Attorneys defending death row inmate Ralph Menzies argued in court this week that prosecutors with the Utah attorney general’s office haven’t acted fairly and should be kicked off the case.
Utah attorney general’s office prosecutors at risk of disqualification in Ralph Menzies death penalty case
To remedy this, the office instated a “conflict screen” — essentially a communications firewall — between its attorneys representing each agency, meant to ensure their independence from each other.
Third District Judge Matthew Bates ruled Wednesday that the emails Menzies’ team requested must be released. He reasoned that if the attorney general’s office prosecutors shared information among the independent sets of DHHS and Corrections Department counsel, then that information must also be shared withHe asked for more time to decide whether or not to disqualify prosecutors, but he intends to enter a written ruling by Oct. 30.
Andrew Hopkins, with the attorney general’s office, argued in court Wednesday that the parties represented by his office were not “adversarial,” and that the imposed firewall was meant to preserve attorney-client privilege.In arguing against the disqualifying motion, prosecutor Daniel Boyer, with the attorney general’s office,
“If we were colluding with UDC to somehow create an unfair advantage against , then the production wouldn’t look the way it does,” Boyer said. Matt Hunsaker, who’s mother, Maurine Hunsaker, was killed by Ralph Menzies in 1986, speaks in opposition as he attends a hearing to repeal Utah’s death penalty on Monday, Feb. 14, 2022.
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