And now:Ish <[EMAIL PROTECTED]> writes:

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>Date: Fri, 08 Jan 1999 22:35:45 +0100
>To: Chris Spotted Eagle <[EMAIL PROTECTED]>, Ish <[EMAIL PROTECTED]>,
>        Lulu <[EMAIL PROTECTED]>, Elsie Herten/KOLA <[EMAIL PROTECTED]>,
>        Gary Night Owl <[EMAIL PROTECTED]>
>From: Celine - CSIA/LPSG-France <[EMAIL PROTECTED]>
>Subject: Fwd : Randy Reeves, Jan 6th, 1999 update
>
>The following update was forwarded by Linda Lucasey, Americans Against
Death Penalty-AADP.
>E-mail : [EMAIL PROTECTED]
>
>Jan. 6, 1999----
>
>NEBRASKA:
>
>In Lincoln, with fewer than 10 days remaining before his scheduled
>execution, Nebraska death-row inmate Randolph Reeves on Tuesday was
>denied his latest appeal.
>
>The Jan. 14 execution still could be delayed, however, depending on what
>action is taken next by his attorney and the Nebraska Supreme Court.
>
>Reeves' lawyer, Paula Hutchinson of Lincoln, could not be reached for
>comment. Lancaster County Attorney Gary Lacey said he expects Tuesday's
>ruling from  Lancaster County District Judge Earl Witthoff to be
>appealed to the Nebraska Supreme Court.
>
>Assuming Hutchinson and her client appeal, the high court could delay the
>execution to allow time for it to consider Reeves' latest argument - that
>Nebraska's newly enacted equal-protection clause is grounds to invalidate
>his death sentence.
>
>The court also could ask lawyers to expedite their arguments or it could
>simply let the execution occur without taking further action.
>
>Meanwhile, Reeves' father, Don, of Central City, Neb., said he still hopes
>the Nebraska Board of Pardons will grant his son clemency.  If not, he
>said he probably will seek to be a witness to his son's death.
>
>"The basic reason would be our level of commitment to Randy as our son,"
>Reeves said. Reeves' mother, Barbara, would not witness the execution.
>The Reeveses, who are Quakers, adopted their son, an Omaha Indian, when
>he was 3 years old.
>
>Randolph Reeves, now 42, was sentenced to death for the March 29, 1980,
>murders of Janet Mesner and Vicki Lamm in a Quaker meeting house in
>Lincoln.  Mesner was the daughter of family friends and fellow Quakers,
>Kenneth and Mildred Mesner of Central City. The Mesners also have urged
>clemency for Reeves.
>
>Hutchinson, before the court ruling, said Reeves recognizes the graveness
>of the current status of his case but is "humbled and honored" by the
>efforts to save his life.
>
>The appeal decided by Witthoff hinged on the equal-protection clause that
>Nebraska voters added to the State Constitution in November.  The clause
>guaranteeing that every person be treated equally under the law was
>recommended by a special Constitutional Revision Commission.
>
>Among other arguments, Hutchinson maintained that Reeves' right to equal
>protection was violated because Nebraska's death penalty has been applied
>in a racially discriminatory manner.  Hutchinson argued that black people
>and American Indians are more likely than white people to be sentenced to
>death in Nebraska.

>
>In a 9-page ruling released less than 30 hours after lawyers argued
>their case to him, Witthoff rejected all of Reeves' arguments.
>
>He said the same arguments already had been rejected in past court cases.
>
>"Simply rephrasing the allegations in terms of the newly created Equal
>Protection clause of the Nebraska Constitution does not change the
>essential underlying nature of the claims," the judge wrote.
>
>Witthoff said Nebraska voters did not intend the new equal protection
>clause to apply to past cases. Otherwise, anybody ever convicted in
>Nebraska could challenge a conviction under the equal protection
>clause, he said.
>
>He also said that Hutchinson had not made her case that Nebraska's death
>penalty is discriminatory.  He said meaningful statistical analysis is
>impossible because so few executions have been carried out in Nebraska -
>3 since 1959.
>
>Witthoff also rejected Hutchinson's argument that the electric chair was
>cruel and unusual punishment.  The judge said that because 11 states still
>authorized its use, there was no national consensus that it was cruel or
>unusual.
>
>(source:  Omaha World-Herald)
> 

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