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Show TheSalt Lake Tribune NATION Prisoner Can’t Mail Sperm Divided court denies request : by inmate to impregnate wife BY DAV1D KRAV ETS THEASSOCIATED PRESS SAN FRANCISCO — A California inmate has “The law, as well as commonsense, recognizes that individuals who commit serious crimesforfeit manyrights that law-abiding citizens enjoy.” no right to mail his sperm from prison to im. pregnatehis wife, a divided federal appeals court inmateWilliam Gerber’s plansto ship his sperm to his wife in Southern California. “A holding thatthe state of California must accommodate Gerber’s requesttoartificially in- ; seminate his wife as a matter of constitutional right would be a radical and unprecedented interpretation of the Constitution,” Judge Barry Silverman wrote. Gerber’s effort to impregnate his wife got national attention last year when a three-judge panelofthe court said Gerberhada rightto mail his sperm to his 46-year-old wife, Evelyn. The U.S. Supreme Court has said prisoners have a right to marry andbe free from forced sterilization. But neither the high court nor any lower court has resolved circumstances presented in Gerber’s case, which reached the courts whenthe California Departmentof Corrections balked at Gerber’s proposal. “Theclose 6-5 decision is obviously verydisappointing to the Gerbers, and disturbing to anyonetroubled by a governmentthat can dictate who mayor maynot have children,” said the Gerbers’ attorney, Teresa Zuber. Evelyn Gerber declined to comment. A2l SPRING SPECIA FREE * Free Caller 1.D. * Free Paging Long Distance & °FVee * Call Waiting/Call hold Digital Roaming ° tre WayCalling BILL LOCKYER California attomey general ruled Thursday. The 9th U.S. Circuit Court of Appeals, in reversing its September decision, said inmates have no constitutional right to procreate. Ruling 6-5, the San Francisco-based court put a halt to Friday, May 24, 2002 ESr $19% commit serious crimesforfeit many rights that law-abidingcitizens enjo: Judge Alex Kozinski, writing a dissenting opinion, said the process Gerber requested wouldn't compromisesecurity or place a strain Rae ean et Be ed 500 Whenever Min. PO ACCcoot me SACoeeg Lime id a on prison resources. He added that the ruling DeLee aay ~ MotorolaT-193 — could encourage the curtailment of prisoners’ rights. In a similar case earlier this year, a federal judge in Pennsylvania ruled that a convicted Reg.'99" or FREE cosT NewYork mobster’s wife couldn't use her husband’s sperm to get pregnant because she had brokenthe lawbybribing a guard to smuggle the sperm out of prison. In Gerber’s case, he would have been able to tryto father a child if he was not servinga life term. For three decades, California inmates with good prison records have been granted almost —— Wirelessetc unsupervised overnight visits in prison cottages. Prisoner rights groups say conjugal visits foster good prison behavior. But in 1995, California banned conjugal visits for prisoners convicted of sex crimes, crimes The state's attorney general, Bill Lockyer, carryinglife sentences or violent crimes against family members or minors. Gerber, convicted of illegally discharging a firearm and making ter- applauded the ruling. “The law, as well as common sense, recognizes that individuals who rorist threats, was sentenced to life under California’s three strikes law. LAYTON BOUNTEDL We Suey PEALE SE AORDAN DOSNTOWN FOOTE ‘Troll ones pit?East 10449 South ae eee Sane Redwood Road —(eas! side of mai) 775-0350 295-5656 967-0264 567.0887 253-8850 363-3780 484-2202 * Some restrictions and limitations apply, See store for details. VoiceStream is a registered trademark Voice Stream Wireless Corporation MayorRallies Support To Keep L.A. Whole paign over Los Angeles’ future, Mayor James Hahn and other civic leaders grappled Thursdaywith the kindofeffort they will wage to defeat secession by the San Fernando Valley —and they emerged pledging a positive, forceful effort aided by substantial contributions. Their strategy for keeping Los Angeles whole comes after inf by city leaders that has been too passive and too negative in his response to * secession, responding to it with outside City Hall. “We're also going to talk about the harm secession will do to every communityin our city.” Hahn saidhewill organize a broad coalition of citizens to educate voters about the ramifications of breaking apart Los Angeles. Andforthefirst time, he ruled out the possibility of the city suing to stop the measure from goingto theballot. “I don’t intend to sue,” Hahn said. “What we wantis for people to have an opportunity to vote on this. We can win this battleat the polls.” The mobilization of Hahn’s a combination of modest ser- L.A. United campaign cheered somecity leaders whofelt he vice improvements and dire had been too slow in address- : predictions of what would result ifthat area broke away. But * with the matter nowheaded for the Nov. 5 city ballot, Hahn has been joined by an expanded leadership team, some ofwhom are urging that the campaign emphasize Los Angeles’ virtues. In addition to Hahn, prominent secession opponents who say theywill campaign against ing the secession movements in the Valley, Hollywood and harborarea. “The campaign is nowgetting under way,” said City Councilman Jack Weiss. “I see it turning an important corner.” In addition to recruiting new faces and stepping up the pace of the anti-secession ef- fort, someleaders of that camp the measure include former have urged that the campaign take on a more positive cast, mayor Richard Riordan, formerstate Assembly Speaker Antonio Villaraigosa and secession advocates might pro- former U.S. Secretary of State Warren Christopher. Villaraigosa lost to Hahn in last year’s mayoral campaign; two other worried that denunciations of voke a backlash. The mayor has called breaking up Los Angeles “hare-brained” and argued candidates from that race, de- thatcreating a separatecity in the San FernandoValley would veloper Steve Soboroff and U.S. Rep. Xavier Becerra, said they too will participate in the effort also has warned that a new city would face higher taxes and to defeat secession. Riordan — whooften disagreed with Hahn when the former was mayor and who backed Hahn’s opponentin last year’s mayoral campaign — joined with Hahn on Thursday to announce their combined campaign to hold the city together. “We will work together in be a “financial disaster.” He reduced services, and be more vulnerable to crime and terrorism. Secession advocates have jumped on Hahn's comments, calling them “scare tactics.” On Thursday, Democratic State Sen. Richard Alarcon said Hahn's statements have reinforced the determination their own way. conference campaign consultant. Riordan The BALANCE ‘THE ASSOCIATED PRESS mentbuilding hallway is seeking a newtrial. Lawyers for Marjorie Knol- ler argued in papers filed Thursdaythat her conviction should be dropped because the judge improperlyallowed pros- ecutors to associate Knoller with a white supremacist tary January 2001 death of college and dietary'fat The L.A. United campaign committee has raised about $2.5 million in pledges so far, half of its goal, according to a EYNWN@es Dog Attack Defendant Seeks New Trial SAN FRANCISCO — The woman convicted of seconddegree murderafter the huge dogs under her care mauled a neighborto death in an apart- s. protein for energy that lasts of some secessionists to go every community, in every neighborhood to speak about this city, to speak about what's great in Los Angeles,” Hahn said during a morning news with isinnad Faced ReeUkeea THE LOS ANGELES TIMES LOS ANGELES — now with a five-month cam- Caw i) lacrosse coach Diane Whipple. A jury in March convicted Knoller. Her husband, Robert Noel, was convicted of involapartment. Prosecutors said they are confident the motion will be dismissed. “That's the final bottom line — was this a fair trial?” prosecutor Jim Hammer said “There's no question in our mind that this was a fair trial.” A hearing is scheduled for June 7, the same day Knoller and Noel are to be sentenced. Knoller, 46, faces 15 years to life in prison on the murder conviction. Noel, 60, faces up to 4 years. BALAN! BALANCECOM BN ae Bs F A 5 4 Fe) Fr ES =3 4 re} 2 z = 2 = 3 & =Fa re] 5 4 4 & #= a=) e Ey} z= a a ws = = fe)= 3 Ssz |