Maryland Today

NPG responds to your need to know D.G. the newspapers strike the wild wild world of animals will not be seen tonight so that we need bring you in-depth news coverage of today's events. Stay tuned for Maryland today. The U.S. Supreme Court throws out victim impact statements from murder trials. This story and others on Maryland today. Good evening everyone I'm Dave Dorian and this is Maryland today. The Supreme Court ruled today that the impact of murder on the victim's family may not be considered during the trial of the accused. This five to four ruling comes in the case of a Maryland man John Boothe who was convicted of slaying an elderly Baltimore couple in their home on May 18th. Back in 1983 during Booth's trial the jury heard evidence on the psychological impact the crime had on the victim's family. Writing for the majority Justice Lewis Powell said that allowing the jury to hear about the emotional impact on the family of victims

can only inflame the jury and therefore deny a fair trial to the accused. Today's ruling is seen as a victory for civil liberties groups which had argued that such impact statements are inflammatory and prejudicial during murder trials. However victims rights groups oppose the decision on grounds that such impact statements are an important measure of the full extent of the harm caused by a murder. Hillary station has more. I was quite shocked and I was very hurt. First husband Victor was murdered six years ago this month. Victim impact statements were not on the books then and the death penalty was eventually handed down in that case. But since her husband's death Mrs. verse has lobbied hard for the rights of victims and feels victim impact statements play an important role in determining sentence. I think it really makes the judge Judge his particular jury understand how terrible it is for victims. And also I think that it's just making the score even the criminal case. How many character witnesses

the person who is dead cannot testify for himself so his family can speak for him but the American Civil Liberties Union says that's not what is supposed to happen in the sentencing process. Traditionally sentencing bodies whether it's the judge or the jury have been asked to look at. The defendant himself or herself that is whether the defendant is a repeat offender whether he's likely to be a repeat offender in the future. And and also they've extended that to look at what the circumstances are surrounding the particular crime that the victim impact statement takes it beyond that it takes it into the realm of things that the criminal could not possibly have known about the victim. And. And those vary so much. And that's what I think the court was saying when it said that there isn't generally. Necessarily a relationship. Between. The. Victim. And the victim's family and the grief that that family will suffer. And the defendant the blame

worthiness of the defendant. And in another case dealing with freedom of speech in public places the court struck down a ban imposed at the Los Angeles International Airport on all free speech activities not having to do with the airport in recent years members of various religious and political organizations have distributed literature and solicited contributions in many airports around the country. Governor Schaefer is spending a couple of days in Ocean City attending the Municipal League convention. He promised local officials today that he'd try to keep the lines of communication between his administration and their local offices open. He's also making a pitch in the resort for the state's ocean beach replenishment program. The state has had difficulty getting Ocean City property owners to give it easements it needs to get the program moving. The U.S. Army has decided to extend the deadline on its offer to help the communities of Phoenix and Jacksonville and Baltimore County to help them find permanent drinking water supplies. The water in those two areas was contaminated by chemicals from a former Nike missile base. Apparently the chemicals leaked

into the soil and ruined the water supply. The Army has offered up to $1.4 billion to help local residents find a pure supply of water. Well members of the newspaper guild continue to pound the pavement on North Calvert Street as the strike against the Baltimore Sun papers goes on. At last word management was working to put together a counter proposal to present to the union the guild now in day five of the walkout against the paper's offered its version of a plan to end the strike to management on yesterday. The Guild cites disagreements over a health plan and a two tier wage system as reasons for the strike. The Sun papers continue to publish but you will find the papers are smaller than usual. President Reagan addresses the nation tonight on the results of the economic summit conference in Venice and the latest proposals for an arms control agreement with the Soviets. And on the expanded U.S. role in the troubled Persian Gulf the president's speech follows the decision of the western allies not to provide additional assistance in the Persian Gulf and the growing public concern that administration policies may allow this country to be drawn in to

the conflict. When we return we'll look at the growing problem of AIDS in prison. Monday. The. Journey back in time investigating the reality of Homer's Iliad. Uncovered the truth behind the legends in search of the Trojan War. At nine one of the most fascinating couples of the 20th century do you think women should be permitted to. Witness the remarkable bond between Gertrude Stein and Alice be Toeplitz waiting for the moon on American Playhouse TV Worth Watching Monday beginning at 8:00 on mpg. This summer drama is hot on MBG. All the action. Laughter. And love. All. The mystery. And magic. The trials of war is one. Family's loss. MBG brings it all home for you

during a sizzling summer drama. Oh and by now there is little doubt anywhere that the AIDS epidemic poses a serious public health threat. One segment of the population that may be frequently exposed to AIDS to the AIDS virus is inmates of both federal and state penitentiaries. Yesterday Secretary of Education William Bennett said during an interview that prisoners who openly threatened to infect others with AIDS may have to be kept in prison after serving their sentences just to protect society. In a separate interview Jesse Helms the senator suggested that AIDS carriers might just have to be quarantined in order to contain the disease. Here in Maryland a potential threat of AIDS in prisons is something that greatly concerns state corrections officials. John Reidel has more. Since 1985 there have been 10 million cases of AIDS identified among inmates who met in prison. Nine of those inmates have since died. In some cases age was not

the primary cause of death. Nevertheless the idea of extending prison terms of those who test positive. Disease has drawn an angry response. I think that's one of the most anti-constitutional statements I've heard in quite a long time. That's just totally antithetical to our system of government and our system of democracy. Someone does a crime they do their time. You can't hold them longer because they've got a disease or because they're angry. Maryland corrections commissioner Arnold Hopkins admits there could be some problems with detaining inmates longer than the actual sentence imposed by a judge just at first blush it would appear to be fraught with some constitutional issues in terms of extending a person's period of confinement beyond that which the individual was sentenced to for the particular crime that he or she committed. I would expect that would be another appearance in court strictly on the issue of whether or not the person was a confirmed case number two. Is that a crime. And number three for how long do you continue to confine a person that fits into

all proper to be able to do that. Inmates admitted to Maryland prisons are given physicals. Not all are required to undergo a test for AIDS if they do agree and test positive. The inmates are not informed of the results. The reason for that is that positive blood test coming back does not tell you where the person at that time has AIDS or will in the future get AIDS. And we don't even know for certain what the incubation period is for for three years five years and longer. Person may be out of the system at that point in time. What are the solutions for an inmate who was diagnosed as having AIDS and is ready to be released from prison. We need to look at things like education. We need to look at counseling. We don't these kind of draconian measures are not appropriate for this system. If any changes are made and how Maryland inmates with AIDS are handled it would come from the General Assembly. And several lawmakers I've talked with say that question could prove to be a crucial issue during next year's session. Reporting from Maryland today I'm John Reidel.

There's still nothing new tonight concerning the fate of little Jeremiah fate a three week old infant who was apparently kidnapped from the Prince George's Hospital Center last Thursday. Despite pleas from Jeremiah's parents and police and hospital officials no information on his whereabouts have emerged so far. The only clue that police have developed is that the child may have been abducted by a person seen leaving the hospital carrying a gym bag at approximately the time that Jeremiah was reported missing. The infant had been admitted to the hospital suffering from a bronchitis infection. Without additional medical treatment doctors fear that he could die of pneumonia. Fifteen years after the launching of a major national effort to remove the threat of lead poisoning from our society. The problem still exists. Lead has emerged as one of this nation's most dangerous and pervasive pollutants. John Grassi is here with more. John while the danger from lead in auto exhausts has been largely removed the potential threat from lead in our food water and homes continues for children. The danger from lead poisoning is particularly difficult to monitor. The American Academy of Pediatrics

recently termed led to be the most serious toxicological danger to children. The consequences from children eating chips of paint containing lead involve partial loss of hearing and IQ growth retardation and disturbances and blood formation. In Baltimore new rules regarding the removal of lead based paints from older residents will go into effect this summer. While the new rules are seen as an improvement over the old standards. Citizens groups would like to see the city do more. Chris Schaler is a member of parents against lead. Chris thank you for joining us. You have three children with lead poisoning. Yes. How were they poisoned to poison flaking and chipping paint and one was poisoned after the abatement and what did you do during this time to try to prevent them from becoming poisoned. Learn from the city health department how to clean with phosphorus detergent and keep paint chips off the floor seal holes in walls or other such items. But after an abatement the dust levels are so

high because of the methods that were being used. It doesn't help by abatement you're referring to the removal of the lead paint. As I understand it currently a landlord may only be issued a citation by the Health Department when a child has been indicated or has been diagnosed as having been poisoned from lead in some fashion or at these children being used as monitors of lead poisoning. They certainly are. You cannot get an inspection of a house unless you have a child with an elevated blood lead level which means that there is no actual prevention program in the city of Baltimore. Will be. Before we get into the prevention program in Baltimore after a child is diagnosed as having lead poisoning what can be done to stop the effects of it. Basically the lead has to be removed the contaminant. From whatever's whatever source that may be. And the major source is residential lead paint.

Now your children who have been poisoned from lead What are the consequences that you've noticed in their behavior. They seem to be. Fine but you just never know what's going to happen down the line. They tell me they may end up with learning disabilities or other similar problems hyperactivity. Well as of now have you noticed any activity in any of that activity in your children and the youngest child there seems to be some developmental problems and the others the other seem to be doing well. The new regulations regarding the removal of lead paint from residences go into effect this summer. Are you satisfied with them. They're an improvement in requiring a better clean up after the abatement more caution during the abatement. They're definitely an improvement over the old regulations. But children are still being

used as lead detectors. What evidence has your group found that there is a correlation between the average cost of housing in a neighborhood and the incidence of lead poisoning. Lead poisoning is generally found in housing substandard housing. Hey it's my understanding that when a child is found to have lead poisoning generally you can find other housing violations in that house besides the lead paint and in your opinion have realtors acted in an appropriate fashion to help remove the paint. They from some of their own material that I've read in an advertisement for new members of the property owners association they have a pamphlet that says they have a legislator or a lobbyist that works through the legislature to kill or amend unfavorable legislation concerning lead paint.

That's a store that we'll be following Chris and thank you for joining us. I should mention before we leave that members from both the City Housing Authority and the property owners association in Baltimore were invited to appear. And unfortunately although none of them could. We'll be back with more news and analysis in a moment. Wednesday at 8 p.m.. Hello I'm Mark Russell. Next comedy special on public television is forthcoming. You know every once in a while you have to remind yourself that this is not the election year next year. Right the 88 is the election year. This is just the boring prelude to next year's media monopoly. How do you pick your candidate. Well I tend to choose the one whose speeches make me cringe. Well any of you are. The king of capital comedy is back at 8:30. Comedy reigns on Johnny talk show runs into some unforeseen obstacles. They

of the mime crime wave but beware the laughter may be lethal with a light hearted comedy of gray. Then at night a look at the superstars who have gone beyond excellence. See America's business heroes in action. The super achievers there's TV Worth Watching. Wednesday night beginning at 8:00 p.m. We welcome you back to Maryland today and joining us for some analysis on a couple of things happening in the news today are Judy Fogel of WAFB radio in Baltimore. And Mike Powell of the Frederick News Post good to have you both with us. Let's start with the Supreme Court decision announced today that which by the way was too late to make the afternoon editions of The Sun papers that that's. On a Baltimore murder case the case of the Braunstein victim impact statements are not to be allowed and therefore the death penalty of John bouth the man convicted of the brutal murders of Irvan and Rose Braunstein an elderly couple in their home has been is going to be or

probably has in effect been reversed. A lot of it a lot of predictable. Reaction from victims rights groups a lot of predictable reaction from the ACLU and others concerned with individual rights. Mike who's speaking louder and with more with more force. No not at all that the the families of the victims are speaking much louder on this because not only are they speaking for themselves and it's a very emotional issue for them but they are certainly speaking with the really the weight of the General Assembly behind a member of the General Assembly that several years ago reacted to this this outcry from this. The the the rights groups the victims rights groups that something be done and it was the legislature that reacted to them. I think there were judges that were backing them. I mean there's been a wholesale program that has really received wide support in Maryland over the last several years. One of the things that the Supreme Court said in its majority opinion it was a 5 4 decision by no means unanimous decision was that victim impact statements can be

inflammatory. As I understand it in the Braunstein murder trial the victim impact statements from the families were not people crying on the witness stand. They were merely statements read by the by the attorneys to the jury. They were not emotional. Please I'm trying to you know think back. I covered so many of these cases I guess there's more than a dozen to 15 people on death row and I was out any number of those trials and sentencing. I do remember that one and I think one booth when did the victim impact statements were read. I do believe it was very calm and routine although I have been at trials which has been very emotional. It was it was not like that at all. At this particular case which does sort of again lend some credence to what the victims groups are asking for and that is something to be taken into account. Judy and Mike you both covered I know a lot of the victims rights groups. Do you think in a ruling like this is going to deter them at all in their annual tracks down to Annapolis. Well I think it will. In listening to Roberta Roper the

mother of Stephanie Roper who heads up the Roper committee for victims rights. She talked today about the fact that it just doesn't pay for victims to go and testify or to get involved and she said It's as if I feel hurt again and I feel a loss again. And she made a statement about victims being injured again should they go down to Annapolis and fight for victim's rights. What is interesting about this case though is that impact statements are permitted in court with regard to the defendant. You can bring in an impact statement that says that this defendant is of value to his community is a value to his to his neighborhood if he were to go to jail and be on death row would be a loss to mankind. And yet the same rights are not afforded to the victims. Obviously what the court in the Supreme Court is looking at is an argument that said that it does play such an emotional thing that it goes beyond just deciding did this person commit the crime and was the crime so terrible that an execution needs to take place. Because it does make you wonder also what if the murder took place. What if the person

who was murdered had no family whatsoever was simply did that. Does that person lose. The same kind of impact that that murder that his death or her death is going to have. And I think there's that kind of concern that it becomes an emotional thing and I think that's one of the reasons that it went to the court and the way it did or if a survivor happens to be an articulate person who is a convincing witness who can write a convincing statement that's had to be a large part of it. Governor Schaffer was in Ocean City today talking to the assembled folks who run the cities and towns of Maryland. Among the things he told them today was. State government is going to start listening to you folks we're not going to tell you as the state government how you ought to be running your own affairs. Is that something the governor is likely to follow through on. I think so I think that Schaefer is introducing something a little new in the state that he he told the civic leaders gather today that you've got to get involved no more he said Will counties and cities and towns be separate jurisdictions and entities. He

said he made a very strong point that that all the jurisdictions have to get involved they think this is one of these do it now mandates. SCHIEFFER And I think that he'd like to see the state be fully involved collectively in fact he asked for their support for the twin stadium. It was the kind of the way that he certainly ran Baltimore for all the years that he was down there. I think one of the examples that he used when he was in Ocean City was he said we're not going to come here and tell you if you want to plant a tree where to plant and how high to grow it and everything else he started to say we're simply going to say you go ahead and make some of the decisions on a local level. He was always been that kind of person I think he's going to spread that state wide couldn't probably couldn't very easily say the opposite now that he's governor. Also the subject of beach erosion which I guess is the hottest topic in Ocean City now had to come up during this meeting. What what is the governor doing. Judy to. Push for this relinquishing of beachfront rights the easements that that the state needs to take for the erosion program. The governor today did talk quite a bit about beach erosion particularly in Ocean City. I happened to have been there this past week for a weekend for a broadcast convention. And

it's it's startling to see the erosion that has occurred at high tide the water literally comes up to the boardwalk and all of those wonderful condos and motels and whatnot that are strewn across the boardwalk will be gone. If the state doesn't do something soon. Schaefer has been talking quite a bit about about creating some dunes about creating development farther from the seashore. But other than than creating at this point a beach replenishment program I haven't heard any very very specifics like perhaps you have. Well I think when we went to the Browns the this the natural resources secretary has been talking a lot about the damage and the hazards and that things need to be done but I'm not hearing any specific steps. I think what we're going to see from Schaefer of the hundred or so owners who still are old beyond the old dune line is the art of friendly persuasion and I think he will certainly take that tack first to convince them that for the betterment of the entire development which is rather large in Ocean City that they need to give up these rights and to

put it in perspective I mean you can go to Ocean City if you've been there this season which I haven't but at the end of last season I recall and there's there is a lot less beach and there was a couple of years ago that someone had made this statement this afternoon that a couple of. Medium intensity hurricanes or one Goodwin could in fact just wipe out the beach there would be no more beach in Ocean City. Think Dr. Brown made that point today in talking about the fact that the hurricane season is approaching and it should be here within the next two weeks and all Ocean City needs is another Gloria to really. But you have to wonder exactly what that beach would look like now if they hadn't been running the bulldozers into the surf all these years and pumping more sand up on the beach. Because there are some areas now where it's just not a whole lot of room even the walk walk between the ocean and where the buildings are losing a little bit more each year could be the timing the fact that this is the beginning of the season there could be the mayors the mayors the governors ally and in convincing those folks to to grant easements it is also interesting

to go to ask the Tiegs island where they have taken precautionary measures and they have not allowed development on the island and it is a national seashore and there are huge dunes from the beach to the parking lot and there is no land. And so that the beach if it were to erode it would be a very slow steady process. And the dunes would prevent any further erosion. So I think the state is learning that we can't have another Ocean City. All right. Judy Fogel of WAFB are in my palms and Frederick News Post thanks very much both of you for being with us tonight. On Wall Street today the New York Stock Exchange closed up with the Dow Jones average reaching 23 ninety one point fifty four up thirteen point eight points on trading of more than a hundred and fifty seven million shares gainers today outnumbering losers by four to three margin for some areas students in fact for most areas students today was an unexpected school holiday. A number of area schools closed early today due to the heat and it was hot today. Baltimore City set a new record of ninety nine degrees at 3:15 breaking the old record of 96 which was set back in the 1960s.

And in sports the Los Angeles Lakers held off the Boston Celtics by a score of 100. Six to 93 to win their fourth NBA title in eight seasons. Magic Johnson was named the most valuable player in the playoff series and the Lakers Kareem Abdul-Jabbar at 32 points in the game. In baseball the Orioles won their first game since June 2nd yesterday beating the Toronto Blue Jays 8 to 5. Tonight the O's take on the New York Yankees in the Big Apple. And finally tonight is another of boxing's multimillion dollar heavyweight clashes and everybody wins money wise as undefeated Michael Spinks takes on Jerry Cooney in Atlantic City. Now to recap today's leading news stories the Supreme Court strikes down victim impact statements in murder trials. The Army vows to help restore safe drinking water to residents of Phoenix and Jacksonville Maryland following the contamination of their water supplies by a Nike Missile Base. And no new word yet in the case of Jeremiah thate. The three week old infant who was apparently kidnapped last Thursday from a Prince George's County Hospital. Doctors fear that young

Jeremiah will die soon without medical attention. And the strike against the Son papers continues day five now. Coming up next is the MacNeil Lehrer News Hour for all of us at Maryland today. I'm Dave Dorian. Thanks for joining us. I'm