On August 19, 2025, the Utah Pardons Board denied Ralph Menzies’ peti­tion for com­mu­ta­tion, despite his wors­en­ing demen­tia, fail­ing health, and evi­dence that his 1988 death sen­tence was imposed in error” and obtained using per­jured tes­ti­mo­ny.” The Pardons Board was asked to com­mute his sen­tence to life with­out the pos­si­bil­i­ty of parole (LWOP). According to report­ing by the Utah News Dispatch, Utah’s Pardon Board has nev­er grant­ed clemen­cy to a death-sentenced person. 

Ralph Menzies is a 67-year-old man with pro­gres­sive­ly wors­en­ing demen­tia. He’s teth­ered to an oxy­gen tank, uses a wheel­chair, is con­fused and dis­ori­ent­ed, and no longer under­stands why Utah is try­ing to kill him … This is rea­son enough to grant mercy.” 

Lindsey Layer, one of Mr. Menzies’ attorneys

Attorneys for Mr. Menzies note he suf­fers from vas­cu­lar demen­tia, a pro­gres­sive ter­mi­nal con­di­tion that means he no longer under­stands why the State of Utah is seek­ing to exe­cute him. The August 13 – 14, 2025, Pardon Board hear­ing fea­tured tes­ti­mo­ny by duel­ing med­ical pro­fes­sion­als who gave strik­ing­ly dif­fer­ent per­spec­tives on Mr. Menzies’ men­tal fac­ul­ties. Doctors for the defense stat­ed Mr. Menzies’ vas­cu­lar demen­tia meant that his brain is wast­ing away,” while one doc­tor tes­ti­fy­ing for the state said he found lit­tle evi­dence of cog­ni­tive decline” and anoth­er admit­ted that he prob­a­bly had some cog­ni­tive decline.” Both doc­tors called by the state admit­ted their con­clu­sions were based large­ly on record­ed phone calls Mr. Menzies has made to his fam­i­ly over the past few months. 

During the hear­ing, evi­dence was also pre­sent­ed that Mr. Menzies’ death sen­tence was the result of error. Mr. Menzies’ peti­tion for com­mu­ta­tion notes the orig­i­nal sen­tenc­ing judge in his case, Judge Raymond Uno, now deceased, signed an affi­davit in 2010 admit­ting that he had mis­ap­plied the law.” Judge Uno said his error should result in a reduc­tion in the sen­tence from cap­i­tal mur­der to … life impris­on­ment.” According to Mr. Menzies’ attor­neys, Judge Uno’s state­ment was pre­vi­ous­ly deemed irrel­e­vant” and nev­er con­sid­ered dur­ing any of Mr. Menzies post-con­vic­tion appeals. That meant that the Pardons Board was the first to con­sid­er Judge Uno’s state­ment, and it was unpersuaded. 

Attorneys for Mr. Menzies also argue that his death sen­tence relies heav­i­ly on the tes­ti­mo­ny of anoth­er pris­on­er who was lat­er found to have per­jured him­self. According to Mr. Menzies’ peti­tion for com­mu­ta­tion, jail house infor­mant Walter Britton false­ly tes­ti­fied” that Mr. Menzies con­fessed to him” and that he had described to Mr. Britton in vivid detail some of the more grue­some aspects of the crime. Mr. Britton lat­er recant­ed and admit­ted that he had made up the sto­ry to obtain a reduc­tion in his sen­tence. Despite the recan­ta­tion, Mr. Britton’s tes­ti­mo­ny was cit­ed by the pros­e­cu­tor dur­ing the penal­ty phase of Mr. Menzies’ tri­al to show his lack of remorse. The Salt Lake City District Attorney’s Conviction Integrity Panel reviewed Mr. Menzies’ case and con­clud­ed that it was and is fun­da­men­tal­ly unfair for the State to exe­cute a per­son if the judge’s deci­sion to impose death was, as it was in this case, based to any degree on per­jured tes­ti­mo­ny affect­ing one of the ele­ments the judge relied on most heav­i­ly to jus­ti­fy the sen­tence, where it is rea­son­ably like­ly that death would not have been imposed had he known the evi­dence was per­jured.” Again, the Pardons Board was unpersuaded. 

Mr. Menzies’s record for near­ly 40 years on death row con­firms he pos­es no threat to any­one in prison if giv­en a life with­out parole sentence.” 

Lindsey Layer, one of Mr. Menzies’ attorneys

One of the fac­tors the Pardons Board also con­sid­ers is whether Mr. Menzies pos­es a risk of vio­lence to oth­ers such that com­mut­ing his sen­tence to Life Without Parole (LWOP) would pose a dan­ger to oth­er inmates or cor­rec­tions offi­cers. Ret. Captain Lyle Smith, a for­mer cor­rec­tions offi­cer, said he had nev­er seen [Mr. Menzies] raise his tem­per” and he did not think Mr. Menzies would ever strike out at anyone[.]” 

Separately, Mr. Menzies’ attor­neys are argu­ing before the Utah Supreme Court on August 21 that his demen­tia means he is incom­pe­tent to be exe­cut­ed. Executing indi­vid­u­als who fail to under­stand ratio­nal­ly why they are being exe­cut­ed is uncon­sti­tu­tion­al. In the 1986 case Ford v. Wainwright, the U.S. Supreme Court artic­u­lat­ed that “[t]he test for whether a pris­on­er is insane for Eighth Amendment pur­pos­es is whether the pris­on­er is aware of his impend­ing exe­cu­tion and the rea­son for it.” In 2007, the Court clar­i­fied in Panetti v. Quarterman that aware­ness meant aware­ness of a link between a crime and its pun­ish­ment in a con­text so far removed from real­i­ty that the pun­ish­ment can serve no proper purpose.” 

Mr. Menzies was con­vict­ed of the 1986 mur­der of Maurine Hunsaker. He is sched­uled to be exe­cut­ed by fir­ing squad on September 5, 2025. The last per­son to be exe­cut­ed in Utah was Taberon Dave Honie, who was exe­cut­ed by lethal injec­tion on August 8, 2024. His exe­cu­tion broke a four­teen-year pause in exe­cu­tions in the state, a pause which began in the wake of the 2010 exe­cu­tion by fir­ing squad of Ronnie Gardner. 

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Sources

Sources: Kyle Dunphey, Utah Board of Pardons and Parole denies death row inmate Ralph Menzies’ plea for clemen­cy, Aug. 19, 2025; Pat Reavy, Ralph Menzies’ cog­ni­tive decline debat­ed dur­ing first day of com­mu­ta­tion hear­ing, Aug. 13, 2025; Clemency Petition for Mr. Ralph Menzies of July 16, 2025; I‑An Su, John H. Blume, and Stephen J. Ceci, Analyzing the Successful Incompetent to Be Executed Cases in the United States: A First Pass , Cornell Legal Studies Research Paper No. 25 – 01, Behavioral Sciences, Volume 15, Issue 32025