The Gilmore case leaves some lingering – and divided – thoughts.
Since the legal process was on trial, so to speak, we feel the end result should build confidence in the system. In carrying out justice as they saw it under the la,. those involved stood up to a legal blitz mounted by capital punishment foes, and prevailed.
Withal, we felt the case was handled with reasonable dispatch; yet it was not rushed, and the defendants right to “due process” was protected.
With the glare of nation-wide publicity, it was not an easy case for investigators, prosecutors and judges here in the Fourth Judicial District … and we commend all those who did their jobs with courage and forthrightness.
It is regrettable in modern-day criminal cases such as this, that the quest for justice sometimes becomes more a battle of legal maneuvers and technicalities than one based on innocence or guilt. Abetted, in part, by supreme court rulings, appeals frequently bypass the whole question of innocence or guilt while dwelling on technical matters such as alleged errors in procedure or possible questions on constitutionality. We feel the trend has gone too far in this direction and that it needs to be turned around.
At the same time, however, the law must be in proper form, and we believe the Gilmore case indicates a need for Utah to get an ultimate test on the constitutionality of its new death penalty law – and that this should be done soon rather than wait for an appeal case.
The 5 to 4 U.S. Supreme Court ruling denying a stay of execution requested by Gilmore’s mother was based in part on the condemned man’s own desire to die. Questions were raised by at least one justice on the law’s validity. The next defendant may not wish to die. Now is the time for eagle-eyed scrutiny to make the law airtight.
It may be appropriate also, while the Legislature is in session, to correct any weaknesses discovered in the criminal code. A possible example: in Utah County, murder charges have been reduced from first to second degree in one or two cases because prosecutors felt the criminal code language makes conviction of the higher offense extremely difficult.
On a related subject. a bill endorsed by the governor would require all Utah’s death sentences to be reviewed by the state supreme court. This seems a good law. Its passage may forestall needless appeals in future cases.
While they’re at it, legislators should consider a promised bill to make Utah’s death penalty mode (choice of firing squad or hanging) “more humane.” The sponsor, Sen. Art Kimball (D-Salt Lake) says some type of lethal drug would have an added advantage of preserving the body intact for medical research.
Earlier we mentioned technicalities. One that didn’t figure in the Gilmore case – but could have if a trial on the second murder had been required – involved massive publicity. We think the supreme court should ban or modify its ruling on “prejudicial publicity” particularly when the defendant is responsible for so many of the news breaks such as Mr. Gilmore was – suicide attempts, hunger strike, selling his life’s story, his abundant utterances, the repeated declaration that he wished to die, etc. In this type of case, and with the size of the media in this electronic age, it would be as easy to hold back the tide as curb the news.
Regrettably, Gilmore became something of a hero to some, in a weird, unbalancing of perspectives. But the case is over now. Eventually the debate over its implications will cease. For a lot of people the memory cannot fade too soon – especially those whose lives were marred by this tragedy of needless crime.
Price of Progress
Cleveland’s Cuyahoga River hasn’t been in the news since it “caught fire” several years ago. Latest report is that the much-used and much-abused waterway is freezing over – something that was thought impossible because of its heavy load of pollution.
The winter, of course, has been colder than normal, but the major reason seems to be that the “Cuyahoga is much cleaner than it used to be, thanks to pollution-control efforts. The result is that instead of a dirty river that is open to shipping traffic the year round, Cleveland now has a purer river but one that is subject to the hazards of ice build-up.
Such is the price of progress.