Lafferty challenges death penalty again

Death row inmate Ron Lafferty once again is asking for the ear of the Utah Supreme Court to hear his appeal challenging a 4th District judge's denial of his latest try to avoid the death penalty.

This will make the third time his case has been brought before the state's highest court.

Lafferty's notice of appeal was filed earlier this month with the Supreme Court, with a brief outlining the case expected soon after. The 64-year-old murder convict is challenging a ruling made last November by Judge Anthony Schofield, who denied Lafferty's request for an evidentiary hearing on his claim that his defense team held back evidence during his second jury trial in 1996.

Lafferty, along with his brother, Dan Lafferty, were convicted of murdering their sister-in-law, Brenda Lafferty and her 15-month-old daughter, Erica, on July 24, 1984. Both victims were found with their throats slit by what police say was a barber's razor. Dan is serving a life sentence in prison without parole.

Ron Lafferty was sentenced to death in 1985 but, after an appeal, was granted a new trial in 1991 by the 10th Circuit Court of Appeals. In 1996, Lafferty was again found guilty by a jury and was again sentenced to death.

In his latest appeal, Lafferty claims his defense team during his second 1996 trial fell short in their duties to defend him. In all, Lafferty's defense attorney has raised 47 points.

"This will be the third time that (the Utah Supreme Court) will take a look at the case," said assistant Utah Attorney General Thomas Brunker.

Brunker said Lafferty's case is one of the oldest death row cases in Utah, next to the death penalty conviction of Douglas Carter in 1985 and Ronnie Lee Gardner's death sentence in 1986.

Brunker said he expects Lafferty's legal brief to be filed sometime this summer but added it will likely be a year out before the Utah Supreme Court actually hears oral arguments in the case.

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