Man's killer starts new appeal of sentence

PROVO — After almost 20 years, a man accused of fatally beating a gay college student in Millard County is trying another appeal to stave off a seat on death row.

Michael Anthony Archuleta, 43, was convicted by a jury in 1990 of torturing, raping and killing then-Southern Utah State College theater student Gordon Ray Church two years before.

Although he has been scheduled to be executed, Archuleta has continued an appeals process, making his case one of the longest the state has dealt with, said Thomas Brunker of the Utah Attorney General's Office.

Archuleta started another round of appeals Tuesday as his attorney, Ed Brass, questioned witnesses in an attempt to present evidence that Archuleta's former attorney — Michael Esplin — was ineffective at presenting mitigating evidence during the penalty phase of the 1988 trial.

Mitigating evidence would include background history about Archuleta, including his childhood as well as psychological factors or neurological defects that might have led to criminal behavior.

Capital murder cases are bifurcated to allow a guilt phase and a penalty phase. The attorney's question lies with the penalty phase and the death sentence. Even if Archuleta's appeal is approved, he will still be guilty of the murder charge. He would have reconsideration for his sentence.

Archuleta's adoptive mother, Stella, testified Tuesday her son was kind and caring, telling Judge Donald Eyre how he took care of his children and stepchildren, as well as his aunt, her sister.

"I'm proud of him," she said. "He was a good father."

Brass continually asked if Esplin knew or had asked Archuleta about these things. He contends specific details were not brought up during the trial.

However, Christopher Ballard, with the Utah Attorney General's Office, said the testimony he heard Tuesday was just a rehashing of previously discussed information.

Ballard and Brunker also disagree with the claim that previous council was ineffective and called to the stand Brent Bullock, who had assisted Esplin with investigating and defending the Archuleta case.

"When I was involved, my role was to do everything . . . to assist Mr. Archuleta in the guilt and sentencing phase," Bullock said. "Anything and everything to assist him."