William Andrews, the nation's longest standing death row inmate, has abused the appeals process by raising issues brought up a dozen times before, state attorneys argue in a brief to the 10th U.S. Circuit Court of Appeals.
The process has cost the state more than $126,000 for 22 months of outside legal work because one of Andrews' 15 attorneys is now employed by the state.The state hired outside counsel last year after Joe Tesch, one of Andrews' lawyers, was named chief deputy to Utah Attorney General Paul Van Dam.
The state hired Robert Wallace of the Salt Lake City law firm of Hanson, Epperson & Smith. Wallace, who also served as an assistant attorney general in the late 1970s, was retained after Andrews' lawyer Timothy Ford raised concerns about a possible conflict.
The state paid Wallace's firm $112,479 for work done from March 22, 1989, through July 17, 1990. Two outstanding bills bring the total to date to $126,157.
In a brief mailed Friday, state attorneys say that since Andrews first appealed his 16-year-old death sentence, he has had 15 lawyers represent him in at least a dozen legal proceedings.
Currently six lawyers are representing Andrews.
Andrews now has 14 days to respond to the state's briefs. The case is to be argued sometime between Jan. 14 and Jan. 18.
Andrews, 36, who had been a Hill Air Force Base airman from Jonesboro, La., was sentenced to die for the 1974 torture and shooting deaths of three people during a robbery at Ogden's Hi Fi shop. Two others survived. Pierre Dale Selby, who admitted firing the fatal shots, was executed in 1987.
Testimony showed Andrews helped Selby administer doses of a caustic liquid.
Andrews claimed that because he did not fire the fatal bullets, he should have been convicted only of second-degree homicide.