| Show ah t gait £akc atibxnu Saturday Morning— August Section 29 1987 Page 10 A Even Selby’s Deserved Penalty Doesn’t Put Debate to Rest Pierre Dale Selby’s execution Friday morning ended what many Utahns feared would be an interminable journey through the American justice system's appeals process It may finally permit victims of his gruesome crimes to get on with their lives Meanwhile as should be expected the disquieting event revived public debate over the death penalty Despite opinion polls and macabre "celebrations” demonstrating strong public support for Selby’s death the actual execution undoubtedly caused most Utahns considerable discomfort It had been 10 years since the state last carried out the death penalty and then it was with the convicted killer’s cooperation Pierre Dale Selby on the other hand pleaded for clemency certain that his own death would serve no useful purpose Despite the unacceptable cruelty of his crimes the black man was portrayed as a victim himself the product of a torturous childhood who had changed substantially since he savagely attacked five Utahns killing three of them 13 years ago Selby received his final punishment with calm resignation apparently calling on God’s forgiveness and acceptance If he had refused to express remorse and defiantly ed his life his execution might have been easier to carry out It cannot be said however that Utah failed to exercise its powers of justice in this specific case responsibly and with dignity Neither can Utah residents be unduly criticized for favoring Selby’s execution As with any other murders the accused was convicted by a jury of his peers He was then allowed to appeal his conviction and penalty to the highest court in the country — several times Selby’s enemy was neither the legal system nor society but his own deeds at Ogden’s Hi-Shop on April 22 1974 Anyone else including his accomplice William Andrews who commits such inhumane atrocities under prevailing law should expect no less than death in return In the last few hours of Selby’s life his attorneys tried to convince state and federal courts their client’s due- Fi process rights were violated by a flawed commutation hearing They blamed both the procedures of the Board of Pardons and prejudicial comments by the governor With ample justification US District Judge David Sam rejected those claims and each appellate court including the US Supreme Court reso-call- ed fused to overrule Judge Sam’s assessment Selby’s due process rights were well recognized and protected during the inordinately long interval between his conviction and execution As an agency of Utah’s executive branch the pardons board is not subject to the same rules as the judicial branch Even so that board made an impressive effort to ensure fair treatment of Selby They gave the prosecution and defense equal time and leeway in presenting their positions as well as studied volumes of facts in order to counteract emotionalism The governor did oppose commutation and public sentiment was cited as one strike against it But those opinions should be expected in a state and nation where death remains a legally accepted penalty for particularly heinous crimes in an instance where torture was so apparent the appeals process so protracted Few cases cry out so clearly for such a conclusion As vigils and debate surrounding the Environmental Protection Agency that 62 American cities violated the federal ozone pollution standard for the years 1984-8- 6 and 65 violated the carbon monoxide limit during the period The good news: No Utah city was among the "top 10” metropolitan areas on the EPA’s ozone pollution violators list ranked The bad news: Provo-Orefifth among the agency’s 10 worst generators of carbon monoxide The EPA reports Los Angeles the perennial ozone pollution leader is in no danger of losing that dubious distinction The ozone limit of 012 parts per million was exceeded there almost by a factor of three to 035 parts per million on an average of 154 days each year in 1984-8- 6 But the California city slipped to second place in the carbon monoxide category It was edged out by Denver While wire service accounts didn’t provide details about Utah communities other than to list the Provo-Orem m By Stephen D Wrage Los Angeles Times Service commander Bernard Rogers spoke for many of them when he protested at his farewell news conference “Somebody ought to stand up out there and say to NATO ‘Time out damn it!’ When the future of Western Europe is at stake I don't know why it so to rush into this other than necessary the fact that certain administrations are going out of existence" The Europeans are talking and for the most part they are dealing the Americans out of the discussion The dialogue is fascinating and is little reported in the United States It should be news when former Chancellor Helmut Schmidt proposes that West Germany effectively put its troops into the hands of France "Now is the time" Schmidt flexible-re- said "to replace the Europeans are beginning to perceive that Americans are unwilling and dissatisfied as never before with the burden of defending Western Europe and comments from the Continent are taking on a new tone Significantly the debate is going on for the most part within Europe and strangely we in America seem set on ignoring it Some strong signals have crossed the Atlantic from the United States and the Europeans are not obtuse The Europeans know that we are running huge trade deficits with them and that we have run several billion dollars into debt to them to finance our budget deficits They heard former national security adviser Zbigniew Brzezinski’s calls to relocate American troops from Europe to the Middle East and they watched Senate Armed Services Committee Chairman Sam Nunn a sponsor a measure to recall 90000 troops from Europe and saw it fail to pass the Senate by votes They are aware that only a many Americans doubt a strategy that leans on the first use of nuclear weapons to cover for inadequate conventional strength and they share those doubts themselves Most of all they see the hunger of the Reagan administration for an arms-contragreement that would remove tactical nuclear weapons from Europe They were startled at the rapidity with which President Reagan and Soviet leader Mikhail S Gorbachev came to terms at their meeting in Reykjavik last October and they feel pushed into a deal that was made over their heads They know that there is no time to meet their concerns in the rush to an autumn summit meeting and that the summit must take place this fall if there is to be a ratification from the Senate before the next election The American who is the most in touch with the Europeans’ strategic concerns outgoing North Atlantic Treaty Organization Stephen D Wrage Is an adjunct professor of International relations at Georgetown University's School of Foreign Service sponse strategy with a new approach — for example by massing sufficient conventional forces through the integration of German French and Benelux troops under a unified French command" We in America should cock an ear when a s former French prime minister Laurent in turn the that France proposes spread small nuclear umbrella of its force de frappe to cover West Germany Together these measures would if ever implemented make the American troops the American command structure and the American nuclear presence redundant and dispensable French President Francois Mitterrand and German Chancellor Helmut Kohl have already gone at least as far as announcing the creation of a "Franco-Germa- n Brigade” under joint command Nor are these the only proposals afoot There exists an array of unilateral proposals (such was the official line of Britain's Labor Party in the recent election) but there are also serious and half-doze- n Fa-biu- nuclear-disarmame- nt West Gerresponsible voices particularly in of discarding altoare that speaking many and misgether a strategy based on tanks "defense in siles in favor of a militia-style depth" All this ferment raises the most disruptive geopolitical and strategic issues Our actions set off the debate yet now we are ignoring it To the Reagan administration Europeans’ concerns are inconvenient obstacles in the drive toward an agreement with the Soviets Reagan's advisers calculate that any agreement no matter what its consequences trifor NATO would be a foreign-polica debaumph that would put the cle behind them and help them ftmsh strong When Rogers made his complaint Secretary of State George P Shultz at once silenced him calling the general's concerns "ridiculous” To the Democrats calling attention to Europe’s concerns is unthinkable since it would be depicted by their opponents as raisobjections to an agreement ing that would do away with two entire classes of nuclear weapons To the arms-contruncommunity European voices only raise wanted complications — it won't let distant issues in Europe throw a monkey wrench into the first chance for an arms treaty in eight years So we all sit tight and try not to notice the debate among our closest most crucial partners We may be witnessing the early stages of a great reshaping of European-America- n cooperation a project that has defined the West since World War II We exclude ourselves from the debate and never suspect that we are ourselves being excluded We fail to see what Europeans see clearly — that trade and budget deficits and a faltering administration require certain strategic contractions at least in the short term and probably even more so over the long term They see the writing on the wall and they are responding to it For our part it is no good trying not to notice y Iran-Contr- g Selby’s execution showed many Utahns still feel uncomfortable about a penalty that cannot be reversed If that feeling grows — Friday’s sobering experience may contribute to such a change — the state could further restrict the death penalty’s already controlled and minimal use It's unlikely the US Supreme Court with its conservative bent would intervene within the foreseeable future Administering the death penalty is a formidable responsibility requiring wisdom care and sensitivity Given circumstances of the crime and the laws now in force the state and judicial system performed well in the prosecution and final punishment of Pierre Dale Selby Utahns as a whole needn’t hang their heads in shame over the outcome Can Be Done It was a sort of good news-ba- d news situation the announcement by Europe Is Changing View of US area among the 10 worst areas for carbon monoxide pollution the EPA’s report is in sharp contrast with the situation in Utah a few years ago Then the Provo-OreSalt Lake City and Davis County areas were all listed by the EPA as among the worst areas” in the counin essence that meant That try those in the areas was a air breathing risky enterprise Now Utah gets excessively bad marks from the EPA in but a single area in a single category Utahns can take justifiable pride in that sort of improvement While the EPA report also demonstrates that the menace of polluted air can be diminished if not eliminated completely with persistence dedication and innovation Utah still has a ways to go Ozone remains a problem in Salt Lake City where three to seven violations have been reported in the past three years Progress has been made but success remains elusive and the EPA’s deadline for compliance is Dec 31 Time has become of the essence m “non-attainme- nt One Enchanted Interview With Hart Chicago Tribune Service Gary Hart's former campaign director insists that Hart will soon leap back into the presidential race The former aide William Dixon says that while Hart knows he can’t win he will run to bring forth significant issues that other candidates shy away from I think that's a fine idea There are many significant matters that candidates hesitate to discuss frankly for fear of losing a few votes But as a Hart could speak his mind And I can imagine what the stimulating dialogue will be like when he makes his first appearance on one of the Sunday morning news shows such as "Face the Universe” "Our guest today is former Sen Gary Hart who withdrew from the Democratic race earlier this year but has recently returned as a candidate Our first question will be asked by Jack Keyhole from the Washington Post Jack?” “Senator Hart you are in your early 50s I believe that millions of American males who are in the same age bracket would like to know if you take vitamin pills And if so what kind and in what noncandi-date-candida- te quantities” "Jack it has been my policy to take a standard multivitamin in the I in a never been have believer morning megavitamin doses although I do not rule that out as a possible option should the need arise" “I'll be darned Well then what are your views on ginseng the Korean root which is said to have certain well certain powers of stimulation? My wife has been urging me to try it” only “I believe it is a matter of personal choice and one's anatomy I prefer briefs But I don’t believe that they are appropriate for everyone For example Sen Paul Simon would probably feel more comfortable in jockey shorts” "A follow-uquestion sir if I may Are you talking about bikini briefs and if so what color?" "Modified bikini the Jim Palmer brand and in muted colors Nothing iridescent That wouldn’t be presidential" “The next question is from commentator George Won't George? "Senator I would like to know if you believe as Rodgers and Hammerstein wrote in their immortal ‘South Pacific’ that there is potential for a meaningful relationship in seeing a stranger across a crowded room and becoming aware that you will see this individual again and again? In other words sir is there such a thing as one enchanted evening?" "Yes I believe that with resolve and a clear approach to one’s goals that from a crowded room and a stranger there can evolve an enchanted evening Or even several enchanted evenings if you are p “Yes I do believe that ginseng can have invigoratory value and I have used it as a dietary supplement” “The next question is from Bill Transom of The Wall Street Journal Bill?” “Senator throughout history candlelight and wine have been a recommended prelude to significant events but there are experts who argue that wine or any alcoholic beverage can have debilitating effects especially on men in their middle years causing drowsiness at crucial moments in these events Would you comment on that?” “Yes I am an advocate of both candlelight and wine but with certain limitations One or two glasses at the most although you might allow or even encourage the person with whom you are engaged in what we might call sensitive negotiations to indulge in a bit more so long as this person is not rendered incapable of bringing the matter under consideration to a satisfactory conclusion" “We now move on to Ronald Lewd of the New York Post Ronald?” “Senator it's been said that there are basically two kinds of male Americans — those who wear the traditional jockey shorts and those who wear the more contemporary tight briefs What is your choice and why?” prudent” “Our final question is from Velma Prude of the Christian Science Monitor Velma?" “Senator other than bringing these issues before the voters did you have any other motive for this cam- paign" “Yes Velma It was the only way I could get out of the house" "Thank you Senator" "Thank you Velma And do you have any dinner plans?” Constitutional Convention for Balanced Budget Is the ‘American Way’ Universal Press Syndicate People for the American Way is an organization that specializes in trying to scare Americans to death about every threat except that from the communists Its current concern is that Mr Reagan's call for a constitutional amendment to limit spending will be heeded by the two marginal states now needed The score for those who have forgotten is 32 out of the necessary 34 The complaint of the left lobby and of a few others is roughly speaking as follows If a constitutional convention is called even though its franchise was merely to propose an amendment to limit federal spending there is nothing to keep it from doing anything it likes They will tell you about the constitutional convention that went to Philathe Articles of Confederdelphia to fine-tun- e ation and ended by giving us a brand-neConstitution If you crank up such a convention its enemies are saying you will end with a Constitution that says such things as no American may have black skin This of the proposed convention is I simply a political tool to discourage its enactment But along comes Professor Forrest McDonald The gentleman is a renowned and a highly decorated constitutional scholar Last year he delivered the Jefferson Lecture the prestigious award given by the National Endowment for the Humanities and is the author of "Novus Ordo Seclorum: The Intellectual Origins of the Constitution" Professor McDonald is quoted as saying 1) Indeed there is the hypothetical possibility that a constitutional convention might go on to take other stands than the one that was the cause of its creation 2) Congress however could ordain an agenda for the convention and that agenda could limit the subjects under discussion And 3) he himself (Professor McDonald) personally favors a constitutional limitation on spending on the grounds that otherwise fiscal prudence is not going to happen Everyone recalls (or is quickly reminded) that the probability is that just before the final vote of the final state animating such a convention Congress would This happened in 1912 when there was a popular outcry in favor of the popular election of 32 of the senators Thirty-on- e states called for a convention whereupon the Senate passed the 17th Amendment But it has been made plain to us that Congress will resist up until the last minute and it is Mr Reagan's hope that that last minute is upon us The balanced-budge- t amendment passed the Senate early in Mr Reagan’s term but Tip O'Neill prevented it from going to a vote in the House What makes the proposal distinctive is that we are coming close to a national election and it is pre-em- pt the natural moment for senators and conand for gressmen running for those opposing them to take a stand on the amendment They may discover given the popularity of the proposal that any failure to back it will cost votes and to this threat congressmen are notoriously sensitive It would be interesting to hear from Professor McDonald whether Congress could both limit the agenda to the general subject being explored and yet leave open the question of alternative approaches to the same problem Some who object to the amendment for instance the distinguished Mr James Jackson Kilpatrick do so on the grounds of its unenforceability and he has a point It simply is not easy to know what tax revenues will be when you set out to vote for this or that federal handout A safer and more sophisticated amendment would read something like this "Congress may not spend more money in any one year than 20 percent of the gross national product as measured two years earlier This amend- $ ment may be overridden by a vote of cent of both houses ” 75 per- The advantage here should appeal both to the left and the right There are responsible liberals who believe that one of the principal weaknesses of the proposed amendment is the impossibility of implementing it And there are some conservatives who point out that it would be perfectly constitutional under the proposed amendment to raise taxes to 95 percent Milton Friedman has frequently pointed out that what matters in a free society is less the budget deficit than the amount of government spending “I would prefer to have a 50 percent budget deficit if we were spending $200 billion per year than a balanced budget if we were spending $2 trillion per year" So let's get on with it those who believe seriously in the need for reform People for the American Way should close their eyes shut up wait and we ll give them a nice new Constitution What do you say” r |
