Page 12-Thursday, May 14, 1981-The Michigan Daily
Nuclear waste
may pass
through state
LANSING (UPI) - Gov. William
Milliken has been asked to block
proposed movement of Canadian
nuclear waste through Michigan pen-
ding resolution of safety concerns, but.
the status of the shipments is somewhat
unclear.
Sen. Doug Ross said the shipments,
carrying high-level waste from the
Shock River plant in Ontario to a
reprocessing facility in South Carolina,
will begin May 15. They would be~the
first such shipments to be made in the
state.
REP. JOHN BENNETT, (D-Red-
ford) said he will introduce legislation
banning the transport of nuclear wastes
in Michigan. If Interstate 75 is used for
the Canadian wastes, he said, "this
deadly material would be transported
in and around many of Michigan's
major population centers including
Detroit and its suburbs, Pontiac, Flint,
Saginaw, and Bay City."
Donald Van Farowe, chief radiation
expert for the state Public Health
Department, said a firm called Nuclear
Assurance Corp. has received a license
from the Nuclear Regulatory Com-
mission to import spent fuel from
Canada but has yet to file for a specific
route.
Van Farowe said the state monitoring
the situation and theoretically has the
power to block any shipments if they
endanger public health or seek
modifications in any route approved by
the NRC.
BUT MILLIKEN'S office said it was
infor.med by the company several
weeks ago that approval for Michigan
routes had been sought. A
spokeswoman said the office is
reviewing its authority in the area.
Ross, chairman of the legislature's
joint nuclear energy committee,
specifically asked Milliken to deter-
mine why Michigan was selected for
the shipments, what evacuation
procedures exist, whether the shipmen-
ts will be federally inspected, what
steps have been taken to avoid
population centers and what is the
safety record of the trucking firm in-
volved.
"GIVEN THE CRITICAL nature of
these concerns, I believe it is im-
perative that they be resolved before
any waste shipments are allowed to en-
ter this state from Canada," he said,
asking Milliken to formally request that
the NRC halt waste shipments until
they are answered.
Van Farrowe said Michigan apparen-
tly came under consideration as a
possible route when the shipments were
banned from a bridge in New York
state.
Current law gives Milliken the power
to block unwanted shipments, he said,
although pending rules would prohibit
such actions.
4
I
WILLIAM WATERMAN, Leo Kelly's defense lawyer, talks with Kelly's
mother outside City Hall yesterday. Waterman said a plea of not guilty by
reason of insanity will probably be Kelly's defense.
Court rules Kelly
to undergo extensive
psychiatric -exams
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(Continued from Page 1)
sawed-off shotgun in his dorm hallway
on Friday, April 17. Edward Siwik, 19,
of Detroit, and Douglas McGreaham,
21, of Caspian, were gunned down as
they attempted to warn residents of a
fire set after Kelly allegedly threw a
firebomb into the hall.
Waterman said insanity will "more
than likely" be used as the defense, ad-
ding that "Insanity is a fair and honest
defense" that is "steeped in historic
, precedent."
"IF A PERSON IS NOT responsible
for his actions," Waterman said, "then
a penalty or punishment that doesn't
contemplate that seems to be un-
justified."
Delhey, who has 24 years experience
with murderitrials, agreed that insanity
is a "legitimate defense" and that he
would not be surprised it Waterman
uses it. Since the case obviously isn't
one of self-defense or accident, Delhey
said, and the suspect's guilt is almost
certain, insanity is the only defense left.
He cautioned that the terms "insane"
and "mentally ill" do not mean the
same thing and are often confused. All
mentally ill persons are not insane, he
said.
INSANITY IS TWO-FOLD, according
to Delhey, involving the insane person's
inability to distinguish between right
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and wrong, or restrain himself from
doing what he knows is wrong.
Pleading insanity involves assessing
'the defendanlt's state of mind at the
time of the criminal act, Delhey said.
Even though Kelly's scheduled
psychiatric examinations will further
delay his trial date, Waterman said that
won't "represent a problem" in deter-
mining Kelly's mental state during an
act that occured quite a while ago.
.It is not a matter of how soon the
situation comes to an end," Delhey sad,
as long as the quality of justice is
maintained.
WATERMAN WAS ASKED to defend
Kelly in order to ensure that this
"quality of justice" is obtained, he said.
' "I was contacted by the (Kelly's)
family based on my reputation, I
believe," he said. "It's important for th
defendant to get the best (legal)
representation he can and I'm
representative of that."
Waterman said he decided to take the
case because he felt compelled to get
involved in what appeared to many to
be a lost cause. He said he believes
Kelly has been treated as if he's
already pleaded guilty and that the
situation has turned into "a media
event."
The Pontiac attorney said he felt
challenged to make sure there is the
"proper administration of justice" in
Kelly's trial.
Kelly's actions at the time of the
murder, Waterman said, are "totally
unrepresentative of his personality."
He added, "If we are a civil society, we
have to be able and willing" to ad-
minister this justice, "even though
there's been a transgression in his per-.
sonality."
a
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