Issue link: https://www.epageflip.net/i/585228
ByMarkSherman The Associated Press WASHINGTON Sheriff's Deputy Charles Hurt was on truant patrol when he came across a teenager in a Baton Rouge park on a cool fall morning. The teen- ager pulled a gun from his jacket, panicked, he said, and shot Hurt dead. That tragic sequence took place more than a half- century ago, nine days be- fore the Kennedy assassi- nation in 1963. The teen- ager, Henry Montgomery, is now 69 years old and has been behind bars almost ever since, serving a life sentence. He wants the Su- preme Court to give him a chance to get out of prison before he dies. Three years ago, the jus- tices struck down auto- matic life sentences with no chance of release for teen- age killers. The question for the court in Montgomery's case, to be argued Tuesday, is whether that decision in Miller v. Alabama should be extended retroactively to Montgomery and hundreds of other inmates whose con- victions are final. In the 5-4 decision in 2012, Justice Elena Ka- gan wrote for the major- ity that judges weighing prison terms for young of- fenders must take into ac- count "the mitigating qual- ities of youth," among them immaturity and the failure to understand fully the con- sequences of their actions. A win for Montgomery at the Supreme Court would not necessarily lead to his release. But he would be al- lowed to present evidence about his childhood and family situation, as well as about his rehabilitation dur- ing his long imprisonment. Through legislative ac- tion or court rulings, 18 states have allowed in- mates like Montgomery to be given new prison sen- tences or to ask for their re- lease, according to The Sen- tencing Project. Louisiana is among seven states that have declined to apply the Supreme Court ruling retro- actively. The issue is under review in some other state courts and legislatures. Nine states abolished the sentence outright after the 2012 decision, bringing to 15 the number that prohibit life terms for those under 18, according to the Phillips Black Project, a public inter- est law group that focuses on the most severe prison sentences. Seven states have no inmates serving such sentences. Montgomery's case probably will turn on just how big a deal the court thinks the 2012 decision was. Groundbreaking deci- sions in criminal law often are applied retroactively. Montgomery's lawyers say the court's decision to out- law automatic life sentences for teenagers, its latest in a string of rulings about how children bear less respon- sibility than adults for the same crimes, is such a case. In response, Louisi- ana argues that the Ala- bama case should not be viewed as quite that im- portant because the court only declared unconstitu- tional such sentences where judges lack discretion, and specifically did not forbid judges from sentencing ju- veniles to life in prison af- ter consideration of individ- ual circumstances. SUPREME COURT AND PRISONS Justices to decide on sentences for young 'lifers' PABLOMARTINEZMONSIVAIS—THEASSOCIATEDPRESS The Supreme Court building is seen in Washington. By Catherine Lucey and Ken Thomas The Associated Press DES MOINES, IOWA Stuck far behind Hillary Clin- ton and Bernie Sanders in the race for the Demo- cratic presidential nomina- tion, Martin O'Malley needs a breakout moment in the party's first debate to catch up to the front-runners. And he knows it. "This will really be the first time that nationally voters see that there's more than one alternative to this year's inevitable front-run- ner, Secretary Clinton," O'Malley said. "It's a very, very impor- tant opportunity for me to not only present my vi- sion for where the coun- try should head, but also 15 years of executive experi- ence, actually accomplish- ing the progressive things some of the other candi- dates can only talk about," he said. The former governor of Maryland and mayor of Bal- timore got into the race at the end of May, after tele- graphing for some time his plans to seek the White House in 2016. The entries of the two others who will be onstage Tuesday night in Las Vegas, former Virginia Sen. Jim Webb and former Rhode Island Sen. Lincoln Chafee, were surprises to most. But all three have one thing in common — an inability so far to gener- ate any of the enthusi- asm among voters that has pushed Sanders into and kept Clinton at the top of the field. All three poll in low single digits in early preference surveys, well be- low even Vice President Joe Biden, who has yet to say if he'll make a late entry into the race. O'Malley has been openly critical of the Democratic National Committee and the decision to hold six pri- mary debates, with four scheduled in early primary states before the Iowa cau- cuses on Feb. 1. He has mounted a push for the party to expand the num- ber, even encouraging pro- tests in front of Democratic Party headquarters. The party hasn't budged, but O'Malley is undaunted. He has campaigned ag- gressively in Iowa and New Hampshire, far more than Webb or Chafee. He is crit- ical of Clinton for her re- cent shifts on policy issues, among them her opposition to the Trans-Pacific Part- nership trade deal, which he calls a "reversal." O'Malley also touts his executive experience in dealing with issues such as gun control, in which Sand- ers' record matches more with his largely rural home state than his place in the race as a liberal firebrand promising political revolu- tion. Expect Chafee, the for- mer senator and governor from Rhode Island, to go af- ter Clinton for her 2002 vote to authorize the war in Iraq. Chafee, at the time a Repub- lican, opposed the invasion and he's said Clinton's sup- port for the war, which she has more recently called a "mistake," is at the center of his decision to run. POLITICS Democratic debate a breakout chance for O'Malley, others JIM MONE — THE ASSOCIATED PRESS Democratic presidential candidate former Maryland Gov. Martin O'Malley speaks in Minneapolis. By Farai Mutsaka The Associated Press HARARE,ZIMBABWE Zim- babwe is no longer press- ing for the extradition of James Walter Palmer, an American dentist who killed a well-known lion called Cecil, a Cabinet minister said Monday. Palmer can now safely return to Zimbabwe as a "tourist" because he had not broken the southern African country's hunting laws, Environment, Water and Climate Minister Op- pah Muchinguri-Kashiri told reporters in Harare on Monday. Zimbabwe's police and the National Prosecuting Authority had cleared Palmer of wrongdoing, she said. Palmer was identified as the man who killed Cecil in a bow hunt. Ce- cil, a resident of Hwange National park in west- ern Zimbabwe, was well- known to tourists and re- searchers for his distinc- tive black mane. Muchinguri-Kashiri had said in July that po- lice and prosecutors would work to get Palmer returned to Zimbabwe to face poaching charges. On Monday, she told reporters in Harare that Palmer can now safely return to Zimbabwe as a "tourist" because he had not broken this wildlife- rich southern African country's hunting laws. Palmer was the subject of extradition talk in Zim- babwe and a target of pro- tests in the United States, particularly in Minne- sota, where he has a den- tal practice, after he was identified as the man who killed Cecil the lion in a bow hunt. Cecil roamed in Hwange National Park in western Zimbabwe. CECIL CASE Zimbabwe: Dentist not wanted for killing lion By David Koenig The Associated Press DALLAS A day after tech- nology problems delayed hundreds of Southwest Air- lines flights, the carrier's operations were running more smoothly Monday. Southwest spokesman Brad Hawkins said work- ers fixed a failed software application that had caused the problems. He did not provide more details or de- scribe the application but said there was no indication that hackers were to blame. The Dallas airline had been warning passengers early Monday morning to print boarding passes ahead of time and arrive at the airport two hours early. Airline officials said later that there was no longer a need to arrive early but that passengers might still want to print boarding passes at home in case of long lines at airport ticket counters. On Sunday, Southwest suffered intermittent tech- nical issues on its website, mobile app and in its phone centers and airport check- in systems. It used backup systems to manually check in some passengers. The airline said that about 800 of its 3,355 sched- uled flights were delayed at least 15 minutes Sun- day. Passengers reported long lines at several air- ports including major hubs like Los Angeles Interna- tional, where airport work- ers handed out water and provided shade canopies to travelers stuck in lines out- side the terminal. On Monday morning, Baltimore-Washington In- ternational Thurgood Mar- shall Airport tweeted that operations were returning to normal with few delays and shorter lines. Flight- tracking services indicated few if any Southwest delays by noon Eastern time. Southwest Airlines Co. carries more than 100 mil- lion passengers a year within the United States, more than any other air- line. On most days, its on- time performance is about average for a U.S. airline. Through the first eight months of 2015, 78 percent of Southwest flights arrived on time, ranking seventh among the 13 largest air- lines whose performance is reported by the U.S. Depart- ment of Transportation. Airlines are large, com- plex organizations that are heavily dependent on tech- nology, and even brief out- ages can strand thousands of passengers. TECHNOLOGY PROBLEMS AND DELAYS Southwest operations appear on track STEVE MARCUS — LAS VEGAS SUN VIA AP Departing Southwest Airlines passengers wait in line at McCarran International Airport in Las Vegas, on Sunday. Areyoumelting? Professional Evaporative Cooler Service & Repair 221 3331 Chimneys•AirDucts Swamp Coolers • Dryer Vents Residential & Commercial WhiteGloveChimney.com ChocolateIsn'tHappy InTheDesert American Style - It's all about the flavor! www.kahunasmongolianbbq.com 2151 Market St. • Redding • (530) 244-4200 $ 2 OFF Regularly Priced Adult Meals (Dine-In Only) One per table. 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