Quest for justice delayed

Attorney for killer in 1988 murder is removed from case

Published: Friday, April 20 2007 12:45 a.m. MDT

The family of Maurine Hunsaker, kidnapped and murdered 21 years ago, suffered yet another setback this week in their effort to see justice served.

Elizabeth Hunt, the attorney representing death row inmate Ralph LeRoy Menzies, filed a motion in 3rd District Court just five minutes before the start of Wednesday's scheduled status hearing, saying she now felt she had a conflict of interest and asked to be removed from the case.

Matt Hunsaker, Maurine's adult son who was 10 at the time of the murder, believed the motion was a tactical defense move to further delay the proceedings.

"I'm extremely disappointed," he said outside the courtroom. "Liz played the game. They knew in December this case would end up like this. ... This was an extreme slap in the face today, an extreme slap."

Adding further insult, Hunsaker said when he was allowed to address the judge, Menzies, who was sitting about 10 feet away, snickered while he was talking and continuously leaned over to speak to Hunt.

"Menzies mocked me today," Hunsaker said.

In December, the Utah Supreme Court ruled that Menzies should be able to start his post-conviction appeals all over again due to the inadequate legal work of defense attorney Ed Brass. Prosecutors said the move essentially erased the last 12 years of the case's proceedings.

Menzies was convicted of kidnapping 26-year-old Maurine Hunsaker in 1986 from the Kearns gas station where she was working, tying her to a tree and killing her. In court Wednesday, Matt Hunsaker reminded the court how his mother's throat was slashed from ear to ear.

Menzies was sentenced to die in 1988. He went through numerous appeals and attorneys. Brass was appointed by the court to represent Menzies in 1998. He remained Menzies' attorney until 2003. The Utah Supreme Court ruled in December, however, that Brass' representation was "deplorable."

Wednesday's hearing was expected to be the start of the post-conviction appeals process all over again.

Menzies was led into the courtroom wearing an orange jumpsuit with this hands shackled behind his back. He slumped in his chair and often swiveled from side to side during the proceedings, and at one point just stared at the ceiling.

Third District Judge Stephen Roth asked Menzies if he needed an attorney appointed. Menzies said, "Yes."

Before the start of the hearing, it was expected that at that point Hunt would be appointed to remain as Menzies' attorney.

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