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.
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