Attorneys for death row inmate William Andrews on Thursday asked the Utah Supreme Court to reconsider its denial of his appeal two weeks ago.
Attorneys Gordon Greiner, Timothy Ford and Joe Tesch filed a motion for rehearing with the court Thursday, the last day they had to file such a motion.The court issued a 4-1 ruling Oct. 27 denying Andrews' appeal, which argued Andrews was the victim of incompetent legal counsel at the time of his trial and the judge erred in not telling the jury they could convict him of a lesser crime than first-degree murder.
Andrews and Pierre Dale Selby were sentenced to execution for the torture-slayings of three people during the 1974 robbery of the Ogden Hi-Fi Shop. Selby was executed Aug. 28, 1987.
Andrews' attorneys contend jurors should have had the option of finding him guilty of less than first-degree murder because evidence showed Andrews did not fire the shots that killed three people and injured two others.
The arguments of incompetent counsel and lack of an option for the jurors were not directly addressed in the earlier appeals, and the Utah Attorney General's Office contends it is not timely to bring those issues into the case now.
If the Supreme Court denies the motion for rehearing, the defense attorneys can take the appeal directly to the U.S. Supreme Court.