European Stars And Stripes (Newspaper) - June 27, 1986, Darmstadt, Hesse                                Page the stars and stripes Friday june 27,1986 justices bar executing anyone insane Washington a the const Lulion s ban on cruel and unusual punishment bars status from exec uting any insane person the supreme court ruled by a 5-4 vote thursday. The court by a separate 7-2 Vole ruled hit Florida must hold new hearings into the mental competency of convicted murderer Alvin Ford whose lawyers say he became insane while he was a death Row inmate. A 38 slates with death penalty Laws including Flor Ida have policies against executing mentally incompetent people even if they were competent when they committed their crimes. But until thursday the nation s highest court never had said thai such a policy is constitutionally required. In splintered voting inc court reached these conclusions Ford if he is insane cannot be executed for the 1974 murder of fort Lauderdale policeman Waller Ilyankoff. If he is insane he could be executed once he is cured. The procedure Florida used in determining that Ford is sane violated his due process rights. Seven justices said Florida must provide Ford with a hearing where his lawyers and the slate s lawyers May present evidence As to his mental competence. Forc Cluries no jurisdiction has countenanced the execution of the insane yet this court has never decided whether the Constitution forbids the  jus Tice Thurgood Marshall wrote. Today we keep Faith with our common Law heritage in holding that it docs. Marshall said the eighth amendment ban on cruel and unusual punishment protects the insane from exe cution whether its aim be to protect the condemned from fear and pain without Comfort of understanding or to protect the dignity of society itself from the barbarity of exact ing mindless  Marshall was joined in that portion of his opinion by justices William j. Brennan Harry a. Blac Lymun Lewis f. Powell and John Paul Stevens. Turning to How stale officials determined Ford is sane and can be executed Marshall said the procedure used under Florida Law provides inadequate Assur ances of accuracy under state Law a three psychiatrist commission appointed by Florida gov Bob Graham in 1983 found Ford to be competent for execution. Two psychical risks hired by Ford s Public defenders found him to be a paranoid schizophrenic who is men supreme court Roundup tally incompetent to understand Why he is to be exe  a separate opinion Powell said Florida and other slates could satisfy the constitutionally mandated requirements for such sanity determinations by provid ing an impartial officer or Board that can receive evidence and argument from the prisoner s counsel including expert psychiatric evidence that May differ from the state s own psychiatric  Powell said Stales should have substantial leeway to determine what process Best balances inc various interests at  Sandra Day o Connor and Byron r. White in an opinion by o Connor said the Constitution docs not bar states from executing people while they arc  the two said thai in Light of Florida s policy of not executing anyone who is insane the procedure to determine Ford s sanity was inadequate to satisfy even the minimal requirements of due  Justice William h. Rehnquist joined by chief jus lice Warren e. Burger voted to let Florida execute Ford now. In other cases the court made it easier for criminal defendants to gel new trials when their lawyers fail to Challenge inc unlawful seizure of evidence. The court s 9-0 ruling upheld a decision that opens the Way to overturning a new Jer sey Man s conviction on charges of forcing a 15-year old girl to have sex with him. The defendant Neil Morrison was convicted of forcing a teen age girl to have sex with him in 1977, police took a bed she cd from his unlocked apartment As evidence and Morrison s lawyer failed to Challenge the seizure in Pretria proceedings. Made it easier for police and prosecutors 10 use incriminating statements made by defendants to jail House informants. By a 6-3 vote inc court reinstated the murder conviction of a new York cily Man who made incriminating statements to his cellmate. The ruling reinstates the conviction of Joseph Allan Wilson sentenced in 1972 to 20years to life for murdering a taxicab dispatcher in a 1970 Holdup. Upheld a convicted Virginia killer s death sen Lence even though his constitutional rights May have been violated in the sentencing hearing he received. The justices by a 5-4 Vole said Virginia is free to execute Michael Marne Smith because his lawyer did not Challenge the sentencing hearing when appealing Smith s Case to the state s highest court. Smith was convicted of the 1977 sex slaying of Audrey Jean Weiler. Pane approves ceilings in product liability suits Washington up attempting to reign in a judicial system described As having gone haywire with huge awards in product liability suits a Senate com Mittee has voted to Cap awards for pain and suffering at $250,000. The scale Commerce committee turning aside complaints by opponent that victims rights were being ignored voted 10-7 wednesday to approve an amendment limiting pain and suffering jury verdicts. The committee is scheduled to take a final vote thursday on a product handily Reform Bill it has debated for four years. Chairman John Danforth r-mo., who sponsored the amendment limiting jury awards said his amendment is needed because the civil Justice system has gone haywire with huge sums awarded by juries for pain and suffering in product liability cases. Danforth s amendment is aimed at in creasing incentives for parties in product liability cases to Settle quickly. But sen. Albert Gore d-tenn., who opposed Danforth i amendment spoke emotionally about a 5-year-Otd Giri who May need so operations because of Buras she suffered Over 80 percent of her body after a defective Camp stove exploded. Who in the hell Are we 10 say that 250,000 covers All of her pain and suffer ing for her life Limet Gore said How Dowe know that $250,000 is the Correct limit we Don t know. That s the  if passed by the Commerce commit tee Danforth said the Bill probably will go 10 the judiciary com Millie before reaching the Senate floor where the damage award Cap s Falc k Uncertain. The Danforth amendment provides that if both parties agreed defendants would pay an injured party s net eco nomic loss those expenses nol reimbursed from other sources plus a maximum of j 100.000 for pain and suf Fering caused by the death of a Parent spouse or child serious or permanent disfigurement or loss of body function or loss of a limb or Organ. If the defendant rejected the injured party s settlement offer and the de find and has a court judgment against it that is equal to or greater than the Sel  offer the defendant would have to pay the injured party s Legal fees another costs up to 1100,000. In cases where the injured party rejects the defendant s settlement ofter any pain and suffering awards would be limited 101250,000. Congressman attacks 2 panels Appolo rep. Obj Roth a wis shouts and clip chs � 1st As be Breaks two 1-Inch boards with a chop of his other hand. He shattered the boards during con Gressional demonstration of tic Kwon do on Capitol Hill. Hostage shot by police death called mistake _. .j._-i. .1.1 pm �t,aj4mih Milru trip so Notino a purred after lived Tilos Angeles up a swat team Marksman Shol to death the Man Ager of a Beverly Hilts Jewely store be cause he mistook the hostage for the gun Man who had killed two of his captives hours earlier the los Angeles county sheriff said wednesday. It was nol an accidental shooting said sheriff Sherman Block. It was a tragic end a  authorities said Steven Livaditis 22, who is accused of being the hostage taker at the Center of monday s Daylong drama probably would be charged with three counts of murder in a death penalty Case. Hugh Skinner manager of the Van Cleef & arpels jewelry store on posh Rodeo could face the death penalty. Fox said Livaditis would be charge for the execution style killings of Security guard William r. Smith 54, stabbed to death Early in the 13-hour drama and Saleswoman Ann Heilperin 40, who was shot in the Back of the head. He said Livaditis almost certainly would be charged with killing Skinner because he used turn As a shield. Block said Skinner was shot and killed by Deputy George Johnson 42, who has been a Deputy sheriff for 13 years and a swat team member for three years. ,1uc, a. Johnson fired from a rooftop Over Ilis. A Brooklyn bom drifter who pre looking his target which was about 100 Pussy lived in Las vegas and Fox said he Yards away in a Well ugh Ted parking lot drive was shot to death monday night As the suspect tried to escape from a Side door using three hostages As a shield. We have no doubt at this time. It was our round that killed or. Skinner Block  said the sheriffs Sharpshooter mistook Skinner 64, for the 22-year-old gunman in part because the hostage assumed what appeared to be a threatening pose. He also said the two men one four inches taller and 20 pounds heavier than the other might have changed clothes. Deputy District attorney Eldert Fox said murder charges would be filed against Liv Vio the shooting occurred Livaditis surprised officers by trying to sneak from the store lied to the two other hostages with All four people swathed in jewelry Case covers that had been taped together. Two swat team members threw Flash bang grenades at the group As a diversion Block said. Al that Point one individual skin Ner came out from the drape and the others went Down together he said. Block said Skinner was not lied to the others possibly because he was to drive getaway car. When he hit the ground he sat up and raised his hands As though he was about to shoot at someone under the drape Block said