News Scrapbook 1988

San Diego, CA (San Diego Co.) Evening Tribune (Cir. 0 . 123,092)

Monterey, CA (Monterey Co.) Monterey Peninsula H raid

(Cir. 0 . 32,044 (Cir. S. 33,397)

JAN 22 1 88

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TQ.reros get their pockets picked by pesky Dons By'ir~ney ed the ball. Abrief look of frustration enced players his first two season~ at lost thre_e ~tra1gbt conference games, Tribune Sportswriter crossed Means' face before he trailed USD. It's different this season. Five Egan sa1? it JS no ca~ for alarr:;}n It was only one turnover. It was after Mouton. who converted the of the 10 players the Toreros used fa~,t, th~t s the last th1~ hetou ld ;~

The Gang Is Back

W SHINGTON - In the pending b llle over B rnard H. Si gan, th n t Judiciary Committee once ag in will go back to ll(IUare one. Th am antagonists who fought I I fall over the nominallon of

only.two points

steal into a layup and a 36-28 lead.

last night were freshmen. And they

I thmk t~e worst t n\ cou would be ~~ve_a ~ens_e O urgency, said Eg~n.WI d1df :hthm:o:e :~~\~:; ,.

framed an amendment and the stat that ratified it. He Is opposed by a flaky school or liberal philosophers, led by Justice William Brennan and Harvard's Professor Laurence H. Tribe. In their view, original Intention Is of- ten unfathomable and generally Ir- relevant. What counts ls not what a word may have meant "then." It ls what the word means "now." Theirs is the school of that eminent se- manticist, Humpty Dumpty, who decreed that words should mean ex- actly what he chose them to mean and ne1th r more nor Jess. ' or Siegan, exhibiting more valor than dlSCretlon, has dared to criticize the Supreme Court's landmark decision of 1954 in the hool segregation cases, Brown vs. Bo rd of Education. Siegan is no friend to racial segregation. He regard It as "totally repugnant." But he makes the point that the 39th Congr that framed the 14th Amendment in 1866, and the stales that ratified that amendment In 1868, never intended the 14th to prohibit segregated public schools. This position outrages Professor Tribe. Professor Slegan's inter- pretation, be says, "ls so bizarre and strained, so Incompatible with meaningful enforcement of the right to Integrated education and so at odds with ordinary ways of thinking ~bout constitutional law as to bring mto question both Mr. Siegan's competence as a constitutional What rubbish! Slegan is precisely on target. On this Issue, the distin- guished Professor Tribe exposes himself as a distinguished Ig- noramus. Those who framed the 14th Amendment Intended lo loc.k into the Constitution the essential provi ions of the Civil Rights Act of 866 The not scmtilla of evidence to support Tribe's breath- taking bellef that either the act or the amendment created a "right to Integrated education." That la pure hokum. On this issue the battle turns. Prof sincerity as a cholar." standing of the amendment was made explicit not only by words but also by deeds. The very same Con- gress that approved the amendment simultaneously provided for segre- gated schools In Washington, D.C. Among the ratifying states were such non-Southern states as Cali- Illinois, Missouri, New Jersey, New York, Ohio and Penn- sylvania. Every one of them main- tained racially separate schools for years after the amendment became operative. It is Inconceivable that the 14th was meant to abolish such institutions. Indeed, the Supreme Court con- ceded almost as much In the Brown decision. Chief Justice Earl Warren, In a false and feeble phrase, found the evidence "Inconclusive." Instead of relying upon familiar grounds of contemporaneous interpretation, Warren relied upon "intangible considerations" and "psychological .knowledge." The nine members of the court, having concluded that segregation was unconscionable simply declared it unconstltutlonal 1 This was a naked usurpation of th~ states' power to amend. It ls this kind of thing that Slegan questions. And of course it should be ques- · tioned. The Brown case lo be sure is now entrenched in 'the Jaw. It never will be overturned. Morally speaking, It ought not to be over- turned. ~aclal segregation in public lnstitutlo~iv • fornia, On the contrary, the under-

But to Dann. Means aQd USD,j1... The Dons went on a 14-2 run that

reflect the_pressure.

had the force oia one-two~ "That la summed up the way the whole ni~h/was going" said Means who made two three: inters, but missed the other 10 shorhe attempt- ed. He also committed a team-high four turnover . In sum, frustrating.

gave them a 48-30 lead and, ultimate- Like an employee getting paid by the hour, Means took his time re- trieving the ball after the steal. He admitted it He was exasperate_d. "Exactly," said Me~ns. "Tomght, I ly, the game. .

"On~ m~take and ,~hey can g~t

down,

said Mean_s.

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,

leads to another mistake. Its a lack wouldn t go down. Wed a~ott~;1:

of confidence. At the moment we'r~ a lit~le down on ourselves, but we re

some key turnovers, an a . fens~ve end of the floor we didn t get e

Jud Robert Bork to th U.S Supreme Court n xt month

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Although the Toreros have now

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USD ropped its third straight wouldn't have made 1t if the b~ket West Co:ist Athletic Conference were 20 feet around. The only thing I game, losing to USF last night 75-59 can do is lead by example. I_ ~ave to before a crowd of 1,533 al the USD pick myself up and be a positive ex-

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341,840)

Sports Center.

ample"

.

' They kind of took Danny out of the game early," said USO coach I ank Egan whose team will play

. USF has expe_rience~ players, and 1t showed last mgh~ with six Dons m

doub~e figures. ~mor gu~rd Rodney ho t to Santa Clara tomorrow night Tention had 14 pomts. Semor forward a 7 30 "He's been the stalwart for Pat Guisti had 11. Senior forward Pa- u , the guy we look to. There's no trick Clardy had 11. Sen'or guard

JAN 2 .t 1988

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replacing experience." Means 1s a three-year starter whose experi nee was momentarily replaced by frustration with 15 min- Let' set the stage for the play. Poor shooting put the Toreros in a hole. USD tied the gam~ 3-13 mid- way through the first half then went 1x minutes witho · l a po nt while USF assumed a 24 13 lead. The Toreros went mto the locker room trailing 32-22 after shootmg 32 per• cent from the floor in the first half. When USD opened the second half with six of the period's first eight pomts 1t was still a ballgame, howev- er. Craig Cottrell's layup cut USF's utes remaining

P. c. a E<,

Keith Jackson had 10.

1888

Policing physicians

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Cottrell, a sophomore guard, scored a g~~e-high 17 pomts as he replaced rnJured starter Efr:em Leonard for the c;e,-.ond straight game. Freshman Jonn Sayers.scored 11 pomts for the Toreros. J111Uor for- ward Mike Haupt returned to the starting lin~up af_ter a t\~o-game ab- sence, scormg eight pomts with a game-high nine rebounds. "We've established that we're young," said Eg~n. "We've got to g_o on to the next tbmg. Somebody to hit a couple of jumpers would help._We haven't responded yet. We Just haven't come together:"

Cal it;~ medical Yet only 62 doctors had their Ji. censes revoked during the last

against do~t~rs,. instead. of the current notification reqmrement for award_s . over $30,000. And those phy~1cians who ar~ placed on probation by committees of the medical quality review board should be required to notify their patients of that fact. It will be another year before the Center for Public Interest Law completes its recommenda- tions, which will be forwarded to the Legislature. Unfortunately, prospects for passage are slim because the politically powerful California Medical Association, like the California Trial Lawyers Association, is reluctant to police its own ranks. In short, doctors can only be held to a necessary standard of professionalism in California if the lawmakers will stand up to the physicians' lobby in Sacra- mPnto.

Should profession be subjected to more scrutiny by the state? Attorney Robert Fellmeth, who directs the Center for Public Interest Law at the University of San Diego, thinks so. And so do we. The USO cent~ which has proposed numerous reforms of the state bar's haphazard system of disciplining lawyers, is weigh- ing recommendations to hold in- competent doctors more account- able for their mistakes. It's perfectly reasonable that physicians be monitored more closely, considering the irrepar- able harm they can cause. For example, reforms should be im- plemented making it easier for the state medical board to sanc- tion dangerous doctors. There are 92,000 physicians li- censed to practice in California.

two years, despite more than 5,500 patient complaints that warranted formal investigation. One of the center's recommen- dations would require the state medical board to immediately pull the licenses of physicians convicted of a medical-related felony.· Another sensible reform would make it easier for the state board to immediately suspend a physician's license if he poses an imminent danger to his patients. The present procedure requires a temporary restraining order, which is often difficult to obtain - only three such orders were granted in the 12 months ending June 30. The state medical board should also be notified of malpractice judgments in excess of s:rnoo

The loss ended a six-game home lead to six at 34-28 with 18 minutes wmning streak for USD (0-3, 8-8), remaining. Plenty of time. which lost to USF (3-0, 11-5) for the

Then it hit them.

first time since the Dons basketball program was resurrected three

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Means had crossed the halfcourt line and was setting up a play when Dons guard Kevin Mouton mtercept•

years ago.

.

Means was surrounded by expen-

Encinitas, CA (San Diego Co) Coast Dispatch (Cir. 2 x W. 30,846) JA 27 198 , . C. I Esr 1481

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217,089) (Cir. S. 341 ,840) JI\N .. l98b

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Escondido, CA (San Diego Co. ) Times Advocate (Cir. D. 32,685) (Cir. S. 34,568)

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,,,----USD's Cottrell adjusting well _,-/ ,,.--

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Bv Mike Jensen taff Writer

schedule. USD (8-8, 0-3) is looking for its first WCAC victory - after three one-sided losses - tonight against Santa Clara (11-5, 2-1) at 7:30 a. the USD Sports Center. Cottrell is averaging 15 points since moving into the starting lineup four games ago. He got his chance when starting guard Efrem Leonard suffered a sprained ankle two weeks ago. "He's coming along," USD coach Hank Egan said. "We're pleased with his progress." His season scoring average is now at 6.4. After starting USD's first two games, Cottrell moved to the bench. He played just one minute against Boise State, eight minutes against U.S. International and five minutes against Colorado. "He got off to a very shaky start," Egan said. That's because Cottrell is still ad- justing. Not to the team or to the college - his grade-point average is above 3.0 - but to the position. At 6-foot-5, he now plays small for- ward and off-guard. As a center at Marcos de Niza High School in Tempe, Ariz., Cottrell averaged 22.9 points and 11.2 rebounds and made the all-state first team. "He was an inside player, not used to facing the basket," Egan said. "He was also used to playing a zone de-

fense in high school. Now he's play- ing man-to-man." Cottrell played in only 13 games for the Toreros last year, averaging 3.2 pomts. "It was really hard for me to come and sit on the bench last year, be- cause I'm such a competitor," Cot- trell said. "But I had to pay my dues, and I did that. "And we had a great team last year. I grew a lot, learned to change from playing with my back to the basket to coming out. I never han- dled the ball at all in high school. We had great guards here. Paul Leonard and Danny Means pressed me all the time." He plays outside, but Cottrell has taken just two three-point shots since becoming a starter. "I see myself as a scorer, not a shooter," Cottrell said. "It's not my role. Coach Egan doesn't want me to shoot outside much." Cottrell may or may not stay in the starting lineup when Leonard re- turns, which could be as early as to- night. "He's not going to be benched just because Leonard's coming back," Egan said. "His numbers might go down a little bit ... if he can keep the numbers up, that'd be great, but I don't expect that to happen when Efrem gets back. It's just a natural

JAN

Let s ke a look at Craig Cottrell's college choices. Before deciding on th~rsity of _,.,- =Die.go, Cottrell narrowed things down to Arizona, Amona State, New Mexico State and just about every Ivy League school. "I came very close to going to Brown," Cottrell said. Cottrell, a sophomore accounting major, also has some future plans. He figures to get his MBA, go into business and maybe even take a stab at professional golf. "That's always been an idea in the back of my head," he said. Apipe dream? "I was a scratch (no-handicap golf- er) in high school," Cottrell said. Actually, Cottrell isn't too serious about the PGA Tour. But the son of a former assistant dean of students at Dartmouth isn't too willing to nar- row his horizons, either. Well, maybe a little. "I'm not going to be playing in the NBA," he said. Which brings us to Cottrell's current ~md;!1nv_?r. He's a basketball player

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far 1888 , 1.awyers s~ek dues increaS8 SAN DIEG<>rAi5'§late Bar major reforms of the discipline sys- leaders, faced with unrelenting tern will be completed. criticism of the bar's disciplinary "The funding will allow for addi- system, voted Saturday to seek the tional investigators and attorneys largest dues increase in the organi- to cope with continuing high case- zation's history and devote most of loads, eliminate the backlog and the money to lawyer discipline. create a full-time court," he said. The bar's Board of Governors Bar leaders have gone along with voted to ask the Legislature to in- changes recommended by Robert

Craig Cottrell Still has golf dreams distribution of the numbers."

crease dues for most of California's a year, compared with the current If worse comes to worse, Cottrel 110,800 lawyers to as much as $470 could always change sports. He wa: $275 for lawyers with. three or a three-time most valuable player o more years of practice. Lawyers his high school golf team and hi: with less experience pay lower brother went to Grambling State 01 amounts. "In fact, my mom wanted me tc go for improvements in the disci- pick golf instead of basketball" Cot• plinary system that were recom- trell said. "She doesn't like to ;ee mE mended in a critical report by a a golf scholarship. The bulk of the increase would Cottrell's not too concerned about General John ':and~ Kamp. that, or his 16.3 WC~C sconng _av~r- the hiring of full-time professional guy who s played ms1de judges for disciplinE/ cases, replac- all his life,_ he sees the overall ing' the 440 volunteer attorneys "I'm just looking to play well, to es and part-time referees who now contribute," he said. "After a game, I conduct the hearings. I'm not worried about what I'm scor- the bar's staff of prosecutors and . . age. ~or scheme of thmgs pretty well. and small nhmbers of retired judg- look to see what I did wrong first. get hurt." monitor appointed by Attorney The largest smgle item would be

Fellmeth, a University of San Die- go law professorappolnted by Van de Kamp last year to analyze the discipline system and recommend Fellmeth reported last year that the system, despite recent im- provements, was incapable of han- dling complex cases, had little con- tact with the public, was too slow and inefficient in acting against lawyers guilty of crim~s, and was so sh_ort-staffed that 1t ~ou)d _re- duce its backlog only by d1sm1ssmg large numbers of complaints with In recommending the hiring of salaried judges to hear disciplinary cases and also to replace the bar's volunteer appellate court, Fell- training, used varying standards and often issued inconsistent deci- sions. Some bar leaders resisted t he proposal because of t he cost but went along after legislative ac- tion was threatened. Fellmeth has promised to lobby for the dues increase. changes. little investigation. .

monstrous policy even by us who most fiercely denou1 decision nearly 33 years ago the broad Issue of "original Tribe Is plainly wrong and S plainly right.

has been one of the bright spots - maybe ·ight spot - as they ~gh the early part of 1st Athletic Conference

San Diego, CA (San Diego Co.) San Diego Union (Cir. D. 217 089) (Cir. S. 341,840)

The money also would expand meth said the volunteers had little

investigators to tackle a persistent backlog of disciplinary cases. The bar failed to meet a legislative deadline of the end of 1987 to clear Board president Terry Anderlini said the actions ensure that the up the backlog.

ing."

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EH. 1888

/Mission encounters another snag on project By Jim O'Connell · ) Slarf Writer 'J_ C, ") ')

The mission, listed on the National Register of Historic Places, was founded by Father Junipero Serra in 1769 at the site of what is now Presidio Park, but the first church at it the mission's present location in Mission Val- ley was built in 1774. Monsignor I. Brent Eagen promised last year to deliver to the city a report on the 20- year excavation of the property before con- struction on the 8,036-square-foot hall would begin. That excavation was completed by fac- ulty and students of the ~n D~go, and their 500-page report was delivere(I to city officials in November. But after archeologists from around the state reviewed and strongly criticized the re- port, and city staff members termed 1t "defi- cient," the Historic Site Board yesterday voted 10-0 to ask the church to expand it. The board also voted to recommend to the

city staff and the City Council that no building permit be granted until further information on the excavations is presented. And it asked that city staff members explore with church offi- cials construction methods that would lessen Donald R. Worley, the attorney for the mis- sion, told the board that under city ordinances neither the city nor the board has authority to order the building permit withheld. However, he said, church officials have not demanded the permit because they want to cooperate with the impact on the ruins.

Worley said he was concerned that construc- tion might be delayed until new regulations are developed that would prohibit the building. "There is still some unfinished business, and the diocese is willing to accommodate that," Worley said. "But I'm not making any commit- A succession of archeologists told the board yesterday that the USD report lacks important documentation for its claim that construction of the building would not disturb any import- Ron May, a local archeologist, criticized the USD report as professionally inadequate. ments." ant historical artifacts.

The city's Historic §i.te Board yesterday unanimously recommended that city officials withhold a 'permit for construction of a contro- versial meeting hall at Mission San Diego de Alcala. The board rejected as deficient a long-await- ed report on the excavation at California's old- est mission and asked the city staff to withhold the permit on the proposed building until the report is expanded. The Roman Catholic Diocese of San Diego has planned since 1980 to construct a new par- ish hall on the site of rums at the mission, which is near San Diego Jack Murphy Stadium. But that plan has been delayed by city officials ahd preservationists who claim construction of the hall would obliterate one of the most im- portant archaeological sites on the West Coast.

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may be willing to expand the report and agree "It doesn't meet the minimum standards set to further measures to lessen the impact of , forth by the community of archeology in Cali- constr~ction on the ruins if they are assured. fornia," he said. "Basically it's a student-style they will be allowed to build once the condi- paper. It doesn't even qualify as a rough dr1 hons are met. or field report." /