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Show 3fljc M orison Has Ruling Could Mean New Trials for Death-RoBy Mike - . death-qualifie- "death-qualified- See row Strikes 1 nicely. decision fiom the countrys high court, according to some attorneys, could result in mass reversals of dedtn penalties across the nation, comparable to a 1972 ruling that declared the death penalty unconstitutional. And it could atfect the death sentences of such killers as Ronnie Lee Gardner and serial murderer Arthur Gary Bishop. Legal scholars, however, are less optimistic and feel that the U.S. Supreme Court, if it upholds the case, will find wording that will make it impossible to apply the ruling retroactively. At the very least, a U.S. Supreme Court decision declaring death qualification unconstitutional could result in courts having to impanel two jue ra in murder cases one to decide guilt or innocence and another for penalty and could complicate and lengthen the trial process by forcing prosecutors to present their cases twice. Nonetheless, Judge Daniels controversial ruling a decision that flies in the face of recent rulings by the Utah Supreme Court has caused concern among prosecutors and appellate attorneys for the state and glee among defense lawyers, some who have been arguing unsuccessfully against death qualification for years. Essentially, what Judge Daniels has done is find unconstitutional the long-helpractice in capital-homicid- e trials in which prospective jurors are questioned by the judge about their ability to impose a death e penalty if a conviction for murder is returned. Those jurors then hear evidence in both the guilt phase of the trial, and, if necessary, in the penalty phase where the question is posed. known During this jury selection as roir dire the prosecutor, in accordance with the 1968 Witherspoon vs. Illinois decision, can challenge any juror who is unable in any circumstance to impose a death penalty. A number of surveys, however, have shown that jurors who are thus are more prone to conviction and therefore, according to Judge Daniels ruling, violate the defendants Sixth Amendment right to a fair and impartial trial. And, as importantly, defense attorneys have argued that not allowing people who have a conscientious objection to the death penalty to sit on a jury also violates a defendants right to be judged by a jury representative n of the community of a in which the crime allegedly occurred. Judge Daniels is one of a handful of judges in the country to make such findings, although the question has been raised in many trials both nationally and locally In fact, the U.S. Supreme Court last week heard arguments in a case known as G ripshy vs. Arkansas, in which the government is appealing an 8th Circuit Court of Appeals ruling finding death qualification unconstitutional. That ruling is expected to come down in the next couple of months. In Utah, at least two cases could possibly be affected by that ruling. Most recently, the question was raised by Salt Lake Legal Defender Andrew Valdez in the trial for Ronnie Lee Gardner, who was convicted of murdering a lawyer during an April 2 attempt at the Metropolitan Hall of Justice. It also was strenuously argued by Jo Carol Nesset-Sale- , who defended Arthur Gary Bishop, the man convicted in a string of child kidnappings, sexual assaults and murders between 1980 and 1984. University of Utah Law School Professor Ron Boyce, who also sits as a U.S. Magistrate, said that, although it appears Judge Daniels ruling goes contrary to the Utah Supreme Courts rulings, "what he did probably was a good thing." Professor Boyce said he believes that Judge Daniels was anticipating the U.S. Supreme Court upholding Grips!), and thus is acting "caut any tiously" in order to defense appeal on the death qualifica- Bv Joan 0 Bnen Tribune Staff Writer first-degre- d first-degre- th tests killed ground nuclear-weapon- s thousands of their sheep ended Tuesday when the U S Supreme Court re- - death-qualificati- y death-qualificati- e short-circui- tion issue. think Judge Daniels if hes in. iv be doing a good thing right then he corrects the problem at In a vote, the high court refused to hear the ranchers appeals claiming the government committed fraud in 1955 to prevent them from prevail- ing in their original lawsuit seeking compensation for the sheep deaths. Supreme Court Justices Sandra Day O'Connor, Byron R. White and Harry A Blackmun voted to hear the case Chief Justice Warren E. Burger recused himself from the case, apparently because as assistant attorney general in charge of the civil division in 1955 he was at least nominally involved in the original tort suit filed by the ranchers Four justices must vote to hear a case for a writ of certiorari to be granted McRae N Bulloch, a Cedar City rancher whose father was a plaintiff in the original suit, callad the decision a great disappointment, but kind of a relief We won't have our hopes up anymore." The ranchers filed suit in U.S. District Court for Utah in 1955 claiming government negligence in itsabove-groun- Tribune Staff Writer If you are a league oowler with size 15 feet, the Monday Marauders, Alley Cats or Pin Heads could have the upper hand if you ever compete at Maltair Lanes. "We have one pair of size 14 shoes, one pair of thirteens, one pair of twelves and one pair of elevens, says Edith Price, 69, whose family has owned and operated the smallest bowling alley in Salt Lake City for 30 years. "We dont have any fifteens. But if its sevens youre looking for youre in luck. We have lots and lots of sev- d nuclear-weapon- s testing I think if the people who made this decision could have seen the sheep, could have seen them die, seen the scabs and seen the black sheep growing white hair why. they would have had different decision, Mr. Bulloch said. M. Karlynn Hinman, who with Dan S. Bushnell represents the southern Utah families, said they are extremely disappointed with the decision R. Joseph Sher, senior trial counsel with the Justice Department, said he could not comment on the Supreme Court's action. . . . One lawsuit filed by the ranchers seeking damages from individual defendants remains pending in U.S. District Court for Utah. Judge J. Thomas Greene last month stayed action on that suit until the high court decided whether to hear the two appeals. Ms. Hinman said a hearing on the new suit may be scheduled after Judge Greene is formally notified of the Supreme Courts action. The high court's decision Tuesday may caused deaths of some 4,500 sheep grazing northeast of the Nevada Test strengthen the governments motion for dismissal of that suit. Site. Last week the Supreme Court voted to allow former Gov. Scott M. Matheson to file a friend of the court brief urging the justices to review the case. Tuesday, Mr. Matheson said the District Judge A. Sherman Christensen found no evidence of government negligence and dismissed the ranchers claims, but in 1982 he ordered the case reopened. He found were intengovernment officials tionally false or deceptive" during the original trial in an attempt to protect the nuclear-weapon- s testing program. But the 10th Circuit Court of Appeals reversed Judge Christensens finding last May and the Supreme Court's action Tuesday lets stand that decision. The high court also refused U.S. ens. case "should have been properly heard by the court. The legal remedies available to the ranching families have basically been exhausted, and Mr. Matheson said he doubted Congress would take action to compensate them. We cant get a bill through to compensate human beings, so how are we going to get a bill to compensate for the loss of sheep? he asked. Conference of Mayors a t.AU Tribune Staff Photo by Al Hartmann Edith Price controls the counter work at Salt Lake Citys smallest bowling alley, the Maltair Lanes, 170 S. 1000 West. night as it is," she says. Bowling is making a comeback. Once again, it is chic to take a date to the bowling alley. She and her husband, Bernard built their alley in 1955 after nearby Temple Bowling Lanes went out of business. They named it Maltair Lanes because the aroma of malt filled the air whenever the west side Fisher beer brewery was in operation. Bowlers found the smell of the malt tempting, and would often take a break in the middle of their games to get a beer at the bar next door. Mrs. Price grew up on a farm nowhere near a bowling alley, so she didn't know much about curve balls and spares until she started working at Maltair Lanes. I started bowling once a week in the West Side Ladies League, but my average still isnt that its 129, she said. But I great bowl for the fun of it, anyway. 1 never had a desire to become a pro See B-Column 5 DePaulis to Attend D.C. Meet revenues to local governments, which can spend the money on projects or services. Local Utah governments received $36.5 million of the $4.6 billion such revenues allocated by Congress last year. coSen. Warren Rudman, act author of the Gramm-Rudma- n The mayor plans to attend a spethat mandates a balanced federal cial session Thursday on strategies to budget by October 1990, laughed revive general revenue sharing, when informed of the mayors stratewhich Congress voted to abolish at gy session on reviving revenue sharthe end of the current fiscal year to ing. He told The Tribune that the help trim the $200 billion federal defimayors might as well hold a meeting cit. on strategies to revive GeneralissiUnder the program, the federal mo Franco, the Spanish dictator who government gives its "surplus" tax died in 1975. Tribune Washington Bureau WASHINGTON Salt Lake City Mayor Palmer DePaulis will attend three days of midwinter meetings with the U.S. Conference of Mayors here this week that will focus on resharing. viving federal-revenu- e - Udall Says Arms Are Waylaying Economy By Katherine Kapos Tribune Staff Writer death-qualifie- cross-sectio- I to hear a second appeal of the ranchers suit naming the government officials as individual defendants. fused to hear their appeals. 3 legal battle waged by southern Utah ranchers who claim radioactive fallout from aboveA Free Plenty of people with size seven feet have ventured to the eight-lan- e alley at 170 S. 1000 West, to try their luck at getting "Brooklyns and "turkeys, but most of the time they end up putting the yellow ball in the corner pocket. We have no room to spare on league nights, said Mrs. Price. And nearly every night is league night. We have more pool tables than lanes, so families who walk in for a night of bowling will either play pool for three hours until the leagues are finished, or theyll leave in a huff. People get mad because they cant bowl, but what can we do? Were a small operation. Getting a lane is a tough proposition, but not nearly as difficult as finding the bowling alley. There isnt a neon sign with dancing bowling pins to advertise Maltair Lanes the place is as inconspicuous as an illegal gambling hall. Most people find out about the alley when they visit the Side Pocket Lounge next door, which is also owned by the Price family. But Mrs. Price doesnt seem to mind that people drive past her bowling alley each day without stopping. We fill the place up each Iage 30-Ye- ar On West Side By Cathy ... Column January 22, Ranchers Lose Last Round In Fallout Fight It Big B-- 3 death-penalt- B-- Munsons press secretary, the congressman's surgery was for a deviated septum, which hampered his breathing and made him prone to nosebleeds She said Rep Munson is recovering Wednesday Morning Section II Maltair Lanes Several defense attorneys whose clients are awaiting execution expressed delight at Judge Scott Daniels' decision, and hope a similar ruling currently on apj eal to the U S. Si 'me Court wul be upheld. Such a 1 Tribune Washington Bureau WASHINGTON Rep David Monsun, is not here this week for the resumption of Congress, but in Salt Lake City recuperating from minor nose surgery last Friday. According to Laurie Snow, Rep. this early stage, and if hes wrong. then there is no harm done. You just get a second jury which would be the professor said In reviewing the transcripts of the Carter lie late d Story , Nose Surgery Inmates w Tribune Staff Writer A decision by a 3rd District judge stating jurors in the trial for Francis Preston Mitchell need not be " immay have plications, including possible new trials or reversals of death penalties for murderers already on Utah's death "Frankly, Local jlalt fake tribune Mi Americas strength depends on bal- ance. Thats according to former Secretary of the Interior Stuart Udall who said Tuesday in Salt Lake City that there is no national military emergency, yet America is piling up useless military weapons. In five years, f the United States has spent trillion dollars on new weapons. But are we really more secure?" Increasing weapons has unbalanced the budget and the only way the nation will be able to balance it is one-hal- to cut spending, Mr. Udall told members of the Rotary Club. He said it is important to balance U.S. defense needs against the need for a healthy economy. After three terms as a U.S. representative from Arizona, Mr. Udall was appointed Secretary of the Intea cabinet rior by John F. Kennedy position he held through the Kennedy and Johnson administrations. Mr. Udall spoke of President Dwight D. Eisenhowers ideology of 20 years ago to explain how the U.S. can attain stability. We know now that national strength is much stron ger than the carriers, tanks and weapons that we have. Our ultimate strength must come from economic strength, he said. Mr. Udall added that if President Eisenhower were alive today he would be appalled at the nations deficit and the outrageous amount we are spending on the military. During President Eisenhowers eight years in office, he compiled an $11 million deficit, Mr. Udall said, comparing it to President Reagan whose deficits will exceed that of all the U.S. presidents, clear back to Washington. We are a debtor nation and there no signs of a change, Mr Udall said. If we continue this way, we will not be able to afford the defense we need in the future. In order to pay for the nations spending, we may have to sell parks and national forests, he said. Mr. Udall is discouraged by the are deficit-reducin- g Gramm-Rudma- n Act recently passed by Congress. All they are doing is passing the buck. Overall, our economic strength will come through education and the development of the human potential, Mr. Udall said. Stuart Udall Are We More Secure? Symposium Spotlights Artificial Hearts and Arms By Anne Palmer Tribune Staff Writer Hearts and arms received the majority of attention at the Salt Palace Tuesday as experts from around the world pondered the merits of transplanting natural organs versus implanting artificial organs. Surgeons are looking increasingly toward artificial hearts and cardiao-assis- t devices rather than reliance on donor organs, Dr. O. Howard Frazier said during a morning session of the International Symposium on Artificial Organs, Biomedical Engineering and Transplantation. The Texas Heart Institute specialist, along with several other speak ers, pointed out that statistically, there will never be enough donor hearts for the number of patients dying of cardiac disease. Cardiac-assis- t systems are being streamlined and improved for temporary replacement of either one or both ventricles in heart patients, though the survival rate in those who have been fitted with the experimental devices is currently 40 to 50 percent, said Dr. Glenn Paddington. While the systems are currently used as a bridge to transplantation, or to sustain circulation over short terms, Dr. Pennington of the St. Louis University School of Medicine, said progress is being made toward the development of a permanent, implantable blood pump. The devices are designed to assist, rather than replace, malfunctioning hearts, explained the Cleveland Clinic Foundations Dr. Ray Kiraly. Dr. Frank Altieri, of the National Institute of Health, Bethesda, Md., outlined goals for artificial hearts of the future, admitting that with just 1 1 artificial heart implants, Were in the stage. Meanwhile, specialists in the field of artificial limbs witnessed demonstrations of the Mercedes of Arms. Dr. Stephan Jacobsen, director of the University of Utahs Center for Biomedical Design, proudly dis T played the sophisticated Utah Arm. He said the high performance limb, operated by electric sensors attached to the shoulder muscle, is the next best thing to an arm transplant. Although research and development of the arm only began in 1973, 250 people have purchased the prosthetic devices. While the Utah bioengineer said his facility has the technology to add even more motor qualities to the Utah Arm, neurological advancements still need to be made, and doing so is simply not The arms cost between $18,000 and $30,000. "Obviously, a stick is cheaper, he Utah Tot Doing Better After Liver Transplant An Utah girl was upgraded from critical to serious condition Tuesday at the University of Nebraska Medical Center where she is recovering from a liv- er transplant performed last weekend. Keilie Burell, daughter of Wayne and Rochelle Burell of Roy, Utah, received a new liver Saturday evening in a 10'i-hou- r operation. She was flown to Omaha, Neb., by jet, accompanied by a Pri mary Childrens Hospital flight team late Saturday afternoon when a donor was found. "She is doing incredibly well," said Dr, Linda Brooke, Keilics physician at Primary Childrens Hospital. She Is off the respirator and is expected to be moved out of the intensive-carunit tomorrow-WednesdaThat is incredible considering she was operated on just Saturday night." The Utah baby, weighing in at e y only 11 pounds, is the smallest baby to receive a transplant at the University of Nebraska Medical Center and possibly in the nation, said Debbie Murphy of the center's public relations department. Keilie suffered from biliary atresia, a malformation of the bile duct. After spending Chris.mas holidays at home she was readmitted to Primary Childrens Hospital Jan. 12 when her condition i Early Saturday Keilie went into a coma and hospital personnel felt "her life was ticking away." That afternoon Dr, Brooke received word of a potential donor and Keilie left for Nebraska. "Saturday morning it looked very serious. Saturday afternoon came the call of a donor, related Dr. Brooke. "She was flown by air ambulance and within three or four hours she was in the operating room." But, if it doesnt get someone back to work, v !,... good is 'I? ImpresseJ wuh the arm's teatures, which include i '(' ) wire-o- . ids and 600 components, one spec. Jist commented to Dr. Jacobsen, This is the Cadillac of arms." Cadillac?" responded its developer, "this is the Mercedes!" International perspectives on heart transplants and implants were also delivered. Dr. Hiroyuki Fuku-mas- u of the Department of Cardiovascular Surgery at Takeda Hospital in Kyoto, Japan said the Japanese have been conservative, but have experimented by implanting artificial hearts in sheep. He said surgeons there are very near to implanting a totally artificial heart in a human. Dr. Rene Favaloro, of Buenos Aires, Argentina, lectured on the status and limits of heart surgery. He said "in Latin America many patients come to us too late . . . with eompli-- , cated diseases . . . which cannot he corrected with current operative procedures." Out of his country's 30 milliwi-- , people, an estimated 3 million have been bitten by a tropical insect which causes the deadly Chagas' Disease. The disease causes severe scarring of heert tissue, which results In enlargement of the heart muscle. Heart transplants in patients with the disease have been largely unsuccessful, creating a dire need for artificial-- ' hearts, Dr. Favaloro said. said. . |
