Is Ralph Menzies too incompetent for Utah’s death penalty? His execution is on hold until a court finds out.

SALT LAKE COUNTY, Utah ( ABC4 ) — Ralph Menzies has been on Utah’s death row for more than 35 years. A judge had scheduled a hearing in February to decide whether he would be executed by firing squad, but it’s now on hold over claims of mental incompetency.

3rd District Court Judge Matthew Bates ordered Menzies to appear in person for a hearing on Feb. 23 in West Jordan. However, Menzies’ attorney filed a petition to stay further hearings in the matter until a final evaluation can be undertaken.

“The Petition articulates facts, observations, and conversations that led Menzies to seek neurological and neuropsychological testing to evaluate his competency to be executed,” the order from the 3rd District Court states.

The petition includes a written evaluation from Dr. Lynette M. Abrams-Silva, who says that Menzies suffers from “vascular dementia,” and “lacks the ability to form a rational understanding of the reasons why the State seeks to execute him.”

The judge’s order states the Department of Health and Human Services will appoint two examiners not involved in Menzies’ current treatment to perform the evaluation, and all proceedings must be videoed. The examiners have been ordered by the court to address the following points:

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