State prosecutors are surprised they haven't heard from attorneys for convicted Hi Fi Shop killer William Andrews in the week since a 2nd District Court judge signed a new death warrant condemning Andrews to die Sept. 14.
But none of them are willing yet to bet the execution will come off as scheduled Sept. 14. Attorneys representing Andrews may have decided on their next move, but they have yet to put their cards on the table."We don't think it's appropriate to talk about these matters at this time," Timothy Ford, a Seattle-based attorney representing Andrews, said Tuesday.
Second District Judge Ronald O. Hyde signed a death warrant last week ordering Andrews executed by lethal injection for his part in the torture-murders of three people in Ogden's Hi Fi Shop in 1974.
When the date was set, state prosecutors said they expected Andrews' attorneys to immediately file a motion with the state Supreme Court asking for a stay of execution. But so far the attorneys have filed no motions, court officials said Tuesday.
If Andrews wants a final clemency hearing before the Board of Pardons, he must send a written request within 10 days of the time the death warrant was signed. The deadline is next Monday. So far, no letter has been received.
State prosecutors are somewhat surprised. Andrews' attorneys have appeared buoyed by a statement Pierre Dale Selby, Andrews' accomplice, made before he was executed last August. Selby told the Board of Pardons Andrews did not help shoot the victims. Andrews' attorneys argued last week that Hyde should not sign the death warrant because of that testimony.
But prosecutors say that argument is misleading. Andrews may not have fired shots, but he forced the victims to drink Drano, a commercial liquid cleaner. The Drano would eventually have killed the victims even if they weren't later shot, said Assistant Attorney General Sandra Sjogren.
"People don't understand. They hear that (Selby's testimony) and they think that means he (Andrews) is not responsible," she said.
The likelihood of an execution next month is further complicated by a separate appeal Andrews has pending before the state Supreme Court. The court is scheduled to hear that appeal Sept. 12, two days before the scheduled execution.
Deputy Attorney General Paul Warner said the Board of Pardons may not grant a final hearing while a legal appeal still is pending. Although they will hear the appeal before the execution date, the justices are unlikely to announce a decision immediately.
"At this stage, who knows what will happen?" Warner said.
The appeal contends Andrews' previous attorney was incompetent because he did not properly inform jurors they could return a verdict of second-degree murder, for which Andrews could not have received the death sentence.