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Associated PressSALT LAKE CITY — Lawyers for a death row inmate scheduled to be executed by a firing squad on June 18 pleaded for a stay Wednesday before the Utah Supreme Court and then filed a federal lawsuit to stop a commutation hearing over conflict of interest claims.
Ronnie Lee Gardner is asking a federal judge to block the Utah Board of Pardons and Parole from holding his scheduled commutation hearing on grounds the board's process is tainted. The planned two-day hearing is set to begin on Thursday.
In court papers filed in U.S. District Court late Tuesday, Gardner said lawyers that represent the board work for the Utah attorney general's office — the entity that sought his death warrant. Those state attorneys will also argue against the board commuting Gardner's death sentence to life in prison without the possibility of parole.
Gardner said that's a conflict that violates his constitutional rights.
In court papers, his attorneys claim the parole board relied on advice from the attorney general's office in deciding to block Gardner's brother and other witnesses from testifying on his behalf. In the complaint, Gardner's attorney, Andrew Parnes, asks a federal judge to bar the attorney general's office from presenting its case at the commutation hearing.
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