The Springfield News-Leader from Springfield, Missouri • Page 12

NEWS-LEADER Around the State Legislative roundup 2B Thursday, August 28, 2003 eath penalty ruling denounced tr iii: lawmakers: State Supreme Court leaned to left in ending capital punishment for 18 and under. SUSAN PFANNMUUER THE ASSOCIA1ED PRESS ney and longtime death penalty supporter, said Wednesday that the Missouri Supreme Court had clearly taken sides on death penalty cases. "I think the Supreme Court is becoming an activist body because they have decided that the death penalty is probably not something rhpv Window-washers shine up Kansas City building Paul Stamm (from left), Justin Godfrey and Ulises Iferez with My-T-Brite window-washing service wash their way down 10 stories of windows Tuesday in downtown Kansas City. design to move the court to the left and move the court away from capital punishment," said Bartle, R-Lee's Summit. Since March 1, 2002, when Democratic appointees took the majority, the Supreme Court has ordered three executions, reversed four capital convictions and reversed five death sentences.

Democrats on the bench are Chief Justice Ronnie White, Michael Wolff, Laura Denvir Stith and Richard Teitelman while Republicans are represented by Price, Duane Benton and Stephen Limbaugh Jr. In the early to mid-1990s, the Missouri Supreme Court consisted solely of judges appointed by GOP Govs. John Ashcroft or Christopher Bond, so philosophical splits were not as likely. In fact, White's nomination to the federal judgeship was blocked by then U.S. Sen.

Ashcroft who argued that White was soft on the death penalty. White's nomination was later defeated. Simmons, who was 17 when he killed a woman a decade ago. He was sentenced to death. The court's decision runs counter to a 1989 U.S.

Supreme Court decision in a Missouri case that upheld states' rights to execute people as young as 16. Missouri law currently allows convicted murderers as young as 16 to be sentenced to death, and attempts by lawmakers to increase the age to 18 have failed in receht years. Judge William Ray Price wrote in his dissenting opinion Tuesday that the court's decision flies in the face of laws already on the books. "Although this statute is subject to serious controversy, it is the enacted will of the people of Missouri and must be enforced unless it is a violation of either the Missouri of the United States Constitutions," Price said. Sen.

Harold Caskey, an attor- By Paul Sloca THE ASSOCIATED PRESS Jefferson City Some Missouri lawmakers claim the state Supreme Court went too far when it tossed out a law that allows for the execution of juveniles under 18 and suggested that politics may have played a part in the decisioa In a 4-3 decision, the state's highest court ruled that it is unconstitutional to apply death sentences to people younger than 18 at the time of their crimes. The court based its opinion on a U.S. Supreme Court decision last year that prohibited the execution of the mentally retarded as unconstitutionally cruel. As with the mentally retarded, a national consensus is developing that the execution of juveniles is cruel and unusual punishment, the Missouri court said in the case of Christopher Laws taking effect target pharmacies, spam It requires commercial e-mail-ers to stop messaging people who tell them not to do so, and prohibits e-mail ads from using false or misleading information in the subject lines. The law also requires e-mail advertisements to be labeled with "ADV," or "ADVlADLT" for messages with obscene content.

The law is far weaker than Attorney General Jay Nixon's original proposal for an anti-spam list similar to the popular no-call list for telemarketers. Nonetheless, Nixon's Web site will post instructions Thursday for consumers to follow on their please-stop requests to spammers, and how to forward any continued e-mails to the attorney general's office for potential legal action, said spokeswoman Beth Hammock. Nixon's office will compile a ifWHrV Train maker partially blamed in 98 zoo death A St. Louis jury ruled Monday that the manufacturer of a zoo train ride was partially to blame for a 1998 derailment that killed the train's engineer. The jury ruled that Chance Rides Manufacturing of Wichita, Kan, and the engineer, John Forsythe, were equally to blame for the accident.

The jury awarded Forsythe's family $250,000, or half the damages from the crash. Forsythe's family had hoped to receive $6 million in damages from the crash. Forsythe, 67, was killed Oct. 16, 1998, when the St. Louis Zoo train derailed and overturned.

Witnesses said the train, which normally traveled only 3 mph to 5 mph, could have been going as fast as 40 mph when it failed to stop at a station, struck a crossing signal and overturned, throwing out Forsythe. Only one of the dozen passengers was injured, and she had only minor scrapes and bruises. Chance Rides claimed the zoo was to blame for failing to maintain the train's brakes properly, but zoo officials said the brakes were checked every two weeks. Jurors said Forsythe should have used the emergency brake, which was working. KENNETT Tenet to sell 2 southeast Missouri hospitals Tenet Healthcare Corp.

has announced the sale of two southeast Missouri hospitals as part of a $550 million, five-hospital agreement with Health Management Associates Inc. The 116-bed Twin Rivers Regional Medical Center in Ken-nett and the 423-bed, two-campus Three Rivers Healthcare System in Poplar Bluff are among the five hospitals in the deal announced Monday by both companies. The other three hospitals in the deal are the 128-bed Seven Rivers Community Hospital in Crystal River, Harton Regional Medical Center, a 137-bed hospital in Tullahoma, and University Medical Center, a 257-bed hospital in Lebanon, Tenn. The transactions are expected to be completed on or before Jan. 1.

LOTTERY PICK 3 5-9-8 SH0W-ME 5 3-10-17-21-44 LOTTO 1-7-10-26-28-40 POWERBALL 24-31-36-42-46-32 PICK 4 3-4-0-1 Jefferson City Suits filed under no-call law against two firms Missouri Attorney General Jay Nixon filed lawsuits Wednesday against two businesses that allegedly made telemarketing calls to state residents in violation of state laws. Echostar Satellite doing business as Dish Network, was sued in St. Charles County for reportedly calling Mis-sourians who have registered home telephone numbers on the state's no-call list. Nixon said his office has received at least 156 reports of Littleton, Echostar violating the no-call law by making telemarketing calls to sell satellite equipment and television services. Another lawsuit was filed in St.

Louis against XenteL a Fort Lauderdale, corporation that allegedly made repeated solicitation calls to Missouri-ans who had asked not to be called. Kansas City Newspaper carrier, 32, found dead in van A newspaper carrier for the Kansas City Star was found dead Wednesday in his delivery van in east Kansas City, police said. Robert R. Hack, 32, of Kansas City, was found slumped over the front seats of the van about 4:15 a.m. He was pronounced dead at a hospital.

Police said Hack had been shot at least one time and his van had crashed into a light pole. Police said it was too early to speculate on a motive in the case. Hack was one of 310 independent contractors who deliver newspapers for The Star in the metropolitan area, said Ken Batrick, metro circulation manager for the newspaper. Hack had been a carrier on that route since October 2002. ST.

LOUIS COUNTY Police investigating infant's drowning St. Louis County police are investigating the death of a 9-month-old boy, who apparently drowned in a bathtub. The boy apparently died when he climbed into a bathtub after his mother left the bathroom to take a phone call, St. Louis County police told the St. Louis Post-Dispatch.

The boy's name was not immediately released. The incident happened about noon Tuesday in the Glasgow Village home in north St. Louis county. Police said they do not suspect foul play, but are investigating. F-l would favor so 4 89 ttioir i i it every opportunity to minimize the death penalty," said Caskey, D- Caskey Butler.

"I don't think it reflects the general will of the populace." Also concerned about the court's decision was Sen. Matt Bartle, chairman of the Senate Judiciary Committee. Bartle said there has been a shift in the court politically now that four of the seven judges were appointed by Democratic governors Mel Carnahan and Bob Holden. "After years of Carnahan and Holden appointees, there was a On the Web Missouri legislature: http: www.moga.state.mo.us Attorney general: http: www.ago.state.mo.us. list of frequent e-mail offenders and seek to sue them, she said.

Violators can be fined up to $25,000 a day. Another of the more noticeable new laws for many Mis-sourians will be the restrictions on the sale of some common cold and allergy treatments. Medicines with the sole active ingredient of pseudoephedrine, such as Sudafed, must be moved behind the counter, placed within 10 feet of a cashier or tagged with electronic anti-theft devices. The intent is to crack down on thieves who use the drugs to make the illegal a.iMimr V60i supplies last. I Authorized Agents Equipment offers at these Ava Lebanon Russell Cellular Hwy.

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The new law also limits shoppers to buying two packages or 6 grams of pseudoephedrine at one time. For medicines containing pseudoephedrine plus other active ingredients, the single-purchase maximum is now three packages, or 9 grams. The new nursing home law strengthens penalties for troubled facilities while easing state oversight of those that perform well. It raises the maximum daily fines to $25,000 from the current $10,000 and establishes an automatic fine for conditions that put residents' lives in danger. Among other laws less likely to have a direct affect on people are symbolic gestures naming the NortonCynthiana the official state grape and declaring the western Missouri town of Adrian "the purple martin capital of the state of Missouri." that right.

locations may vary. Russell Cellular 222 Republic Rd. 3023 S. Kimbrough Teleworld Communications 2039 E. Independence, Ste.

Uzarks you got By David A. Lieb THE ASSOCIATED PRESS JEFFERSON CITY Some common decongestants might be a little harder to find at pharmacies, nursing homes will fall under new scrutiny, and there will be a new tool to try to stop the barrage of e-mail advertisements. Those are just a few of the changes due to occur Thursday as 184 new Missouri laws take effect. Dozens of other bills Nixon passed by the legislature became law earlier this year because they were considered pressing issues. Around 30 bills approved by lawmakers were vetoed by Gov.

Bob Holden; they can take effect only if lawmakers override the vetoes during a session that begins Sept. 10. One law taking effect Thursday targets mass e-mail advertisements, also known as spam. k. -J- Full Color Download Information with Axcess MOTOROLA Phone Visit ALLTEL at one of these locations: ALLTEL Retail Stores Bolivar 920 Springfield.

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