Utah Supreme Court hears appeal on behalf of condemned man set for firing squad execution

Utah Supreme Court hears firing squad appeal

SALT LAKE CITY — The Utah Supreme Court heard an appeal Wednesday on behalf of condemned inmate Ronnie Lee Gardner 10 days before he is scheduled to be executed by a five-man firing squad.

Attorneys for Gardner argued before the justices that they should issue a stay of the planned June 18 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 say the court also could reduce Gardner’s sentence to life in prison.

But state attorneys argue Gardner’s appeal has come too late.

The 49-year-old Gardner was sentenced to die in 1985 for killing a lawyer.

It’s unknown when the justices will rule.