4The Daily Tar HeelTuesday, October 10, 1989
P
ao io the works for .'West. Franklin Street complex
By KATHERINE SNOW
Staff Writer
Davidson and Jones, a developing
firm in Raleigh, is making plans for
construction of a new building on West
Franklin Street that will include office
and retail space.
The office and retail complex will be
at the "corner of Franklin, Rosemary
and Church streets that was originally
the site of Westcourt, a proposed retail,
office and residential project. Plans for
Westcourt fell through last year when
one of its organizers was arrested for
embezzlement.
"I'm really interested in getting this
new project going," said Josh Gurlitz,
secretary of the Chapel Hill-Carrboro
Downtown Commission, "I give
Davidson and Jones enthusiasm and
encouragement."
The developers have not decided how
much space will be available for busi
nesses and stores, or how big to make
the building. A representative of
Davidson and Jones said they planned
to release that information soon.
Gurlitz said he thought the project
would have stores catering more to
families rather than stores catering to
students, such as those on the 1 00 block
of Franklin Street.
"I think the retail at the west end of
Franklin Street will be compatible and
support other Franklin Street businesses
because it will draw in more shoppers,"
Gurlitz said.
Spanky's restaurant manager Bob
Loomis said he thought it would be
great for their business. "It will defi
nitely be a boost if there are office
workers who will come in and eat."
Cassie Carawan, who works at The
Whistlestop, located across the street
from the proposed project, said the shops
located in the new complex would
determine if competition would in
crease. "If there is another gift shop, then
yes, it might hurt us. But if not, then the
office center will bring us new custom
ers. Frederica Bishop, an employee at
The Painted Bird clothing store in
University Square, said the extra need
for parking space and construction noise
created by the project concerned her.
"The parking situation in Chapel Hill,
especially around Franklin Street, is
already so bad. I hope an office com
plex won't make it worse."
Sally Jessee, treasurer of the Chapel
Hill-Downtown Commission, said the
new office and retail center would have
parking for its employees and shoppers
but she wasn't sure how much.
U.S. Supreme Court to review N.C. law on death penalty
By KIMBERLEY MAXWELL
Staff Writer
The U.S. Supreme Court will begin
hearing a North Carolina case today to
decide if a state law dealing with the
death penalty is constitutional. The
Court's decision will directly affect 88
people currently on death row.
The case, McKoy vs. North Caro
lina, addresses the role of "mitigating
circumstances" during the sentencing
hearing after trial, said UNC law pro
fessor Barry Nakell.
McKoy, 65, was convicted for the
1984 murder of an Anson County dep
uty. Mitigating circumstances in a case
are factors such as age and emotional
disturbance that would influence the
convict and the crime, Nakell said. They
must be proven beyond a reasonable
doubt by the defense during the trial,
and juries decide if they have any rele
vance to the case. They usually weigh
against giving the death penalty.
Current N.C. law says all of the
members of the jury must agree that the
mitigating factors have been proven in
order to be considered, Nakell said.
But juries also consider aggravating
circumstances, such as if the convict
has committed another violent crime or
shot a police officer, when determining
the penalty, Nakell saidJ These facts
usually weigh in favor of the death
sentence.
The burden of proof is harder on the
state in finding aggravating circum
stances than for the defense to find
mitigating circumstances, said James
J. Coeman, senior deputy attorney for
the N.C. Attorney General's Office.
There are four steps the jury must
take when deciding whether to impose
the death penalty. The jury first consid
ers the existence of aggravating circum
stances and mitigating circumstances,
Coeman said. The jury then determines
if the mitigating circumstances out
weigh the aggravating circumstances
and vice versa. Lastly, by the previous
decision, a sentence is given. The jury
can decide if the death penalty is inap
propriate because of mitigating circum
stances.
Nakell said it was unlikely the U.S.
Supreme Court would uphold the law,
because of a similar case heard in 1988.
In the case Mills vs. Maryland, the
Court overruled a Maryland statute
allowing one out of the 12 jurors to
prohibit mitigating circumstances from
being found in a case. Under that stat
ute, if mitigating circumstances aren't
found, an automatic death sentence must
be imposed.
Nakell said Mills vs. Maryland would
probably set the precedent for overrul
ing the N.C. law.
But because N.C. law establishes
four standards that jurors must con
sider with mitigating and aggravating
circumstances, the two cases are sub
stantially different, Coeman said.
"We are cautiously optimistic that
the Court will rule in our favor."
This will not be the only time N.C.
law on the death penalty has come into
question before the U.S. Supreme Court,
Nakell said. The Court decided in 1976
that an N.C. law making the death
penalty mandatory for first-degree
murder was unconstitutional.
Nakell said that, as a result, all of the
death penalty sentences were converted
to life sentences.
Joan Byers, special deputy attorney
general for the N.C. Attorney General's
Office, will argue the case for North
Carolina, Coeman said. She has experi
ence with death penalty legislation and
has worked for the Office for 14 years:
But if the N.C. law is upheld and
death sentences are converted to life
sentences, there will be no difference
for former death row inmates, said Sam
Boyd, parole administrator for the N.C.
Office of Parole.
"It would potentially put people back
on the street." Boyd also said there had
been cases in which death row inmates
have had their sentences converted o
life and then been paroled.
But they would not immediately be
eligible for parole, Boyd said. The date
of their conviction and the years the,y
had previously served would be factors
in how soon they would be eligible.
Disagreement surrounds U.S. role in Panamanian coup attempt
By JENNIFER BLACKWELL
Staff Writer
Political analysts hold different opin
ions as to what the U.S. role should
have been in last week's coup attempt
against Panamanian Gen. Manuel
Noriega. A week after the unsuccessful
coup, however, confusion still exists
about the facts behind the failed effort.
The White House said Gen. Moise
Giroldi, a junior leader in the Panama
nian Defense Force (PDF), called the
State Department Sunday, Oct. 1, to
ask for political refuge for his family.
The message also requested that the
U.S. forces in Panama block routes
leading from Noriega's headquarters
and the garrisons loyal to Noriega for
the planned coup.
Tuesday morning, Oct. 3, while U.S.
forces were placed on alert, the rebels
opened fire on a car in which Noriega
was reportedly riding, according to
ABC news. A few hours later, the reb-
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els took Noriega hostage at the General
Headquarters.
The rebels took control of Panama's
Radio Naciona and made an announce
ment calling for the retirement of Nori
ega and other top-level military offi
cials. They also demanded that elec-.
tions be monitored by the Organization
of American States (OAS) and a change
to a more democratic form of govern
ment, said Marjorie Weisskohl, a pub
lic relations official at the State Depart
ment. The rebels contacted the White House
informing it that they had Noriega, but
did not offer to hand Noriega over to
U.S. commanders.
Defense Secretary Dick Cheney said
Sunday, Oct. 8, on CBS' "Face the
Nation" the president prepared a covert
action to take custody of Noriega dur
ing the coup attempt. President Bush
advised Gen. Maxwell Thurman, the
commander of U.S. forces in Panama,
to be prepared to use military force.
Shortly after the message to Thur
man, the coup fell apart as loyalists
surrounded the commandeered head
quarters and rounded up the rebels'
families. The .rebels, surrendered, and
four hours later Noriega appeared on
Panamanian television, saying he was
in control of the situation.
Poor timing and planning, as well as
a failure of communication between
the rebels and the United States, con
tributed to the failure of the coup, said
Eva Loser, a fellow of Latin American
Studies at the Center for Strategic and
International Studies. The fact that the
State Department did not ask questions
about the coup when the rebels called
on Oct. 1 was "near the height of irre
sponsibility," she said.
The basic problem of the admini
stration was its failure to realize the
broader mission, she said. Even though
the U.S. could have deployed troops to
block the loyalists according to a provi
sion in the Panama Canal Treaty, the
U.S. refused because it did not under
stand the rebels' aim.
"It shows the inability of the United
States to productively gather the kind
of intelligence data that was required"
in order to "sift fact from fiction," Loser
said.
Sen. Jesse Helms (R-N.C), the rank
ing Republican on the Senate Foreign
Relations Committee, is also angry
about how the administration handled
the situation.
The opposition troops in Panama
had Noriega in captivity for five hours
and were eager to turn him over to the
United States, but they "received not
the slightest encouragement from U.S.
officials," Helms said to the Senate last
week.
Helms believes the president failed
to act because he thinks "Congress
would never support military action to
depose Noriega or help the Panama
nian people to restore constitutional
government," he said.
To correct this, Helms proposed an
amendment Wednesday night to "pro
vide authority to use armed forces of
the United States to secure the removal
of General Noriega from his illegal
control of the Republic of Panama."
Jack Donnelly, associate professor
of political science at UNC, agrees that
the United States "should not have done
much of anything."
"It is not the function of the U.S
government to overthrow foreign gov
ernments ... no matter how objection
able the leader seems to be," Donnelly
said. " ' v
Ae Invitation To All CMC Students To
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A CONCERT
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October 1 Oth 7 pm-l 1 urn
M. A
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October 31st 7 pm-l 1 pm
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