Utah man set for firing squad execution in 10 days sues to block hearing, asks court for stay

Inmate set for firing squad sues, asks for stay

SALT LAKE CITY — Lawyers for a death row inmate scheduled to be executed by a firing squad on June 18 pleaded for a stay Wednesday before the Utah Supreme Court and then filed a federal lawsuit to stop a commutation hearing over conflict of interest claims.

Ronnie Lee Gardner is asking a federal judge to block the Utah Board of Pardons and Parole from holding his scheduled commutation hearing on grounds the board’s process is tainted. The planned two-day hearing is set to begin on Thursday.

In court papers filed in U.S. District Court late Tuesday, Gardner said lawyers that represent the board work for the Utah attorney general’s office — the entity that sought his death warrant. Those state attorneys will also argue against the board commuting Gardner’s death sentence to life in prison without the possibility of parole.

Gardner said that’s a conflict that violates his constitutional rights.

In court papers, his attorneys claim the parole board relied on advice from the attorney general’s office in deciding to block Gardner’s brother and other witnesses from testifying on his behalf. In the complaint, Gardner’s attorney, Andrew Parnes, asks a federal judge to bar the attorney general’s office from presenting its case at the commutation hearing.

Gardner’s lawyers also ask the judge to order the board to consider the videotaped statements from the family of Gardner’s murdered victim, Michael Burdell, in making its decision. Parnes said the board had arbitrarily decided the video statement could not be heard.

An emergency hearing was set for Wednesday evening before U.S. District Judge Tena Campbell.

The complaint names both the board and Utah Attorney General Mark Shurtleff.

Earlier Wednesday, Gardner’s lawyers asked the Utah Supreme Court to issue a stay of the execution and send the case back to state court for a new sentencing hearing. They contend that mitigating evidence developed for Gardner’s federal appeal should be heard in state court.

Gardner’s attorneys said the court also could reduce Gardner’s sentence to life in prison.

State attorneys argue Gardner’s appeal has come too late.

It’s unknown when the justices will rule.

Gardner, 49, was convicted of capital murder and sentenced to death for the 1985 fatal shooting of Burdell during a botched escape attempt at the old Salt Lake City courthouse.

He chose a five-man firing squad over lethal injection as the method of execution.