Power outage delays hearing for Menzies

A hearing for convicted killer Ralph Menzies was postponed Thursday after a power outage at the West Valley courthouse posed a possible security risk and prevented the transportation of inmates from the Utah State Prison.

The power outage delayed the start of afternoon court by 40 minutes and in addition to Menzies postponed two other state prison hearings.

Third District Judge Pat Brian had been expected to rule on whether Menzies, who was sentenced to die 18 years ago, still has avenues for appeal in state court. In 2002, a court ruling was issued ending the state court appeals process for Menzies.

His attorney, Elizabeth Hunt, has argued that the ruling was unjust because it was made only after Menzies' previous attorney, Ed Brass, failed to complete appeal filings. Menzies should not be denied his right to appeal because of attorney error, Hunt has said.

Utah Attorney General Thomas Brunker, however, has argued that the ruling should stand and that to reverse it would set the case back by about eight years.

Brian has asked for an evidentiary hearing on the matter on Dec. 15 and has asked the defense to provide the court with various documents, including correspondence and phone records that illustrate the communications between Menzies and Brass.

Menzies had been set for execution by firing squad Nov. 10, but a stay of execution was ordered by the federal court last month after Hunt filed notice that she intended to pursue a federal appeal.

Menzies was convicted and sentenced to die in 1988 for the February 1986 kidnap and murder of Maurine Hunsaker, a 26-year-old mother of three who was working at a Kearns gas station.