SALT LAKE CITY, Utah - Lawyers for a 67-year-old dementia-stricken death convict are racing against time to delay his firing squad execution on Sept. 5 by arguing in court that he cannot be legally executed.

Attorneys for murder convict Ralph Menzies insisted that the district judge that issued an execution warrant for their client was wrong in making he decision, saying that dementia has made his competence to face execution untenable.

They appealed before the Utah Supreme Court for another evaluation of Menzies’ mental state considering that he has been suffering from vascular demential, thus is not eligible for execution.

Earlier, the Utah parole board declined Menzies’ plea for mercyand commute his sentence.

While Third District Judge Matthe Bates agreed that Menzies indeed had dementia, his condition has not resulted in mental impairment that calls for the cancellation of the firing squad execution.

However Lindsey Layer, one of Menzies’ lawyers, told the Utah SC that her client’s mental state has worsened since the evaluations were conducted.

According to Layer her client’s dementia is a “progressive disease” that has gotten worse.

Daniel Boyer of the Utah attorney general’s office, argued that Menzies is competent to be executed because he can understand the connection between the crime committed and the punishment he is set to face.

Matt, Hunsuker, son of the woman Menzies murdered, aired the apprehension that if a new mental evaluation is conducted, there is a big chance the execution will no longer be carried out.

Menzies was convicted for the kidnaping and murder of Maurine Hunsaker, a gas station attendant, in Kearns, Utah IN 1986.

Menzies had just been released on bail when he committed the murder. Robbery was the initial motive behind the killilng.

The victim’s body was found two days after her abduction. Her throat was slit and her wrists covered with ligature marks, indicating she had been tied up.