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Extension of Remarks May 7, 1984 EXTENSIONS OF REMARKS 11191 EXTENSION OF REMARKS A SALUTE TO GLOVER WILKINS He is a member of the Tennessee dence collected by law enforcement officers River Valley Association Board of Di­ who reasonably and in good faith thought rectors, and has also served on the they were acting lawfully. It reflects a grow­ HON. BILL CHAPPELL, JR. Small Business Advisory Council for ing concern in the country that the exclu­ OF FLORIDA sionary rule's unjustified ill effects need to the State of Mississippi. be curbed. IN THE HOUSE OF REPRESENTATIVES In November 1962, he was named In California, for instance, a study con­ Monday, May 7, 1984 Administrator of the Tennessee-Tom­ ducted by the National Institute of Justice higbee Waterway Development Au­ found that between 1976 and 1979 more e Mr. CHAPPELL. Mr. Speaker, as thority, his present position. than 4,000 state felony cases were dropped many of my colleagues know, Glover Mr. Speaker, Glover Wilkins is a because of the exclusionary rule. The study Wilkins, Administrator of the Termes­ man we will be sorry to see leave the also showed that half of those not prosecut­ see-Tombigbee Waterway Authority, is helm of the Tennessee-Tombigbee Wa­ ed in 1976 and 1977 because of the exclu­ retiring. I would like to share with terway Development Authority. It sionary rule were re-arrested during the those who know him, and particularly next two years-on an average of three gives me great pleasure to extend to times apiece. those who do not, the accomplish­ him best wishes for a happy, healthy The Times editorial erroneously concludes ments achieved by this man over the retirement. It is time now for him to that the crime package will somehow last 37 years or so through his spirit enjoy all the things he helped make reward police ignorance. This is simply not, and dedication. I submit to the CoN­ possible. He has certainly dedicated a the case. The Senate made clear that the GRESSIONAL RECORD for reprint his bi­ lifetime toward preserving our water belief the search was lawful must be ography, which I found best describes resources. and we all thank him for his grounded in objective reasonableness. It the man I know. efforts and commitment.e must be based on articulable grounds suffi­ Glover Wilkins, Administrator of the cient to cause a reasonable and reasonably Termessee-Tombigbee Waterway Au­ trained police officer to conclude that his CUFFING THE CONSTITUTION actions were justified. thority, and the Huck Finn of the The Times' second criticism involves the Tombigbee, grew up around the insanity defense. While The Times em­ river-near his native Brooksville, MS. HON.HENRYJ.HYDE braced one part of the Administration's ef­ Unlike Huck Finn, however, Glover OF ILLINOIS forts to improve the insanity defense as "a Wilkins has much more vision and am­ IN THE HOUSE OF REPRESENTATIVES sensible reform long advocated,"; it chal­ bition for his river than Twain's leg­ Monday, May 7, 1984 lenged the companion effort to restrict the endary character had for his. defense to those defendants who are genu­ e Mr. HYDE. Mr. Speaker, one of the inely mentally ill. Glover Wilkins has been associated major omissions of this House, under The crime package would eliminate the with the Termessee-Tombigbee Water­ the strong political control of the unworkable portion of the current two-part way Authority since its inception, but Democratic Party. is its refusal to ad­ test for insanity. That test now permits the his dreams for the waterway dates vance legislation dealing with criminal acquittal of a mentally ill defendant if <1 > back to 1947 when he was manager of law reform. he did not realize that his conduct was the Columbus. Mississippi Chamber of wrong, or (2) if knowing it was wrong, he Curiously, the Los Angeles Times was unable to control it. The latter, "con­ Commerce. Up until 1958, when Wil­ supports this unfortunate failure to kins became Assistant Administrator trol" part of the test confronts courts and act in a recent editorial. The Attorney juries with the nearly impossible task of dis­ of the newly formed Term-Tom Au­ General, William French Smith, has tinguishing between persons who are unable thority, the chamber with Wilkins at answered the editorial in an interest­ to control their conduct and those who are the helm. kept alive the proposed Ten­ ing letter to the editor which appeared merely unwilling to do so. As the American nessee-Tombigbee Waterway. From on April 23. 1984, and which deserves Psychiatric Assn. noted recently, the "line the beginning of his association with the attention of my colleagues: between an irresistible impluse and an im­ pulse not resisted is probably no sharper Term-Tom, Glover Wilkins has been [From the Los Angeles Times, Apr. 23, 1984] active in maintaining liaison with the than that between twilight and dusk." Since U.S. Army Corps of Engineers. builder CUFFING THE CONSTITUTION there is no objective basis for making the In urging the House of Representatives to distinction, the test invites fabricated claims of the waterway. and elected Repre­ pass the Administration's anti-crime legisla­ and produces moral guesses masked as fac­ sentatives of the U.S. Congress. tion, President Reagan declared that "it is tual determinations. His friends and associates know that about time we take the handcuffs off law Finally, The Times editorial states that Glover Wilkins' dedication to the enforcement and put them on thugs and the bail reforms advocated by the Senate Term-Tom project is all consuming. murderers." This led the editors of The would require a defendant awaiting trial to His interest in water resources of this Times to suggest in its editorial <April 13), "prove" he wouldn't commit a crime while Nation is evidenced by his active asso­ "Cuffing the Constitution," that the legisla­ out on bail in order to secure pretrial re­ ciation with many regional and nation­ tion "would put handcuffs on the Constitu­ lease. al water resource organizations. tion." In fact, these anti-crime measures Here again, this is simply not what the have been written with careful consider­ anti-crime legislation does. Instead, it would He is regional trustee of the Ohio ation for individual civil liberties and consti­ create a limited, but important, authoriza­ Valley Improvement Association and a tutional rights. They have been recognized tion for detaining a defendant prior to trial past president of the Water Resources by the Department of Justice and an over­ where the government proves that the Associates. a national group of profes­ whelming majority of the Senate-where safety of the community or the appearance sional water resource people. the bulk of the legislation passed by a vote of the defendant at trial cannot be reason­ Immediate past chairman of the Na­ of 91-1-as critically needed to protect our ably assured if the defendant is released. tional Waterways Conference. Inc.• he citizens. The legislation is both prudent and These bail reforms have been endorsed by essential, and it should be passed by the the Attorney General's Task Force on Vio­ is also a member and past vice presi­ House immediately. lent Crime, the President's Task Force on dent of the Water Resource Congress The Times criticizes three provisions in Victims of Crime, and the National District and served on President Kennedy's the crime package. First, it attacks the Attorneys Assn. Consideration of a defend­ Waterway Resource Policy Commit­ modification of the so-called exclusionary ant's dangerousness for pretrial release has tee. rule. The bill would allow courts to hear evi- also been supported by the National Gover- e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 31-Q59 0-87-37 (Pt. 8) 11192 EXTENSIONS OF REMARKS May 7, 1984 nors' Assn., the National Assn. of Attorneys GEORGE FRAMPTON'S ers' expense until his death. He may re­ General, and the American Bar Assn. PROPHECY enter public life, however morally crippled." The broad support for all three of these "The prospect of Mr. Nixon publishing his improvements in the criminal justice system memoirs (and thereby adding several mil­ reflects a growing concern by Americans HON. MEL LEVINE lion dollars to his net worth)," Frampton about the terrible toll of violent crime. The OF CALIFORNIA continued, "should remind us that, unlike good faith exception to the exclusionary IN THE HOUSE OF REPRESENTATIVES his aides who are convicted of crime, Mr. Nixon will have the 'last say' about his own rule passed the Senate by a 63-to-24 ~ote, Monday, May 7, 1984 and the improvements in the insanity de­ role in Watergate if he is not prosecuted. fense and bail laws were passed with the e Mr. LEVINE of California. Mr. This is why, in my view, it is important rest of the Administration's Comprehensive Speaker, I rise today to bring to the <absent of a full admission of guilt) to have attention of my colleagues the pre­ some definitive resolution of Mr. Nixon's Crime Control Act by the overwhelming Watergate actions. vote of 91-1 that I mentioned earlier. These scient comments of George Frampton "What is certain is that if he is not pros­ proposals-and the others in the anti-crime 10 years ago. George Frampton, an ex­ ecuted . and after there is no more Spe­ package-enjoy bipartisan support and are traordinarily talented lawyer, whom I cial Prosecutor, Mr. Nixon in his writing constitutionally sound. They are also criti­ have the privilege to call my friend, and speaking will have the final opportunity cally necessary.
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