OCR Text |
Show DAILY Wednesday, September 7, 2005 HERALD EDITORIAL EDITORIAL BOARD DailydsHerald ‘ Albert J. Manzi, President & Publisher Randy Wright, Executive Editor Donald W.Meyers, Editorial page editor Ken Baldridge, Public adviser Barbara Curtis, Public adviser IN OUR VIEW Verdict shows system works arly in the rape trial of former BYUfootball players B.J. Mathis and Ibrahim Rashada, there was talk of mov‘ovo. ing the case out of Greg Skordas,oneof theat- torneys representing Mathis and Rashada, wondered whether extensivepre-trial publicity would makeit impossible for the former athletes to get a fair trial on rape charges here. There wasalso the suspicion that two black men charged with raping a white woman (a scenario that fuels oneof the worst racial stereotypes in Americanhistory) maynotget an impartial jury in mostlywhite, mostly LDS Utah County. But Friday's verdict was a sign that those concerns were unwarranted. While the acquittals of Mathis and Rashada weredisappointing to some, theyillustrate that the system works. Jurors interviewed after the trial said it came down to a ques- tion of reasonable doubt. Thestate failed to present a.strong enough case to provethat what happened in that apartment wasrape and not consensualsexualactivity. “The gutfeeling was guilty, ror Joseph Watsonsaid. “Theevidencedidn’t support that. ... You can’t go byyour heart. You have to go bywhat'sin front of you,” Whilethetrial demonstrated that Mathis and Rashada most certainlyviolated BYU's Honor Code andcould not be considered gentlemenin eventhe loosest sense of the word, the prosecution failed to show conclusively that the alleged victim was nota willing participant. She may not have consented from the beginning, or may have-initially gone along and changed her mind at somepoint. Whateveractually happened, no one but those present can know. Forthe jury, however, the legal standard for rape wasnot met. Andthat’s exactly the way our system is supposed to work. Whenthestate brings criminal charges against someone, the defendant maybe atrisk of losing his livelihood,his family or his liberty for a long period of time. In extremecases, a defendant can losehis life. Andthat is whyour judicial system placesthe burden of proof on the prosecutionin a criminal case. Since the state wieldslifeand-death power, it must be able to convince a jury beyond reason- able doubtthat a crime had been committed andthe accusedis the one whodidit. The defense merely has to sow seeds of doubt with jurors, pointing out the logical lapses in the prosecution's argument, highlighting incongruities in testimonies and questioningthecredibility of witnesses. To an armchair quarterback, it may seem to be a system that coddles criminals. But if such a critic were ever sitting in the defendant's chair in a courtroom, he'd be gratefulfor the rules. Thesystemisn’t perfect. There arestill innocent people who go to prison andguilty ones who are acquitted. But on balance, it’s pretty darned good. GOP’s dominance in Utah dangerousto LDS Church The false perception that the GOPis a theocracy will do moreto harm faith/religion thantohelp it. A theocracy eliminates a democracy. We'll have a theocracy only when the Lord returns. In Utah, any otherpolitical party . has becomeso deinonized that apathy MEDIA VOICES Give Roberts rigorus scrutiny tor chiefjustice position Fromthe MiamiHerald, Sept. 6, 2005 he revised nomination of Judge John Robertsto the SupremeCourt, this time as chiefjustice, strengthens the case for a thoughtful, deliberative but rigorous confirmation process. In the seven weekssince President Bush nominated Judge Roberts, initially to replace Sandra Day O'Connor, the picture that has emergedis generally positive. He is an affable, erudite and exceptionallyable lawyer with broad experiencein constitutionallaw. He is a conservative, but no extremist. Judge Roberts, who earned a well-qualified rating from the AmericanBarAssociation,ap- pearsto have the makingsof a strong SupremeCourtjustice. In material showsthathis views were very muchin harmonywith only — opportunityto ponder his andeventually must be decided bythe nation’s highest court The onlytrue "litmus test” will be Judge Roberts's willingnessto supplyclear and honest answers tolegitimate questions abouthis Judicial philosophyand his opin- ions onissues ranging from abortion to federalism toprivacy. Mostof what we knowabout Judge Roberts comes from thousandsofpagesof letters and memorandathat he wrote as a young lawyerin the Reagan White House. As a whole,this thereforetoo few question whatit does. A new“gayrights”state senator was installed this year because the Demo- cratic party was so demonized that a mi- tax-exemption underIRS Code section that would disqualify him for a role on the Supreme Court Among otherthings, he ques- tioned theright to abortion — in fact, the entire notion of a right to privacy — and wasskepticalof the idea that thereis “a fundamen- such ashis views on federalism andindividual rights, These are legitimate areas of inquiry. Senators must ask the questions, and he has a responsibility to reply. by releasing memosthat he wrote whenheserved in the Department of Justice in the administration of George H.W. Bush. Inevitably, there will be some sparring with Democrats onthe committee, whofind themselves inapoliticallytrickyposition. The Democrats risk appearing overly partisanandtoo eager to disparage a respectable nominee. It will be difficult for Democrats to portray him as an extremistin viewof the fact that only three membersof their party cast votes against him in his 2003 confirmation hearing for an appellate position. But considering thatthis is a lifetime appointmentof a candidate with a short record on the bench,it’s fair to ask probing questions to determineif Judge Roberts possesses the temperamentand suitability to lead the Supreme Court. He must not be made to appearas something he is not, but neither should he get a free pass. 1 overtaxed. Vote noonthis tax increase on the Novemberballot. » Bob Wright, empirical study proves the loss of their 501 (c)(3)? Tyingreligion to one’spolitical party, peoplewill become disenchanted with religion whentheir politics crumbles. Thepolitical parties are what we, the people, makeof them. » Joseph Brierley, Utah County Democratic Party tal right to be free from discrimination.” There are manyother areasthat could spell trouble, helpto fill in the sketchy picture views onall those issuesthat roil the socialandpolitical landscape primary was dismalat best. Too many obviously think that any of the GOP’s decisions comewith deity’s blessing and though thereis no smoking gun The materialis revealing, al- The Bush administration could burdern on Congresstoask tough questions. These hearings will give the Americanpublic the best — and not the residents. The turnout in last year’s Republican than 20 years ago,just a few years after Roberts earnedhis degree from Harvard Law School. a replacementfor Chief Justice William Rehnquist becauseliberal Judge Roberts's record to suggest that they would have any success. At the sametime, elevating the nomination places an even deeper supreme.A political caucus determined our new Utah County Commissioner, nority-seized caucus was left to vote him in when an “LDSvalues” Democratic senatorretired. With so manyofthe clergy ignoring their subculture’s promotion of partisan politics, how long will it be before an the president that he served. But much ofthis was written more a way, he was a safe choice as activists who wanted to thwart the nomination have foundlittle in and one-party rule, shamefully, reigns Treasurer Spanish Fork Better uses for tax dollars than SCERA arts center A majorportion ofourcity taxes already pays for two portions of the proposed recreation arts and parksballot issue. Wehave numerous public parks aroundthe city; a large recreation center, sporting events andbicycle paths. Thecity has spentmillions of dollars to purchaselandfor a golf course for less than 2 percentof the population who are golfers. A similar percentageofresidents attend cultural arts productions. This leaves a major purposeforthis tax increaseis for culturalarts. Last year the SCERA Theater Board commissioned an architectural drawing for a worldclasscultural arts center. SCERAis proposingto partner with Orem to bond for money to purchase property andconstruct the culturalarts. center. I donot believe a tax increase to build a culturalarts center for SCERAis a critical necessity, or a purpose for public taxation. Wearealready taxed for a UTA bus service, and thereis a likely additional tax increase coming for a commuterrail system, which would be a morecritical need, Low-incomeresidents and senior citizenson fixed incomesare already Orem Mutationhas rightful pacein debateoverorigin of lif DuaneJeffrey lays out the case for evolution with the directness andincontestability of a strict mother's final word, His faith in the creative powerof random mutations, once somehowset on their way,is as touching as a loving mother’s smile for her helpless newborn child. Everything onJeffrey's helpless, aimless earth has been blindly mothered along toward purposeful functionality Graduality is his god andit eventually gets things more than half-wayright hitting more than missing in itsinsistently synchronous way. Prey must evolvein step with predators or good-bye food. Go figure the probability of such astoundingly complex intermixed relationships happening by random, unguided chance, Duane. The Genesis story — of debatableallegorical value — should be banished from. discussions ofintelligent design. Mutations area reality. Whocandivine the workingsof the divine? DNA and mutations need not be excluded from them. » Wendell H. Hall, Wallsburg Flag too important to abuse just to make a statement It is sad to me that we even have to address the issueofflag desecration. Howeverit seems that we are addressing manyissues today that we never have had to address in our history. I believe how wehandle these issues will decide whether wewill remain a great nation or whether wewill fall. I think we need to decide as Ameri- cans whatthe flag represents. For me it does not represent anypolitical ideol- ogy,the president's decisions, whether weare at war, a controversial bill before the Legislature or whateverelse might be happening in our country. The flag represents freedom, liberty, democracy and the United States of America. If people wishto speak out against something thatis going onin our country they don’t agree with, let them. However,I believe wecrossa line when we desecrate the flag in order to voice that SET The flag is, and ought to be, a sacred symbolbeyondthe reach of those who wishto gain attentionin order to have their voice heard. Should there not be something werespect, love and cherish as a country that we hold abovepersonal opinion? » Michelle Roberts, Provo | Howtocomment | E-mailletters to dhletters@heraldextra.com | Mailto P.O. Box 717, | Fax to 344-2985 Provo, UT 84603. » Letters must include the author's full name, address and daytime phone number. » Weprefershorterletters, 100 and 200 words. Letters | | | maybe edited for length. » Writers are encouraged to include their occupation and | other personal information. | » Because of the volume of letters, | we cannot acknowledge unpublished letters. i D Letters becomethe property | of the Daily Herald. I | MALLARDFILLMORE- BruceTinsley |