Vermont is in the middle of a federal murder trial that may lead to our state’s first execution in 51 years. In November 2000, Donald Fell and Robert Lee killed Mr. Fell’s mother and her boyfriend in Rutland, Vermont, then carjacked Teresca King, drove her across the New York state line and killed her. Mr. Lee told police Mr. Fell did the actual killing, then committed suicide in his cell.
Crossing the state line put the crime under the jurisdiction of federal prosecutors, who in 2001 reached an agreement with Mr. Fell’s attorney that Mr. Fell would plead guilty in exchange for a sentence of life imprisonment without parole.
In January 2002, then-Attorney General John Ashcroft vetoed the plea agreement and ordered prosecutors to take the case to trial, seeking the death penalty. Why would he do that? Two reasons:
1. It enhances federal power. Under federal law, if both states and the federal government have jurisdiction over a crime, such as murder, the federal government is to defer to the states unless there is “substantial federal interest” in the case. An official at the Justice Department, courageously anonymous in the Washington Post, said the federal government has an interest in applying the death penalty in all parts of the nation, even in states like Vermont that do not have death penalties. The official compared the forcing of the death penalty onto these states to federal enforcement of civil rights laws in the south in the 1960s.
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No Child Sent Away
Although polls show Americans’ support for the war in Iraq is slipping, the public is not of one mind. Some oppose the war, some support it; many have mixed feelings. Just as soldiers in combat fight for each other and not for an ideology or a political position, there are issues on the home front that transcend the politics of the Iraq war.
One of those issues is military recruiting. There have been several stories in the media recently about aggressive efforts by military recruiters to sign young men and women into the armed forces and parents’ rights to be involved in that process.
A particular concern is the depth to which recruiters have penetrated high schools. The 2002 No Child Left Behind Act (Section 9528(a)(1)) says, “each local educational agency receiving assistance under this Act shall provide, on a request made by military recruiters or an institution of higher education, access to secondary school students names, addresses, and telephone listings.”
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