State attorneys argue against stay of Utah death row inmate’s June firing squad execution

By AP
Thursday, May 6, 2010

Utah argues against stay in firing squad execution

SALT LAKE CITY — Utah state attorneys say a condemned inmate cannot seek a stay of a warrant ordering his execution by firing squad next month.

In a court filing Thursday, Assistant Utah Attorney General Tom Brunker says state law only lets Ronnie Lee Gardner appeal his death sentence — not the order that carries out the punishment.

The 49-year-old Gardner was convicted of capital murder and sentenced to die in 1985.

Last month, after determining state and federal appeals were exhausted, a state judge set execution for June 18.

Gardner’s attorneys have sought a stay pending a Utah Supreme Court appeal.

Gardner chose to die by firing squad, an option only available to death row inmates convicted before 2004.

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