The Salina Journal from Salina, Kansas on April 8, 2001 · Page 4
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The Salina Journal from Salina, Kansas · Page 4

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Salina, Kansas
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Sunday, April 8, 2001
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• A4 SUNDAY, APRIL 8, 2001 NEWS THE SAUNA JOURNAL Penalty / Death penalty costly for the state FROM PAGE A1 Long in the trenches Bork, 56, had a lot of experience with juries before becoming the state's No. 1 death- penalty prosecutor He joined the attorney general's office in January 1985 and has worked in every corner of Kansas on every sort of case, from white- collar crimes to bloody homicides. Evans, 43, his counterpart across the aisle, has been working capital-punishment cases since 1985. As a public defender and prosecutor in Oklahoma City he was involved in a half-dozen capital cases before coming to Kansas to head the Death Penalty Defense Unit. In black-and-white, it seemed Perry ' Mason was forever matched against his television foe, district attorney Hamilton Burger, getting the best of him every time. In real life, Evans and Bork are matched as frequently. They have a respect for each other born of familiarity. "I like Bork, I find him very honorable," Evans said. "We • could certainly get sick of each other in the future. But as it stands now, I have no complaints abqut John. I think he's a good lawyer" • "There are certain areas of agreement where you have to get along," Bork said. "It's nice to have on the other side people you respect and you can work with while you're still working . against them. I truly feel that, way about Ron, I know I am going to be in for a real fight on things we disagree on. But you can trust the things he says. T ORGAN DONATION You don't have to watch out for dirty tricks or anything like that." When life doesn't mean life Texas legislators this year debated a measure that gives juries the option to sentence people convicted of capital murder to life without parole. In Kansas, if jurors are unable to reach a unanimous decision, the capital-murder defendant receives a sentence of life in prison without eligibility for parole for 50 years. "Jurors don't like the idea that life doesn't mean life," Evans said. "They want to know exactly what their verdict is going to mean. They seem unduly concerned with the appellate process. "In some instances, it's fear that they're going to change the law, and the person will get out early" Difficult to predict jurors When potential jurors are solidly opposed to the death penalty, they most often cite religion as the reason. However, Bork said, people often diverge from their religion's doctrine. Likewise, law officers tabbed for possible jury duty or potential jurors with a connection to law enforcement aren't necessarily capital-punishment supporters. "Of course, we would rather have on a lot of juries, someone who has a friend or a relative in law enforcement than does not," Bork said. "But we have had in death-penalty cases officers on the jury panel — for in- Kansas' death penalty cases Resolved • 1996 — Stephen Shively, Shawnee County (acquitted); Gary Kleypas, Crawford County (convicted, death penalty). • 1998 — No capital trials. • 1997 — Michael Marsh, Sedgwicl< County (convicted, death penalty); Gavin Scott, Sedgwick County (convicted, death penalty); Robert Verge, Dickinson County (convicted, no death penalty); Virgil Bradford, Dickinson County (convicted, no death penalty). • 1999 — Frank Deiterman, Cherokee County (convicted, no death penalty); Stanley Elms, Sedgwick County (convicted, death penalty). • 2000 — Jeffrey Hebert, Clay County (convicted, no death penalty). Pending • Gordon Martis, Wyandotte County (trial scheduled April 23) • John Dalton, Montgomery County • Michael Bethel, Crawford County • German Arellano, Wichita County • John Robinson, Johnson County • Cornelius Oliver, Sedgwick County • Earl Bell, Sedgwick County • Jonathan Carr, Sedgwick County • Reginald Carr, Sedgwick County stance in Wyandotte County, we had an officer say he would not impose the death penalty in any case." Education level, among the 100 to 150 citizens summoned for jury selection in a capital- punishment case, is not a good indicator of death-penalty support or opposition, either "In my experience, it doesn't plfiy that much of a factor," Bork said. "You have people supporting it who are Ph.D.s and people opposed to it who are Ph.D.s." Evans said he thinks the same is true about gender and race — neither can predict Giving idea legs Harvard group tries to establish youth donor awareness By The Associated Press . BOSTON — Cristina Weiner and her twin brother, Matt, agreed they would donate their • organs if the situation ever arose Tour years ago after they, applied for their driver's licenses. The theoretical discussion had real implications sooner than they expected. Matt collapsed and died while playing basketball at Princeton University in 1999. When it came time' to decide whether to donate his organs, his sister remembered their conversation. His organs and tissue helped numerous people, said Weiner, a Medford, N.J., native. "I was very proud we were able to make that decision," the Harvard University student said. "It was what he wanted." Weiner,,21, is co-founder of Harvard's fledgling group, .Youth for Organ Donation .Awareness (YODA), said to be the fir§t of its kind in the nation. Its founders hope to establish campus chapters around the country The group is hosting an organ donation conference at Harvard this weekend where Dr. Joseph Murray, who won the Nobel Prize after perform- Young people "don't want to think about dying, and we don't want to think of young people dying, so we're less inclined to raise the issue." Kenneth Moritsugu deputy U.S. surgeon general ing the first organ transplant in 1954, will be honored. The impetus for forming YODA came when co-founder Sandra Nudelman, 19, and her family endured a long wait for a liver for her grandfather The feelings of helplessness, then the . gratitude for the eventual donation inspired her to try to do something to increase donation awareness. There were 75,614 people on the transplant waiting list as of March 31, according to United Network for Organ Sharing statistics. About 16 people per day die waiting for a transplant, said Sean Fitzpatrick, public education director for the New England Organ Bank. ^ Young people, make up a large percentage of potential donors, in part because they're more likely to be involved with car, motorcycle and bike accidents. About 19,800 people between the ages of 18 and 34 were organ donors between 1988 and 2000, the most in any age group. Deputy U.S. Surgeon General Kenneth Moritsugu, who will speak at the Harvard conference, said youth need to be educated about the issue. Young people "don't want to think about dying, and we don't want to think of young people dying, so we're less inclined to raise the issue," he said. "I think that's the wrong thing to do." Joel Newman, spokesman for the Richmond, Va.-based United Network for Organ Sharing, said youth are especially receptive to donor awareness campaigns because they're often socially active and developing their life philosophy But it's been hard to get their attention, he said. YODA could help change that. Weiner hopes YODA can show her peers that increasing their awareness of organ donation is a responsible and potentially lifesaving choice. Collision with cow leaves five dead By The Associated Press . FORT MORGAN, Colo. — A collision with a cow knocked a car across a state highway and into another car, killing five people.. . The car was headed west Friday on Colorado Highway 34 when it struck the cow and then swerved into the eastbound lane, where it hit another car head-on. All five men in the car in the eastbound lane were killed. The Colorado State Patrol said none of them had been wearing seat belts. The driver of the car that hit the cow had a broken leg and arm. He was hospitalized in serious condition. Authorities plan to talk to the owner of the cow, which was kUled in the crash. Trooper Ron Watkins said Saturday Cattle are supposed to be fenced in so they do not enter the highway POOL SERVICE SPA SERVICE WATER CHEMISTRY Pool's Plus of Salina 823-POOL • 2501 Market Place 'I CAN ALSO INSURE YOUR CALL MB ABOUT MOTORCYCLI INIURANCB D«na Strickland tt2JS.9tll, Kraft Manoi Salina, KS 67401 -n-*-*Bus: (785) 452-9191 /HIStaTe. Fax: (785) 620-9767 tM .»v »ih «k Cell: (785) 493-2575 JIM'St 582 S. Diiio/Salina PHARMACYJ 785-827-4114 y FREE DELIVERY 10% Cash & Carry Discount Medicaid Prescriptions Welcome Bob Randall / Jim Cram / Rod Smith Hours: 8:30 a.m.-6:00 p.m. Monday-Friday 8:30 a.m.-1:00 p.m. Satm-day Toll Free: 1-800-794-2698 V • M<halmC >m NATION, UNDEl Thursday, May 3rd 50lh Anniversary of the National Day of Prayer • "Stronger Families for a Stronger America" Salina Prayer Breakfast, May 3rd, 7 a.m. at Heritage Hall $^00 Tickets {ivaUable at: Bicentennio] Center Credit Lanterns McCoy's Bennington State Banks YOUTH EVENT UPLINK At KWU Sam 's Chapel ' May 2Qd, (i (30 pM. f SATELLITE/ SOUL CONCERT Joe White, Speaker President of the Karmkuk Sports Kamps, PromiseKeeper speaker Founder of Kids Across America, Former Texas A&M Coach someone's response on the subject. Evans is convinced where people live makes a difference in their view of the death penalty — an unfair difference he thinks. Among the eight capital murder defendants tried and convicted thus far in Kansas, juries have given the death penalty in four cases, with three coming from the state's largest city — Wichita, in Sedgwick County Evans said he thinks rural- county jurors may have been more compassionate than those in Sedgwick County Evans said he believes • BOEING there's an "urban mindset" among those in areas of Kansas and Oklahoma with larger populations and higher crime rates who favor harsher punishment. "Once you get the (system) cranked up and running, you have to turn it over to people. And with the ultimate punishment, if you can't do it fairly you shouldn't do it at all," Evans said. Moving a trial from an urban to a rural county would not necessarily result in less bias among potential jurors, Bork thinks. "The newspapers (in that area) are going to publish the fact the case is coming to town and the facts of the case, and everyone there will know about it," Bork said. Regardless of where the case is tried, trust in jurors is important, he said. "I think we can trust jurors when they say they can set aside what they've read about the case," Bork said. "We can look at them when they say that and judge their veracity in saying that." High cost of death Costs for death penalty cases are high. Earlier this year, Patricia Scalia, executive director of the Board of Indigents' Defense, told legislators she might have to ask for a supplement to a $1.4 million budget for death- penalty cases. The board provides public defenders for adults in Kansas accused of felonies who are unable to af­ ford lawyers. The strained capital-defense budget is primarily due to four complex cases, including two quadruple homicides in Wichita, which are working their way through the courts, Scalia said. Scalia said the agency is monitoring first-quarter expenses closely to determine if a supplement will be needed. It is costly for Kansas to have the death penalty and in his view wrong when the threat of capital punishment is used as a club to convince a defendant to accept a plea bargain, Evans said. "It just seems wrong to me that you're going to use the ultimate punishment to settle a case," Evans said. Bork said there have been death-penalty-eligible cases where prosecutors have chosen not to seek execution based on things learned during the investigation. If a jury finds a defendant guilty of capital murder but doesn't impose the death penalty capital-murder charges still were justified, Bork said. "I'm willing to live with what the jury decides," he said. "It doesn't mean we stop trying. We're going to do everything legally possible to convince the jury to come back with the death penalty But I'm certainly willing to leave it up to the jury" • Reporter David Clouston can be reached at 823-6464, Ext. 131, or by e-mail at sjdclouston ©saljournal.com. Where 's Boeing going? Boeing Co. plans to move its liead- quarters out of Seattle. Three cities are trying to entice the airplane maker. Note: All statistical Information applies to the city limits only except for median home cost lor existing single-family homes. SEATTLE CHICAGO DALLAS DENVER Nickname Emerald City Windy City BigD IVIile High City Population 538,000 2.8 million 1.1 million 495,000 Median iiome cost $220,100 $171,800 $122,600 $196,800 Annual rainfall (inches) 37.19 35.82 33.95 15.40 Fortune 500 companies 5 13 6 3 No. of Starbucks 85 93 31 24 SOURCES: National Association of Realtors; Starbucks Coffee Co.; AccuWeather; compiled from AP wire reports AP Cities woo airplane maker Chicago, Dallas, Denver have unique strengths for Boeing By The Associated Press Chicago touts its cosmopolitan lifestyle and Lake Michigan. Dallas boasts of no state corporate or income tax and lots of political clout. Denver points out its breathtaking mountain vistas and highly educated work force. And they all have plenty of Starbucks coffee. All three cities are wooing Boeing Co., which after 85 years is moving its headquarters out of Seattle. The winning suitor will get just 500 front-office employees — a small blip in employment in cities so large — but there is a hint of more jobs down the line. And there is the prestige of winning over the biggest airplane manufacturer in the world. "This is a very big opportunity for our state," said Jeff Moseley, executive director of the Texas Department of Economic Development. Boeing chief executive Phil Condit last month announced plans to move headquarters out of Seattle to save money and to be more central to its operations in 26 states, which include Texas, Colorado and Illinois. Many things to consider In choosing its new home, Boeing plans to consider access to air and ground travel, the business climate and other economic considerations, and quality of life. Since they learned that they were on the short list of contenders, all three cities have formed committees of business and government leaders to craft economic incentives to present to Boeing. Their master strategies are secret, but some campaigning has begun, and city leaders have held news conferences to talk up their cities. Dallas gathered some of the area's sports heroes to shower Condit with gifts, including a cap from Dallas Stars hockey star Mike Modano and a letter from Texas Rangers shortstop Alex Rodriguez. "I moved to Dallas-Fort Worth to improve my future," wrote Rodriguez, who left the Seattle Mariners to sign a record $252 million contract with the Rangers. "So should you." Not to be outdone, Colorado Gov. Bill Owens and Denver Mayor Wellington Webb have formed the Boeing 100, enlisting the help of Denver Broncos quarterback John Elway, brewing magnate Pete Coors and former United Airlines chief Gerald Greenwald to woo Boeing. In Chicago, Mayor Richard Daley has been leading his city's lobbying effort. Russells Neighborhood Grill at the Phoenix NOW OPEN! Featuring old Russell family recipes. Affordable prices with an elegant atmosphere. Only downtown location serving a lunch buffet w/salad bar. • Special Sunday Buffet • Full Service menu • Specialty Steaks Weekdays 10:30 a.m.-9:00 p.m. / Sundays 10:00 a.in.-2:00 p.m. Corner of 5th & Iron / Salina / 785-493-0304

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