This is an archived article that was published on sltrib.com in 2004, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
Killer Michael Munson does not claim the devil made him do it.
But his Satan worship should not have played a part in determining his punishment for a botched burglary that left his grandmother savagely beaten and her husband dead from multiple stab wounds, according to a motion Munson filed in court.
In a request for a new sentence, the Utah State Prison inmate claims 2nd District Judge Pamela Heffernan violated his right to freedom of religion when she handed down a term of life in prison with no possibility of parole.
"The trial court was informed that plaintiff worshiped Satan and that [Munson] considered God Satan and Satan God," wrote Munson, who is representing himself. "Such information presented to the trial court or jury has a negative effect on most people in society, thus, this is highly prejudicial."
Munson, 32, was the ringleader in the 1996 murder of Edward John Anderson, 67, and an assault on Wanda Lorraine Anderson, 72, in North Ogden.
Under a plea deal, Munson and Robert Austin, then 17, who was accused of stabbing the victims, pleaded guilty to aggravated murder, attempted aggravated murder and aggravated burglary. In return, prosecutors agreed not to seek the death penalty, and both defendants were sentenced to life. Robert's sister, Aletha Austin, then 16, pleaded guilty to conspiracy and served two years in jail.
The Utah Supreme Court upheld Munson's conviction in 1998, but he has continued to argue for a lighter sentence.
In papers filed in U.S. District Court, he insists devil worship should not be a factor calling for life behind bars. He also claims Heffernan already had a bias against him because she had sent him to jail in 1995 for helping vandalize more than 65 headstones at the Ogden City Cemetery.
His request for a new sentence had been languishing in federal court for more than four years when he renewed it in May. U.S. District Magistrate Sam Alba last week ordered the Utah Attorney General's Office to respond to Munson's request by Oct. 4.
A spokesman for the office declined comment until after the response is filed.