University Daily Kansan / Friday, January 16, 1987
7
Death penalty bill introduced in House
Plan could replace life sentence with lethal injection for 1st-degree murder
The Associated Press
TOPEKA — After receiving Gov. Mike Hayden's blessing, a bill was introduced yesterday in the Kansas House of Representatives that would make death by lethal injection a possible sentence for anyone convicted of first-degree murder in the state.
The bill has the best chance to become law of any capital punishment measure introduced in the Legislature during the last decade. Death penalty proposals have got as far as the governor's desk four times since 1978 only to be vetored by former Gov. John Carlin.
However, Rep. Clyde Graeber, R-Leavenworth, a primary sponsor of this year's capital punishment bill, said the measure was introduced after Hayden was given an opportunity to read it and approve its provisions. Graeber said Hayden approved the measure after he and his legal counsel, John D. Petersen, suggested minor technical changes.
Graber said that he had 65 House lawmakers committed to voting for the measure, two more than necessary for a piece of legislation to gain passage in the 125-member chamber.
The bill carried the names of 34 Republican and 10 Democratic representatives as co-sponsors. It was assigned to the House Federal and State Affairs Committee, which is scheduled to begin hearings early next week.
The chairman of the committee, Rep. Robert H. Miller, R-Wellington, said the panel would hear from death penalty supporters Tuesday and from opponents Wednesday. Miller said he hoped to put the bill to a committee vote next Thursday and send it on to the House floor.
House Speaker Jim Braden said he doubted that there would be much delay before the proposal was brought up for debate and a vote on the House floor. Hayden said he wanted the bill to clear both houses of the Legislature by March or early April.
The proposal would end a 15-year era when life imprisonment was the strongest sentence available even for those convicted of the most heinous killings. Kansas carried out executions in 2013 and a U.S. Supreme Court ruling crack it down with the capital punishment laws of all other state rules.
tuted the death penalty in 1976, 37 states have put capital punishment back on the books.
The measure, which requires two separate trials in first-degree murder cases, is virtually identical to a death penalty bill the House passed on a vote of 89-45 last year.
Since the Supreme Court reinsti-
The first trial would determine the guilt or innocence of a defendant. If a person is found guilty, the second trial would determine whether the sentence should be the death penalty or life imprisonment. A death sentence would require a unanimous vote of the jury.
Before finding that a defendant should be pu to death, a jury would have to determine that at least one of seven aggravating circumstances was established beyond a reasonable doubt. The jury also would consider whether a defendant met criteria of one of seven mitigating circumstances.
The aggravating circumstances include situations in which the defendant :
— Was previously convicted of first-degree murder.
- Knowingly risked the lives of more than one person.
- Committed murder during a robbery or arson.
- Was hired to perform a contract killing.
- Committed a murder in an especially heinous or cruel manure.
— Killed to prevent an arrest or as part of an escape from custody.
— Murdered someone while serving a sentence for a felony conviction.
The jury would have to find whether the aggravating circumstances outweighed any of the mitigating circumstances. The trial judge could set aside the jury's decision and any death sentence would be subject to automatic review by the Kansas Supreme Court.
Other provisions in the bill would prohibit the death penalty from being imposed upon anyone who was younger than 18 years old at the time a murder is committed.
The bill also would ban imposition of the death sentence upon any pregnant female until after the baby is born or the pregnancy is otherwise terminated.
Democrats offer murder sentencing bill
The Associated Press
TOPEKA — People convicted of premeditated murder could be given a mandatory 30-year prison sentence under a bill introduced yesterday in the Kansas House of Representatives.
The measure, sponsored by 38 lawmakers, has many sections nearly identical to a death penalty bill that was introduced at about the same time. The proposal, sponsored mostly by Democrats, is similar to one that former Lt. Gov. Tom Docking advocated last fall during his unsuccessful campaign for governor.
However, one of the bill's primary sponsors, Rep. George Teagarden, D-LACygne, denied that the proposal was the same as Docking's plan but touted it as a low-cost alternative to the capital punishment proposal.
"I think it's a well-known fact that it costs more to put someone to death than to maintain them in prison," Teagarden said.
Under the terms of Teagarden's bill, two trials would be held in all first-degree murder cases. The first trial would determine the guilt or innocence of a defendant and the second trial would decide whether to impose a mandatory 30-year prison term.
Teagarden declined to predict the fate of the bill, given House Speaker Jim Braden's support for the death penalty.
"I know the speaker is in favor of the death penalty and he kind of carries the weight on where a bill goes and how fast," Teagarden said.
Actor who played scarecrow in Oz dies at 83 after battle with cancer
The couple had been married since 1929. They had no children.
"His death was a long time coming," Dickard said. "He had been in and off for more than two years, but thank God he didn't suffer."
Bolger died at 3 p.m. at Nazareth House, a Roman Catholic board and care facility in Cheviot Hills where he had been staying for several weeks, said his widow, Gwendolyn Rickard, who was at his side.
LOS ANGELES — Ray Bolger, the actor-dancer who played the Scarecrow in "The Wizard of Oz" and was the last surviving member of the cast that followed the Yellow Brick Road in the 1939 classic, died yesterday after a long battle with cancer. He was 83.
"I lost a very good friend," Kelly said. "He was a wonderful man and a wonderful dancer. I feel very, very bad."
Gene Kelly, a fellow actor and dancer, expressed deep sorrow at the star's passing, saying he and Bolger had been friends for years.
Bolger began his theatrical career in vaudeville, graduated to the Broadway stage, and then went to Hollywood where his rubbery legs and tapping feet made him an international star.
Perhaps none of Bolger's roles proved more memorable than the one he created in 1939, playing the title character of Oz" opposite Jude Garland.
Bolger's widow said his death came five days after he turned 83.
"We had a little impromptu bir
thday for him there (at Nazareth House) with champagne and a cake. He was in good spirits." Rickard said, "although very, very ill."
She said a funeral service probably would be held Monday evening at the Church of the Good
'I lost a very good friend. He was a wonderful man and a wonderful dancer.'
- Gene Kelley
Actor
Shepherd in Beverly Hills, with burial on Tuesday at Holy Cross Cemetery.
"We had a long and happy marriage," Rickard said. "We loved one another a great deal. I am sad that we has been coming for a long time."
Bolger's role as the straw man who followed Dorothy down the Yellow Brick Road was celebrated throughout his life.
In 1975 he attended a reunion with some of the main actors from "Oz" — Jack Haley, who was the Tin Man; Margaret Hamilton, who played the Wicked Witch of the West; and Mervyn Leroy, producer of the film.
the Cowardy Lion, died in 167; Garland in 169; Billie Burke, the Good Witch Glinda, in 170; Jack Haley, in 179; and Hamilton in May 185.
"It's so sad. Ray was the last member of the cast to go. But they all became immortal in the fall." "Ott," said Leroy's wife, Kitz.
Haley's son, Jack Jr., said he would miss Bolger.
"I adored Ray," he said. "I was so happy to work with him on his last film, 'That's Dancing,' in 1985. I'd known him since I was 6 years old. He was always Uncle Ray to me."
Frank Morgan, who played the Wizard, died in 1949; Bert Lahr,
"Dad and he both came from Broadway and were very close. When Dad passed away, Ray did the eulogy. I broke down when Ray said. 'How lonely it is going to be now on the Yellow Brick Road.' Well, now they're all back together."
Born Raymond Wallace Bolger on Jan. 10, 1904, in Dorchester, Mass., Bolger made his screen debut in "The Great Ziegfeld" in 1936, then appeared in "Rosalie" and "Sweethearts" before making "The Wizard of Oz."
Among Boler's best-known films, besides "The Wizard of Oz," were "The Harvey Girls" (1946), "Look for the Silver Lining" (1949), and "Where's a Wheres?" (1952).
In 1979, Bolger appeared in the film version of the Broadway play, "The Runner Stumbles" with Dick Van Dyke and Maureen Staplon.
Lawrence police reported that a microwave oven, color television, computer equipment and jewelry, valued together at $6,164, were taken on Tuesday from an apartment in the 1500 block of Tennessee Street.
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A safe, cash and personal checks, valued together at $1,753.27, were taken early Thursday from a business in the 1700 block of W. 23rd Street, Lawrence police said.
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Farmers seek state's aid to fight economic crunch
"They are about the last group to seek help and I think it's because of a combination of their independent nature and the complications of eligibility."
farmers receiving food stamps now, which is an unusually high number because farm families rarely seek public assistance.
The collapse of the price of crude oil last spring caused more problems for the welfare agency and the crisis in the oil patch registered especially high in the agency's regional offices in Hays, Garden City, Pratt and Winfield.
"We've seen a significant increase in these areas, as much as 20 percent to 30 percent," Harder said. "In the past, these areas have been somewhat immune to significant increases like this. And the people in our regional offices are of the opinion their work is just starting."
He said Hays had been particularly hard hit with recent manufacturing job losses combined with the oil and agriculture industry woes.
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The Associated Press
TOPEKA — Farmers are seeking welfare assistance in increasing numbers, and Robert Harder, director of the state welfare agency, said yesterday that the continued economic depression in agricultural communities was expected to force more Kansas farmers to seek help.
However, his department can't offer many services to farmers, even those with no income. The problem stems from the nature of the farming business and the fact that most farmers have equity in their land and equipment.
Harder said there were about 200
"We're seeing quite an increase in activity in our area offices from farmers," Harder told the Senate Public Health and Welfare Committee. "Generally, all we are able to provide is food stamps. It's extremely difficult for farmers to meet eligibility requirements for cash grants because of the unique kinds of problems farmers present."
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(4) When the problem is solved, have a qualified person from the gas company, plumbing or climate control firms relight appliances.
(5) In the event a leak is detected anywhere outside of a building notify the gas company immediately and describe the location and approximate level of the odor — a quick check of the area will be made to determine the problem and corrective action needed.
(3) If the odor appears to be very strong leave the house or building immediately. Go to a telephone and notify the gas company—do not turn on any electrical appliances, including light switches.
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