UNIVERSITY DAILY KANSAN
Wednesday, January 18, 1995
8B
Prosecution drops request for records
The Associated Press
LOS ANGELES — Prosecutors in the O.J. Simpson trial yesterday abruptly dropped their effort to see medical records seized from Simpson's two older children. No explanation was given.
"We have satisfied that particular investigatory need in other ways," said Deputy District Attorney Cheri Lewis at a brief hearing before Superior Court Judge John Ouderkirch.
Ouderkirk ordered that the records, contained in bulky envelopes sitting at his bench, be returned to the children's doctor. The judge also said an affidavit file with the search warrant would remain under seal because its contents could hurt Simpson's chances for a fair trial.
Prosecutors never saw Jason and Arnelle Simpson's records, which were handled by a special master. Since court papers were sealed, it wasn't known when the records were seized or what authorities planned to do with them.
The two, both in their 20s, are Simpson's children by his first wife, Marquette. Their attorneys were considering a court fight over the prosecution subpoena of the records. The return of the documents made such a fight unnecessary. Ouderkirk didn't indicate how he would have ruled.
In another development, the court unsealed documents today naming 200 people whom the prosecution added to its witness list relatively recently. The list, dated Jan. 9, includes a number of friends of Simpson's slain ex-wife, Nicole Brown Simpson, as well as Fred Goldman, the father of Ronald Goldman, the second murder victim.
The list was part of a defense motion, unsealed today, involving further sparing over late additions to the prosecution's list of potential witnesses. The defense contends that it hasn't had time to fully investigate the new names.
After a similar defense objection, Superior Court Judge Lance Ito ruled Jan. 5 that people recently added to the prosecution witness list late in the process could not be mentioned in opening statements or put on the stand early in the trial.
The moves came just days before opening statements, set for Thursday or Friday, and as attorneys awaited a crucial ruling by Ito on whether to allow domestic violence evidence at trial. Ita said that ruling could come as early as sometime today.
Earlier this week, Simpson's lawyers battled among themselves over press leaks, with lead attorney Robert
Shapiro likening F. Lee Bailey to a snake and Bailey ripping Shapiro's "public outburst."
All the while, Simpson sits in jail paying these men hundreds of dollars an hour not to get along, with one of the most important points in the trial — opening statements — just days away.
"Simpson needs this like he needs a hole in the head," said Southwestern University law professor Robert Pugslev.
But, like many analysts, Pugsley thinks the defense machine will keep on rolling, and this unseemly little squabble will cause hardly a bump. "It won't hurt them," he said.
Also, the publicity from the squabble will not reach those whose opinions most matter: the jurors and alternates, sequestered last week.
Still, it doesn't look good.
After weeks of reports all denied — of disagreements in the defense team, the dispute bubbled to the surface this weekend, with Shapiro telling The New York Times and the Los Angeles Times that he's fed up with Bailey.
Shapiro called for Bailey's ouster from the legal team, accusing Bailey of leaking information to the media and
causing "irreparable harm" to Simpson.
causing "irreparable harm" to Simpson. An internal investigation reportedly found Bailey was the source of repeated news leaks. Shapiro said it was up to another attorney, Johnnie Cochran Jr., to decide whether to keep Bailey, although ultimately the decision is likely Simpson's.
Bailey's office responded Monday with a statement saying: "Mr. Bailey is much distressed to hear that Mr. Shapiro has elected to air his woes through the media."
"This case is not about Mr. Shapiro or Mr. Bailey," the statement said. "It's about O.J. Simpson, an innocent and wrongly accused man who can hardly feel well served on the eve of trial by this public outburst."
The statement didn't respond to the allegations about the press leaks and didn't say whether Bailey was still on the case.
Neither Shapiro nor Cochran was available for comment. Shapiro's secretary said he was busy preparing the case and wasn't doing interviews. Cochran declined to return numerous phone messages left at his office.
Bailey and Shapiro had been close friends for years.
Jurors profiled for Simpson murder case
The following is a look at the 12 jurors for O.J. Simpson's double-murder trial.
The Associated Press
—A 50-year-old divorced African-American woman who works as a vendor said she respects Simpson as an individual based on his past accomplishments.
—A 20-year-old single African-American woman, flight attendant said she saw Simpson in "Roots" and "Naked Gun" movies and "he seemed like he would have a good sense of humor."
A 32-year-old single man, half Hispanic and half African-American, who delivers Pepsi said Simpson was "a great football player."
A 37-year-old married African-American woman, who works in a post office, said she doesn't think Simpson "acts too well" in movies and described the freeway pursuit that ended in Simpson's arrest as "stupid."
—A 38-year-old married African-American woman is an employment counselor who has referred domestic violence victims to other agencies.
A 52-year-old divorced African-American woman who is a clerk described Simpson as "only human."
—A 46-year-old married African-American man is a courier whose brother works for a professional football team and has dealt with Simpson. The juror thought Nicole Brown Simpson was "desperate" when she made the 911 call.
A 22-year-old single Caucasian woman who handles insurance claims said she was shocked when she heard Simpson was a suspect.
Two jurrors reportedly were dismissed by Judge Lance Ito after an investigation of jury misconduct, sources told the Daily News of Los Angeles late Friday.
If any jurors are dismissed or cannot continue service, their replacements would be selected randomly from a list of 12 alternates.
Clinton looks to disaster-plagued California for votes
The Associated Press
SANTA MONICA, Calif. — Nobody claims they can fool Mother Nature, but President Clinton wants California voters to believe he at least makes it easier to cope with her.
With 54 electoral votes at stake in the 1996 presidential election, the White House cannot afford to look laggard in responding to California's natural disasters — fires, floods, mud slides or earthquakes.
In a one-day visit loaded with political implications, Clinton yesterday touted his administration's goodwill effort after last year's earthquake and promised even more help for this year's flood victims.
"You could bill yourselves as a full-service disaster area," Clinton joked Monday night, arriving in south-central Los Angeles to commemorate Martin Luther King's birthday.
Yesterday was the first anniversary of the Northridge earthquake, which killed 61 people, injured at least 9,000 and caused $20 billion in property damage, buckling highways and crumbling homes. It was the most expensive natural disaster in U.S. history.
The White House said nearly $11.5 billion was made available in recovery efforts, with direct aid going to more than 600,000 people.
Clinton was visiting California State University at Northridge yesterday to talk to quake survivors, tour rebuilding projects and address the community.
Afterward, he was expected to visit flood rescuers at a local fire station. He was then traveling to Roseville, Calif., to walk a flood-streken street and talk to local residents.
Storms battering California for almost two weeks created floods and mud slides that killed at least 11 people and caused an estimated $300 million in damage.
Eager to show his sympathy, Clinton produced special radio and television addresses for California last week. Aides bragged that the administration took less than an hour to approve Republican Gov. Pete Wilson's request for federal aid.
More than 10,000 people already have applied for the aid, hoping for loan guarantees, temporary shelter or direct aid. Several agencies have anted up, including the Transportation Department, which released $5 million Jan. 12 and was to provide another $15 million yesterday.
Applauding the resilience of Californians, Clinton told the crowd, "You keep coming back!"
Aides shrugged off suggestions that Clinton's disaster response was politically motivated. But they said it was important to get the federal government involved quickly and visibly: otherwise, voters blame the president.
"I think Americans have the right to expect the government to act swiftly. I don't think there's anything political about that," press secretary Mike McCurry said.
Clinton, who won California in the 1992 election and has always found political socea here, has watched his political fortunes sag in recent months. The most recent Los Angeles Times poll showed him with a 50 percent approval rating in the state, higher than his national average. But that was in October, and the political landscape has changed drastically since then.
Hearings to find the effectiveness of Job Corps
The Associated Press
WASHINGTON — As Republicans bring new critical scrutiny to the Job Corps, the Clinton administration sought yesterday to portray the 31-year-old Great Society program as effective at opening opportunities for needy young people.
"There are areas that can be improved, and we are working hard to do that," said Assistant Labor Secretary Doug Ross. "But the bottom line is, it works."
Sen. Nancy Kassebaum R-Kan., who heads the Senate Labor and Human Resources Committee, is scheduled today to begin two days of hearings into questions about the Job Corps' effectiveness and problems of violence at some of its 111 centers.
The Job Corps, which began in 1964 during President Lyndon B. Johnson's war on poverty, enrolls about
60,000 poor, largely minority, young people a year in remedial and vocational training. During six months of training, they get a room, meals, medical care and counseling.
Private contractors operate 78 of the centers, with the federal government and Indian tribes with a university running the remainder.
Kassebaum said her hearings would "explore major problems" identified by the Labor Department's inspector general. Among those findings were a failure to measure benefits of $100 million in expenditures, high dropout rates and a small percentage of graduates actually using the skills for which they were trained.
The senator also said she was concerned about violence among Job Corps students, including an incident Saturday in which a 19-year-old student in Knoxville, Tenn., allegedly
was slain by three other Job Corps students.
Kansas has one Job Corps center, in Manhattan. About 250 students are enrolled their each year. Centers in Missouri include Excelster Springs, Puxico and St. Louis and enroll about 1,500 youths.
Ross, seated at a news conference between two graduates of Job Corps programs, said yesterday that Congress should examine the program. But he said the program helps 38,000 young people from impoverished circumstances find work each year.
Annual average per-student costs of the $1 billion program, Ross said, come to about $15,000, which is less than the cost of attending a public university over a similar 32-week period.
"It is slightly less than half the cost of sending someone to Boys Town."
The plan also resulted in the cutoff of new students to a North Carolina Job Corps center considered unsafe and the termination of the contract for another center in Texas.
In the past three years, violence has killed 31 Job Corps participants, including two slain at program centers. Rosssa said the Labor Department in June began a "zero tolerance" antiviolence plan and in 1993 kicked out 8,000 students mainly for disciplinary reasons.
Mario Marquez, 36, a sixth-grade dropout with an IQ of 65, was also accused of raping and strangling his estranged wife in the attack but was never tried for the crime.
Mentally retarded man executed in Texas
HUNTSVILLE, Texas — A killer with the mind of a child was executed by lethal injection early yesterday for raping and strangling his 14-year-old niece.
Ross said, referring to the Nebraska orphans home made famous by a movie that House Speaker Newt Gingrich champions as a partial solution to the welfare state.
"This is not a missionary venture. This is not about savings souls," Ross said. "This is about providing opportunity for young people who are ready to step forward and take responsibility."
In a final statement, he apologized but added that he was not responsible for all of what happened.
After a brief prayer, Marquez said was ready to "come home" and gasped once after he was injected. As witnesses left the prison, some people gathered outside cheered.
The Associated Press
It was the second execution this year in Texas and the 259th since the Supreme Court allowed states to resume using the death penalty in 1976.
winglydoes not want mentally retarded people to be executed," Robert McGlasson said. "We believe there is plenty of evidence now to show that evolution has come about."
Marquez's lawyers argued that retarded people should not be put to death.
Edwin Springer, who prosecuted Marquez, countered: "He wasn't so mentally retarded he didn't know right from wrong. He's a very dangerous individual. I have no reservations. I have no doubts. He's quite capable of doing it again."
The public in the country over-
In 1989, the Supreme Court, in a 5-4 decision, said the Constitution's ban on cruel and unusual punishment does not prohibit the execution of juveniles as young as 16 or adults with the reasoning capacity of children.
At least four other convicted killers who were considered retarded or claimed to be retarded have been put to death in recent years in Texas, which has executed 86 men since 1982.
quez was beaten with sticks, boards and whips by a father who thought he was "slow." Once abandoned to the streets at age 12, he turned to sniffing paint and doing drugs.
Testimony indicated Marquez killed his estranged wife because he believed she had been unfaithful. The bodies were found at the Gutierrez home in a San Antonio housing project, where Mrs. Marquez was living with her mother.
He was arrested in the slayings of his wife, Rebecca, 19, and her niece, Rachel Gutierrez.
Defense attorneys argued that Mar-
When Marquez's mother-in-law returned home, he showed her the bodies, then sexually assaulted the woman before fleeing, prosecutors said.
Springer recalled that Marquez tried to attack a TV cameraman while being taken to court, stabbed a fellow inmate with a ballpoint pen and threatened to kill a prosecutor at the trial.
"The judge thought he was so dangerous he had him shackled in the courtroom," Springer said.
Cars crash into Chunnel
The Associated Press
LONDON — The Channel Tunnel has run into a new hurdle, or at least some cars trying to use it have.
About 100 cars have been damaged — 25 seriously — while driving onto the train for the 32-mile trip under the English Channel.
Eurotunnel, which operates the tunnel, said the undersides of low-slung models such as Farraris and Lotuses have scraped against metal barriers while being loaded.
Eurotunnel representative Jane Bowles said yesterday the damaged cars represent only a fraction of the 90,000 vehicles the tunnel has carried between Folkestone, England, and Calais, France, since opening last year.
Most of the damage has been minor, like ripped off exhaust pipes, she said.
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