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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Dec. 4, 1990)
Death row inmate's sentence overturned Court bolsters criminal rights WASHINGTON (AP) - The Su preme Court on Monday bolstered the right of criminal suspects to have lawyers present when questioned by police. Dissenters said the 6-2 ruling needlessly shackles law enforcement and protects the guilty. In overturning the murder convic tion of Mississippi death row inmate Robert S. Minnick, the court said his confession may not be used as evi dence because he was questioned without his lawyer present. The court said that unless a previ ously questioned suspect asks to talk to police, they may not renew ques tioning in the absence of his lawyer — even after the suspect and attorney have conferred. The high court previously had barred police from resuming the questioning of a suspect who asks to see a lawyer for the first time, unless the suspect initiates the conversation. The decision relied largely on a 1981 high court ruling that barred police from reinitiating questioning of a suspect who has asked for but not yet talked to a lawyer. Monday’s rul ing extends that protection to instances in which a suspect already has con „ In the Supreme ferred with an attorney. Justice David H. Souler did not take part in the case. In other action, the court: •Agreed to use a case from Flor ida to dec ide whether police who have an owner’s permission to search a car must get a court warrant before open ing any containers inside the vehicle. •Left intact a lawsuit settlement that eased restrictions on abortion clinics in Illinois. The court, without comment, rejected arguments the settlement does not adequately pro tect women or fetuses. •Refused to kill a lawsuit against California community college offi cials accused of unlawfully blocking the on-campus performance of a ra cially charged play. •Shielded businesses from some big-money lawsuits filed by employ ees claiming they were fired so their employers would not have to pay pension benefits. The court ruled unanimously that fired employees may sue in federal court, but not in state courts for potentially larger punitive damages. •Ruled by a 5-3 vole in a case from Pennsylvania and Virginia that a federal anti-counterfeiting law may be used to crack down on the sale of used cars with phony mileage read ings. Tobacco industry lobbied against smoking reports The Associated Press For three years, the tobacco industry and its Congressional al lies have lobbied the Environmental Protection Agency to soften or delay its three draft reports on second hand cigarette smoke, documents show. Industry representatives sent the EPA a mountain of technical infor mation that dwarfs the EPA’s re ports and met repeatedly with agency officials to press their concerns, according to documents obtained by The Associated Press under the Freedom of Information Act. “They clearly were privy to stuff that was going on that we had no idea about,” said Mark Pertschuk, executive director of Americans for Nonsmokers’ Rights in Bericeley, Calif. The EPA at the industry’s re quest twice extended the time al lowed for outside comment on draft reports. “No one else was as active in conveying their concerns and inter ests,” said Robert Axelrad, direc tor of the EPA’s indoor air divi sion. The next step in the preparation of the reports occurs today and Wednesday in Washington. An advisory panel chosen by the agency will meet to consider the reports and hear testimony from interested parties, including a dozen tobacco industry representatives. Two of the three reports will be considered: a report assessing the lung cancer risks associated with passive smoking, and a workplace policy guide on environmental tobacco smoke. A third EPA report, a compen dium of related technical informa tion on passive smoking, is under going revision.I Allen Continued from Page 1 that search committee members signed only a statement of confidentiality, agreeing to hold confidential the names r,M 11 -1 ■ > of candidates until the final list was released. ‘The gist of the statement had to do with the identities of candidates,” Milliken said, and Reutzel released his letter to the press on Nov. 10, Contract Continued from Page 1 good,” to evaluate the perform ance of the president and the board and to assess the direction in which the university is heading, he said. Massengale also will retain his tenured appointment as a professor of agronomy, according to the contract. J.B. Milliken, corporation sec retary to the board, said adminis trators routinely retain their ten ured appointments. However, ihey, and Massengale, are relieved of teaching and research responsibili ties, receiving no compensation in that position. Milliken said the contract is “a fairly routine way of compensat ing a president. I don t feel there are any provisions in the contract that are not about what the board expected.” Regent Rosemary Skrupa of Omaha said that a three-year con tract is standard in the education field and that the length of the contract gives Massengale a “fair chance” to face the challenges of a university with as much diversity as NU. “Who would take over a com pany that’s as diversified as we are and in changing times,” Robinson asked, with a contract for fewer than three years? “It takes a year to learn your way around.” which was after the final list of candi dates had been made public by the search committee. Allen also contended that Massen gale ruined the confidentiality of the candidate-regent interviews by dis closing the interview location at the Kansas City Marriott Hotel to a news paper reporter. However, once reports of the loca tion and Massengale’s candidacy inter view were published, Allen said, the external candidates felt the rules had changed and withdrew their names from consideration. Milliken acknowledged that Mas scngale had said that he had responded to a question from a reporter from The Omaha World-Herald, who had asked at which hotel the regents were sta ’ , Blank, board chairman, said he knew that Massengale had told the reporter where in Kansas City the regents were staying. “But we didn’t say it (the location) was a cold, dark secret,” Blank said, “We just didn’t make it public." Allen said Massengale and his supporters lobbied board members extensively to include him among the list of candidates to be interviewed for the presidency. Allen cited occasions when he, Regent John Payne of Kearney, and Blank were lobbied by Massengale to favor him for the presidency. Allen said that he had told Neale Copple, interim director of university rela tions at UNL, about the lobbying by Massengale and his supporters. “Martin’s lobbying of me ... was done in good taste. The problem is he should be truthful about it and not tell people he hasn’t been involved in lobbying,” Allen said. Copple acknowledged that Allen had told him that Massengale had lobbied during a trip to a football game in Ames, Iowa. “But I don’t know,” Coppie said. “I wasn’t in the car.” Regent Nancy Hoch of Nebraska City, one of the five regents who voted to offer the presidency to Mas sengale at the Nov. 20 board meeting, said that Massengale was “absolutely not involved in lobbying.” “There have been suggestions that pressure was brought to bear” to sup port Massengale for the presidency, Hoch said, “but I think it was support brought to bear.” Allen said Hoch was convinced of a conspiracy against Massengale, although he saw no evidence of such a conspiracy. Allen also said that Hoch inter viewed the external candidates and asked questions “in a manner to un dermine them.” In a telephone interview Monday evening, Hoch said that “although you kind of hate to honor comments like those (of Allen),” the comments had to be denied. In response to Allen’s allegation that she undermined the interviews with the four external candidates, Hoch said that “the interviews went well.” She said she believes the search process was open and conducted in accordance with Board pt Rqgelits Bylaws. NHBJVSSHKVBSnSFSBBEl The Macintosh Classic The Macintosh LC The Macintosh Usi With Apple’s introduction of three new Macintosh* computers, meeting the challenges of college life just got a whole lot easier. Because now, everybody can afford a Macintosh. The our most affordable model, yet it comes with everything you need including a hard disk drive. The I I combines color capabilities with affordability. 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