April 12 hearing set for Ronnie Lee Gardner execution warrant

SALT LAKE CITY — A hearing date has been set on the requested execution warrant for longtime death row inmate Ronnie Lee Gardner, signaling a move toward the state's first execution in 10 years.

A Wednesday court filing shows that the hearing will take place April 12 before 3rd District Judge Robin Reese. The hearing comes after the U.S. Supreme Court decided not to hear Gardner's latest appeal petition, prompting the Utah Attorney General's Office to file an application for the warrant last week.

Gardner, 49, was sentenced to die for shooting and killing attorney Michael Burdell and severely wounding Salt Lake County sheriff's bailiff George "Nick" Kirk while trying to escape the old Salt Lake County courthouse in 1985.

Authorities said Gardner used a gun that was smuggled into the courthouse by his girlfriend. Gardner was in court that day facing charges stemming from a 1984 robbery and shooting death of Melvyn John Otterstrom.

A jury convicted Gardner of capital murder in the slaying of Burdell and sentenced him to die in 1985. He also was sentenced to a term of five years to life for killing Otterstrom.

Gardner made numerous attempts to appeal the conviction, starting as early as 1989. The case has made its way through the Utah federal and Supreme Court systems, before it was again rejected by the 10th Circuit Court of Appeals in June.

Once the U.S. Supreme Court denied Gardner's third petition, the AG's office filed the application, stating that Gardner had "exhausted his judicial process."

Gardner's attorney, Andrew Parnes, said since the petition was denied, the focus has become making sure the execution, if carried out, will be done according to the Constitution.

e-mail: emorgan@desnews.com