7, 6. 8A - The Michigan Daily - Tuesday, April 17, 2001 11, -- NATION/WORLD High court delays second execution in 2 months. WASHINGTON (AP) - For the second time in two months, the Supreme Court post- poned an imminent execution and agreed to hear a convicted killer's appeal. The court said yesterday that it will decide whether a man accused of the rape and murder of a 17-year-old boy got an unbiased lawyer and a fair trial. Walter Mickens Jr. was assigned a lawyer who, only days earlier, had represented the dead boy on an unrelated assault charge. The same Newport News, Va., judge handled both cases. The Sixth Amendment not only guarantees the right to a lawyer, it guarantees a lawyer without a conflict of interest, Mickens' appeals lawyers said. "It's inconceivable that such a violation of ethics and procedure could be allowed to go forward unchecked, and now the Supreme Court will address that," said Mickens lawyer Robert J. Wagner. Mickens was scheduled to die today. He now has a reprieve at least until next fall, when the high court is expected to hear his case. Also next fall, the court will hear a separate death row appeal testing whether it is cruel and unusual punishment to execute someone with mental retardation. In that North Carolina case, the justices stopped the execution of Ernest McCarver hours before he was scheduled to die last month. In recent years the justices have seen 80 or 90 last-minute appeals from death row inmates annually. The court does not keep statistics on how often the justices agree to step in, but death penalty opponents said it happens rarely. It takes the "yes" votes of at least four jus- tices for the court to hear a case. Those votes are secret. The nine-member court has at least a five- member majority in favor of the death penal- ty in general, but many members of the current court have not been explicit about their views. Last week, Justice Ruth Bader Ginsburg made what were apparently her most specific public remarks on the death penalty. She did not express outright opposition, but said she would support a moratorium on imposition of the death penalty then under consideration in Maryland. "I have yet to see a death case among the dozens coming to the Supreme Court on eve- of-execution stay applications in which the defendant was well represented at trial," Ginsburg said during an April 9 lecture in Washington. "People who are well represented at trial do not get the death penalty," she added later. Ginsburg has gone on record as saying she would have granted last-minute stays, or delays, in capital cases. In Mickens' case, his lawyer allegedly failed to cross-examine witnesses aggressively af trial, and did little to portray the victim's own background, Mickens' new lawyers contend. K The boy, Timothy Hall, had been arrested for allegedly shoving his mother during an arguj ment. Lawyer Bryan Saunders was appointed to represent Hall on that charge. After Mickens was arrested, Saunders wa$ appointed as his lawyer. Saunders has said hq felt no conflict of interest and believed hi$ duty to Hall ended when he learned his client was dead. The 4th U.S. Circuit Court of Appeals ruled this year that Mickens got a fair trial, and refused to order a new one. -vlre aL t Ah Bush could send ships to guard future spy flights The Washington Post WASHINGTON - The Bush adminis- tration is considering sending an aircraft carrier or an Aegis radar-equipped war- ship to the South China Sea to ensure the safety of continued U.S. surveillance flights off the coast of China, Pentagon officials said yesterday. The proposals, which were prepared for Defense Secretary Donald H. Rumsfeld, are among a range of responses the administration is considering in advance of tomorrow's meeting between U.S. and Chinese officials in Beijing to discuss the April 1 collision of a U.S. Navy EP-3E Aries II surveillance plane and a Chinese F-8 interceptor over the South China Sea. Many senior administration members continue to fume about the 11-day stand- off over the detained 24-member crew of the Navy plane and over China's failure to return the plane itself. "There's a desire to have China pay a price. That will be mani- fested with some tangible actions here," an administration official said. The most likely actions include granting visas to prominent Taiwanese politicians to visit or transit in the United States, lim- iting military-to-military contacts, cutting off or downgrading other official exchange programs, imposing limits on technology transfers, delaying approval of satellite launches and opposing Beijing's bid to host the 2008 Olympic Games. Russia's top independent. media organization shut down by Putin's allies I AP PHOTO A Chinese military policeman looks out from a guardhouse in front of the U.S. Embassy yesterday in Bejing. The Washington Post MOSCOW - The forces that took over Rus- sia's only major independent television network began dismantling the rest of tycoon Vladimir Gusinsky's media empire yesterday, closing down his respected daily newspaper and prepar- ing to do the same with his weekly news- magazine. At the same time, Russian tax police announced that they will prosecute two top exec- utives at Gusinsky's small cable television sta- tion, which has been carrying an underground version of the news produced by the journalists forced out of his flagship NTV network during a pre-dawn takeover Saturday. The combination of events suggested that Gusinsky's enemies, fresh from their weekend victory at NTV, have escalated their efforts to eliminate his news outlets, which have produced some of the most skeptical coverage of President Vladimir Putin's administration since he took power last year. Although Putin has disavowed involvement in the campaign, his appointees head the tax police as well as Gazprom, the nat- ural gas monopoly that seized NTV and is now shutting down Gusinsky's print publications. Sevodnya, the first media organ created by Gusinsky and one of Moscow's most liberal news- papers, was abruptly closed last night just as its Tuesday issue was about to be sent to the printer. Mikhail Berger, the editor in chief, said publisher Dmitri Biryukov had ordered him not to send the issue to the presses and then fired him. "He has done a great service to the Kremlin today by eliminating a critical paper," Berger said in an interview late last night. "It's all con- nected - what is happening with NTV and this." Itogi, the newsmagazine published in partner- ship with Newsweek (owned by The Washington Post Co.), may face an identical fate. Magazine staff members were summoned to an emergency meeting Tuesday where they expect Biryukov to announce that they will be out of work as well; said deputy editor Masha Lipman. The disappearance of Sevodnya and Itogi fol4 lowing the change in management at NTV will alter the news landscape in a country still strugi gling with the concept of free media. Althouglh Gusinsky in the past used his media holdings to serve his political ends, NTV, Sevodnya and Itogi were considered among the most profes. sionalmedia outlets in Russia. Without them; Putin will face far less scrutiny of the war irk Chechnya, official corruption or government deception in cases such as the sinking of the sub4 marine Kursk. Putin's press minister, Mikhail Lesin, said yes; terday that the government was not involved ir the NTV situation. "We do not interfere in the activity of private companies," he said, according to news agencies. But the tax police, under a chief just installed, by Putin, took aim Monday at TNT, the small: entertainment cable station that has been allow- ing NTV's ousted journalists to air their news- casts on its channel since Saturday's takeover, interrupted their final broadcast in mid-sentence. Police yesterday charged Yelena Metlikina,, TNT's chief accountant, with tax evasion and said they will file similar charges Thursday* against its general director, Pavel Korchagin,. according to their attorney, Pavel Astakhov. Each: faces from four to seven years in prison if con victed. One senior official said the adminis- tration was unlikely to seek limits on trade, which would be temporary pend- ing China's admission to the World Trade Organization, but that "most other things are on the table and under review." The Bush administration is also mov- ing closer to a decision on what to include in a package of arms to Tai- wan. China vehemently opposes the arms sale, since it regards the island of 23 million as its own and has vowed to reunite it with the mainland. The Taiwan arms sale likely will be discussed at a meeting today between Rumsfeld and other senior administra- tion officials, including Secretary of State Colin L. Powell and national security adviser Condoleezza Rice, that also will take up the issue of how to protect future American surveillance flights off the Chinese coast. If tomorrow's meeting in Beijing goes well, officials said, the United States might simply resume the flights without any special escorts. But other options include sending an aircraft car- rier with fighter jets that would fly in the general vicinity of the reconnais- sance planes or dispatching an Aegis radar-equipped U.S. warship to the region to track Chinese fighter jets that might intercept the U.S. reconnaissance flights. CINCINNATI Continued from Page IA will be lost," said Ross Love, speaking on behalf of black community leaders. The Rev. Damon Lynch, a black clergyman, said the city's black youths do not know how to channel their anger. "They just feel like nobody's listening," he said. "Their anger is not just at officers, but their own black leadership. The feeling is we're not listening, and we have to turn that around." About-300 people attended a teen forum yesterday at the New Friendship Baptist Church. Many blamed middle- aged black leaders for Cincinnati's problems. "The older generation could have prevented this," said Derrick Blassingame, 15, president of the newly formed Black Youth Coalition Against Civil Injustice. "Our black leaders are not leading us." Angela Leisure, whose son was killed April 7 by a police officer, urged black youths to be active in peaceful protests. "I don't want to see anybody else hurt, she said. "Let my son be the last one." Luken said he will appoint a commission to look into solutions. Unlike previous groups, he said, the panel will be able to oversee implementation of its plans. That would require City Council approval. The City Council planned to meet today to discuss demands by black leaders for a city ordinance allowing officials to bypass Cincinnati police officers and firefighters when hiring new chiefs. The city charter requires chiefs to be promoted from the ranks, but black leaders say that perpetuates problems. The 1,000-member police force is 28 percent black; the city of 311,000 is 43 percent black. Cincinnati was sued last month by citizen groups who accused the police department of failing to end 30 years of police harassment of blacks. The flash point for the protests was the fatal shooting April 7 of Timothy Thomas, 19, as he fled from officers trying to arrest him on 14 warrants, mostly for traffic offenses. The FBI, police and the county prosecutor are investigat- ing the shooting by Officer Stephen Roach, who is white. Roach, 27, was placed on paid administrative leave. Fifteen blacks and no whites have died in confrontations with police since 1995, four of them since November. MINORITIES Continued from Page 1A than other groups. The most recent available statistics show that six years after enrolling as undergraduates, 53 percent of Native American students, 59 percent of blacks and 69 percent of Hispanics earned a University diploma. In contrast, 86 percent of white students and 87 percent of Asian Americans graduate in six years. Any combination of a number of motives influence students to with- draw from the University, but LSA sophomore Rosio Suarez said some students are disheartened when they come to the University "expecting to find a big community, and they don't." "Students feel culturally unsafe, insecure," Moroney said. In order to combat feelings of iso- lation and loneliness, student groups make an effort to create a niche where students can feel comfortable and relate to each other, Moroney added. "NASA serves as a place where students can come and share some- thing similar," said Engineering senior Darren Goetz, a co-chair of the Native American Student Associ- ation. While some Native American stu- dents come to the University from urban upbringings, others come from more traditional backgrounds or reser- vations, he said. "If you're religious, it's analogous to going to a place where there aren't any churches," Goetz added. Student groups provide a "home away from home" that make the University more friendly. CRIME Continued from Page IA that he had been robbed by two armed men near Stockwell Residence Hall. The investigation is still pending and no money has been recovered. "It could take days or weeks -there; is no time frame," Brown said. "We: have questioned some people in con-, nection with this incident." MSA Continued from Page1IA Although the year ended on a tense note, several assembly members said they were happy with the new assem-, bly and anticipated a successful, semester in the fall. "When we come back in the fall,' campus will notice a change in MSA " Vice President Jessica Cash said. .-; 0 m m