Editorials
Wednesday, November 12, 1997INTENSE public interest in the murder trial of a 19-year-old British woman for the death of an 8-month-old son of a Massachusetts couple under her care has exposed disturbing kinks in the judicial system. Prosecutors over-charging defendant Louise Woodward with first-degree (premeditated!) murder, a high-risk ploy by defense attorneys, a faulty decision by a judge to sanction the strategy and a jury who rebelled when faced with its choices combined to create a travesty. Au pair murder trial
turned into a travestyThe public's interest in the case was understandable. Matthew Eappen was the son of Boston physicians who had hired Woodward as a live-in au pair. Working couples across the country who rely on baby sitters to facilitate their careers could identify with the Eappens. Pressure brought on by the public attention may have contributed to the disastrous course of the trial.
Defense attorneys were confident they had presented evidence that would preclude the jury from convicting Woodward of even second-degree murder, which involves malice and carries a life prison term with the possibility of parole after 15 years. They persuaded Judge Hiller B. Zobel to prevent the jury from settling on a compromise of manslaughter, which involves reckless behavior.
The jury, finding Woodward responsible for Matthew's death but annoyed at the choices given them, convicted her of second-degree murder rather than allow her to go scot-free.
If that can be called jury nullification, then Zobel's response amounts to what might be called judicial nullification, an affront to the jury system. The judge lowered the conviction by two levels to involuntary manslaughter, a charge less than the one he refused to allow the jury to consider. Ignoring the Massachusetts sentencing guideline of 40 to 60 months for such a conviction, he immediately freed Woodward, who had spent nine months in jail awaiting trial. Woodward still refuses to accept any responsibility for Matthew's death.
Matthew's parents are devastated by the judge's decision and have a right to be. Murphy's Law, not American jurisprudence, prevailed in the courtroom of Judge Zobel.
CHUAN Leekpai is back as prime minister of Thailand after a two-year hiatus. He succeeded Chavalit Yongchaiyudh, who resigned last Friday after failing to avert the collapse of Thailand's economic boom. Chuan, who served from 1992 to 1995, is forming the new government based on a coalition of eight parties. Thai leader returns
In July 1995, plagued by charges of corruption in land transactions and deserted by a coalition partner, Chuan called elections rather than face a vote of confidence. Chuan's party finished second in the elections, which were marred by charges of vote-buying. Banharn Silpa-archa was named prime minister, but big gains were also scored by Chavalit, a former general who later succeeded Banharn.
Chuan said he did not plan to hold elections soon, as envisioned by his predecessor, explaining that he needed time to address the nation's economic problems. The Thai currency, the baht, has plunged in value since last summer as a result of overbuilding and lax credit practices.
The new leader said the government would revamp the troubled finance sector and cooperate with the International Monetary Fund (IMF) to stabilize the baht. In August Thailand received a $17.2 billion bailout sponsored by the IMF.
Chuan also said he needed time to study the electoral laws. The new constitution requires the passage of three electoral reform laws before elections can be called.
For years Thailand has ridden an economic boom despite a continuance of chaotic and corrupt practices. Now the time for a political accounting has arrived. The game of musical chairs that has characterized Thai politics has run its course. But it is far from clear that Chuan is up to the challenge of changing the way Thailand is governed.
WHILE Hawaii was puzzling over the recommendations of the governor's Economic Revitalization Task Force to boost the stagnant economy, Victoria Ward Ltd. came up with a strong vote of confidence in that economy. It announced that two national retailers have signed up for a new shopping complex on its property on Ala Moana Boulevard. Growth of retailing
FAO Schwarz, the specialty toy retailer, will open a 40,000-square-foot store at Ward's new $200 million complex in Kakaako. Saks Fifth Avenue will open a 150,000-square-foot department store. In addition, the developers are negotiating with the Rainforest Cafe to open a theme restaurant on 19,000 square feet.
The Ward project had been announced earlier but the signing of these major retailers brings the center much closer to realization. Mitch D'Olier, Ward's chief executive officer, said construction will begin in early 2000.
D'Olier has been a proponent of Honolulu as a shopping magnet for the Asia-Pacific region, and he is applying that vision to the Kakaako property. He isn't alone. Duncan MacNaughton is building a $100 million shopping center in Waikiki called Waikiki Promenade. The Myers Corp. is planning a $140 million retail center at the site of Consolidated Amusement's Waikiki theaters. A mammoth shopping center project is in the works at Kapolei. And Ala Moana Center is in the midst of a major expansion.
Diversification of Hawaii's economy is a perennial issue, but dependence on tourism is hard to shake. The current growth of retailing is a kind of diversification. It is aimed at tourists, but tourists who come here primarily to shop, not to go to the beach or sight-seeing. If its promoters are right, retailing will be a much bigger part of Hawaii's economy in the coming years.
Rupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor
