News Scrapbook 1988

Los Angeles, CA (Los Angeles Co .) Los Angeles Daily Journal (C,r. 5 x W. 21 ,287 ) DEC 30 1988 ..All,ri ', P. c. e Eu 1A8R

Oceanside CA (San Diego Co.) North County Blade Tribune l qr. D. 29,089) Cir. S. 30,498) NOV 3 O1988

,. 5 Cri1ninal Law Notebook Martin Berg ABA to Study Habeas, Probation, Searches

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C I f.u 1818 /Uso silences 'The Pit'

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Several members of the California legal community figure prominently in three new projects launched by the American Bar Associ- ation's Section of Criminal Justice. The three projects focus on federal habeas corpus review of death penalty cases, the search warrant process and the probation re- sponse to child sex abuse offenders. They are supported by grants from the State Justice Institut!! to the ABA's tax~empt Fund for Justice and Education. In an 18-month study of special problems associated with federal habeas corpus review ofstate death penalty convictions, a joint state- federal task force co-chaired by California Chief Justice Malcom Lucas, will examine ways to make the death penalty reviewprocess more rational, asswning the continued exis- tence of federal court jurisdiction to review such cases. Composed of judges, court administrators and defense and prosecution lawyers, the task force will hold hearings around the country to hear from public officials, lawyers and others. "The tensions surrounding the federal habe- as corpus review are most exaggerated when I the case under review involves the death penal- ty," said Terence F. MacCarthy, the Chicago lawyer who chairs the Criminal Justice Sec- tion, in a prepared statement. "The stakes are very high, public interest and publicity peak; the factual, legal and procedural issues are most complex; and the time frames within which decisions must be made is very short. The need for cooperation between the state and federal court systems is high; actual coopera- tion is frequently grudging at best." Co-chairing the task force with Lucas is Judge Alvin Rubin, ofthe 5th U.S. Circuit Court of Appeals. Ira Robbins, a law professor at American University Washington College of Law is the project reporter, and Tom C. Smith, a Washington, D.C., lawyer and associate di- rector of the Criminal Justice Section, is pro- j ect director. The final report will include recommenda- tions to state and federal courts, legislatures and executive branch officials. The section's second new project will devel- op guidelines to help magistrates and judges III reviewing and ruling on search warrant appli- cations. A six-member task force chaired by Sheldon Kranz, a 'Qniversily of San Diego law professor, will develop the gwdellnes and commentary. "By providing magistrates with practical guidance on the process, as well as the sub- stance, of the search warrant review, we hope to help ensure that judges give thoughtful con- sideration to decisions at this important stage of the criminal justice process," MacCarthy said. "State search warrant review processes

need to be improved for the search warrant application process to serve the role in the criminal process contemplated by the Constitution." Gerald M. Caplan, law professor at the George Washington University Law Center, will serve as the reporter to the search warrant project, and Betty Harth, Criminal Justice sec- tion administrator, is the project director. The section's third new project examines probation response to child sexual abuse of- fenders. The p1 ojcct is studying how probation departments, already burdened with large caseloads, cope with their responsibility to su- pervise child sexual abuse probationers. "Criminal courts are facing record numbers of child sexual abuse cases," MacCarthy said. "Many of these cases are terminating with the offender being sentenced to probation, often with specific conditions such as 'no contact' orders with the child victim and/or a require- ment that the offender receive treatment, ob- tain . ,. !,)oyment, make restitution for the vicUni unseling ~nses and so on." Th 1ect will explore, at four sites and a witb ational survey, whether the compli- \'ith court-ordered conditions of pro- s , eater in jurisdictions in which are used more frequently. lives, MacCarthy said, are to:

couldn't bear it," quipped Socker coach Ron ewman. A highlight of the game will be last year's ·coring champion, Wichita's Erik Rasmussen, going up against last season's Goalkeeper of the Year, Socker Zoltan Toth. The Sockers will be missing Branko Segota (ham- string) and liormoz Tabrizi (back). ••• The USIU basketball team has also opened at 2-0 with home wins over Air Force and Maryland Eastern Shore. But the going gets tougher for coach Gary Zarccky's Gulls USIU is on the road for its next eight games, which sta rtcd last night with a 97 61 loss to USC. The Gulls have a date with Syracuse, currently ranked fourth in the nation by 1'he A. sociated Press, in the Car ricr Dome on Dec. 14. In a 20-day periO

form everyone of th!' band rule. It' my Job to rend tho e things." To control 'ew Mexico, Egan f It is team hnd to top the fast break and keep the taller Lobos off the board The young 'l'orcro did thnt m both their tourney v1ctorie , holding Lehigh and w Mexico to 39.6 percent hooting average USO also outrebound d Lehigh by three and New Mexico by 10. There arc even fr hmcn on the USO squad, including star- ting guan.1 Wayman Strickland, who led the Toreros with 14 points again t th<' Lobo . First- year player Gylan Dottin (9 points, 9 rebounds, 4 a si tsJ and Kelvin Wood al o contributed "A good pcrcl.'ntage of th m played with a gr at amount of poi ·e," Egan said of his young ter ' play m front of stan- ding room-only crowd of 16,889. "I thmk we compet d better than we played" If nothm else, U D (2-0J rnu ht th attention of he rest or the W c t Coast thlet1c Con- ference "We alerted people around the leagul'," Egan aid "I know there were omc call made around the league about scouting us and luff." USO plays its fir:;t home game against D1vi 10n II AIA oppo- nent Cal Lutheran tonight ••• The Soc ke rs 2-5) lo ers of back-to-back game which put them m the ha ement of the Ma- jor Indoor Soccer League, will ho t the Wichita Wings 7:30 Saturday night at the Sports Arena "I had to read the paper up 1de-down Monday, because I

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~e compliance with the conditions n~ the rate of recidivism among •rs on probation departments; and op cost-efficient suggestions for im- ,e monitoring of child sexual abuse by probation departments. mate goal," MacCarthy said, "is to and probation departments deal y with the many child s~xual abuse which probation is ordered." rbara Smith of Reston, Va., is the principal investigator. Susan Hillen- rector of the Criminal Justice Sec- im/Witness Project, serves as the senior staff associate. d said the four sites haven't been t. , e information on the projects, con- lA Criminal Justice Section, 1800 M , Washington, D.C., 20036, 202-331- •••

proje brar.c tion' projec HIii select For tact t!11 Street. 2260.

IN RECE.sT CASES: Citing previous dis· agreement among courts on proof and due pro- cess in 'resident child molester' cases, the 5th District Court of Appeal has invited the state Supreme Court to use People v. Vargas, F008650, to resolve the issues.... The 2nd Dis- trict, in Peopl.e v. Rojas, B027817, ruled a de- fendant's sentence cannot be enhanced by a prior conviction for an offense committed after the crime alleged in the pending trial./

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San Diego, CA (San Diego Co.) San D,eg_o Union (Ctr. D 217,089) (Ctr, S. 341,840) DEC

Oceanside, CA (San Diego Co.) North County Blade Tribune ! Cir. D. 29,089) Cir. S. 30,498) DEC 3 0 l~ll

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f' C. 8 Eu 1818 /Slumping Toreros play host to Marist By Tom Krasovic q h { the Indiana Pacers. . I . Eg~~::in be quicker Marist big- 1arr Writer "'I_'; \ I • Because of benefits v10 at1ons, t h f' , es to be at tr ti · d to Smits the school ger A key ma c up 1gur What you may or may not want _to mos 1 m~eg~ ear p~obation by center, where 6-11 senior Mirsolav ow about Marist College and its was Np ;~A t two-y Marist is not Pecarski faces USD's Dondi Bell. basketball te , which opposes the th ~ . as year. . Pecarski, whose benefits figured in Umversl.U'.,_of San Diego tonight (7:30) ehg1ble ~r ~~e~o:ere~:e~~urna the probation, played for the Yugo- at the USO Sports ~ter: , m~~~\me 'rtant fa~t~~ Marist(3-4) slav Olympic_team in ~ul this year. • The Red oxes are from usf( 4· 5 ) it would be the He is averagmg 22 pomts _and 11 re- Poughkeeps1e, NY. beats ' . ill h bounds Pecarski had 25 pomts and 12 • Despite its small enrollment Tor~ro 'fourth straight loss and t rebounds in Marist's 131-107 loss at (3 000), Marist went 1~-9 l~st season m g~mes. that USO would iron Loyola Marymount on Wednesd~y. In and won the champ1onsh1p of the e Pan was . that ame teammate John KiJonek East Coast Athletic Conference (now t~ings_ out this week _with two!~: had 3i po~ts and 14 rebounds. the Northeast Conference). victo;ies ~fo~;f 1~~g~~~cky on Bell is coming off perhaps his best • Its best player last season, 7- Mon ay an a es e ·n collegiate game The 6-9 sophomore foot-4 Rik Smits, a.k.a. the Dunking Thursday. ~utNth et/~~: 1~;_ 7~ from Crawford ·High had 18 ~ints, Dutchman, guided th.e school to t_he- ;:tm~t O tbut making tonight'~ eight rebounds, four assists and only NCAA Tournament m 1986 and 87 nes ay, . tant C ch Hank one turnover against North Texas. and was a first-round draft pick of game more 1mpor , oa

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1888

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Dosick among those honored by library· s~f ~ACH - Rabbi has said of the b~ok, "I ~m Wayne D. Dosick, spiritual reading the b~ok :,v1th deep 111- leader of Congregation Beth Am terest. I ho~e 1t _will be,,read by in Solana Beach and author of many Jews m this land. . "The Best is Yet To Be: Renew- And, writing in The Jewish ing American Judaism" will be Journal in Los Angeles, Yehuda honored by the San Diego Public Lev said, ''We_ suggest you read Library at a reception on Satur- this book, w~1ch 1s o~t m .~he day evening, Jan. 7. books!ores, this ve~ mmute.. The reception celebrates the Dos1ck . founded Congregation opening of the 23rd annual Local Beth _Am m Solana Beach m 1982. Authors Exhibit sponsored by Previously, he _served Congreg~- the library. Dosick's book, along lion Beth ~1 in _Jolla for six with books puilished by other years. He _1s a v1s1tifg 5 profe~sor local authors during 1988, will be at the pmvers1ty a . aA Diego on display at the library during and a regular columnist and ~on- thc month of January. tributing editor of The San Diego "The Best Is Yet To Be: Jewi h Times. Renewing American Judaism" is The book is available in local a critical analysis of what 1s Jewish bookstores, at Congrega- wrong wih Jewish life m tion Beth Am and by mail from America today and a blueprint the publisher, The Town House for its future. Press, 28 Midway Rd., Chestnut Elie Wiesel, Nobel Laureate, Ridge, N.Y.

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