9 Bill on death penalty fails by John P. Milburn Kansan staff writer TOPEKA — Efforts to reinstate capital punishment in Kansas failed yesterday after lengthy discussion in the packed Senate chamber. Senate Bill No. 38, known as the death penalty bill, was defeated 22-18 in a roll call vote. Efforts to reconsider the bill also failed. University Daily Kansan / Thursday, February 2, 1989 Passage of the bill would have made Kansas the 38th state to have the death penalty. Death would have been by lethal injection at the Lansing State Penitentiary. Gov. Mike Hayden last month said he would sign a death penalty bill if it reached his desk, something his predecessor had refused to do in 1980, 1981 and 1986. Norma Daniels, D-Valley Center, said during the debate that if the bill passed, it would be difficult to change pex year. "Are we a state that uses killing to stop killing?" Daniels asked. Daniels served on the federal and state affairs committee that listened to two days of testimony last week. She urged the Senate to declare a partyocracy because it was not an issue of party ideology but of life, humans and policy. humans and poetry The Senate, however, displayed partisan voting with 16 Democrats votes against the bill and two in favor. Sixteen Republicans voted for the bill and six opposed it. One Democrat who voted in favor of the bill was Janice McClure, Sublette, who said she was a victim of abuse by her husband. McClure amended the bill to exempt persons who suffered from post-traumatic stress syndrome, a syndrome suffered by abused people. The concern that the death penalty would discriminate against blacks and other minorities was voiced by Gene Anderson, D-Wichita. Andersen to the Senate this month pointed out the death penalty long before he became a senator. He said his bitterness grew after reading about a black soldier who was made a war hero for his actions in Vietnam. When the soldier's home-memory came to light, he buried in the cemetery that was for whites. Anderson became infurished. He said he voted against the dead, penalty for those blacks who died in Vietnam for freedom that they don't enjoy when they returned home. Anderson said statistics showed that of 106 executions in the nation since 1976, 57 were of whites who killed whites and 32 were of blacks who had killed whites. No cases had been of whites killing blacks, he said "Taking someone's life will make someone feel at ease," Anderson said. a concern for money and time spent by the state to impose the death penalty was expressed. The arguments had been heard when the death penalty was debated in previous years. ous years. Wint Winter, R-Lawrence, who voted against the bill, said the state could spend up to $3 million and 10 years on each case. He said that 35 percent of the cases before the Mississippi Supreme Court were death sentence appeals. Ed Reilly Jr., R-LEavenworth, chairman of the federal and state affairs committee, said that arguments about cost, deterrence and discrimination were viable, but that the poll showed the state wanted the death penalty as an option for murder criminals. The Associated Press "We are not sent here to do our will, but the will of the people who sent us here," Reilly said. "Whether or not you like polls, the governor and our president were elected because they advocated stiffer penalties for murder." Report lists bus crash causes WELLSVILLE (AP) - A school bus that crashed last week, killing the driver and a student, was being driven too fast for muddy road conditions, a Franklin County Sheriff's Department report said. The report also listed driving left of center and intentiveness as contributing to the accident last Wednesday. dale Dale R. Thomasson, 46, of Wellsville, a teacher and bus driver, and Loren Newkirk Jr., 8, a first-grader, died when the bus left the road and slid into a creek. "He drove that road every day," Capt. Craig Davis said of Thomason. "He drove it in rain before. He was the regular morning bus driver for that route every day this year. My first feelings were right. He was driving too fast for the conditions." Davis' report said the northbound bus was approaching a bridge over Walnut Creek on a rain-slickened county road six miles east of Ottawa. "When the bus began to slide he locked up the brakes," Davis said. His car stopped and that caused the axle to ride up and bounce on top of the ridge rail itself." The bus then turned counterclock wise and slid on its top before beginning to roll over, the report said. Twelve students, ranging in age from 7 to 17, were on board when the bus left the roadway. Bill Raley, 16-year-old Wellesville High School sophomore, helped all but two of the occupants out the back door before the bus made its first roll. The driver, who had tried to get Newkirk from the bus but was unable to reach him. Preliminary autopsy reports listed the cause of Thomasson's death as drowning or extensive internal injuries. Drowning was listed as the cause of Newkirk's death. Boy, 10, takes gun to school; no one hurt The Associated Press OLPE = A 10-year-old boy brought a loaded shotgun into St. Joseph's Catholic School yesterday, but two teachers and a custodian persuaded him to give them the weapon, officials said. The child was being held in juvenile detention at the Lyon County Jail in Emporia, said Clifford Hacker. Lyon County Sheriff. Deputy Gary Sadoski said no shots were fired. "The juvenile confronted two teachers and a custodian with the shotgun," Sadoski said. 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