Daily Nebraskan
Tuesday, July 1, 1986
By the Associated Press
Page 2
Drifter sentenced
NORTH PLATTE - A 25-year old
man whom authorities described as
a drifter was sentenced Monday to
life in prison for the murder of a
Sutherland man at an Interstae 80
rest area.
Judge John P. Murphy imposed
the sentence on Peter Wade Stiff re-
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Georgia sodomy law nplieldl
'No constitutional rights to private homosexual conduct'
WASHINGTON The Supreme Court,
upholding a Georgia sodomy law by a
5-4 vote, ruled Monday that consenting
adults have no constitutional righ' to
private homosexual conduct.
The ruling was limited to "consen
sual homosexual sodomy." But nothing
in its sweeping language cast doubt on
the constitutionality of state laws that
also make heterosexual sodomy a crime,
even when performed by married
couples.
"The proposition that any kind of
private sexual conduct between con
senting adults is constitutionally insu
lated from state proscription is unsup
portable," Justice Byron R. White wrote
for the court.
The Georgia law, which White said is
similar to those in half the states,
defines sodomy as "any sexual act
Report says
Rogers died
of overdose
SACREMANTO, Calif. A cocaine
overdose triggered a massive heart
attack that caused the death of football
star Don Rogers, according to a coron
er's report released Monday.
Laboratory tests on blood, urine and
other body fluids taken during an
autopsy of the Cleveland Browns defen
sive back revealed the presence of the
same drug blamed for the June 19
death of University of Maryland bas
ketball All-American Len Bias.
Sacramento County toxicologist
James Beede said the 5.2 milligrams
per liter of cocaine found in Rogers
blood was a "fatal level" of the drug.
Coroner Charles Simmons said the
tests revealed the cause of death was
due to "cocaine poisoning," and ruled
the method of death accidental, with
no other drugs involved.
Rogers, who died Friday one day
before he was to be married, "had
enough drugs in him to kill an ele
phant," said coroner's senior investiga
tor Roger Kaseman.
Pathologist Dr. Joseph Pawlowski,
who conducted the autopsy on Rogers
on Saturday, said the result s of tests on
Rogers' blood, bile and urine confirmed
his belief that Rogers died of a drug
overdose, despite many claims by friends
and teammates of the player that he
never used drugs.
Rogers, 23, was a Rose Bowl hero for
UCLA, a No. 1 pick by the Cleveland
Browns in the National Football League's
1984 college draft, and the AFC Defen
sive Rookie of the Year. He was voted
the Browns' hardest worker in each of
his two seasons.
Bias, 22, was an All-American for
ward for the University of Maryland and
a No. 1 pick by the Boston Celtics in the
recent National Basketball Association
draft.
NsraaMcan
34 Nebraska Union
1 400 R St., Lincoln, NE 68588-0448
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Kent Endacott
Jeff Korbelik
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Julie Jordan Hendricks
Jeff Apel
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ALL MATERIAL COPYRIGHT 1966 DAILY NEBRASKAN
involving the sex organs of one person
and the mouth or anus of another."
In its sodomy decision, the court
refused to recognize private homosex
ual conduct as a "fundamental right"
deserving of the Constitution's fullest
protection.
The court ruled previously that deci
sions to marry, have children, practice
birth control or have an abortion are
such fundamental rights.
"We think it evident that none of the
rights announced in those cases bear
any resemblance to the claimed consti
tutional right of homosexuals to engage
in acts of sodomy," White said.
The Georgia law was challenged by
Michael Hardwick, an Atlanta bartender
and homosexual who was arrested in
1982 for allegedly committing sodomy
in his home. He never has been prose
cuted under the law, which carries a
maximum penalty of 20 years in prison.
The arresting officer had gone to
Hardwick's home to issue a warrant in
another case and was told he could find
him in his bedroom.
Hardwick sued Georgia officials in
1983, seeking to have the law declared
unconstitutional. He had won in the
11th U.S. Circuit Court of Appeals, but
that ruling was reversed Monday.
"Plainly enough, otherwise illegal
conduct is not always immunized when
ever it occurs in the home," White said.
Twenty to 25 percent
of college athletes use
cocaine, official says
COLUMBUS, Ohio The chairman
of the NCAA committee on drug educa
tion says every college in the country
has a drug problem, and that an effec
tive testing program deters abuse by
athletes.
Dr. Robert J. Murphy, an associate
clinical professor of preventive medi
cine and the head team physician at
Ohio State University, says data shows
that in the last five years 20 percent to
25 percent of college athletes have
used marijuana or cocaine some use
both on an average of once a week.
Murphy, also the chairman of the
NCAA's committee on drug education,
provided information presented to the
Big Ten Conference Awareness Com
mittee on Alcohol and Drug Abuse that
found 36 percent of 2,039 athletes in a
1984 NCAA survey had used marijuana
within the previous 12 months, 17 per
cent cocaine, 8 percent amphetamines
and 6.5 percent anabolic steroids.
A 1984 multi-college survey com
piled by Heitzinger & Associates of
Madison, Wis., found that of 2,100 ath
letes at 12 colleges, 27 percent used
marijuana and 14 percent used co
caine. "Every college in America has a drug
problem because it's a reflection of our
society and of the student body," Mur
phy said during an interview. "Drug use
among athletes is approximately 50
percent that of the general student
population."
Cocaine was cited as the cause of
deaths this month of Maryland basket
ball players Len Bias and Cleveland
Brouiis football player Don Rogers. Bias
died June 19 and Rogers eight days
later.
Murphy said that seldom does anyone
use just one substance, instead mixing
marijuana with alcohol or cocaine with
alcohol.
Murphy said that when an Ohio
State athlete is detected using drugs,
"We feel they should not play ... if they
have drugs in their system, they run the
risk of injuring themselves as well as
causing other players to be at risk
because of their lack of performance."
The solution, Murphy said, is drug
testing as a deterrent, not as a way of
punishment.
"The Olympic program of testing is
based upon identifying (people who
test positive for drugs) and of punish
ing them. Out program (at Ohio State)
and the one I advocate is based upon,
"It would be difficult. . .to limit the
claimed right of homosexual conduct
while leaving exposed to prosecution
adultery, incest and other sexual crimes
even though they are committed in the
home."
The court swept aside arguments
that the Georgia law has no rational
basis without explicitly ruling that it is
rational.
"Law is constantly based on notions
of morality," White said, "and if all
laws representing essentially moral
choices are to be invalidated. . .the
courts will be very busy indeed."
White was joined by Chief Justice
Warren E. Burger and Justices Lewis F.
Powell, William H. Rennquist and San
dra Day O'Connor.
Powell wrote separately that the
heavy penalty attached to violations of
the state's sodomy law could represent
unconstitutional "cruel and unusual
punishment" because it is the same
punishment meted out to convicted
arsonists and robbers.
Justices Harry A. Blackmun, William
J. Brennan, Thurgood Marshall and
John Paul Stevens dissented.
Writing for the four, Blackmun called
the decision "revolting."
"This case is about the most com
prehensive of rights and the rights
most valued by civilized men, namely
the right to be let alone," he said.
first, to deter use, and second, to iden
tify the kids with problems and try to
get them clean.
"We work with some for two or three
years," Murphy said. "If they are in
treatment for two or three years and we
eventually get them clean, well, that's
our goal."
Murphy said that every athlete,
coach, trainer, team physician, man
ager and other staff member affiliated
with the program at Ohio State is
tested. In the 1984-85 school year,
Murphy said Ohio State tested three
men's teams and two women's teams
and that 5 percent of the urine samples
showed use of illegal substances.
He added that in tests of four men's
teams and five women's teams during
1985-86, 1.5 percent came up positive.
"We consider that (random, weekly)
drug testing has proven to be a major
deterrent to drug abuse during the sea
son," Murphy said.
He said that when an athlete tests
positive the first time, they are re
checked by a second test. So-called
"false-positives" occur in less than 1
percent of the tests, Murphy said.
On the determination of a positive
on the first test, the athlete is placed
on probation but is not disciplined by
the coach by a loss of playing time. For
the remainder of his or her college
career, the athlete must submit to
weekly tests. Positives are cumulative,
so that if an athlete fails a test as a
freshman and then again as a senior, it
is still a second positive.
A second drug test failure brings
intrasquad discipline. Starters do not
start, those on the traveling squad are
left at home and those who are on the
non-travel squad are taken off training
table.
The athlete is suspended on a third
positive test. They may be reinstated
after they have been declared clean for
a period of four to six weeks, Murphy
said.
"Every player who has been sus
pended over the last two years (at Ohio
State) has been reinstated," said Mur
phy, who said that six or seven athletes
at the university had failed a third test
over that period.
Murphy said that Ohio State sets up
counseling for those who have failed
tests, and also arranges frequent visits
by speakers such as National Football
League drug enforcement officials.