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Show ee The Salt Lake Tribune NATION/WORLD Monday,June19, 2000 Detective’s Uncle Back in Spotlight as High Court Nears Miranda Ruling Debate over balance between police power, citizens’ rights continues dead-serious material for the high court — as well as for as Det. and derailed prosecutions of the requires authorities to advise sus- suspects and gathering evidence. BY PAUL-PRINGL E KNIGHTRIDDERNE! pects of their rights to stay mum and retain a lawyer. ERVICE Manylegal experts have pre- PHOENIX, Ariz. After all these years. Det. Dave Miranda figures he has earned the right to remainsilent abouthis late Uncle dicted the court will not overturn Miranda vs. Arizona, which evolved from En 's_confession-aided conviction in a 1963 Ernie. But rape and kidnapping. But civil libertarians say they can't help but the legacy of Ernesto Miranda. whose ‘shortlife of crime here gave nameto the landmark U.S. SupremeCourt hat lim- its police interrogations, back in feel anxious. To them, the Miranda review threatensto deliver another in a long series of blows to the bodyof lawcurbing police powers: Some say it comes when personalfree. the news. And so his nephewis talking about the family connection and the jokes he endures. A suspect will ask me, ‘Hey, going to read me your domsin general are losing ground to government and workplaceintrusions, in part because of the technologyexplosion. The forces pressing the attack on Miranda, led by the conserva- id Dave Miranda,a 19year veteranof the Phoenix Police Department. Hesettled into the chairofhis tiny squad-room cubicle and rolledhis eyes. “They're so tive Washington Legal Foundation, see things differently. They viewtheruling asa relic of a van- witty sometimes. quished liberal era during which Ernesto Miranda is once again the Supreme Court of ChiefJustice Earl Warren handcuffed the police Miranda and thepeople he arrests. Perhaps as soonas today, the court is expected to rule on a sweeping challenge of the 1966 decision that three of the flight attendants. “We need to create protections.” “T’ve never personally had a problem with the ruling. It’s just the way we do business now.” guilty. Miranda, 42, also finds fault with court restrictions on grilling Much of the law-enforcement lobby, however, says the courts have granted too manyprotections to crime suspects. In briefs submitted in the Dickerson case, Dave Miranda Detective and nephew to Ernesto Miranda But he says the namesake rule should be preserved because it groups such as the International Association of Chiefs of Police and the National Frate1 Police argue that technical Miranda violations should not sete “makes for better cops.” “You have to be morecreative conductsearches and seizures, to said. Ernesto Miranda won a new when you question someone,” he stop and question motorists, and to pore over personal telephone and banking records. trial because of the Supreme Court The court also has weakened decision but was convisted a second time. After being paroled from prison, he was stabbedto death in Miranda by permitting juries, in In the meantime, privacy advocates have decried the growing incidence of eourt-sanctioned, hightech snooping on the job and even in the home. Lower-court judges have given companies and the certain circumstances, to hear incriminating statements that sus- governmentwidelatitude to monitor and inspect employees’ e-mail a 1976 barfight. pects uttered before they wereinformed of their rights. Its latest and computer drives when wrongdoingis claimed. In a civil case this year involving chargesof an illegal sickout, a “Occasionally, I remember him whenI read the warning — just a look at Miranda grewout of a Vir- flash, no reason why,” said Miranda, the onlyrelative to become a police officer. “But I've never personally had a problem ginia bank robbery case known as don’t have to talk to the police,” firm download the contents of with theruling.It’s just the way we do business now.” In otherdecisions dating to the said flight attendants’ home PCs, retrieving data that the employees Dickersonvs. United States. “People don’t know that they authority of the Washington-based National Asso- compelled to overturned.” to [if] Miranda “We don’t think [that] will do away with Miranda,”said Tim Richardson, a legislative assistant for the fraternal order. “What it would do is establish a greater chance of admissibility of voluntary confessions.” Police departments have adopted a wait-and-see posture on the Mirandabattle. Airlines to have an accounting John Frank, 82, a Phoenix appellate attorney who had repre- sented Ernesto Mirandabefore the Supreme Court, told of being “deluged with calls”after the court announced it would have another go at the ruling.“It’s clear there is thoughthad beenerased. yers. “You will see more people who will talk when they are not gradually made the business of policing easier. It has broadened government’s Kemler evidence. federal judge allowed Northwest ciation of Criminal Defense Law- mid-'70s, the Supreme Court has the Lisa keep noncoerced confessions out of “Tt \was outrageous,” said Paul Levy, an attorney for the Public Citizen\ Litigation Group in Washington, which represented is great national concern aboutthis,” hesaid. Study Finds LawsFail to Curb College Drinking Closer TiesWith Cuba Back on Table THE SSOCIATED PRESS BOSTON — A high percentage ofcollege binge drinkers are white males under the legal drinking age. of 21 whofindcheaporfree alcoholat fraternity parties or local bars, according to a new studybythe drinking at least once in the past 30 days, and 42 perdrinks each time. In contrast, 74 percent of students 21 oroldersaid they hadbeen drinking in the past month, but only27 percent had five drinks or more. what you ‘re supposed to do in college, and theyfind tion Center for Alcohol and Other Drug Prevention, said harsh penalties are neededfor older people who provide young people with alcohol and the owners of T ays someone whowill buyfor you.” said C) FBI TAreall 18, of Westborough, who. ieee from highschoolthis yearandwill entercollege in the fall “And theré are bars I cangoto that would let me.” Thestudy, to be releasedtoday, found students who “We've got to face the reality whenit comesto Cuba,” said Sen- WASHINGTON — Senators wanted to know from the expert on international terrorism if any of the seven countries the United centof those who had been drinking hadatleastfive Harvard Schoolof Public Health. come to college expecting to nk,” said H ( “ole ge Alcohol Studies Priogram. * al Researchers found that underage students either have olderfriends buy for themorfrequentlocal bars npus parties wheretheycan buy beer's for as THE ASSOCIATED PRESS are over 21 tend to drink moreoften, but underage drinkers are morelikelyto binge. Sixty three percent of underage students had been it in China, places where we've had real hostility, we ought to be able to had improvedits record. The answer: Cuba. Forty-nine percent of white studentssaid they had State Department’s former participatedin binge drinking, while only16 percent of counterterrorism official, was not news to a small but growing band of lawmakers seeking to normalize port in Congress for dismantling US.barriers against Cuba. The push for closer ties with Cuba, however,runsright into the political reality of an election year One closure. A proposal senators plan to consider Tuesday would establish Lott, R-Miss., gives a “big thumbs down” to Dodd’s proposed com- a commission that would, among other things, evaluate whether the United States should continue to mission. “Basically, he doesn’t want to take any steps which tary threat to the United States? “I do not. I don’t know that I ever did,” he said. “The one thing positive about the whole Elian Gonzalezaffair is that the whole ofAmerica woke up to something — that our policy hasn't dislodged Castro,” Warner said. “Yet our whole relationship with the hemisphere here is affected by this war of words betweenthe United States and Cuba.” wouldlead to increasedtrade with a despotin Cuba like Fidel Castro,” said John Czwartacki, Lott view Cuba as a military threat. For supporters of the amend- spokesman. Dodd, D-Conn., recognizes the long odds. easily: No. Caste Violence Kills 34 People In Indian Village 2 Does he believe Cubais a mili- Houseare up for grabs. Senate Majority Leader Trent ment to a massive defense authorization bill, the answer comes Eight detour options. more than two years. in which Congress and the White trade and other relations with Cuba. 7 Oneofthe strongest supporters will vote against it — but only be- cause Sen. John Warner, R-Va., does not wantthe defense bill cluttered with more amendments. Warner, chairmanofthe Senate Armed Services Committee, has advocated such a commission for Gonzalez case into growing sup- top blackstudents and24 percent of Asian-American students had. ommendations to the next presidentin the spring of 2001. The amendments sponsor, Sen. ChristopherDodd, and others hope to translate new Americaninterest in Cuba generated by the Elian ing the four-decades-old trade embargo against the communist country 90 miles from Florida. But the response from Paul Bremer, chairmanof the National Commission on Terrorism and the and nearly 5,000 students over21 at 116 colleges around. the country. would examinethe military threat issue and a range of other U.S.Cubantopics and would makerec- do it in a country like Cuba,” Daschlesaid. That may have surprised those in Congress who insist on preserv- bars that regularly serve young drinkers. The study polled morethan7,000 students under21 kind of opposition it has,” Dodd said. The 12member commission D-S.D.“If we candoit in Vietnam, ifwe can doit in Korea,ifwe can do States accuses of exporting terror Helen Stubbs. spokeswomanfor the Higher Educa- “I'm stunned, in a way, that even this idea has provoked the ate Minority Leader Tom Daschle, fought a 2 's-hour gunbattle until the villagers ran out of ammunition. The militiamen then executed a young girl, seven boys, 19 women and seven old men, Police Superintendent M.V. Rao said. Eighteen others were woundedand were being treated Sunday at two govern- Goo HoRTH ment hospitals. Thequiet on Sundayin Miapur, @ Continued from A-1 a village of mud and thatch huts HoRTH TEMPLE represent the lower castes. Re- accessible onlyby foot, was broken by occasional wails from bereaved venge attacksare often tarried out 1-BOEASTBOUND| Fo 1-15 Wh pa OPENS MID-JULY a 4 women inside their homes. Men dressed in white — the Hindu color of mourning — performed the last ritualsfor the dead. Two heaps of smoldering ash were all that remained of the 34 against villagers, and scores die eachyear. The gunmen stormed Miapur village before dawn Saturday and Q a victims. Wisps of smoke rose from 43 L= ji Bo st AL SAVES UTAHNS we THOUSANDS Wee seuTH 3300 SouTH pyre. : ON HEARING Mourners said there wasn't enough wood to burnthe dead in- AIDS. dividually, so the corpses were Free Report educates you on what you need to knowbeforepurchasing hearing aids. Benefits hearin du Information on models, styles, pricing list & hearing loss. How to avoidpaying $6,000 for your hearingaids. To this free report mailed to youat nocost. Call Toll-Free 41006 souUTH the ashes, 15 hours after the victims were cremated. Bits of bones and body parts werevisible on the piled into two heaps: one for the 1-888-710-2537 Start at 86 10 Salt Lake Mausoleum, 363-7065 Ganges river. Police urged the federal government to send 400 soldiers to strengthen security in vulnerable areas, United Newsof India news agency quoted the state interior secretary, U.N. Panjiyar, as saying. Butfearful ofanother massacre, eesaid they wanted arms. CREMATIONS 24 Hr. Recorded Message. A Public Service Provided by jarris Hearing ‘The Associated Press men andonefor the women.Later, family memberscarried the bones and ashes ofthe deadin urnsto the is the solution?” said Soiheener Yadav, a 5l-year-oldfarmer. “If we are armed, we can protect ourselves. We can retaliate.” BI0O SOUTH o IT’S TRUE. The 2100 South Freeway (SR201) is closing for reco AMM Ct ht eee deel ele FRUITFUL BENEFITS. 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