Elko Daily Free Press from Elko, Nevada • 11

Thursday, January 28, 1993 ELKO DAILY FREE PRESS, Elko, Nevada 11 Death sentence for killing two stepdaughters tences and the life prison term after the conviction. Sobel's only sentencing option was to determine whether the terms would run consecutively or concurrently and the length of time on the Allen attack. Sobel told Smith that if he had been a juror he would have also voted for conviction. spent as much time in prison as possible if something should happen to the death sentence. Smith, 52, was convicted last month of beating the three with a hammer on Oct 5, 1990.

He claimed drug dealers invaded the home, but he refused to be cross-examined on his story. The jury imposed the death sen- A 'Naked guy' given his expulsion letter I 1 PrPiTPiJ? X2m hish sPeed tilting J. etKV. trajn was sh()wn at Washing. ton's Union Station Wednesday.

Starting Monday, Feb. 1, the train, which can travel at speeds of 155 miles per hour, will be assigned to various Am- trak Metroliner Service runs. The X2000, a joint project of Amtrak and Swedish State Railways, has been tested traveling through curves at speeds up to 40 percent greater than conventional trains. (Associated Press). BERKELEY, Calif.

(AP) A college student known as the "Naked Guy" for his nude meanderings has gotten an order from administrators: Take off. Andrew Martinez, a 19-year-old at the University of California, said Tuesday he received an expulsion letter declaring that his "refusal to return to campus appropriately clothed would continue to disrupt essential university functions." University spokesman Jesus Mena refused to discuss the expulsion, citing confidentiality rules. But it had been clear for some time that administrators were not happy as Martinez reworked the school's slogan of "Go Bears" by going bare. In September, Martinez, who by that time was well known by his nom de buff "Naked Guy," led a campus nude-in. Many on campus responded to the stark strolls with chuckles or chiding, but Martinez said he was trying to make a point about free expression, a message he thought belonged at Berkeley, birthplace of the 1964 Free Speech Movement "What I am 'getting out here is there's a lot of social control going Homosexual ban defended as a matter of necessity on here," he told the crowd at the nude-in.

After the nude-in, Martinez was arrested twice, but the district attorney refused to prosecute because city law does not prohibit nudity unless it amounts to lewd behavior. In November, university officials, who at first were inclined to look the other way, banned nudity on campus, where the mascot is the Golden Bears. Martinez was suspended for 14 days, but that punishment had to be rescinded because the university didn't follow proper procedure. A hearing on Martinez's conduct followed. But the session broke up after he showed up in the buff.

Martinez said he intends to appeal, may write a book and plans to organize a nude march this spring. Student body president Margaret Fortune expressed sympathy for Martinez's parents, but said, "We've got more pressing details to deal with than the naked guy coming to class without his shorts." Martinez had said he was willing to take the risk of being bounced. "My original plan was that I was going to get expelled and then sue for readmittance," he said. "I can learn a lot suing them." The "Bailey Boys" will be here to shape that hat just the way you want it! Billings, Montana World's Premier Custom Hat Maker" Of fV CUSTOM HATTERS -y WASHINGTON (AP) As Clinton bulls ahead with his plan to allow homosexuals into the armed forces, the military defends the policy as a matter of combat readiness and morale. Banning homosexuals is no different from refusing to allow single parents or overweight people to join the armed forces, the officials add.

And opponents of President Clinton's plan to lift the ban say the White House idea of linking it to a strict code of conduct that would prohibit homosexual practices would be unworkable. It would require homosexuals to make "the equivalent of a pledge of celibacy," writes Army Maj. Melissa Wells-Petry in Exclusion: Homosexuals and The Right to Serve. "Celibacy, however, is widely regarded as an unrealistic standard of behavior, particularly among homosexuals," she writes in the book, scheduled for publication in May. An Army lawyer stationed in Mainz, Germany, Wells-Petry wrote the book on her own.

An Army spokesman said the work reflected "the views of the author" and was not an official document. However, it clearly states the prevailing Pentagon position. f.NCHR S- (COWBOY 44" military for readiness reasons." However, he said that military personnel who become single parents can remain in the service so long as they arrange for approved child care. In her book Wells-Petry says that the homosexual ban was challenged 12 times in court and upheld in every case. "A substantial and virtually unanimous body of law affirms the constitutionality of the homosexual exclusion," she writes.

Wells-Petry also argues that allowing homosexuals to serve openly in the military would not eliminate the potential for them to be targeted by hostile intelligence agencies. "The argument that homosexuals would no longer be security risks once the ban were lifted assumes that most homosexuals desire the disclosure of their sexual preference." She also cites "anecdotal evidence" of higher rates of alcohol ana" substance, amorg homosexuals. Internationally, homosexuals have been openly accepted in the armed forces of some major U.S. allies while banned by others. In the 16-nation North Atlantic Treaty Alliance, Greece, Turkey and Britain still ban homosexuals in the military.

Russia, Japan, and major Latin American nations also forbid homosexuals in uniform. In NATO nations France, Germany, Italy, Spain, Belgium, the Netherlands and Denmark homosexuals are allowed to serve, but are disciplined if their homosexuality enters the barracks. The same holds true in Finland and Israel. vife and LAS YfcGAS (AP) A man convicted of killing his wife and two stepdaughters was formally sentenced to death despite his continued contention he was not responsible for the slayings. Joseph Weldon Smith remained defiant Tuesday as he was sentenced by District Judge Jeff Sobel.

"I am not guilty, I didn't kill my wife, I didn't kill my stepdaughters and I expect this case to be overturned," Smith said. Sobel imposed two death sentences in the slayings of 20-year-old Wendy Cox and 12-year-old Kristy Cox. He imposed a consecutive sentence of life without parole for the killing of Smith's wife, Judith, 47. Sobel also added a 40-year term for the attempted murder of Frank Allen, the landlord of the Green Valley home where the family lived. Sobel said the additional time was added for the "limited purpose" of expressing society's outrage at the slayings and to make sure Smith Gag order LAS VEGAS (AP) A District Court judge has issued a gag order in a drug case involving two Las Vegas lawyers.

Judge Nancy Becker issued the order Tuesday after it was requested by Bill Terry, the attorney for lawyer Michael Mushkin. The order was issued during a court session that was closed to the public and the media. Mushkin, his sister Rhonda Mushkin, and convicted drug dealer Harvey Sackin are believed to be targets of the grand jury probe. The three were arrested last month in a drug probe, but no charges have been filed against them. Ms.

Becker said a defense lawyer alleged that "inappropriate material" about the case had been distributed to the media and spread throughout the community. "They requested a gag order, the district attorney's office agreed, and I felt it was appropriate under the circumstances and issued an order." Ms. Becker said. "Grand jury proceedings are sealed by their very' nature." she said. "There's never a public hearing when issues involving the grand jury come up." Sandra Thompson, managing editor of the Las Vegas Sun, said the grand jury has not yet officially taken up the case, even though targets and witnesses have been notified of the pending case.

She said the newspaper is contemplating asking Ms. Becker to reconsider her decision. "Closed hearings of this nature only fuel controversy and speculation because the public and the media are barred from knowing what actually is taking place." she said. At least two professional athletes and some executives of Mirage Resorts Inc. are believed to have been subpoenaed to testify before the grand jury.

The grand jury was scheduled to begin hearing testimony earlier this month. But the testimony was delayed to allow certain witnesses to review transcripts of wiretapped conversations. lttAl Ml I SI LENDER The standard in tell hais. Look for thei because, like a good cowboy, they're not available cvervwhere. Rich from Rand's will be on hand to steam your hat Kettle Kurl or accessorize that hat with stampede strings or hat bands.

"The areat I New mega-resorts seen providing rands for Miller's budget Gen. Colin Powell, chairman of the Joint Chiefs of Staff, has called lifting the ban "one of the most difficult issues the armed forces has faced." Powell has made clear his opposition to President Clinton's views on the subject though saying the military will conform to official policy. Col. William Woodruff, a retired Army lawyer, says that by admitting homosexuals the military would invite conduct that would lead to "disruption of cohesion, the disruption of good order and discipline." Wells-Petry argues that banning homosexuals from military service is a personnel issue no different from bans on single parents, overweight people and those who haven't completed high school. "Such policies are not anti-anybody," she writes.

"They are simply pro-military." "Such policies are intended to give America the best possible fighting force," she says. "They are also designed to discriminate between those classes of individuals whose potential for successful soldiering is strong and those whose potential is weak." Capt. Bill Buckner, an Army spokesman, confirmed that "we do not allow single parents to join the ing industry are projected to raise an estimated $35 million over the 2-year period, state Taxation Director Perry Comeaux said. Comeaux said the revenue projections were based on anticipated gold prices of $360 per ounce next year and $365 per ounce in 1995. The price Tuesday was $331.

Sales tax contributions to the general fund are estimated to increase 4.5 percent in 1994 to $327 million, and 2.3 percent the following year to $334 million, state Budget Director Judy Matteucci said. Sales and use taxes account for 31 percent of available state funds, the second largest revenue source behind gaming. Senate Finance Chairman Bill Raggio, R-Reno, questioned whether Miller's proposal to provide a business tax exemption for companies employing four or fewer workers could impede new hiring. Small employers complained the business tax passed by the 1991 Legislature is unfair because they pay a higher rate per employee than larger companies. The current law also limits maximum collections from major casinos, big mines and other large companies to $400,000 annually.

Comeaux estimated between 17,000 and 18,000 business, or about half of the businesses in Nevada, would be eligible for the exemption. He added seven or eight companies would pay more if the cap is lifted. Comeaux projected the tax would generate $102 million over the next two years. COMMISSION CO SAL Stop in and see the Western Artwork on display by: Rusty Houtz Bob Cavender Lowell Swendseid CARSON CITY (AP) New gambling mega-resorts in Las Vegas will help provide tax revenues needed to support Gov. Bob Miller's proposed $6.1 billion, 2-year spending plan, lawmakers were told.

But one legislative money committee member, during a briefing on revenues projections, questioned whether the big resorts really will do that much for state coffers. About 42 percent of the state's general fund comes from taxes imposed on the gaming industry. The largest revenues are raised through quarterly license fees paid by casinos based on gross revenues. While gaming taxes over the past two years have slumped, officials predicted healthy license fee collections in 1994 and 1995. Bill Bible, chairman of the state Gaming Control Board, said he expects $361 million in license fee collections this fiscal year, a 5.5 percent increase over last year.

Revenues should jump 10 percent in 1994 to $397 million with the opening of three new mega-resorts in Las Vegas, Bible said. As the novelty of the resorts wears off, a more modest increase of 6.4 percent, for a total of $422 million, is estimated the following year. But Sen. Bill O'Donnell, Las Vegas, said unless there's a significant increase in tourists, gamblers would just take their business from one casino to another. Bible countered that visitor totals in Las Vegas continue to rise, and the opening of new resorts tends to draw additional tourists at the onset Revenues from taxes on the min We've tried to make checking accounts less complicated.

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