Argus-Leader from Sioux Falls, South Dakota • Page 1

I- yr' Vs Silver Bullet: Divers' paradise West Lake Okoboji offers underwater adventure 1 Women's pro team shoots for second win here 1 3L(Bciidl(Bir Friday June 3, 1994 Sioux Falls, S.D. 1994 Gannett Inc. 35 1 7 T. i If can't be rape without resistance, court rules Just saying 'no' is not enough, Pennsylvania justices say forcible compulsion, which the law does not define. The court upheld a around the country and local prosecutors said the ruling underscores the problem with sexual assault statutes like Pennsylvania's that require proof of force or active resistance to establish rape.

Roughly half of the states require some proof of physical force in their rape laws but state courts Rape case See 3A By DALE RUSSAKOFF The Washington Post PHILADELPHIA A Pennsylvania Supreme Court ruling that saying no to a sexual assailant is not sufficient grounds for a woman to prove she was raped has alarmed victims advocacy groups and prosecutors who contend it marks a major setback for rape victims here. The state's highest court unanimously ruled last Friday in what is known here as the "No Is Not Enough" case that merely proving a woman did not consent to a sexual encounter does not constitute rape under Pennsylvania law, which requires proof of "forcible compulsion" or the threat of force. The seven-man panel said it had accepted the appeal of the 1988 case, Commonwealth vs. Ber-kowitz involving two East Strouds-burg University students who knew each other, to address "the precise degree of force" necessary to prove encounter. Addressing the question of force, it said she "agreed that appellee's hands were not restraining her in any manner during the actual penetration, and that the weight of his body on top of her was the only force applied." Advocates for rape victims lower court decision reversing the man's rape conviction but reinstated his conviction for indecent assault, a lesser charge.

The court opinion states that the victim said "no" throughout the MM But undecided voters still could change outcome of primaries Probable voters and their choices for governor Argus Lea der-KS FY' The REPUBLICANS The DEMOCRATS By DAVID KRANZ Argus Leader Staff Gov. Walter D. Miller holds a slight lead over former Gov. Bill Janklow in the Republican gubernatorial primary race, but 11 percent of probable Republican voters still are undecided, according to the Argus LeaderKSFY Poll. The poll was conducted by PoliticalMedia Research Washington, D.C., for the Argus Leader, waiter u.

Miller 48 If' I Bill Janklow 41 it 38 I 29 Jim Beddow Jim Burg Red Allen Undecided GOP debate Gov. Walter D. Miller and former Gov. Bill Janklow met Thursday night in the last televised debate before Tuesday's primary election. 3A Republicans Walter D.

Miller or Bill Janklow would defeat any Democratic candidate if the election were held now, the Argus LeaderKSFY Poll found. 3A Attorney General Mark Bar-nett was accused Thursday of trying to sway the Democratic governor's race. 4B Undecided 11 I 7T: Bill Janklow Jim Beddow Jim Burg able ratings. Miller has 61 percent Walter D. Miller Red Allen 425 probable Republican primary voters 412 probable Democratic primary voters If you were voting today for your party's nominee for governor in 1994, which of the TOIIO illowing candidates would get your vote: By DAVID KRANZ Argus Leader Staff The undecided vote might play a role in the outcome of the Democratic primary race for governor, according to the Argus Lead-erKSFY Poll.

Jim Beddow, 52, a former university president and political newcomer, leads a field of three with 38 The Democrats percent. Jim Burg, 53, a public utilities commissioner, has 25 percent and Red Allen, 59, a former lawmaker from Yankton, has 8 percent. But 29 percent of the probable Democratic voters have not made up their minds. The poll was conducted by PoliticalMedia Research, Washington, D.C., for the Argus Leader, KSFY-TV and the Rapid City Journal. Voters will nominate the Democratic candidate in the primary election Tuesday.

The poll questioned 412 probable Democratic voters on Monday, Tuesday and Wednesday about their preference. The sampling has a margin of error of plus or minus 4.9 percentage points. Beddow does better among men and women. He is recognized favorably by 37 percent, compared with 28 percent for Burg and 14 percent for Allen. When measuring the three Democrats separately, they have low negative ratings, with Beddow at 4 percent and Burg and Allen each at 7 percent.

Neutral responses to the recognition question are the plurality for each candidate. Allen is unrecognized by 34 percent of the sample, Beddow by 18 percent and Burg by 9 percent. When questioned about specific strengths1 of candidates, Beddow wins two areas outright: best job understanding the problems of the average South Dakotan, and who will do the best job dealing with state funding for education. But in nine of the categories, "not sure" responses either tie Beddow or gain the plurality of responses. ravoraoie recognition to 50 percent, 'for Janklow.

The former governor's unfavorable rating is 22 percent, with 13 percent for Miller. The remainder had a neutral recognition impression. Pollsters matched the candidates against each other in 11 categories, with Miller besting Janklow in all but one category. Respondents felt Janklow would do the best job in dealing with crime and the state's criminal justice system. Of the categories where Miller was considered the best, he held the widest margin in the "most trustworthy" category.

Those responding also considered Miller with the best vision for South Dakota, did the best job in explaining the issues, will do the best job increasing economic de State Men Women State Men Women Walter D. Miller 48 42 54 Jim Beddow 38 40 36 Bill Janklow 41 46 36 Jim Burg 25 29 19 Undecided 11 12 10 RedAllen 8 7 9 Undecided 29 24 34 The Republicans KSFY-TV and the Rapid City Journal. Republicans will choose their gubernatorial nominee in the primary election Tuesday. Del Ali, vice president of PoliticalMedia Research, says Miller's seven-point lead still falls within the margin of error. But he says there are patterns favoring Janklow, including the number of undecided voters who make up a bigger percentage than the difference between the candidates.

"Janklow has an advantage in that he pulls Miller, who is the officeholder, under 50 percent. That makes Miller vulnerable. In all probability, nine out of 10 times, the majority of the undecideds break in favor of the1 challenger," Ali said. Republican samples were taken Monday through Wednesday, with 425 probable Republican voters questioned. Margin of error is plus or minus 4.9 percent, with 95 percent reliability.

Among the probable Republican voters questioned, Miller had 48 percent support to Janklow's 41 percent, with 11 percent undecided. Miller, 68, became governor in April 1993 after Gov. George Mic-kelson died in a plane crash. He served in the state Legislature from 1966 to 1987, when he became Mickelson's lieutenant governor. Janklow, 54, a Sioux Falls area lawyer, served as attorney general from 1975 to 1979, and governor from 1979 to 1987.

Miller also holds an edge over Janklow in the favorableunfavor- Which candidate for governor has the best vision for South Dakota's future? Walter D. Miller 49 Jim Beddow 36 Bill Janklow 34 Jim Burg 22 Not sure 17 RedAllen 6 Undecided 36 Which candidate for governor has the best approach in dealing with taxes and government spending? Walter D. Miller 42 Jim Beddow 32 Bill Janklow 40 Jim Burg 26 Not sure 18 RedAllen 5 Undecided 37 A telephone poll was conducted between May 30 and June 1 of 637 South Dakotans who say they plan to vote In either the Republican or Democratic primary on Tuesday. Margin for error is plus or minus 4.9 percentage points. There Is a 95 percent probability that the "true figure would fall within that range If alllikely voters were sampled.

Some columns do not add up to 100 percent due to rounding. HI Source: PoliticalMedia Research Inc. Linda SmithArgus Leader $14 million hiqhwav project opens High Low 78 56 I -iiwiwihhii State, city join forces to make improvements on and along I-229 VAIIUA InMin OOO Krt PJfM nlnnnnf Caita ftTAlt YOUNG bound lanes of will be Steve Metli Breezy and warmer with a 40 percent chance of afternoon thun-derstorms. Fu reporl 2A 1-229 City planner said By STEVE Replacing bridges velopment and in solving economic and population decline problems. Miller betters Janklow on the question of who will do the best job increasing the wage scale statewide, has the best approach in dealing with taxes and government spending, will do the best job dealing with state funding for school districts, will do the best job with racial reconciliation, and best understands the problems of the average South Dakotan.

Study links hot dogs to childhood cancer By THOMAS H. MAUGH II Los Angeles Times LOS ANGELES Children who eat more than 12 hot dogs per month have nine times the normal risk of developing childhood leukemia, a University of Southern California epidemiologist reports in a cancer research journal. Two other reports in the same issue of Cancer Causes and Control also suggest that children born to mothers who eat at least one hot dog per week during pregnancy have double the normal risk of developing brain tumors, as do children whose fathers ate hot dogs before conception. The findings, which already are generating a great deal of controversy and concern, could help explain why the incidence of childhood leukemia and brain tumors has been increasing over the last two decades, say the researchers, led by USC epidemiologist John Peters. The scientists caution, however, that the studies are preliminary and based on relatively small numbers of cases a total of 621 cancer victims in the three studies, and an equal number of controls.

Big Sioux River A Constructing IY jSff tunnel gJ Rebuilding from Western to Louise INSIDE 36 pages Business 6B Classified ads 5-1 2C Comics 2D Crossword puzzle 9C Ann Landers 2D Life Section Lottery results IB Movies 5D National news 4.6-7A Obituaries 3B Opinion 10A Sioux Empire Section Sports Section Stocks 5B Television 3D Weather 2A World news 11A most motorists likely will use the Louise Avenue exit now, though many will take the exit at Minnesota Avenue, too. "We were seeing a shift in the pattern to Louise Avenue before this project anyway," Metli said. "So most I assume will keep going there now." Lakeview Construction of Glen-wood, was awarded the $14 million project, though about $6 million of that has been subcontracted to local contractors and businesses, Howard said. "So this construction project will not only enhance future economic development in this area but will also have significant economic impact on the Sioux Falls area," he said. The federal government is paying for 80 percent of this project The state will handle 8 percent, and the city will pick up the other 12 percent.

reconstructed between Western and Louise avenues. The northbound lanes will be converted into two-way traffic. The bridge over the river on the southbound lanes of 1-229 will be rebuilt during phase one. So will the two exit ramps on the north side of the Western Avenue bridge. And the westbound side of the tunnel under 1-229 on 57th Street will be completed.

That work is scheduled to be completed by Nov. 1. The rest of the work will be done in the second phase, which will be completed by November 1995. A fine of $3,000 a day will be imposed if the deadlines aren't met, Smith said. The Western Avenue interchange was closed Wednesday night.

When it is reopened at the completion of phase two, it will have five lanes, state Transportation Secretary Dick Howard said. Argus Leader Stan The largest joint city-state road project in South Dakota history at a cost of $14 million and 18 months of motorist inconvenience was unveiled Thursday. The project involves replacing the Western Avenue bridge over Interstate 229, as well as a second bridge on Western Avenue that crosses the Big Sioux River. It also involves: Replacing two bridges on Interstate 229 that cross the river just west of Western Avenue. Constructing a tunnel under 1-229 on 57th Street.

Reconstructing the interstate between Western and Louise avenues, raising the grade 15 feet. The work originally was scheduled to be done before the Louise Avenue interchange was built, City Commissioner Bob Jamison said Thursday. But the order was flip-flopped when city officials convinced the state that they Linda Smith Argus Leader needed Louise Avenue open to handle congestion caused by closing the Western interchange. "Now the inconvenience the people of Sioux Falls will experience for the next two summers will be far less than if Louise Avenue wasn't done," Jamison said during ground-breaking ceremonies. The work will be completed in two phases, city engineer Jon Smith said.

In phase one, which begins immediately, the south Printed on recycled paper with soybean -based nin. FofS.D. recyclngei cantor nearest you cal ioo-xxr..