The Palm Beach Post from West Palm Beach, Florida on December 9, 1976 · Page 5
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The Palm Beach Post from West Palm Beach, Florida · Page 5

West Palm Beach, Florida
Issue Date:
Thursday, December 9, 1976
Page 5
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Palm Beach Post, Thursday, December 9, 1976 A5 Gary Gilmore Demands Release Says State Did Not Execute Him Soon Enough FREE! MKOFEED MOTOBECANE World's Leader in Sales Production & Engineering mm Come in & Register for 50L. No Purchase Necessary. Must be 18 or over To Register Drawing Dec. 23, 1976 Both Gilmore and the State of Utah filed briefs Tuesday opposing the appeal on the grounds Mrs. Gilmore had no legal grounds to intervene. The briefs described Mrs. Gilmore, who is bedridden with arthritis, as "an intruder and univited meddler". Gilmore was also served yesterday with a summons notifying him of a lawsuit filed by the pregnant widow of one of the two men he has admitted killing. Mrs. Bennie Bushnell filed a $2 million civil suit against the slayer Tuesday in district Court, asking damages on behalf of herself, her son and her unborn child. Gilmore was convicted of shooting her 26-year-old husband, a Provo motel clerk. He also was charged with the slaying of Max Jensen, 24, a service station in nearby Orem. The county prosecutor has asked the 4th District Court to set a trial date on the Jensen charges. The request will be taken up Friday and opposed by Stanger, who contends Gilmore can't get a fair trial because of publicity about him. MOPED MANOR .Safes & Rental Ocean Mall Singer Island, Fla. 844-1166 SPECIAL CHRISTMAS SHOPPING HOURS! M0N. THRU SAT. 10 A.M. TO 10 P.M. SUN. 11A.M. TO 7 P.M. Prices tffeelive thru Dec. lilh Key W ent Hours Monday thru Saturday 10 a.m. to 9 p.m. Sunday 12 VcHn to 5 p.m. Sears GREAT GIFT VALUES SAVE $J5 SAVE 32 on Sears 7-Pc. 35mm to comment on Gilmore's chances of being released. "The limitation of 60 days is provided so as to prevent any court from fixing a time (for an execution) so far into the future that the ends of justice might be defeated," Gilmore's motion said. William Evans, assistant Utah attorney general, said the state would , fight the writ on grounds "the United States Supreme Court stayed the execution. That's within their power. It's not our fault they stayed it." He added that the state will also contend that Gov. Calvin Rampton had a constitutional right to grant a previous stay - which superseded the 60-day rule and that Gilmore himself slowed proceedings with his Nov. 16 suicide attempt. When Gilmore took an overdose of sleeping pills, it delayed a Board of Pardons' hearing on his sentence. Gilmore has rejected all appeals on his behalf and made personal pleas to 4th District Court Judge J. Robert Bullock, the Utah Supreme Court and the pardons board to let him "die with dignity" rather than spend the rest of his life in prison. The attorney said Utah law requires the death penalty to be imposed within 60 days of sentencing unless the condemned man files an appeal or otherwise waives the time limit. Gilmore refused an appeal and declined to waive the time limit. Bullock originally sentenced Gilmore to die Nov. 15, but the governor stayed the action pending a review by the pardons boards. When the board allowed the sentence to stand Bullock rescheduled the execution for sunrise Dec. 6, the 60th day after he was originally sentenced Oct. 7. But the U.S. Supreme Court intervened three days before . the execution when attorneys opposed to the death penalty filed an appeal on behalf of the killer's mother, Bessie Gilmore of Milwaukie, Ore. From Post Wire Services PROVO, Utah - Condemned killer Gary Gilmore, who has repeatedly asked to die before a firing squad, demanded release from his death sentence yesterday on grounds the state did not shoot him soon enough. His attorney filed for a writ of habeas corpus in district court. "He was sentenced to die, not to serve time," said attorney Ron Stan-ger. The petition contended Gilmore is "being illegally restrained" at the State Prison because he was not executed within 60 days of sentencing as required by state law. His execution was stayed by Utah's governor and by the U.S. Supreme Court. Even if the writ were granted, however, the killer would not be freed. He faces a second murder charge and still has three years to serve in Oregon as a parole violator. Stanger filed his petition while the U.S. Supreme Court in Washington pondered briefs filed by Gilmore and the State of Utah asking that it toss out an appeal by the slayer's mother and allow the first execution in the United States since 1967. Gilmore's habeas corpus request asked the court "to determine the legality of the restraint, and upon the determination that Gary Gilmore is illegally restrained, the court order his release and discharge forthwith." The motion asks that the Utah Attorney General's Office be given 10 days to answer and that a hearing be held. Stanger said if the petition is not granted, he may take the matter to federal court. "The motion is completely consistent with what Gary has said all along," said Stanger, who said he filed it after getting Gilmore's approval. "Gary has said he wants the law to be followed, and for whatever is going to happen to happen expeditiously," said Stanger. He declined 9 Camera Outfit WW mm Regular $171.96 88 Auto 500 3.)iiun camera anil caM" .55 in m vide angle conversion Irns TOiiiiii tele uholo conversion lens (iadgel day. decorative carrying strap Electronic flash attachment 139 Has 48mm f:2.8 lens, through the lens viewing with split image range finder. :12.W Minolta 202. 35niiii Camera.... 2.V.8 s AFX Championship Speedway For Fast Action Family Fun! 2488 Regular 29.99 What an exciting gift idea! This speedway outfit offers a 25 -ft. road course with tight curves and thrilling straightways. Complete with 2 AFX cars with speed controls, grandstand and many accessories. 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While the plant is of major importance to New England "in terms of environmental protection, job opportunities, energy supply and future economic growth," Train said, it also "presents important issues of national significance." Train acted after an appeal filed by the Public Service Co. of New Hampshire, which hopes to put the 1,200-megawatt Seabrook plant into operation in 1981. Train gave the Public Service Co. until Jan. 7, to file arguments for reversing McGlennon's decision. He said other parties will have an additional 30 days to answer those arguments, after which the EPA will issue its ruling. VALUES UP TO 'lOO00 Made From Fine Decorator Fabrics I Choose from MgMllij SPRING W UiilfjTt 3SEr Mattrtu intf foundation 11 M fcPRV FULL $119.95 . 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