in Draper. In June 1985, Gardner pleaded guilty to the murder of Otterstrom and received a sentence of life imprisonment without the possibility of
parole. District Judge Jay E. Banks instructed the jury, on October 22, 1985, that they had the option of a verdict for the lesser offense of
manslaughter if they found Gardner to be under mental or emotional
duress when he shot Burdell. The jurors deliberated less than three hours and found Gardner guilty of capital murder. In contrast to Taylor, who said he chose the firing squad to embarrass the state, Gardner's attorney said that his client did not want to attract attention and simply preferred to die this way. Gardner's incarceration as Utah's then-youngest inmate on
death row was not uneventful. A hearing was held on February 19, 1987, in which Gardner and other inmates claimed "unconstitutional confinement" in unsanitary conditions with poor food. On October 28, 1987, Gardner broke a glass partition in a prison visiting area and had sex with a woman who was meeting him, while other inmates cheered and barricaded the doors. Gardner claimed breaking the glass was an accident. In 1993,
Utah state representative Dan Tuttle introduced what he called "the Ronnie Lee Gardner bill" in which he proposed that law enforcement officers be permitted to shoot inmates attempting to escape, whether they are "armed or not." because the victim did not die.
Defense motions In 2007, U.S. federal judge
Tena Campbell rejected Gardner's appeal that his attorneys were inadequate because they were unable to prove that he did not mean to kill his victim. The
United States Court of Appeals for the Tenth Circuit rejected motions for appeal by his defense on March 8, 2010. Gardner attempted to give up the process at least three times, but his attorneys convinced him to continue appealing each time. At Gardner's
commutation hearing on June 10, 2010, lawyers and medical experts in his defense argued whether
meningitis contracted at the age of 4 had damaged his brain. Gardner had also
huffed gas and glue with his siblings and played with
mercury stolen from gas meters by his stepfather to sell. Gardner's attorney presented a letter his client wrote to
Oprah Winfrey requesting funds for the project. The family of murder victim Michael Burdell had also appealed on Gardner's behalf, stating that Burdell was a
pacifist who would have opposed the death penalty. News media arrived from around the world and raised the issue of
blood atonement because of Gardner's citation of his Mormon roots in selecting the firing squad. but the majority of people in Utah still supported the death penalty in the period leading up to Gardner's scheduled execution. and unanimously passed the
Utah State Senate on February 17. The legislation was signed into law by the
Governor on 22 March 2011. ==Execution==