Gilmore Situation Puzzles Harvard Law Professors

The case of Gary Mark Gilmore, who has requested execution to avoid a life sentence in prison, poses a new legal problem for which Law School professors say they have no conclusive answer.

Gilmore was sentenced to death on Novermber 1 for the murder of two Utah men. Since then, he has repeatedly asked to have the sentence carried out, and has resisted all attempts to stay his execution.

However, James Vorenberg '49, professor of Law, said Friday he does not believe Gilmore should interfere with attempts to retry the ase or reduce the sentece. "It is crucial that the state be sure every possible defense has been presented," he said.

Alan M. Dershowitz, professor of Law, who frequently argues civil liberty cases, said Friday he believes "every rational human being should have the right to commit suicide." However, he said he is "unalterably opposed to state-run capital punishment."

The American Civil Liberties Union (ACLU) is attempting to stay the execution, because it believes the state gave Gilmore an unfair choice--to die now or appeal the cae while remaining in jail with the death sentence hanging over him.

Supports Intervention

Andrew L. Kaufman '51, professor of Law, said Friday that he supports the ACLU's intevening. "There are important issues that ought to be fully heard before any death penalty is carried out," he said.

Utah Governor Calvin L. Rampton has delayed the execution pending a review of the case by the State Board of Pardons. The board was schuduled to convene on Wednesday, but had to delay the meeting until December 6 because of an unsuccessful suicide attempt by Gilmore last Tuesday.