Latest news with #3rdDistrictCourt
Yahoo
30-06-2025
- Sport
- Yahoo
Lawsuit accusing outgoing BYU QB Jake Retzlaff of sexual assault dismissed by both parties
A lawsuit accusing BYU quarterback Jake Retzlaff of sexually assaulting a woman in his home has been dismissed. According to multiple reports, attorneys for Retzlaff and his accuser filed a joint motion Monday in Salt Lake City's 3rd District Court to dismiss the case 'with prejudice and upon the merits of the Plaintiff's complaint against the Defendant," meaning that the plaintiff cannot refile the lawsuit. Advertisement News of the lawsuit's dismissal arrives a day after news broke that Retzlaff reportedly intends to transfer from BYU in the wake of a pending seven-game suspension by the school stemming from the lawsuit. The suspension is reportedly not because of the now-dismissed sexual assault allegation, but because Retzlaff contended in his response to the lawsuit that he engaged in consensual premarital sex. BYU is run by the Church of Jesus Christ of Latter-day Saints. The school's honor code instructs students to "live a chaste and virtuous life" and prohibits them from engaging in premarital sex. It applies to all students whether or not they are Mormon. Retzlaff is not Mormon. The lawsuit and Retzlaff's response In the lawsuit that was filed in May, a Salt Lake County woman referred to as Jane Doe A.G. accused Retzlaff of sexually assaulting her in his home in 2023. The lawsuit stated that she consented to kissing while in Retzlaff's room as the two watched a movie but "did not want to do anything more." Jane Doe A.G accused Retzlaff of forcibly raping her after she repeatedly told him "no" and to "stop." Advertisement Per the lawsuit, Retzlaff's accuser reported the alleged sexual assault to police, underwent a rape kit and had pictures of her injuries taken. According to the lawsuit, she did not initially identify Retzlaff to police. Retzlaff does not face criminal charges. Retzlaff denied that he assaulted his accuser in a legal response filed Friday. In the response filed by his attorney, Retzlaff stated that he had sex with his accuser as part of a 'normal evening of consensual sexual interaction.' The filing stated that Retzlaff and his accuser exchanged text messages for months after the alleged assault and that his accuser intended to "extort money from him" now that he's an NFL prospect. The lawsuit sought damages of at least $300,000. BYU quarterback Jake Retzlaff (12) throws against Oklahoma during the first half of an NCAA college football game Saturday, Nov. 18, 2023, in Provo, Utah. (AP Photo/Rick Bowmer) (ASSOCIATED PRESS) Honor code violation and transfer Two days after his response asserting that he had consensual sex with his accuser, news broke of BYU's plan to suspend Retzlaff for the honor code violation. Regarding the lawsuit, BYU previously issued a statement when it was filed in May. "The university takes any allegation very seriously, following all processes and guidelines mandated by Title IX. Due to federal and university privacy laws and practices for students, the university will not be able to provide additional comment." Advertisement Retzlaff would not be the first BYU athlete to face a lengthy suspension for an honor code violation. Former running back Jamaal Williams missed the entire 2015 season when he was at BYU before returning to the team for his senior season in 2016. When asked by the Green Bay Packers in the pre-draft process why he missed that season, Williams said he told them "I had a girl in my room." In 2011, basketball player Brandon Davies was dismissed from the team for an honor code violation. That team featuring Jimmer Fredette was ranked No. 3 in the nation at the time of Davies' dismissal. Retzlaff is a graduate student and has one year of NCAA eligibility remaining. Per ESPN, he was working out with BYU with the intention of playing in the fall prior to news of his pending suspension. He has since informed his teammates and coaching staff of his intent to transfer and plans to put his name in the transfer portal in the coming days, according to the report. Retzlaff initially transferred to BYU from Riverside City College in 2023. He was BYU's starting quarterback in 2024 after playing a backup role in his first season. He led the Cougars to an 11-2 season in 2024 that concluded with an Alamo Bowl victory over Colorado. Retzlaff completed 57.9% of his passes for 2,947 yards (226.7 yards per game) on 8 yards per attempt with 20 touchdowns and 12 interceptions.
Yahoo
14-06-2025
- Yahoo
New jury trial set for Kamas mother charged with killing her husband
A request for an appeal in Kouri Richins' case has caused a 10-month delay in her case. New jury trial dates were scheduled in a virtual hearing on Friday, with jury selection beginning on Feb. 10, 2026, and the trial beginning two weeks later on Feb. 23. Her April trial was delayed when her attorneys said they wished to appeal a decision to only allow jurors from Summit County, as the court declined Richins' request to also have jurors from Salt Lake County. Richins is a mother and real estate agent who is charged with murdering her husband and attempting to murder him a month earlier. She was charged over a year after his death. With the new trial, her attorneys asked for more time to select a jury — since now it will come from only residents of Summit County — and for the trial itself to be one week longer than initially planned because of the length of the witness list. Kathy Nester said Richins may testify, and if she does, it would be 'very lengthy.' Other witnesses will also need a lot of time, in addition to video and audio tapes, Nester said. In Friday's hearing, 3rd District Judge Richard Mrazik also set dates for additional hearings before the trial and asked attorneys to work together to decide when certain documents will be filed in order to have everything ready for the trial. There are currently four motions ready for oral argument and a decision, including requests to exclude the defense's expert witnesses, a motion from Richins' attorneys to not allow the 'Walk the Dog!!' letter into trial and prosecutor's request to bring evidence," Mrazik said. Kouri Richins' attorneys said they still wish to file at least one motion to ask for additional evidence to not be allowed in trial. Mrazik said the court will send jury questionnaires to 2,000 people, which is more than were sent for the previously scheduled trial. The court planned for six days to question jurors, with 40 potential jurors coming in each day. On March 4, 2022, Richins called dispatch to report her husband, Eric Richins, 39, was unresponsive in the early morning hours. She is accused of administering a fatal dose of fentanyl that night and has also been charged with giving a lethal dose of drugs to her husband on Valentine's Day, less than three weeks before. She was ordered to stand trial for aggravated murder and attempted murder, both first-degree felonies; two counts of distributing a controlled substance, two counts of insurance fraud and two counts of filing a fraudulent insurance claim, all second-degree felonies; and three counts of forgery, a third-degree felony. Richins will face a separate trial for two counts of mortgage fraud, a second-degree felony, and two additional counts of forgery, a third-degree felony. Her attorneys said in a statement after the hearing that they are relieved she has a trial date and are confident 'once the facts are heard it will be clear to all that Kouri is innocent.' 'She is ready for the truth to come out — and of the false narratives that have defined this case to be confronted in a court of law,' they said. Richins' next hearing will be on Aug. 1.
Yahoo
11-06-2025
- Yahoo
As state moves toward execution, Ralph Menzies' attorneys appeal to Utah Supreme Court
Ralph Leroy Menzies listens as attorney Eric Zuckerman talks to the judge during a competency hearing in 3rd District Court in West Jordan on Monday, Nov 18, 2024. (Pool photo by Rick Egan/The Salt Lake Tribune) Attorneys for death row inmate Ralph Menzies have filed an appeal with the Utah Supreme Court, challenging a recent decision that found the 67-year-old convicted killer has dementia, but is still competent enough to be executed. The news comes as the Utah Attorney General's Office says it plans to move forward with Menzies' firing squad execution, with a hearing set for July 9 to discuss the application for an execution warrant. An execution warrant, sometimes called a death warrant, is one of the final steps in the process, where the state authorizes the prison to carry out a death sentence after appeals have been exhausted. It's not yet clear how the appeal to the Utah Supreme Court will impact the state's application for an execution warrant. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Menzies was convicted of murder in 1988 after he kidnapped 26-year-old gas station clerk Maurine Hunsaker from her work and took her up Big Cottonwood Canyon, where she was later found tied to a tree with her throat slashed. Menzies spent decades on death row, and in recent years his health has deteriorated. After falling several times in prison he was diagnosed with vascular dementia, caused when the brain's blood flow is disrupted, leading to memory loss and declining cognitive function, according to court testimony. An MRI exam showed Menzies' brain tissue is deteriorating, and his balance is fraught, causing him to fall several times each month. His attorneys say his brain is so damaged that he cannot form a rational understanding of why the state is pursuing the death penalty. The goal of the death penalty — retribution and deterrence — cannot be achieved if Menzies doesn't really understand why he's being executed, they argued. But attorneys for the state say while Menzies might be suffering from cognitive decline, he doesn't meet that threshold of incompetence. And Utah's 3rd District Judge Matthew Bates ultimately agreed in a ruling issued Friday evening. Judge says Ralph Menzies does have dementia, but is competent enough to be executed Menzies' attorneys told Utah News Dispatch they disagree with the ruling and would file an appeal with the Utah Supreme Court. That was made official on Monday, with his attorneys writing they plan to challenge 'the final order finding that despite a proper medical diagnosis of vascular dementia, Mr. Menzies has failed to demonstrate that he is incompetent to be executed.' In Utah, death row inmates sentenced before May 2004 had a choice between lethal injection and firing squad. Menzies, when he was sentenced in 1988, chose the firing squad. For those sentenced after 2004, the default method of execution is lethal injection, unless the necessary drugs are not available. The news that Menzies was found competent to be executed was celebrated by Matt Hunsaker, Maurine's son, who told Utah News Dispatch 'my family is very happy to see that we might have some closure coming.' 'We definitely appreciate the fact that it's moving forward, we are in hopes that the flow can continue and we can get an execution date and the death warrant signed immediately,' Hunsaker said on Friday following Bates' ruling. Menzies' attorney Lindsey Layer, meanwhile, said she respectfully disagreed with the ruling, calling her client 'a severely brain-damaged, wheelchair-bound, 67-year-old man with dementia and significant memory problems.' 'He cannot understand the State's reasons for his execution. His dementia is progressive and he is not going to get better. It is deeply troubling that Utah plans to remove Mr. Menzies from his wheelchair and oxygen tank to strap him into an execution chair and shoot him to death,' Layer said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
07-06-2025
- Yahoo
Judge says Ralph Menzies does have dementia, but is competent enough to be executed
Ralph Leroy Menzies appears for a competency hearing in 3rd District Court in West Jordan on Monday, Nov 18, 2024. (Pool photo by Rick Egan/The Salt Lake Tribune) A Utah judge says death row inmate Ralph Menzies is mentally competent enough to be executed by firing squad. In a ruling issued Friday evening, 3rd District Judge Matthew Bates wrote that Menzies does have dementia, but it's not enough to prevent him from understanding why he's being punished. Menzies' attorneys say they plan to appeal the decision to the Utah Supreme Court. The ruling caps of a monthslong competency hearing that began in November, where attorneys for Menzies argued the 67-year-old's brain is so damaged he can't form a 'rational understanding' of why the state is pursuing the death penalty. Attorneys for the state, meanwhile, argued that Menzies does show signs of cognitive decline but he's still competent. Will Ralph Menzies' dementia keep him from a firing squad? Attorneys make final argument Menzies has spent nearly 40 years on death row, after being convicted of murdering Maurine Hunsaker in 1986. Menzies kidnapped Hunsaker, a 26-year-old gas station clerk, from her work and took her up Big Cottonwood Canyon, where she was later found tied to a tree with her throat slashed. In recent years, Menzies' health has deteriorated, his attorneys say. After falling several times in prison, he was diagnosed with vascular dementia, caused when the brain's blood flow is disrupted, leading to memory loss and declining cognitive function. An MRI exam showed Menzies' brain tissue is deteriorating, and his balance is fraught, causing him to fall several times each month. In his ruling Friday, Bates acknowledged Menzies' condition, but said it's not enough to deem him incompetent. 'Although Menzies has shown he has vascular dementia, he has not shown by a preponderance of the evidence that his mental condition prevents him from reaching a rational understanding of his punishment or the State's reasons for it. Therefore, he has not met his burden to show he is incompetent to be executed,' Bates wrote. In a statement, Matt Hunsaker, Maurine's son, said he appreciated the court's diligence for issuing the ruling so soon. During the final day of arguments in the competency hearing on May 7, Bates said he would issue a ruling in 60 days, giving himself a July 6 deadline. 'It kind of comes as a shock to the family. We weren't expecting it this soon,' Hunsaker said. 'We definitely appreciate the fact that it's moving forward, we are in hopes that the flow can continue and we can get an execution date and the death warrant signed immediately.' Hunsaker, in a text message, added, 'my family is very happy to see that we might have some closure coming.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Menzies' attorney Lindsey Layer told Utah News Dispatch they disagree with the ruling, and plan on filing an appeal with the Utah Supreme Court. 'Ralph Menzies is a severely brain-damaged, wheelchair-bound, 67-year-old man with dementia and significant memory problems,' Layer said. 'He cannot understand the State's reasons for his execution. His dementia is progressive and he is not going to get better. It is deeply troubling that Utah plans to remove Mr. Menzies from his wheelchair and oxygen tank to strap him into an execution chair and shoot him to death.' In Utah, death row inmates sentenced before May 2004 had a choice between lethal injection and firing squad. Menzies, when he was sentenced in 1988, chose the firing squad. For those sentenced after 2004, the default method of execution is lethal injection, unless the necessary drugs are not available. Read the ruling below: Menziesruling SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
07-06-2025
- Yahoo
Judge says Ralph Menzies does have dementia, but is competent enough to be executed
Ralph Leroy Menzies appears for a competency hearing in 3rd District Court in West Jordan on Monday, Nov 18, 2024. (Pool photo by Rick Egan/The Salt Lake Tribune) A Utah judge says death row inmate Ralph Menzies is mentally competent enough to be executed by firing squad. In a ruling issued Friday evening, 3rd District Judge Matthew Bates wrote that Menzies does have dementia, but it's not enough to prevent him from understanding why he's being punished. Menzies' attorneys say they plan to appeal the decision to the Utah Supreme Court. The ruling caps of a monthslong competency hearing that began in November, where attorneys for Menzies argued the 67-year-old's brain is so damaged he can't form a 'rational understanding' of why the state is pursuing the death penalty. Attorneys for the state, meanwhile, argued that Menzies does show signs of cognitive decline but he's still competent. Will Ralph Menzies' dementia keep him from a firing squad? Attorneys make final argument Menzies has spent nearly 40 years on death row, after being convicted of murdering Maurine Hunsaker in 1986. Menzies kidnapped Hunsaker, a 26-year-old gas station clerk, from her work and took her up Big Cottonwood Canyon, where she was later found tied to a tree with her throat slashed. In recent years, Menzies' health has deteriorated, his attorneys say. After falling several times in prison, he was diagnosed with vascular dementia, caused when the brain's blood flow is disrupted, leading to memory loss and declining cognitive function. An MRI exam showed Menzies' brain tissue is deteriorating, and his balance is fraught, causing him to fall several times each month. In his ruling Friday, Bates acknowledged Menzies' condition, but said it's not enough to deem him incompetent. 'Although Menzies has shown he has vascular dementia, he has not shown by a preponderance of the evidence that his mental condition prevents him from reaching a rational understanding of his punishment or the State's reasons for it. Therefore, he has not met his burden to show he is incompetent to be executed,' Bates wrote. In a statement, Matt Hunsaker, Maurine's son, said he appreciated the court's diligence for issuing the ruling so soon. During the final day of arguments in the competency hearing on May 7, Bates said he would issue a ruling in 60 days, giving himself a July 6 deadline. 'It kind of comes as a shock to the family. We weren't expecting it this soon,' Hunsaker said. 'We definitely appreciate the fact that it's moving forward, we are in hopes that the flow can continue and we can get an execution date and the death warrant signed immediately.' Hunsaker, in a text message, added, 'my family is very happy to see that we might have some closure coming.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Menzies' attorney Lindsey Layer told Utah News Dispatch they disagree with the ruling, and plan on filing an appeal with the Utah Supreme Court. 'Ralph Menzies is a severely brain-damaged, wheelchair-bound, 67-year-old man with dementia and significant memory problems,' Layer said. 'He cannot understand the State's reasons for his execution. His dementia is progressive and he is not going to get better. It is deeply troubling that Utah plans to remove Mr. Menzies from his wheelchair and oxygen tank to strap him into an execution chair and shoot him to death.' In Utah, death row inmates sentenced before May 2004 had a choice between lethal injection and firing squad. Menzies, when he was sentenced in 1988, chose the firing squad. For those sentenced after 2004, the default method of execution is lethal injection, unless the necessary drugs are not available. Read the ruling below: Menziesruling SUPPORT: YOU MAKE OUR WORK POSSIBLE
