at the
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Open: 10:30am to 2pm
Death-penalty challenges filed
ALBANY (AP) — Four at
torneys representing defendants
in capital murder cases have fil
ed challenges to Oregon’s death
penalty law.
One challenge was filed by
Eugene attorney Michael
Phillips, who helped write a
lengthy critique of the new law
for the Oregon Criminal Defense
Attorneys Association.
Phillips represents Benny Lee
Chaffin, a Springfield man who
was the first in Oregon to be
charged with aggravated
murder after the death penalty
law took effect Dec. 6. Chaffin is
accused of the Dec. 8 rape
murder of a 9-year-old girl.
In his Lane County Circuit
Court motion, Phillips asked
that jurors in the case not be
asked about their feelings on the
death penalty. He attacked a
1968 U.S. Supreme Court ruling
that allowed prosecutors to
dismiss jurors who are against
the death penalty.
Phillips said the resulting
“death qualifying” jury would
be “predisposed” to reaching a
guilty verdict and would not
represent a “cross section of the
community” as required by the
Oregon Constitution.
He also criticized the sentenc
ing phase of the death penalty
law. which requires a jury to
unanimously agree on the
"probability that the defendant
would commit criminal acts of
violence that would constitute a
continuing threat to society.”
Even trained psychiatrists
_ —
cannot predict future violent
behavior, Phillips added.
Two of the other three objec
tions to the death penalty are
now pending in Linn County
Circuit Court for three of the
four defendants charged with
aggravated murder in the Jan.
24 killing of a l^banon man.
Attorneys Kathryn Wood of
Corvallis, and James Nelson and
Robert Ringo of Albany, filed
objections earlier on behalf of
their clients.
Each argues, among other
things, that the death penalty
law is vague and violates the
Oregon and federal constitu
tions. that it amounts to cruel
and unusual punishment, and
that the defendants are denied
their right to art impartial jury
and due process.
--,
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Pane 4
Aerial spraying
begins in county
PLEASANT HILL (AP) — The 1985 gypsy moth war in
Lane County began Wednesday as a helicopter loaded with
about 400 gallons of a biological insecticide sprayed
woodlands about five miles south of Eugene.
The chartered helicopter sprayed about 1.650 acres in the
heart of the moth's infestation from 7 to 8:30 a.m.. said
Shawn Morford, a spokeswoman for the state Department of
Forestry.
Spraying was delayed for a little more than an hour
because of a problem with a spray nozzle. Officials were to
return to the area later Wednesday to see how well the
biological insecticide was distributed.
Wayne Baggett, a spokesman for the spraying project,
said about 8,500 acres would be treated Thursday, weather
permit*ing. in an area west of Dexter and east of Pleasant Hill.
All areas must be sprayed three times, he said.
The forested area was chosen for the first spraying of the
insecticide B.t. because the moth larva have reached their se
cond state of development there and have begun eating
foliage.
Gypsy moths are highly destructive insects that strip
trees of their leaves while in the Caterpillar stage. Officials
say Lane County’s infestation is the largest west of the Rocky
Mountains.
The $11.4 million spray program will cover about
227,000 acres of Lane County three times over the next six
weeks. Sprayers will wait seven to 10 days between applica
tions, but part of the acreage is scheduled to be sprayed each
day.
The spray, B.t., or Bacillus thuringiensis, causes a fatal
disease in the insects.
No harmful health effects have been reported from B.t..
but state officials advised residents to keep children and pets
indoors while helicopters are spraying and to avoid contact
with the spray while it’s wet.
U.S. Agriculture Secretary John Block last week declared
an emergency in Lane County, releasing $6.7 million in
federal funds to help battle the gypsy moth infestation.
The federal funds will pay for all spraying on 66,000
acres of federal forest lands and about half the spraying costs
on 161,000 acres of state-protected land.
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