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California Immigrant Law Contested
BY CAM NGUYEN
STAFF WRITER
Proposition 187 is still on temporary
restraining order two weeks after it was
overwhelmingly approved by voters in
California.
Proposition 187 is an anti-immigrant
ballot measure that would deny all public
services to illegal immigrants The mea
sure would bar illegal immigrants from
attending public schools and from receiv
ing social services and nonemergency medi
cal care. It would also mandate that offi
cials enforce the law by requiring people to
show proof of legal residency before pro
viding any services.
The measure was initially devised by
two former Immigration and Naturaliza
tion Services directors, Alan Nelson and
Harold Ezell. It was passed by a 59 percent
to 41 percent vote on Nov. 8.
Just one day later, a federal judge and a
state judge, ruling separately, announced
that 187 was unconstitutional andput it on
legal hold.
“Judge William Matthew Byrne of the
U.S. District Court issued a temporary
restraining order that bars any enforce
ment of Proposition 187 until we get a
court date and make our arguments,” said
Kathy Patient, spokeswoman for the
Investigation Inconclusive in 1953 LSD Death
THE ASSOCIATED PRESS
WASHINGTON, D.C.—Pathologists
who examined the remains of a germ war
fere researcher say they can’t tell whether
he was murdered or leaped 13 stories to his
death days after the CIA gave him an
experimental dose of LSD in 1953.
“We didn’t find any smoking gun,” said
James E. Starrs, professor of law and fo
rensic science at George Washington Uni
versity. “The nonscientific aspects, though,
are rankly and starkly suggestive of homi
cide. There’s no other way I can read
them.”
A final report of Starrs’ six-month fo
rensic probe into the death of Frank R.
Olson was released in Washington Mon
day, exactly 41 years after Olson plum
meted to his death at the Statler Hotel in
New York City.
Olson’s relatives initially were told that
the biochemist employed at Fort Detrick
in Frederick, Md., committed suicide by
crashing through the hotel window.
Twenty-two years after his death, how
ever, the family learned that Olson had
been given LSD as part of mind-control
research the CIA financed during the Cold
War. Upset and depressed after the experi
Experts Wonder What Went Wrong in Yugoslavian Intervention
THE ASSOCIATED PRESS
SARAJEVO, Bosnia-Herzegovina
Just one month ago, outgunned govern
ment troops burst from the isolated Bihac
comer of northwest Bosnia and pushed
Serb forces backward in their most success
fill offensive of the war.
Government troops were on the offen
sive elsewhere, too, and the United States
was preparing to announce it no longer
would enforce an arms embargo against
the Bosnian government.
After 2 years of taking it on the chin, the
Bosnian government was taking it to the
Serbs.
Weeks later, the government’s back is
to the wall again. Serbs have retaken most
of the territory around Bihac, the U.N.
peacekeeping mission is in shambles and
the U.S. defense secretary has acknowl
edged that the Serbs have in effect won the
war.
What went wrong?
Bosnian army miscalculations played a
role. But the story of the Bihac campaign
also highlights U.N. failure to meet its
basic responsibilities in the former Yugo
slavia.
Sources in the Muslim-led government’s
army say planning for the Bihac campaign
began two months ago when the United
Nations withdrew a unit of French peace
keepers from Bihac and replaced them
with poorly trained and underequipped
Bangladeshis.
That was shortly after the government
army had routed renegade Muslims and
taken control of the entire Bihac region,
which was surrounded by Bosnian Serbs to
the south and east and by Croatian Serbs to
the north and west.
The Bosnian army concluded that the
Bosnian Serbs would attack to secure terri
tory for a railroad that could link the Serbian
capital of Belgrade with the farthest-flung
parts of Serb-held land in Croatia and
Bosnia. The Bihac region was the only
missing piece in the railroad plan.
Rather than wait for an attack, the gov
ernment army struck first, taking 100 square
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American Civil Liberties Union, which
has filed suit against the proposition.
There are currently 12 to 14 lawsuits
filed against 187, according to Rosemary
Jenks, a senior analyst for the Center for
Immigration Studies in Washington, D.C.
All areas of the measure have been chal
lenged except one that makes document
fraud a felony, she said.
Most of the lawsuits regard the provi
sion that bars illegal aliens from attending
public schools.
They cite a 1982 case, Flyler vs. Doe, in
which the U.S. Supreme Court ruled that a
Texas law was unconstitutional because it
was a “violation of the equal protection
clause of the 14th Amendment to single
out illegal immigrants as a distinct class of
people who would be denied services of
fered to all others," according to a press
release from the ACLU.
Schools have challenged 187 because
they do not want the responsibility of en
forcing the law.
“It is difficult for an administrator to
say, ‘lfyoucan’tproducethe(properdocu
ments), I can’t let you in this school.’ It is
hard for them to do that,” Jenks said.
According to the press release, the judges
said public services could not be denied to
illegal immigrants until a resolution was
reached involving the legality of the issue.
ment, Olson was rushed to New York to
see a specialist who was working with the
then little-known hallucinogen.
To resolve suspicions of foul play,
Olson’s sons, Eric and Nils, had their
father’s body exhumed in June.
Members of a forensic team ledby Starrs
could see an appendectomy scar on Olson’s
well-preserved body, but there was no evi
dence of the multiple cuts noted on the
original autopsy report.
“What explains that he went right out a
window that was closed without getting
any cuts on his body?” Starrs asked. “It’s
not inconceivable that someone could have
broken the window after he went through
to make it appear as if he had gone through
a window as a crazy person would.
“I’m skeptical that anyone could clear a
radiator, a 31-inch high window sill, pass
through a 3-by-5-foot window opening
obscured by a drawn shade, all in the
darkness of a hotel room at night, ” he said.
Stans, who has conducted forensic in
vestigations into the deaths of explorer
Meriwether Lewis, the ax-murdered par
ents of Lizzie Borden and assassinated
Louisiana Sen. Huey Long, also said he
was puzzled by a hematoma, a swollen
miles of Serb-held territory.
At the same time, the army and its
Bosnian Croat militia allies seized the town
of Kupres to the south. The Bosnian army
was pressing the Serbs in central and north
east Bosnia. The government appeared to
be on a roll.
The United Nations did not react to the
government offensives, and they were
greeted with some satisfaction in Wash
ington, D.C.
That told the Serbs two things: that the
United Nations probably would not react
to a counterattack, and second, that stron
ger U.S. backing for the Bosnian govern
ment meant there was no sense in fighting
only a defensive war to protect what they
had captured.
The Bosnian sth Corps in Bihac was a
threat, and Bosnian Serbs concluded they
had to contain it.
Government generals expected a Serb
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Byrne has scheduled a conference to
discuss the case today.
Ron Prince, a drafter of 187 and chair
man of Save Our State, a political action
committee, said the measure did not in
volve discrimination but rather politics and
the well-being of California.
“It is necessaiy because our politicians
are not responsive to the state but to special
interest groups who are profiting from ille
gal aliens from cheap labor,” he said.
He said the constant flow of illegal im
migrants caused problems for legal Cali
fornia citizens.
“We have only so many tax dollars,” he
said. “When you are spending 10 percent
or more on illegal aliens, you are taking
from the legal ones.”
According to the INS, the total number
of illegal immigrants in the United States
in 1994 is 4 million, with 40 percent living
in California.
However, despite the logical arguments
offered in defense of the measure, 187
cannot be passed, Patient said.
“It is unconstitutional —a state can’t
set federal law. It’s up to federal ruling and
Congress; the whole thing should be thrown
out,” she said.
According to a press release, recently
re-elected Republican California Gov. Pete
Wilson wants the state government to en
area filled with blood, over Olson’s left
eye.
Dr. Jack Frost, deputy chief medical
examiner of West Virginia who examined
the exhumed body, said he did not believe
Olson suffered the injury in the fall.
“It was smooth,” Frost said. “If you hit
concrete, you’re going to see abrasions.”
The injury could have come if Olson
had rammed his head through the win
dow, Frost said. Starrs said it was also
possible that someone hit Olson on the
head and threw his body out the window.
“But we can’t prove it,” he said.
Starrs said today he believed the unex
plained hematoma raised enough ques
tions to reopen the case.
Toxicology tests on Olson’s body tis
sues showed no evidence of LSD or any
other drug, Starrs said.
“That doesn’t mean he didn’t have any
at the time he died or before he died,”
Stans said. “It means that, as of now, we
can’t find any.”
Starrs is still awaiting toxicology results
on Olson’s hair samples.
Scientists had hoped the forensic evi
dence would provide a definitive explana
tion of Olson’s death, but Starrs still cannot
counterattack from the South, which be
gan in the second week of November.
What they did not expect was intervention
by Seibs from Croatia to the North.
Now, Serb forces are on the outskirts of
Bihac, planes based in Croatia have raided
Bosnian towns and artillery has shelled
Bosnian government territory.
According to the rules under which the
United Nations entered former Yugosla
via, none of that should have been pos
sible.
In January 1992, following six months
of war in Croatia, the United Nations es
tablished demilitarized zones in the one
third of Croatia controlled by Serbs. Most
of that territory borders Bosnia.
Heavy weapons in those areas were to
be placed under U.N. control. But some
weapons never were under control; others
were placed in U.N. storage but were bro
ken out again at moments of tension.
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force 187 and said “the state would fight
appeals of the lawsuits all the way to the
Supreme Court."
Despite the raging battle between sup
porters and opponents of 187, both sides
could be left with more in their hands than
when they first started out.
“This is a good thing. It means the court
is receptive to our arguments. They think
that there’s enough merit that the matter
should be put on hold until we give our
arguments,” Parrent said.
Jenks said 187 was not going to be
effective in stopping illegal immigrants from
getting into the United States.
“There are ways around it,” Jenks said.
“There are very little enforcement provi
sions in Proposition 187.”
However, she said this was the first time
a grassroots effort involving anti-immigra
tion laws had succeeded in sending a mes
sage to Congress.
“At least since 1976, every single na
tional poll has showed that Americans
want better enforcement of our immigra
tion laws. Despite all that, Congress has
ignored them. Our borders are a joke,”
Jenks said.
“Sol think the significance of this is that
it really sends a message to Washington...
This is essentially a cry for help because
they have been ignored for so long."
say for sure how Olson died. However, he
said the fact that CIA researchers continue
to withhold information raised doubts
about whether Olson committed suicide.
For example, Starrs said Sydney
Gottlieb, who oversaw the ClA’s mind
control research during the Cold War, told
him he shredded documents detailing the
experiments “so they wouldn’t be misun
derstood.”
“I can’t see any reason why some of
these people will not talk,” Starrs said.
“Why lie at this point? The only possibility
that I can see from all this is that there is a
greater wrong than Dr. Olson out there
that they are all trying to cover up.”
Olson’s sons, who attended today’s news
conference, declined to comment on the
results. They said they would issue a state
ment after they had studied the report and
talked about it with a lawyer.
CIA spokesman David Christian said
Monday that Olson’s death was exten
sively investigated by Congress and the
Executive Branch in the 19705. In 1974,
then President Gerald Ford formally apolo
gized to the Olson family and the federal
government gave the family a $750,000
settlement.
The Bihac region includes a U.N.-man
dated safe area around the town of Bihac,
meaning that NATO could launch air
strikes if the area were attacked.
NATO launched two air strikes last
week: once to knock out an airfield in
Croatia from which Serb planes attacked
the Bihac pocket and once to silence Serb
anti-aircraft missile batteries that threat
ened its jets.
But by the time the United Nations
acknowledged that Croatian Serbs actu
ally were in Bihac safe area, there was
another problem: the United Nations,
which decides when NATO planes strike,
said the Serbs were so close to the center of
Bihac that any air strike would threaten
civilians.
And the U.N. commander in Bosnia,
Lt. Gen. Sir Michael Rose, said peace
keepers had “never promised to defend
anything.”
Gangster Organizations
On the Rise in Japan
THE ASSOCIATED PRESS
TOKYO Just across the tracks from
Tokyo’s towering City Hall, in a red-light
district drenched in neon and alcohol, a
local gangster boss bids a visitor farewell
with an odd lament.
“Be careful,” he says as an underling
eyes two monitors showing the outside
entrance. “Even I don’t feel safe out there
alone at night anymore.”
Squeezed by three years of recession
and intensified police crackdowns, Japan’s
“yakuza” underworld—which has opera
tions all over the globe has grown more
sophisticated, more unpredictable and
more violent.
In a country where guns are banned and
safe streets a point of national pride, head
lines over the past month have been alarm
ing:
—A waitress is shot in the head during
a robbery. The robbers escaped, but police
believe they probably got their guns from
gangsters.
—Drive-by shootings are reported at
the homes of a mayor and deputy mayor
and construction company executive in a
town in southern Japan.
Police suspect the gangland-style warn
ing was tied to a dispute over a public
works project.
—A gangster shoots a real estate devel
oper to death after an argument at a
crowded bar just east of Tokyo.
“We are seeing a daily occurrence of
gun crime,” said Takaji Kunimatsu, head
of the National Police Agency. “It’s abnor
mal, and very disturbing.”
To law enforcement experts, the trend is
COUNCIL
FROM PAGE 3
ing of the road would do to their property.
UNC journalism Professor Raleigh Mann,
who lives on Stateside Drive just offN.C.
86, said he was concerned about the loss of
his land and about traffic noise as the road
moved closer to his house.
Gordon Mitchell, who owns the prop
erty across the road from Stateside Drive,
said the widening would encroach on his
land, destroying the six rental units he
owns that occupy the area.
“The DOT right of way will come to the
foundation of the buildings,” he said. “I
went to Raleigh to talk to the DOT, and
these plans will destroy these units. Your
job will be to weigh the social costs of
destroying these units against the costs of
building the road.”
Council member Joyce Brown agreed
that the current plan needed alterations.
“When this came before us before, I
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clear. A leaner, meaner underworld is in
the making.
According to the National Police
Agency, the number ofknown career gang
sters dropped by about 9,000 to 53,000 last
year and 157 gangs disbanded.
The agency attributes that trend to
Japan’s economic slowdown and a set of
anti-gang laws that took effect in 1992.
Police acknowledge that no major gangs
have gone out of business, no leading fig
ures put behind bars.
The “big three” syndicates the
Yamaguchi-gumi, Inagawa-kai and
Sumiyoshi-kai—appear as stable as ever,
although membership is down.
The sudden end three years ago to an
economic boom fueled by easy credit and
heavy speculation in stock and land prices
has shrunken their incomes, but gangs con
tinue to take in billions of dollars each year.
“When I was with the police, gangsters
weren’t generally that rich,” said Raisuke
Miyawaki, a former head of the National
Police Agency’s organized crime division.
“But in order to understand Japan’s
economy now, you must take the yakuza
into account,” he said. “They are a potent
economic force, and the impact of their
money is immense.”
The yakuza the term is derived from
slang used in a gambling game and roughly
translated means “good for nothing”
derive much of their money from tradi
tional sources illegal drugs, gambling,
extortion, and the trades in sex and un
documented workers from China, Thai
land, the Philippines and Middle East coun
tries.
voted for it reluctantly even though I
thought the medians even at 16 feet were
too wide,” Brown said.
“One of the concerns I have is that we in
Chapel Hill do have traffic problems, but a
lot of the problems result from cars going
too fast. I think that we’re opening up the
way for a lot of fast traffic coming into our
town.”
Brown proposed installing a traffic sig
nal light at the inteisection of Stateside
Drive. “I think that we need to have four
lanes, but I don’t think that this kind of fast
moving traffic is what we need,” she said.
Although the road may eventually be
expanded further, Chapel Hill Mayor Ken
Broun said the resolution was the appro
priate option for the town to pursue.
“I’m uncomfortable with the depth of
the median north ofWeaver Dairy," Broun
said. “I’m uncomfortable with the amount
of lanes that ultimately may go there, but I
think this is a reasonable way to proceed
right now.”
5