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I I 1' aajgraite Final' ELECTION 2000: THE RECOUNT Tuesday SPEED READ pleicfls bw ire ratto Vice president: let the people have their say' Bush builds his Cabinet WEATHER By Ron Fournier The Associated Press Km High 58 Low 35 cio '4A NATION WORLD HIGH COURT TO HEAR MARIJUANA CASE The Supreme Court agreed Monday to decide whether marijuana can be provided to patients out of a "medical necessity." A3 ISRAEL CHANGES STORY ON SHOOTING l.i.iujilimiy )l 111 mi 1iwwmiwiiiiwiiiwiiii jiwiJHiwPg jiiji, 'J AP flags in the vice presidential residence. "The outcome will have been fair, and the people will have spoken." "If they choose me, so be it. I would then commit to bringing this country together. But, whatever the outcome, let the people have their say, and let us listen," Gore said, hours after Democratic leaders and President Clinton queued up to show their support. With the agonizingly close election stretching into its fourth week, neither side appeared ready to give way in a fierce struggle that has entangled the judiciary in the business of presidential politics, threatening to spill past the Dec.

12 deadline for selecting state electors. Bush spokesman Ari Fleischer said Gore's address offered ing new to the nation. "It was just unfortunately not giving Americans the full picture of what took place," Fleischer said. Bush watched Gore's address in the governor's mansion. The Texas governor moved quickly to take on the work, if not the title, of president-elect.

Running mate Dick Cheney criticized the Clinton-Gore administration for refusing Bush access to $5.3 million in government transition funds and a federal office building set aside for the presidential changeover. He announced the Bush team would raise donations to finance its own operation. "This is regrettable because we believe the government has an obligation to honor the certifiable results of an election," Cheney said at a Washington news conference, naming an executive director and press secretary for the tran-sition team. Please see GoreA 10 Al Gore defended his unprecedented appeal to the courts Monday, declaring "Let the people have their say" by counting every ballot in Florida's make-or-break presidential election. George W.

Bush plunged into the work of building a new government even as scattered rank-and-file Democrats warned that Gore's time may be running out. A day after Bush summoned TV cameras to press for Gore's concession, the vice president laid out his case for letting courts settle the nation's long-count election. "This is America," he said with a forced chuckle. "When votes are cast, we count them. We don't arbitrarily set them aside because it's too difficult to count them." The prime-time televised address was perhaps Gore's last, best chance to explain why the closest presidential election in 124 years didn't end Sunday night when Florida's top elections officer, a GOP partisan, certified Bush the winner by 537 votes out of 6 million cast.

Gore's support was falling as he went on the air. An overnight poll conducted before the address by CNNUSA TodayGallup found that 56 percent of Americans said Gore should concede the election compared to 46 percent who said that last week. An ABC-Washington Post survey found similar results. "I guess Bush does have a legitimate right to the presidency, but if I was in Gore's place, I'd probably be doing the same thing he is," said Rick Prowell, 39, a power company lineman in Little Rock, Ark. Gore protested the results in a Bush's transition? Texas Gov.

George W. Bush is moving forward with a presidential transition despite legal challenges by Vice President Al Gore: THE TEAM: Vice presidential hopeful Dick Cheney said three top Bush aides soon would begin operating out of Washington on Bush's behalf: Andrew H. Card Likely chief of staff. A former transportation secretary under the elder Bush. Clay Johnson: Transition executive director.

Bush's guber-' natorial chief of staff. Ari Fleischer: Transition press spokesman. Bush's campaign spokesman now. THE MONEY: Cheney said it was disappointing that the General Services Administration, which oversees transition logistics, had not authorized Bush aides to spend the $4.3 million or use the downtown Washington offices designated for transition purposes. To begin the transition work, Cheney said Bush had approved creation of a Texas-based nonprofit entity.

It would be authorized to collect and spend money and accept "in-kind" services to establish a private transition office. Vice President Al Gore addresses the nation from his official residence in Washington on Monday night. Gore says he wants a full and fair accounting of the vote in Florida. The Israeli army now says it likely did not kill the 12-year-old boy whose death in a firefight was captured by television cameras. An investigation into the shooting suggests that Palestinian gunmen probably are to blame.

A4 TALKS SHAKY IN THE BALKANS NATO-led peacekeepers pressured Yugoslav authorities and Albanian militants to keep up their dialogue. A5 Court is set to hear GOP argument against recounts. The stakes could hardly be higher. "If the people do not in the end choose me, so be it," Gore said standing at a presidential-style lectern before a dozen American Florida state court earlier Monday, becoming the first candidate in U.S. history to contest a presidential election before the judiciary.

His lawyers asked for a quick hearing but may not get one before the end of the week. And on Friday, the U.S. Supreme 60 percent say Gore should concede BUSINESS JUDGE BIASED, MICROSOFT CLAIMS By Will Lester The Associated Press Microsoft filed legal briefs Monday alleging the federal judge who More inside U.S. Supreme Court will not allow TV coverage. A12 For Al Gore to win, he needs a particular set of legal victories.

A1 3 The Republican-dominated Florida Legislature claims it has the ultimate say over which 25 electors are sent to the Electoral College. A1 6 the ABC News-Washington Post poll also said they would accept Gore as legitimately elected if he were to emerge as the president. More almost eight in 10 say they would accept Bush as legitimately elected. About 40 percent in the poll taken Sunday night said Gore should concede because the vote was fair, while almost 20 percent want him to quit because they Please see PollAlO Democratic vice president Greene said he'd like to see Gore as president but thinks "he's putting a negative aspect on the presidency." Gore should concede and try again in four years, Greene says. Such public opinion measured just after a big event like the Florida certification of Bush as winner may be more a snapshot of the emotional reaction to an event It could take several days to get a more settled picture of public opinion.

About six in 10 participants in WASHINGTON Polling immediately after Florida's certification of George W. Bush as winner of Florida's 25 electoral votes found that six in 10 Americans say it is time for Al Gore to concede the presidential race. "I think Gore should give up and say good luck to Bush," said 21-year-old Peter Greene of Concord, N.H., who voted for Gore, the ordered its breakup compromised the "appearance of impartiality." C6 COMPANY CLOSES NN OFFICE About 190 people lost their jobs when an advertising research firm recently closed shop in Oyster Point. C6 MARKETS DOW INDUSTRIALS Ml The untimely death of Kristin Kinney UP 75.84 See stocks, C7 INDEX UF ristin Kinney's i mother and stepfather were devastated by their daughter's suicide. The 27-year-old nurse, Part 3 once happy ofa3-part andout.

The story so far Nurse Kristin Kinney and Dr. Michael Swango were engaged and living in Sioux Falls, S.D., when she began to suspect he had poisoned some of his patients. He denied it. Shortly afterward, she began to get sick, suffering migraines, nausea and depression. She returned to the Peninsula.

He followed. On July 1 5, 1 993, Kristin Kinney committed suicide. 1 i 41,, 1 ft I 1,1 jl Vii hi 1 iiiji.j....jinnuilll ill Advice D6 Business C6 Classified El Comics P6 Editorials AT4 Family Life Dl Local CT Lottery A2 Movies D4 Obituaries C4 Stocks Cl TV D5 Qdailypress.com series going, had Willi doctor named Michael Swango, was responsible for her despair. Was there any way to show Michael Swango had a hand in their daughter's death? By David Chernicky and Joanne Kimberlin Daily Press Kristin Kinney wanted her ashes scattered over Lake Maury less than 30 yards from the spot where she shot herself. Please see PoisonA8 been in a downward spiral of depression and withdrawal for months.

Her parents were convinced Kristin's fiance, a AP For continuous updates, go to dailypress.coiii Michael Swango is escorted from federal court in Uniondale, N.Y., July 17 after pleading guilty to fatally poisoning three patients at a Long Island hospital. III 6 'h. 0.