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Death Penalty Can't Be Mandatory

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Death Penalty Can't Be Mandatory \ Koras: President Baby Poom; man meett^the'eye / page agrees to meet with opposition / page 5 Relays: O ’Reilly breaks fojur minutes / page 11 ■ \ ’ Ulaurlirfitrr Wmlh TJ ) A Hi'y (il VilUnf! 30 Cents Monday, June 22,1987 Court: Death r.fowV, J penalty can’t U be mandatory 6 ' r By Jam es H. Rubin Bejarno with lighter fluid and. set iCk. The Assecloted Press him ablaze. Bejarno died three days later from the bums he WASHINGTON - The Supreme suffered. N Court ruled today that states may Shuman In 1975 was convicted of not Impose mandatory death penal­ murder In Bejaroo's death and ties for prison Inmates who commit received a mandatory death sent­ murder while already serving life ence. The sentence was upheld by sentences without possibility of the Nevada Supreme Court. But a parole. federal trial Judge in 1983 ruled that The Justices, by a S-S vote, struck the mandatory death sentence Is ••HA-, down Nevada's mandatory death invalid. penalty law, ruling It Inflicts "cruel The 9th U.S. Circuit Court of and unusual punishment" In viola­ Appeals upheld the Judge's ruling tion of the Constitution. last year. The court thus refused to carve Law enforcement authorities out an exception to Its general argued that only the certainty of the prohibition against mandatory death penalty would deter murders death sentences. In prison — of Inmates as well as Justice Harry A. Blackmun, guards — by those who already had writing for the court, said such no chance of regaining their mandatory sentences preclude any freedom. consideration of whether there are The Supreme Court previously mitigating circumstances that said that states must give Judges weigh against the death penalty. and Juries the discretion to weigh "The fact that a life-term inmate mitigating and aggravating factors is convicted of murder does not In deciding whether to impose the reflect whether any circumstance death penalty or life In prison. Whoa, therel existed at the time of the murder The court ruled in 1977 that that may have lessened his respon­ mandatory death sentences may Ken Wood’s horse-drawn trolley makes a stop at the most popular parts of the festival. Story and more sibility for his acts even though It not be imposed for the first-degree Strawberry Feat on Hartford Road Saturday. The trolley, pictures on page 3. could not stand as a legal defense to murder of a police officer. the murder cliprge," Blackmun which offered free trips for four hours, was one of the 2 In a dissenting opinion today. said. "The level of criminal responsi­ Justice Byron R. White said In­ bility of a person convicted of mates serving IHe sentences with­ murder may vary according to the out possibility of parole have "no extent of that individual's partici­ constitutional right to persuade the Caprilands tough for fire marshal sentencer to impose essentially no pation In the Clime," he added. punishment at all for taking the life 'The court acted in the case of of another, whether guard or Bv Jacqueline Bennett Raymond Wallace Shuman, who Herald Correspondent was convicted in 1958 of murdering inmate." 2 Vernon Stallard in Yerington, Nev. He was Joined by Chief Justice COVENTRY — Blocked exits and He was sentenced to life in prison William H. Rehnquist and Justice overcrowding contributed to the without possibility of parole. Antonin Scalla. deaths of 492 people, many of them In 1973, Shuman doused fellow The case is Sumner vs. Shuman, Connecticut residents, in the 1942 Nevada State Prison inmate Ruben 88-246. fire at the Coconut Grove nightclub In Boston. Two years later, a fire destroyed the main tent of the Ringling Bros. Barnum A Bailey Circus in Hart­ Fred Astaire, 88, ford and 162 people died, including many children. These and similar disasters led to the Connecticut State Fire Safety dies of pneumonia Code. In Coventry, enforcement of that code is the responsibility of Fire LOS ANGELES (AP) - Fred anyone else." Marshal Richard Cooper, and in Astaire, whose debonair elegance For his part, the lean hoofer from recent days. Cooper has come and flowing, graceful style made the Midwest who was famous for under scrutiny for his efforts to see him the most acclaimed dancer In white tie and tails but hated formal that Caprilands, a nationally recog­ movie history, died today of pneu­ attire was likely to credit producers nized herb farm on Silvej Street, monia. He was 88. or his sister — his first dancing complies with that code. He died at Century City Hospital, partner — with his success. "It's been tough," Cooper said irf said spokesman Stan Otake. "I'm not trying to be modest, but an interview at his home on Alice I never thought about myself as No. Drive Sunday morning. "The phone "I never thought a funny-looking has been ringing off the hook" guy like me would be suitable for 1," he told The New York Times ' A ( : ' when he turned 80. "I'm cold­ Cooper, 47, is a native of Coventry pictures," AsUire once said, and a and works in construction. He has studio executive once dismissed blooded about dancing. I wanted to make It good, then make It better." been involved in firefighting for 30 him with the curt words; "Can't act FIRE MARSHAL RICHARD COOPER years. He is a member of the ... can't sing... balding... can dance "I never cared for my singing ADELMA SIMMONS OF CAPRILANDS voice," he said, and he added that . "not a hard-nosed guy" Connecticut State Fire Chiefs Asso­ a little." His only Oscar, in 1949, .. "we’re a special case” ciation. the Fire Marshals Associa­ was honorary. there was no secret to his style — "Just practice, sweat, rehearsal tion and the National Fire Protec­ But he enchanted movie-goers for tion Association. generations, dancing with fire­ and worry.” He was bom Frederic Austerliti Cooper Is a certified fire official crackers, coat racks and beautiful On Sunday, business as usual of the state and has taught fire women from Ginger Rogers to Cyd In Omaha, Neb,, on May 10,1899,18 months after his sister Adele. Their training courses. In addition to his Charisse with an ease that made Dried plants and pine cones lined duties as the town's appointed fire ballet stars envious. father was a beer salesman, and Bv Jacqueline Bennett make Caprilands comply with fire their mother had ambitions for her safety codes. "He was Just made the beamed ceilings. Both emer­ marshal, which he has been since u Ballet choreographer George Ba­ Herald Correspondent gency exits were obstructed by 1985, he is chief of the North 9 two children. She enrolled them in Inspector. He's just trying to make lanchine called him "the greatest tans. One was locked. Only the top Coventry Volunteer Fire dancer in the world." Ballet star dancing school and took them to COVENTRY — On Sunday after­ a name for himself," she said about New York for professional training Fire Marshal Richard Cooper of the fire extinguisher In the back Department Mikhail Baryshnikov praised his noon, Adelma Grenier Simmons dining room was visible behind a He and his wife, Andrea, hove "perfection,” and songwriter Irv­ in 1906. Soon the youngsters were conducted business as usual. Fear that the authenticity of the touring vaudeville under their new 18th century buildings and atmos­ vase of flowers. been married for 20 years and have ing BerUn said, "I'd rather have A group of about 40 listened as she one daughter, Brooke, who gradu­ Fred AsUire sing my songs than name, Astaire. conducted a lecture. phere of the farm will be comprom­ But guests did not seem con­ ised are at the root of Simmons' ated from eighth grade this year. In the lecture building, there cerned for their safety. "1 don't care about myself, I'm were seven benches, a couch, 16 opposition to making changes, she Richard and Elizabeth Gruber of said. an adult. I can handle this. But our TODAY’S HERALD chairs, and a stool, plus some Hartford agreed that visitors enter daughter has been getting remarks 8 She does not want to widen benches near the front entrance. an old building with the understand­ from the kids and teachers at A narrow path between some doorways or change the direction ing that they're taking a risk. that doors swing. However, she said school," Cooper's wife said as she Budget votes due chairs led to an emergency exit "If there's a fire, you Just move stepped into the family's basement Know your limits door that would hot open. Dried Sunday, she Is searching for a the fan.'* said Wilton Wiggins, one Congressional Democrats are contractor to look over her place. recreation room to bring her Connecticut Light and Power Co. herbs hung from the open beam of a group of four visitors from New husband some coffee. wants electricity customers to ready to pass their version of II rafters. According to the fire marshal, York. trillion federal budget this week, some modifications might not be The room is filled with firefight­ learn their limits The utility Is An emergency screen door exit in However, they conceded that ing memorabilia, such as a minia­ proposing a year-long experiment intensifying a long-standing fight the adjacent gift shop was locked needed if Simmons would agree to Simmons would be liable in case of with President Reagan over new have fewer people. ture fire box alarm and ceramics of In which it would momentarily cut with three bolts. fire.
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