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Gardner, 49, was sentenced to death for a 1985 capital murder conviction stemming from the fatal courthouse shooting of attorney Michael Burdell during an escape attempt. Gardner was at the court because he faced a murder charge in the shooting death of bartender Melvyn Otterstrom. Burdell's family does not support the death penalty and asked the board to spare Gardner's life. Otterstrom's family
-- and that of a court bailiff wounded during the courthouse shooting -- lobbied for the death sentence to be carried out. In the appeal to the U.S. Supreme Court, Parnes is arguing that Gardner's constitutional rights will have been violated if he is executed before a state court hears mitigating evidence that could have swayed jurors toward a sentence of life in prison. Utah Assistant Attorney General Thomas Brunker said the state will oppose any further delays of the execution. All things considered, Gardner is holding up pretty well, Parnes said Tuesday. "He is handling this as well as can be expected. ... He's in good spirits given the situation," Parnes said.
[Associated
Press;
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