Sapulpa Daily Herald (Sapulpa, Okla.), Vol. 82, No. 117, Ed. 1 Sunday, January 28, 1996 Page: 4 of 36
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PAGE FOUR - Sapulpa (Okla.) Daily Herald, Sunday, January 28 19%
News Analyses
Expect battle
Republican Gov. Frank Keating and Democratic legislators are
expected to do battle over some heavy issues this year.
But perhaps the biggest fight will not he in the Legislature — over
such things as education funding
Statehouse
Focus
By RON JENKINS
Associated Press
and right to work. It will be in
the courtroom.
Keating has filed an Okla-
homa Supreme Court lawsuit
accusing the legislature of
encroaching on executive power.
Democrats have accused
Keating of a power grab that
could set up a dangerous situation — one-man control over billions
of dollars of retirement funds.
The issue is whether it is constitutional for the Legislature to make
appointments to certain boards.
In a lawsuit filed Dec. 8, Keating and Republican Reps. Fred Mor-
gan and Chris Hastings challenged the constitutionality of legislative
appointments to a commission that has veto power over bond issues,
a board that controls pension funds and one that controls investments
by the state Insurance Fund.
Both sides have gone outside their staffs to enlist legal help for the
important Supreme Court clash.
Keating has retained Joe Heaton, a former U.S. attorney and
Republican leader of the state House.
The Legislature has retained former Attorney General Susan Lov-
ing and former Election Board Secretary Lee Slater
The suit's filing brought an immediate blast from the Legislature's
top Democrats — Senate President Pro Tempore Stratton Taylor of
Claremore and House Speaker Glen Johnson of Okcmah.
Taylor said the suit was another effort by Keating to consolidate
power in the governor’s office.
He said if the governor were to be successful, he would be in posi-
tion to deal out political plums by controlling the investments of bil-
lions of dollars of state funds.
He recalled that former Democratic Gov. David Hall went to fed-
eral prison for “attempting to abuse the fiduciary responsibilities of
one of our retirement boards. Dx>k at the investment traek record of
former Treasurer Claudette Henry. Phis isn't a partisan issue. It's a
good government issue."
Hall was convicted in a bribery-extortion case in 1975.
In subsequent years, the Legislature changed the makeup of some
state retirement boards and began appointing some of the members.
Taylor has gone to lengths to drum up opposition to the governor’s
position, sending letters to retirees in his district and to newspaper
editors across the state.
He wrote editors on Dec. 28 that the lawsuit would "turn the
administration and the purse strings to state government over to one
person — the governor."
"Even if you trust our present state chief executive w ith such awe-
some power, you must consider that Frank Keating will not be gover-
nor forever," Taylor added.
Johnson says the founding fathers did not want such concentrated
power. He said the Legislature "intends to uphold the right of the
people to be represented on boards and commissions through legisla-
tive appointments."
Heaton says it is clear from the Constitution that the Legislature
had encroached on executive prerogatives.
His brief cites the separation-of-powers clause which ends by say-
ing neither of the three separate departments of governor "shall exer-
cise the powers properly belonging to either of the others.”
Heating also refers to a 1990 opinion by former Attorney General
Robert Henry that said the Legislature may not appoint members to
executive bodies nor "provide for membership by its own members
on boards and commissions which exercise executive power.”
Opinions by the attorney general on constitutional questions are
not legally binding.
Democratic leaders say if legislative membership of boards was
prohibited during the administration of Democratic Gov. David Wal-
ters. the state would now be saddled with several expensive, unfeasi-
ble turnpike projects. They were blocked by opposition from mem-
bers of the Legislative Bond Oversight Commission.
"This is not a partisan issue, it's a good government issue,” Taylor
is fond of saying.
Keating scolded Taylor last week for his letter to retirees. He said
his lawsuit was not about the health of state pension plans, as Taylor
asserted.
He called that "a baldfaced untruth."
Taylor says it has everything to do with the financial health of
state pension funds because it threatens to remove checks and bal-
ances against irresponsible investments.
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them there is always slavery * Benjamin Constant
NATIONAL NEWSPAPER
ASSOCIATION
Opinion
Human progress milestone?
Editor’s Note: This is one in a
series of columns by Lantz Mc< 'lain of
Sapulpa. He not only is our district
attorney but the author of a book that
takes a critical look at the appeals court
system. The Herald and the author are
anxious to hear from the reader any
comments about this column. We also
invite letters to the editor with u differ-
ing view.
Miranda v. Arizona is the most
famous-by-name case in our history.
You couldn't find a more graphic
demonstration of certain disorders
common to the modern judicial mind.
Too many of our judges operate on
the unspoken principle that the farther
they can expand the criminal's "indi-
vidual rights." the greater judges they
will be. Never mind how those "indi-
vidual rights" interrelate with the rights
of the rest of us.
As a corollary to this first unspoken
principle of judicial interpretation,
these same judges also seem to think
that if they turn an obviously guilty
defendant lose based on each new dis-
covery in the field of individual rights,
then they've really done something
great. That's why each so called
upward step in the development of our
criminal procedure is marked by a
guilty defendant walking.
Now Miranda himself raped an IK
year old girl in Phoenix, Arizona, in
1963. No doubt of that. He voluntarily
confessed. The police followed all pro-
cedures in place for taking confessions
at the time.
Fortunately for Miranda. Earl War-
ren and four other judges on the
Supreme Court were straining at the hit
that very moment to make a new pro-
nouncement about “individual rights.”
They seized on Miranda's ease as a
vehicle to pass a new code of criminal
procedure about confessions. They
promulgated the famous Miranda
Warnings. From now on, they said,
before questioning an in-custody sus-
pect the police must give him certain
Court Watch
By
Lantz
McClain
Special
to the
Herald©
warnings. Anything you say can and
will be used against you. You have the
right to an attorney, etc., etc.
Why we needed these warning was-
n't ever really made clear. There
weren't any particular abuses hy the
police they were shown to cure. It was
really just a matter of dogma. Earl
Warren and the four judges who joined
him just thought that the more “rights"
you gave the defendants the better the
world would he.
Where did all this leave Ernesto
Miranda, who had raped the 18 year
old girl? It left his conviction reversed,
that's where. The police who ques-
tioned him followed the rules in effect
at the time they did the questioning. He
voluntarily confessed. The Supreme
Court changed the rules after the fact.
Because the police had not followed
rules they could not have known, the
confession couldn't be used.
All across the United States guilty
defendants reaped the same benefit
The Miranda Rule was applied to all
defendants who had not yet been tried
In one New York case, for example,
a man who admitted killing his wife
and five children walked out of the
courtroom a free man. Jose Suarez had
been arrested April 27, 1966. That was
less than two months before Miranda
comes down on June 13. Questioned
by the police, Suarez signed a state-
ment He admitted killing his common-
law wife, Maria Torres, 24, their chil-
dren. Yvette, 4, Nancy, 3, and Jose, 11
months, and also Henry Santiago. 5.
and Maria Antonio. 2. Suarez said that
after his wife had cut his leg with a
knife, he seized the weapon and
stabbed her and the children more than
Ilk) times. That was on April 23 in
their home at 301 Hooper Street. At
that time New York state law followed
the voluntariness test on confessions.
Indeed, how could they know to do
anything else? There was no question
Suarez's confession was voluntary.
Only since the Miranda Warnings
weren't yet promulgated, Suarez was-
n't read Earl Warren's magic incanta-
tions.
The prosecutor was forced to stand
up in court and dismiss the case.
Suarez was led away in handcuffs for
routine processing before his release.
An hour later he was a free man.
What a great moment in the history
of our judiciary.
All over this country, other guilty
defendants enjoyed the same result.
Nor is there really any question that
the damage inflicted by Miranda con-
tinues. Ask anyone in law enforcement.
You couldn't hardly have passed a rule
more beneficial to criminals in general
and murderers in particular. I say mur-
derers in particular, because it's just in
murder cases that confessions are often
so critical, as the other main witness
has been eliminated.
Miranda has prevented the police
from gathering evidence lo solve
crime. Those innumerable cases never
appear in the law hooks because no
case is ever filed. But in the law books
you find a seemingly endless line of
cases where a murder conviction was
overturned due to some supposed error
in administering the Miranda Warn-
ings. As they always do. the defense
lawyers have used the Miranda Rule as
leverage to create still more technicali-
ties to free their guilty clients. The
process appears capable of being infi-
nitely continued
Boy, Miranda sure was a great land-
mark in human progress, wasn’t it?
Gl.antz McClain, 1996
Recalling Challenger tragedy
I've been a space cadet for a num-
ber of years, although it comes as a bit
of a surprise to people who know me.
The whole idea of man or woman
traveling in outer space, to the moon,
no less, is fascinating to me. I’ve read
and collected clippings about it for
years. I’ve see “The Right Stuff four
or five times AND read the book.
"Apollo 13” may be my favorite
movie of all time.
I've visited NASA’s Rocket and
Space Center in Huntsville, Ala., as
well as the John C. Stennis Space
Center in Nicholson, Miss., where
space shuttle main engines arc tested.
I've been to the National Congress on
Aviation and Space Education twice,
and I even have Chuck Yeager’s auto-
graph.
But I admit, I don’t often talk about
any of that with friends and family. To
be honest, most are uninterested in the
knowledge I've accumulated about
America’s space program ... unless
we're playing Trivial Pursuit or argu-
ing about the space program as a fed-
eral budget item
So, I sal in a lonely newsroom with
only one other colleague watching the
launch that Tuesday in 198b when the
shuttle arbiter Challenger exploded
right before our eyes, 75 seconds alter
liftoff. My colleague, also a space nut,
Quinnelly’b Quill
By
Lorrie
Quinnelly
Herald
Staff Writer
and I knew before the announcement
that something was wrong.
“Lisa, look at .(he solid rocket
boosters' trails. That’s not a normal
separation. Something's wrong,” I
said.
She knew it, too, and immediately
started scanning the wire for AP’s first
filing. Within seconds we heard those
terrible words that Challenger had
apparently exploded.
I picked up the phone and started
calling my boss and other staffers to
the newsroom. We remade our front
page in order to gel that story and a
local sidebar in.
I’ll never forget feeling that our
whole newsroom should have been
watching. We'd become so compla-
cent about shuttle launches and space
flight.
Of 25 staffers, two were watching
the Challenger launch. It was the
worst accident in the history of the
space program, the first time any
American astronauts were killed in
night, and most of us weren't even
interested in seeing the launch.
I think that's true of America as a
whole. We'd become so complacent
about space (light, so nippant. There
was no awe left to it, save for a few
space cadets like me and my col-
league. Lisa Easterling. We'd forgot-
ten just what an unknown frontier
space really is, what kind of danger
astronauts put themselves in.
I remember after the explosion
people pored over every word about
the space program. What happened to
cause the explosion? What's an SRB
anyway?
I can't help thinking we’ve fallen
into the same pattern. There was a
space shuttle launch earlier this
month, and I'd wager less than 25 per-
cent of Americans:
a) Were aware of the launch
b) Could tell you the name of the
shuttle that lifted off, let alone, one
detail about its crew, including names.
c) Know the primary purpose of its
mission.
d) Or even saw its launch.
That’s a sad commentary on our
society, a very sad commentary.
Crystal
Ball 2000
As I travel this greal country of
ours. I'm often asked to speculate
publicly on business conditions in the
year 2000. Everyone is curious about
the future.
Since I don't own a crystal ball and
don't profess to be a futurist. I'm a lit-
tle reluctant lo write my opinions.
What I think, no one knows; what I
speak, few hear; what I write, may
last a long, long time.
However, the future certainly
interests me. I will spend the rest of
my life there. Perhaps then. I should
risk leaving a printed record. The
reward may be a column that inspires
thoughtful changes in others’ lives. As
always, you readers will decide.
Minding Your Own Business
By
Don
Taylor
PO Box 67
Amarillo. 79105
It's becoming clearer now...
Here are five predictions I'll make
about business in the year 2000.
While these prognostications are still
a little fuzzy, they are becoming clear-
er.
• First, I believe the year 2000 will
bring an even higher level of business
competition. The new buzz word may
be "hyper competition." This increas-
ingly fierce level of competition will
separate businesses into two cate-
gories: The quick and the dosed.
The most notable change will be
the speed of change itself. Ouick will
become a commodity, and velocity a
tool of management.
Big name companies will bite the
dust or be swallowed up by competi-
tors. Still others may form unlikely
alliances lor the sole purpose of sur-
vival.
• Second, the marketplace of 2000
will become a "Four - A” marketplace
w ilh terms and conditions dictated by
the customer. Customers will get any-
thing they want, anytime they want it,
anywhere thev wish, in anvway they
like.
Successful businesses will move
quickly to meet the needs of this
increasingly knowledgeable and
demanding consumer base. Time and
money will have equal value in the
mind of these new consumers.
• The third prediction I'll make
may not take place on a grand scale
until well into the first decade of the
next century. At that lime we'll see a
major shift toward using technology
to regain our manufacturing superior-
ity.
Information is hot right now. The
Information Highway, the Internet
and the World Wide Web have been
big news lately. However, "knowing"
won't be enough, we must be "doing,"
too. Imagine "virtual manufacturing."
"Beam me up a new car. Scottie."
• Fourth, we'll see an all new work
force begin If) emerge. A "just-in-
time," "as-needed only." "condition-
al" work force. Your hypercompeti-
tive employer will base you solely on
your skills and abilities
No. I wouldn't run out and start a
new temp agency. There won't be
room for many middle companies.
New jobs w ill be posted on the "Net."
When you "hit" a site, the employer's
computer will scan your personal
database If your last employment
was productive and beneficial for
both parties, your next employer will
hire you in a nanosecond.
• Finally. I'll predict that we'll see a
greater awareness of the value of
global markets, liypcrcompetitive
companies will be quick to tap those
emerging markets
Using the new virtual manufactur-
ing technology, these companies will
raise America's level of quality to a
new world standard They will reap
the benefits in the form of record-
breaking profits. Unfortunately, the
balanced Federal budget will turn out
to be smoke and mirrors and those
wonderful profits will become record
breaking tax rates.
As for this column. I'll still be writ-
ing it long hand in 2000. Using a
trusty Cross pen and sheets of recy-
cled trees. I'll scribble the words as
always. However, from there we'll use
the new fingertip opti-scanner, to feed
the graphology chip digitally, fol-
lowed by the use of our verbum tech
micro editor and formatter. We'll
uplink via the Data Staar satellite to
feed a downlink to your telepathic
newspaper converter. Happy reading.
Editor’s Note: Don Taylor is the
coauthor of “Up Against the Wal-
Marts." You may write to him in care of
“Minding Your own Business,“ P.O.
Box 67, Amarillo, TX 7V105. This col-
umn made possible in /tart by Sapulpa
Main Street.
Empowering neighborhoods or inviting Yahoos
Walking my district is a new expe-
rience each year; and an issue, differ-
ent from the year before, usually aris-
es.
last summer, a person in several
neighborhoods pointed lo a nearby
house and said something like:
“They're dealing drugs out of that
house. That hunch is ruining our
neighborhood. There's not a thing we
can do because the landlord won't
make them move as long as they're
paying the rent."
My proposed law. House Bill
2073, sprang from
those grass-roots
conversations on
front porches. It is
based on a Min-
nesota law and on
a publication of
the President's
Commission on
Model Slate Drug
Law*.
This measure
makes persons dealing drugs subject
to eviction from their rented homes or
Cafttol Watch
By
1—^—1
WanoaJo
Peltier
From OPA
j -il
Bulletin
Board
apartments. If
the landlord
fails or refuses
to evict, the
neighborhood
association, ten-
ant association,
or neighbors can
file eviction
papers and
recover costs
from either the
landlord or tenant.
Rental property is prominent in
drug dealing because an owner-occu-
pied house can be seized from and for-
feited by an owner who is a party to
drug dealing from that property.
House Bill 2073 has strong sup-
port from neighborhood associations
in both North and South Oklahoma
City. However, some people fear the
bill will produce a “lynch" law, a tool
for vindictive neighbors to misuse.
The legislature's job will be to
empower neighborhoods and, at the
same time, safeguard against “lynch-
ing."
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Lake, Charles S. Sapulpa Daily Herald (Sapulpa, Okla.), Vol. 82, No. 117, Ed. 1 Sunday, January 28, 1996, newspaper, January 28, 1996; Sapulpa, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc1497421/m1/4/: accessed July 10, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.