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SALT LAKE CITY — An anti-death penalty organization's lawsuit asking the Utah State Prison to move a "free speech zone" closer to the prison was denied Wednesday evening.
Earlier Wednesday, the group protested outside the Utah State Capitol, announcing the injunction to challenge the zone, which is set 2 miles away from the corrections complex.
The free speech zone is a section of blocked-off roadway marked by a flashing road sign and a perimeter of flood lights. It is closer to the interstate than the correction facility, which lies behind one of the abundant white and gray distribution centers the size of city blocks.
On Wednesday evening, a blanket of haze masked the Great Salt Lake to the west, where paragliders and sailing boats enjoyed the last rays of sun. To the east, the smoke from wildfires flattened the mountains and pit mines like a polaroid. The group argues this remote area deprives them of their First Amendment right to free speech.
As insects swarmed the several protesters gathered at the free speech zone late Wednesday, one protester, Rony Charles, carried a sign calling capital punishment "barbarism."
"Who gives me the right to take someone else's life? I don't think no one should have that right, that power … to take someone else's life. It's barbarism killing another human being," he said.
More than two dozen protesters later gathered in the designated area as the hour of the execution approached. Many carried signs, while some said prayers.
Just after 6 p.m., 3rd District Judge Laura Scott denied the request on procedural grounds. According to the ruling, the complainants filed key pieces of evidence too late for the court to schedule an expedited hearing on the motion.
During the midday press conference on the steps of the state Capitol, demonstrators made a final plea to the governor, hoping to halt the execution of Taberon Honie.
"Now is the time for Utah to rid itself of this outdated and immoral method of punishment," said Michelle Beasley, a parishioner at Blessed Sacrament Catholic Church in Salt Lake City.
"We're motivated by the restorative power of love and investments in transformation," Beasley said. "We believe that the death penalty serves no moral purpose."
Utah Gov. Spencer Cox already denied a request for a temporary reprieve of the execution, which had been sought by Honie's attorneys. Unlike some states, Utah's governor does not have the authority to grant clemency or commute sentences and can only grant temporary reprieves.
Those in attendance Wednesday presented arguments against capital punishment from political, ethical and faith-based positions, with the largest representations coming from the local Catholic Diocese and national organizations. The demonstration follows a Sunday event, providing a platform for conversations about the death penalty.
"The death penalty is a wasteful and expensive government program that fails victims' family members and does not improve public safety," said Nicholas Cote, from the group Conservatives Concerned About the Death Penalty. "Taxpayer dollars can be more effectively allocated to investigate unsolved cases, help grieving families heal, and prevent violence before it happens."
Cote argued that "geography, race, poverty and the broad discretion of the prosecutor" determine whether a defendant receives the death penalty, and the arbitrariness of the sentence "suggests that some lives are worth more than others."
"It is security theater, and yet it is shrouded in secrecy," he said.
J. Robert Latham, an attorney and Libertarian Party gubernatorial candidate running against incumbent Spencer Cox, said, "I reject the arguments made by the state's attorneys that revenge is a valid justification to keep the death penalty rather than abolish it."
"Death by incarceration — life without parole — ultimately yields a similar outcome," Latham said. "And rather than spend $200,000 on a drug that when used as prescribed here is fatal, might that money be better used for restitution and healing?"
Executive director for Death Penalty Action, Abraham Bonowitz, also joined in criticism of the cost of the drug. "How is it that it's costing the state of Utah $200,000 even for three or four doses?" he asked. "Whatever it is they bought, somebody is making a profit, and that should outrage everybody."
A petition that was collected for presentation to the governor's office was flooded with names of Catholic community members in the area. Father Kenneth L. Vilapando, the vicar of clergy for the Salt Lake Diocese, spoke at the press conference, reading the prepared statements of Bishop Oscar A. Solis.
"I must ask all our Catholic brothers and sisters," Vilapando said, "to stand against this blatant disregard for the sanctity of life, and to urge our senators and representatives to end the cruel and inhumane practice of taking life through state-sanctioned executions.
"The death penalty does nothing but repay suffering with suffering. It does not provide justice, does not restore dignity, does not make us safer as a society," the statement said.
Randy Gardner, the brother of the last man executed in 2010 by firing squad, Ronnie Lee Gardner, spoke briefly, explaining how the process has caused serious adverse effects on him and his family, including post-traumatic stress disorder and nightmares. "That day is one that lives on forever in me," he said with tears in his eyes.
The group slowly made its way up the stairs of the Capitol, pouring into the cavernous marble foyer and the office of the governor.
Cox's deputy chief of staff, Michael Mower, met the somber procession in the crowded waiting room and listened to the speakers plead their case one last time. "We're not murderers," Beasley said. "Please don't kill him."
A packet of statements by various organizations and names from the petition were handed over, and Mower made assurances these sentiments would be passed along. The crowd then left to prepare for the night's impending execution.
This story will be updated.
Contributing: Daniel Woodruff
