Prison rejects murderer's claim of torture

Prison officials say death row inmate Ronnie Lee Gardner is not being tortured in prison, contrary to the convicted murderer's claim in federal court on Monday.

Gardner, 46, is seeking an appeal in U.S. District Court for a new trial from his conviction for shooting an attorney at a Salt Lake City courthouse in a botched escape attempt.

During a hearing before U.S. District Judge Tena Campbell, where Gardner appeared via conference phone, the 46-year-old inmate said he is not being given his medication to treat his chronic arthritis by state corrections workers and added a prison doctor asked why he didn't drop his appeal to end his suffering.

"You should always follow your doctor's orders, except in legal matters," Campbell told Gardner.

"I'm in so much pain," Gardner said. "I sleep two hours in a 24-hour period. ... They're pushing me so far that I can't think positively anymore. I'm normally a positive person."

State corrections refute Gardner's claims.

In a statement, Dr. Richard Garden, director of clinical services for the Utah Department of Corrections, said he denies Gardner's medical care is akin to torture and pointed out that his staff has involved outside medical help and specialists to help treat the inmate.

"No torture is tolerated in this system, nor does it exist. If it were to be discovered it would be immediately eliminated," said corrections Executive Director Tom Patterson. Patterson added he believes Gardner is being treated in a humane way and that medical staff is looking out for his best interests as well as the interests of the general public in terms of public safety.

Gardner's attorney, Andrew Parnes, said getting the medication to treat his client's arthritis has been hit and miss with corrections officials. "It's been an up and down situation," Parnes said.

Under a new federal program designed to help inmates who have civil issues, Campbell assigned a civil attorney to assist Gardner in working with corrections to get his medication.

Parnes said he was relieved when Campbell ordered the additional legal help. As for Gardner, Parnes said he believes his threat to drop his appeal and accept execution was real and not a threat to get attention.

Campbell has indicated she will rule on Gardner's appeal claims within the next two weeks.

Gardner was sentenced to death for killing attorney Michael Burdell during an attempted escape from the Salt Lake County Courthouse in 1985. He was captured on the lawn.

Gardner's appeal centers on jury instructions given at his trial. The Attorney General's Office has argued that it's too late to raise that claim.

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Contributing: Associated Press

E-mail: gfattah@desnews.com