News Scrapbook 1988

San Diego, CA (San Diego Co.} Evening Tribune (Cir. D. 123,092)

Monterey, CA {Monterey Co.} Monterey Penl nsula H raid

(Cir. D. 32,044 (Cir. S. 33,397)

JAN 22 1 88

JAN 20 1 Jam s J. Kil

.Jlllert '•

P. C. 8

I

I 88R

trick

•

TQ.r-eros get their pockets picked by pesky Dons By~~ney ed the ball. Abrief look of frustration enced players his first two seaso~ at lost thre~ ~tr~ight conference games, Tribune Sportswnter crossed Means' face before he trailed USD. It's different this season. Five Egan sa1~ it 1s no ca~e for alarr:;}n

J.Cf {~ Q)

The Gang Is Back

fa~.t, th~t s the last th1~~ herou ld g- I thmk the worst t m~ cou w~uld be ~~ve. a ~ens_e O urgency, said Egan. I d1dn ththm; :e!ht\!~e ball we.11. We got t e s o , u ad~ ?, som~ key turnovers, an a . fens!ve end of the floor we didn t get ,

It .was only one turnover. It was

after Mouton, who converted the steal into a layup and a 36-28 lead.

of the_ 10 players the Toreros used last mght were freshmen And they "One mistake and they can g~t down," said Mea~. "And, then 1t of confidence. At the moment we r~ a little down on our,~lves, but we re reflect the pressure.

only two points

W SHINGTON - In the pending hattl ov r B rnard H. Siegan, the en te Judiciary Committee once again will go back to ~uare one. Th sam antagoni ts who fought 111 t full over the nomination of Judg Robert Bork

framed an amendment and states that ratified It. He Is opposed by a flaky school of liberal philosophers, led by Justice William Brennan and Harvard's Professor Laurence H. Tribe. In their view, original Intention Is of- ten unfathomable and generally Ir- relevant. What counts Is not what a word may have meant "then." It l.s what the word means "now." Theirs 1s the school of that eminent se- manticist, Humpty Dumpty, who decreed that words should mean ex- actly what be chose them to mean and neither more nor less. ' the battle turns. Professor Siegan, exhibiting more valor than discretion, bas dared to criticize th Supreme Court's landmark decision or 1954 In the ·hool gregation cases, Brown va. Board or Education. Siegan is no friend to racial segregation. He regards It as "totally repugnant." But he makes the point that the 39th Congress that framed the 14th Amendment in 1866, and the states that ratified that amendment In 1868, never Intended the 14th to prohibit segregated public schools. This posltion outrages Professor Tribe. Professor Slegan's mter- pretatlon, he says, "Is ao bizarre and strained, o Incompatible with meaningful enforcement of the right to integrated education and so at odds with ordinary ways of thinking about constltullonnl law as to bring into question both Mr. Siegan's competence as a constitutional What rubbi h! Slegan is precisely on target. On this Issue, the distin- guished Professor Tribe exposes himself as a distinguished ig- noramus. Those who framed the 14th Amendment intended to Jock into the Constitution the essential provisions of the Civil Rights Act of 1866 Ther!! · scintilla of evidence to support Tribe's breath- taking belief that either the act or the amendment created a "right to Integrated education." That la pure hokum. the under- standing of the amendment was made explicit not only by words but also by deeds. The very same Con- gress that approved the amendment simultaneously provided for segre- gated schools ln Washington, D.C. Among the ratifying states were such non-Southern states as Cali- fornia, Illinois, Missouri, New Jersey, New York, Ohio and Penn- sylvania. Every one of them main- tained racially separate schools for years after the amendment became operative. It is Inconceivable that the 14th was meant to abolish such institutions. the On thi Issue smcerity as a scholar." On the contrary, Indeed, the Supreme Court con- ceded almost as much In the Brown decision . Chief Justice Earl Warren in a false and feeble phrase, found the evidence "Inconclusive." Instead of relying upon familiar grounds of contemporaneous interpretation Warren relied upon "intangibl~ considerations" and "psychological knowledge." The nine members of the court, having concluded that segregation was unconscionable simply declared it unconstitutional'. This was a naked usurpation of the states' power to amend. It Is this kind of thing that Siegan questions. And of course it should be ques- tioned. The Brown case, to be sure, is now entrenched in the Jaw. It never will be overturned. Morally speaking, It ought not to be over- turned. ]:lacial segregation in public institutlo~ived as a monstrous policy even by those of us who most fiercely denounced the in Di decision nearly 33 years ago. But on ,an D the broad Issue of "original Intent," m Di Tnbe is plainly wrong and Siegan is :ir. D plainly right. :ir. S, I

But to Dann· Means a d USD,Ji.- The Dons went on a 14-2 run that

oi

had the force

a one-two~~

gave them a 48-30 lead and, ultimate-

"That lay summed up the way the whole ni:ht was going." said Means, who made two three- inters, but missed the other 10 sho:he attempt- ed He also committed a team-high fo~r turnovers. In sum, frustrating.

ly, the game.

Like an employee gett!ng _Paid by the hour, Means took his time re- trieving the ball after the steal. He admitted it. He was exasperated. "Exactly," said Me~n~. "Tonight, I

leads to another m1Stake. Its a !ack wouldn t go down. Wed alr>th~ de•

to th U S.

upr me

,,.

gomg to get better.

the Job done.

. .,

Court next month

Although the Toreros have now

"But we hustled. We got after it. ,.,./

,I .,.._ ,; .+. ' •) ¢) Kilpatrick

tll lllk

lo the field

USO dropped its third straight wouldn't have made 1t if the b~sket West Co1st Athletic Conference were 20 feet around. The only thing I game, losing to USF last night 75-59 can do is lead by example. I_~ave to before a crowd of 1,533 at the USO pick myself up and be a pos1t1ve ex- Sports Center. ample.'' . •They kind of took Danny out of USF has expe_rience? pl~yers, and the game early," said USO coach it showe? last mgh~ with six Dons m l ank Egan, who 0 c team will play double figures. &:mor guard Rodney host to Santa Clara tomorrow night Tention had 14 pomts. Semor forward at 7 30 "He's been the stalwart for Pat Guisti had 11. Senior forward Pa-

,.,,,...,---

San Di ego, CA (San Diego Co.) San Diego Union (Cir. D. 217 ,089) (Cir. S. 341,840)

JAN 2 4 1988

, the guy we look to There's no Means is a three-year starter whose experi nee was momentarily replaced by frustration with 15 min- replacing experience." Let's set the stage for the play. Poor shooting put the Toreros in a hole. USO tied the gam. 13-13 mid- way through the first half, then went ix minutes without a pc nt while USF assumed a 24 13 lead. The Toreros went into the locker room trailing 32-22 after shooting 32 per- cent from the floor in the first half. When USD opened the second half with six of the period's first eight points it was still a ballgame, howev- er. Craig Cottrell's layup cut USF's ute remaining

trick Clardy had 11. Senior guard Cottrell, a sophomore guard, scored a g~~e-high 17 pomts as he replaced mJured starter Ef~em Leonard for the ~econd straight game. Freshman John Sayers_scored 11 points for the Toreros. Juruor for- ward Mike Haupt returned to the starting lin~up af_ter a h!o-gam~ ab- sence, scoring eight pomts with a game-high nine rebounds. "We've established that we're young," said Egan. "We've got to g_o on to the next thmg. Somebody to hit a couple of jumpers would help.. We haven't responded yet. We Just haven't come together:" Keith Jackson had 10.

...Allnt ',

P. C. 8

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Policing physicians

/

Califo;~ medical Yet only 62 doctors had their li-

against doct?rs,. initead . of the current nohflcahon requirement for award_s. over $30,000. And those phy~1cians who ar~ placed on probation by committees of the medical quality review board should be required to notify their patients of that fact. It will be another year before the Center for Public Interest Law completes its recommenda- tions, which will be forwarded to the Legislature. Unfortunately, prospects for passage are slim because the politically powerful California Medical Association, like the California Trial Lawyers Association, is reluctant to police its own ranks. In short, doctors can only be held to a necessary standard of professionalism in California if the lawmakers will stand up to the physicians' lobby in Sacra- mento. ~~--L_

Should profession be subjected to more scrutiny by the state? Attorney Robert Fellmeth, who directs the Center for Public Interest Law at the University of San Diego, thinks so. And so do we. The U_SD center.. which has proposed numerous reforms of the state bar's haphazard system of disciplining lawyers, is weigh- ing recommendations to hold in- competent doctors more account- able for their mistakes. It's perfectly reasonable that physicians be monitored more closely, considering the irrepar- able harm they can cause. For example, reforms should be im- plemented making it easier for the state medical board to sanc- tion dangerous doctors. There are 92,000 physicians li- censed to practice in California.

censes revoked during the last two years, despite more than 5,500 patient complaints that warranted formal investigation. One of the center's recommen- dations would require the state medical board to immediately pull the licenses of physicians convicted of a medical-related felony. Another sensible reform would make it easier for the state board to immediately suspend a physician's license if he poses an imminent danger to his patients. The present procedure requires a temporary restraining order, which is often difficult to obtain - only three such orders were granted in the 12 months ending June 30. The state medical board should also be notified of malpractice judgments in excess of s:tooo

The loss ended a six-game home lead to six at 34-28 with 18 minutes winning streak for USD (0-3, 8-8), remaining. Plenty of time. which lost to USF (3-0, 11-5) for the

Then it bit them.

first time since the Dons basketball program was resurrected three

-==-:---::------::::..._..,;._.:......:,~ lawyer and his

Means had crossed the halfcourt line and was setting up a play when Dons guard Kevin Mouton intercept-

years ago.

.

Means was surrounded by expen-

Encinitas, CA (San Diego Co) Coast Dispatch (Cir. 2 x W. 30,846) J

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840) JAN ., u l92Q

27 198 , . C. 8

...A/Int~

E,r 1111

Jl./lcn ', P. c. 8

Escondido, CA {San Diego Co.) Times Advocate (Cir. D. 32,685) (Cir. S. 34,568)

far 1888

,,---USD's Cottrell adjusting well ___, ,.--

o~c Bv Mike Jensen St r \\-riter Lets take a look at Craig Cottrell's college choices. Before deciding on th~rsity of Diego, Cottrell narrowed things down to Arizona, Arizona State, '.'{ew Mexico State and just about every Ivy League school. "I came very close to going to Brown," Cottrell said. Cottrell, a sophomore accounting major, also has some future plans. He figures to get his MBA, go into business and maybe even take a stab at professional golf. "That's always been an idea in the back of my head," he said. Apipe dream? "I was a scratch (no-handicap golf- er) in high school," Cottrell said. Actually, Cottrell isn't too serious about the PGA Tour. But the son of a former assistant dean of students at Dartmouth isn't too willing to nar- row his horizons, either. Well, maybe a little. "I'm not going to be playing in the NBA," he said. Which brings us to Cottrell's current endeavor. He's a basketball player for USO. Lately, he has been one of the Toreros' few bright spots - maybe their only bright spot - as they struggle through the early part of their West Coast Athletic Conference

schedule. USO (8-8, 0-3) is looking for its first WCAC victory - after three one-sided losses - tonight against Santa Clara (11-5, 2-1} at 7:30 at the USO Sports Center. Cottrell is averaging 15 points since moving into the starting lineup four games ago. He got his chance when starting guard Efrem Leonard suffered a sprained ankle two weeks ago. "He's coming along," USD coach Hank Egan said. "We're pleased with his progress." His season scoring average is now at 6.4. After starting USD's first two games, Cottrell moved to the bench. He played just one minute against Boise State, eight minutes against U.S. International and five minutes against Colorado. "He got off to a very shaky start," Egan said. That's because Cottrell is still ad- justing. Not to the team or to the college - his grade-point average is above 3.0 - but to the position. At 6-foot-5, he now plays small for- ward and off-guard. As a center at Marcos de Niza High School in Tempe, Ariz., Cottrell averaged 22.9 points and 11.2 rebounds and made the all-state first team. "He was an inside player, not used to facing the basket," Egan said. "He was also used to playing a zone de-

1988

fense in high school. Now he's play- ing man-to-man." Cottrell played in only 13 games for the Toreros last year, averaging 3.2 points. "It was really hard for me to come and sit on the bench last year, be- cause I'm such a competitor," Cot- trell said. "But I had to pay my dues, and I did that. "And we had a great team last year. I grew a lot, learned to change from playing with my back to the basket to coming out. I never han- dled the ball at all in high school. We bad great guards here. Paul Leonard and Danny Means pressed me all the time." He plays outside, but Cottrell has taken just two three-point shots since becoming a starter. "I see myself as a scorer, not a shooter," Cottrell said. "It's not my role. Coach Egan doesn't want me to shoot outside much." Cottrell may or may not stay in the starting lineup when Leonard re- turns, which could be as early as to- night. "He's not going to be benched just because Leonard's coming back," Egan said. "His numbers might go down a little bit . . . if he can keep the numbers up, that'd be great, but I don't expect that to happen when Efrem gets back. It's just a natural

JAN

C

._A/Int

'1

P. C. 8

f.SI. I 888

,

_,./ \~N~!ii/f~~ dm~o~~r~~~!e~!i~~ys- leaders, faced with unrelenting tern will be completed. criticism of the bar's disciplinary "The funding will allow for addi- system, voted Saturday to seek the tional investigators and attorneys largest dues increase in the organi- to cope with continuing high case- zation's history and devote most of loads, eliminate the backlog and the money to lawyer discipline. create a full-time court," he said. The bar's Board of Governors Bar leaders have gone along with voted to ask the Legislature to in- changes recommended by Robert

Craig Cottrell Still has golf dreams distribution of the numbers." If worse comes to

crease dues for most of California's orse, Cottrel 110,800 lawyers to as much as $470 a year, compared with the current

Fellmeth, a University of San Die- go law professor appointed by Van amp as year to analyze the discipline system and recommend Fellmeth reported last year that the system, despite recent im- provements, was incapable of han- dling complex cases, had little con- tact with the public, was too slow and inefficient in acting against lawyers guilty of crim~s, and was so sh_ort-staffed that 1t ~ou!d _re- duce its backlog only by d~smiss~ng large numbers of complaints with In recommending the hiring of salaried judges to hear disciplinary cases and also to replace the bar's volunteer appellate court, Fell- iie changes. little investigation. . training, used varying standards and often issu.ed inconsistent deci- sions. Some bar leaders resisted the proposal because of the cost but went along after legislative ac- Fellmeth haS' promised to lobby for the dues increase. .LI -----~ ,,,, · tion was threatened.

co: al;ays chatng\spobr1 ts. 1He wa: $275 for lawyers with three or his high school golf t~m and hli with less experience pay lower brother went to Grambling State or amounts. a_ ee- 1me mos va ua e P ayer more years of practice. Lawyers "In fact, my mom wanted me tc go for improvements in the disci- pick golf instead of basketball," Cot• plinary system that were recom- trell said. "She doesn't like to see me mended in a critical report by a a golf scholarship. The bulk of the increase would Cottrell's not too concerned about General John V:an d~ Kamp. , scoring _aver the h1nng of full-time professional guy who s played ms1de judges for discipline cases, replac- all his hfe,_ he sees the overall ing the 440 volun er attorneys age. ~or ''I'm just looking to play well, to es and part-time referees who now contribute," he said. "After a game, I conduct the hearings. t.hat r h• 16 3 WCAC , , • 0 IS · scheme of thmgs pretty well. and small numbers of retired judg• get hurt." monitor appointed by Attorney Th~ ~argest smg)e item wou!d be

look to see what I did wrong first.

The money also would expand meth said the volunteers had little

I'm not worried about what I'm scor- the bar's staff of prosecutors and

ing."

/ investigators to tackle a persistent backlog of disciplinary cases. The bar failed to meet a legislative deadline of the end of 1987 to clear Board president Terry Anderlini said the actions ensure that the up the backlog.

L

8t988

1e,.',

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/Mission encounters another snag on project

4

By Jim O'Connell •

The mission, listed on the National Register of Historic Places, was founded by Father Junipero Serra in 1769 at the site of what is now Presidio Park, but the first church at it the mission's present location in Mission Val- Monsignor I. Brent Eagen promised laS t year to deliver to th e city a report on th e 20· year excavation of th e property before con- struction on the 8,036-square-foot hall would begin. That excavation was completed by fac- D~go, and their 500-page report was delivereo to city officials in November. But after archeologists from around the state reviewed and strongly criticized the re- port, and city staff members termed it "defi- cient," the Historic Site Board yesterday voted 10-0 to ask the church to expand it. ley was built in 1774.

city staff and the City Council that no building permit be granted until further information on the excavations is presented. And it asked that city staff members explore with church offi- cials construction methods that would lessen Donald R. Worley, the attorney for the mis- sion, told the board that under city ordinances neither the city nor the board has authority to order the building permit withheld. However, he said, church officials have not demanded the the impact on the ruins.

Worley said he was concerned that construc- tion might be delayed until new regulations are developed that would prohibit the building. "There is st ill some unfinished business, aa d th e diocese is willing to accommodate th at," Worley said. "But I'm not making any commit• A succession of archeologists told the board yesterday that the USD report lacks important documentation for its claim that construction of the building would not disturb any import- meats."

"J_ Cf ")

Slaff Writer

The city's Historic §'ite Board yesterday unanimously recommended that city officials withhold a 'permit for construction of a contro- versial meeting hall at Mission San Diego de The board rejected as deficient a long-await- ed report on th e excavation at California's old- est mission and asked the city staff to withhold th e permit on th e proposed building until the The Roman Catholic Diocese of San Diego has planned since 1980 to construct a new par- ish hall on the site of ruins at the mission, which is near San Diego Jack Murphy Stadium. But that plan has been delayed by city officials and preservationists who claim construction of the hall would obliterate one of the most im- Alcala. · report is expa nd ed.

•

ulty aa d st udents of th e U~n permit because they want to cooperate with

ant historical artifacts.

city officials.

Ron May, a local archeologist, criticized the

After the vote, Worley said church officials ~eport as professionally inadequate.

may be willing to expand the report and agree

"It doesn't meet the minimum standards set

to further measures to lessen the impact of , forth by the community of archeology in Cali-

constr~ction on the ruins if they are assured t~ey will be allowed to build once the condi-

fornia," he said. "Basically, it's a student-style paper. It doesn't even qualify as a rough draft

-~p-or_t_an_t_a_rc_h_a_e.,ol_o_gi_c_al_s_it_es_on_t_h_e_w_es_ t C_o_a_s_t.___

Th_e~bo~a~r_d_a_1so_ v_o_te_d_ to_ re_c_om_ m_e_n_d_t_o_t_he--t~1o_ns are met.

or field report."

/