Spokane Chronicle from Spokane, Washington • 6

..9 A6 SPOKANE CHRONICLE, NOV. 10, 1987 A6 SPOKANE CHRONICLE, NOV. 10, 1987 1 Adams gets help in N-waste site fight REGIONAL Inane or devious? Attorneys paint opposing pictures of Goldmark killer REGIONAL I It was a tactical victory." Barbara Smith SEATTLE Royer aide named to state House post Cal Anderson, an aide to Mayor Charles Royer, has been chosen to fill the 43rd District seat in the state House of Representatives that became vacant when Rep. Janice Niemi was elected to the state Senate. Anderson was the first choice of the legislative district's Democratic precinct committee members.

However, Pat Thibaudeau, the committee's third choice, actively campaigned for the seat raising the possibility of splitting the Democratic majority on the County Council and giving Republicans control over the le named louse post )n, an aide to May- )yer, has been cho43rd District seat ouse of Represent-came vacant when liemi was elected nate. ras the first choice ive district's Dem- Associated Press WASHINGTON Washington Democratic Sen. Brock's Adams picked up some key support today in his effort to block a bill narrowing the possible sites for the nation's first high-level radioactive waste dump. Adams, who picked up support from the chairman, the ranking minority member and two others on the Senate Enivronment and Public Works Committee, also claimed a tactical victory in his effort to continue a Senate filibuster. The Senate, on an 87-0 vote, approved a motion limiting debate on the bill, at least temporarily.

However Adams indicated his filibuster Senate, has proposed the department study one site rather than three simultaneously. Johnston has said his proposal would save $3.9 billion. But Adams has said that the department's selection process has so far been based on politics rather than science and there is no reason to trust the department further. Among those who offered support for Adams today were Sen. Quentin Burdick, chairman of the Senate Environment Committee; Sen.

Robert Stafford, ranking Republican on the committee; and two other committee members, Sen. Alan Simpson, and Sen. John Breaux, D-La. Adams launched a filibuster last week designed to delay passage of the $18 billion energy and water appropriations bill that includes provisions that would direct the Department of Energy to study one site rather than the present three under consideration for the nuclear waste dump. Under current law, the Energy Department is proceeding with plans for extensive studies of sites at the Hanford nuclear reservation in Washington state, and in Nevada and Texas.

Sen. J. Bennett Johnston, chairman of the Senate Energy Committee and considered one of the most powerful members of the might be far from over and that other parliamentary delay tactics were still possible. Adams voted for the motion limiting debate to no more than 30 hours after Senate leadership agreed to consider separately provisions in the bill changing the 1982 Nuclear Waste Disposal Act. "It was a tactical victory," said Barbara Smith, an Adams spokeswoman.

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30 OFF 0130 OFF Associated Press OLYMPIA "Demented" or devious? Confused anti-communist or cold-blooded murderer? Prosecutors and defense law- yers painted di- ametrically op' posing pictures of David Lewis Rice, the 28-year-old man who awaits execution for the Christmas Eve, -1- 1985, slaying of a Rice prominent Seattle family. In arguments before the Washington Supreme Court on Monday, attorneys sparred for more than three hours over the central issue of Rice's mental capacity. It's a landmark case for the high court, since it's the state's first death penalty case involving the insanity plea. The U.S. Supreme Court has ruled it unconstitutional to execute an insane defendant.

Rice was convicted last June of aggravated first-degree murder in the slayings of Seattle attorney Charles Goldmark, his wife Annie and their sons Colin and Derek, using a steam iron and a carving knife. The jury then imposed the death penalty. Rice is one of eight men now on Death Row at Walla Walla. None has an execution date; all are appealing. Defense attorney Michael Frost said Rice was "demented" and suffered such grave mental problems he should not be held accountable for his actions.

But Robert Lasnik, chief of staff for the King County prosecutor, said Rice was faking "ersatz-insanity" to avoid punishment for a clear-headed, cold-blooded robbery and murder spree. He said the defense is asking the court to twist the insanity laws to include mere mental problems as a defense. Frost used the term "demented" a number of times to describe Rice's obsession with a perceived communist threat and his supposed role as a soldier in a covert war against the communists. "In late 1986, David Lewis Rice became obsessed with the belief that the United States was about to be invaded by communists," Frost said. "He developed an infatuation with survialist-type mentality, read 'Solider of and believed his purpose on earth was to 'fight the "He believed armed troops were poised at the Canadian borders and the Mexican border.

He was convinced in his own demented mind that war was imminent." Rice mistakenly thought Gold-mark was part of 'the secret communist society in Seattle" and killed the family in a panic on a visit intended to interrogate him, Frost said. "He felt justified 'sometimes soldiers have to kill and sometimes soldiers have to be the attorney added, A new U.S. Supreme Court ruling terms it cruel and unusual punishment to execute an insane defendant, he noted. A person with a mental disease or defect is unable to be deterred by criminal laws, "and there is clear evidence Mr. Rice suffered from mental illness or defect," he said.

Justice Barbara Durham challenged Frost from the bench. A psychologist testified at the trial that Rice knew right from wrong, apparently sped up the murders to avoid detection, spent a month preparing, and apparently felt remorse over killing the two boys, Frost replied that Rice felt he was on "a military exercise." He likened Rice's actions to the My Lai massacre in Vietnam or the bombing of Hiroshima. "He sees these people as the enemy, not as human beings," Frost said, adding later, "He was acting under severe mental disturbance." Frost said Rice has "a more subtle form of insanity. At many times, Mr. Rice masks his insanity quite well." But Lasnik urged the high court not to substitute its judgment for that of the jury that rejected the insanity defense, and that refused even to grant leniency in the penalty phase.

"They weren't buying what David Rice was selling," Lasnik said. "Mr. Rice may be a disturbed individual, but was not legally insane or even close to it. He was acting as a criminal on that day and ought to be punished for it." Rice is wrongly asking the court to broaden state law and state and federal court rulings by expanding the protection of the insane to include people with mental disturbances, Lasnik said. "A jury of very civilized people rejected the insanity defense" in this case, and wouldn't even use it as a mitigating factor to back away from the death penalty, he said.

"David Rice formed the intent to commit those crimes" and later faked "an ersatz-insanity defense" to try to cover his tracks, Lasnik said. "David Rice killed the Gold-marks because he needed the money and they were 'communists' and the children saw him," Lasnik said. He showed a "cold, chillingly calculated state of mind," he said. The court took the case under advisement, and gave no indication when it would rule. VELOUR COVERALLS Reg.

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