Show T ' J The Herald Journal Logan Utah Saturday July 13 2002 — A7 Utah & Tho West ji :VT Stiarftes fill dlesittlh peunaDtfy flaws DENVER (AP) — With orado taking a leading role i®j? 7m AP photo Under die hew Colorado legislation juries would have sole responsibility for deciding whether a killer should die Other states with laws that could come under question have begun considering action such as seeking a state high court ruling on the constitutionality of their laws Legal analysts and death penalty opponents believe states should take quick clew action to avoid a legal morass not only with inmates on death row but those whom Denver defense attorney Scott Robinson calls “the gappers” — inmates sentenced after die June 24 ruling but before any ' change in state law “I think the smarter states will do what Colorado is doing and return it to the juries” said Qiris Adams a death penalty specialist with the National Association of Criminal Defense Lawyers The US Supreme Court rul Col- some states have begun amending their death penalty laws to bring them in line with a US Supreme Court it is up to juries i decide whether a I live or die Colorado Gov Bill Owens was scheduled Friday to sign a revised law enacted during a special session that was called primarily to take up the issue Lawmakers in Arizona where the Supreme Court case originated plan a special session next month to take similar action Time after time when we’ve done what we are convinced is constitutional we find that a court says it isn’t What I want to make sure we have is a constitutional death penalty statute and I’m convinced that we have that at this point in tune” Owens said Thursday WINTHROP Wash (AP) — One yew after die Thirty Mile fire claimed the lives of four firefighters the US ForJay Rackehnann 6 of Fotoom Calif enjoys the splash from a cascade at the Folsom Aquatic Center Thursday afternoon est Service dedicated a memo- Scorching heat is testing California's powef reserves and raising rial to them in the dead-en- d West States concerns about more wildfires in the al ready-dr- y river canyon where they died throughout the region sizzled under record temperatures Etched stone portraits-oexpected to last through most of the week Tom Craven of Ellensburg and Devin Weaver Jessica Johnson and Karen FitzPatrick all of Yakima are framed by a rock wall while small bronze markers on a steep rockslope mark the spots where each body was found Bundles of fresh flowers and small personal SALT LAKE CITY (AP) — community’s entire water supmementos had been scattered An isolated Navajo communiply Manheimer said’ In June among the rocks their border when supplies were at ty on the Virginia Craven of Roslyn lowest die community tank is tunning out of spring water said she hopes the memorial had less than four minutes and relying for the first time remind will people that her worth of water to fight fires truck deliveries to on someone’s carefor son compaid Residents this Utah of water minimum of keep a bare with his life lessness it can isolated be so in community tanks munity “I’m hoping there is enough reached only from Arizona on The Navajo Mountain chapthat when people information 1 another road recall lO can’t a dirt in ter is the only one of time when they had so little the Navajo Nation forced to water from rely on hauling water chapter President Leo Manheimer said mountain springs Southeast Utah has suffered Friday LASVEGAS (AP) — The water shortage has been four years of a hard drought Nevada opened a new front in said Fred May Utah’s hazard developing for two years and its to block the federal attempt crisis this spring reached a from burying the little' is Manheimer when 10389-foo- t government making Navajo nation’s nuclear waste in the Mountain provided only a progress appealing for help state petitioning the Nuclear trickle of the usual flows for drilling deep wells or Commission on other from that have Regulatory installing pipelines longed supsprings for stricter sources natural the about of safety stanFriday wpter community plied dards at the Yucca Mountain 1300 “Everything right now is 'The little snow we got on " just talk from federal ageriv dump rite counties state cies “The Nuclew Regulatory last winter Mountain agencies Navajo and the Navajo nation itself" Commission has not asked the really set us back” Manhe said heimer said “We haven’t Department of Energy to He’s also seeking donations found a permanent solution demonstrate that the rcporito-rafter water bottled of The obstacle is is going to be safe” said qpe big t yet money like everything else” promised delivery evaporated Joseph Egan the Virginia- A Red Cross shipment of botThe community is relying based lawyer handling the tled wirier from Phoenix was on deliveries in a constant state’s challenges to the dump ' ' in Washington struggle to keep some water in on its way last month when it diverted to firefighters die The administrative appeal to got community water who contained Arizona’s ' tank The tank’s water level the Nuclew Regulatory Com e 469 has dropped to as low as two fire V feet but had six feet on Friday thanks to die deliveries Early oh the UJS Bureau of tank used Another Reclamation loaned a water truck but it wasn’t certified to for community schools had haul potable water and those about four feet of water in it 2450 North Main deliveries had to be scrapped A single fire could sap die f Navajos running out of fresh water Utah-Arizo- na 50-mi- le once-reliab- le ' y ? 21-fo- ot 000-acr- Even before the ruling Indiana changed its law to require judges to follow a jury’s recommendation The previous law gave judges authority to impose die death penalty even if die jury recommended ' againsth After the ruling Delaware late last month passed a bill that says a judge cannot sentence someone to die unless the jury unanimously decides the inmate is eligible for the death penalty The previous law allowed judges to impose the death penalty even if the jury found no grounds for such a sentence The high court ruling threw into doubt death sentences handed out to 168 killers in the five states Among them are three inmates in Colorado In all nine states there are 785 inmates on death row though not all would be affected go out camping in the woods they will be a little more careful and put out their campfires” die said “I hope something good comes of this so he didn’t die in vain” The 10000-acr- e Thirty Mile fire was started by an aban- -' doned campfire used to cook hot dogs new the Chewuch River drainage in die Okanogan National Forest On July 10 2001 the fire exploded trapping 14 Forest Service firefighters and two campersin the narrow canyon Craven Weaver Johnson and FitzPatrick died in their emergency fire shelters from breathing superheated air Another firefighter was seriously burned when he ran from the rock slope toa Forest Service van A subsequent Forest Service investigation showed that the AP photo of fallen Forest Sendee firefighter Karen FitzPatrick prepares to photograph fee memorial John FitzPatrick father newty-comptet- ed to his daughter and three other firefighters Wednesday near Winferop yVashThe four were killed at fee site July 102001 while battling the Thirty Mile fire The memorial includes photographs of the four and a piair of bronze plaques honoring them The Forest Sendee dedicated the memorial Thursday deaths had been preventable and that fire bosses broke every baric rule of firefighting safety and ignored most of the warning signs of danger An Nevada: Fix nuclear safety standards : : laws are constitutional in light of the ruling Arizona Colorado Idaho Montana and Nebraska where judges alone decide whether to impose the death penalty Montana and Nebraska plan to consider changes to their laws next yew Nebraska Attorney General Don Stenberg has told prosecutors to ask jurors to decide whether die crime merits the death penalty then the judge could sentence a defendant based on the jury’s findings Idaho has taken no direct action but a prosecutor reached a plea bargain in a murder case this week in part because of uncertainty over die law Hie ruling could also ultimately affect Florida Alabama Indiana and Delaware where sentences tunes rpcoipw-flbut judges have the final say Executions in Alabama and Florida are on hold while those states’ high courts consider whether their death penalty Monument to 4 fallen firefighters dedicated 4 Liquid refreshment ing directly affected laws in The Nuclew Regulatory Commission must still license ' the Yucca Mountain facility 90 miles northwest of Las Vegas The rite is being designed to accept highly radioactive waste from 103 nuclear power plants and more than 30 military and industrial rites in 39 states beginning as early as 2010 mission comes three days after Congress gave final legislative approval to President Bush’s selection of Yucca Mountain as the site to entomb the nation’s spent : nuclear fuel Having lost on Capitol Hill Nevada officials vowed to turn to the courts and rcgula- tory agencies to try to kill the program “We’re saying they shouldn’t be allowed to go forward imtil this is resolved” said Marta Adams the senior make a decision A spokesman for the Energy Department did not immedi-- " ately respond to requests for comment In the latest filing the state ' argues that the Energy Department found during 20 years of study that Yucca Mountain could not meet Congress’ 1982 requirement that the natural rock be able to keep the Spokeswoman Rosetta Vir-gildeclined comment on Nevada’s petition which she said will be reviewed before ' the commission makes a decision about accepting it She did not know when a decision would be made Virgilio said the Energy Department plans to submit an io ' deputy state attorney general coordinating the five federal lawsuits against the project that Nevada has pending in Washington and Las Vegas application in December 2004 for a license to operate Yucca 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