Death sought for crimes against kids

Rob Lauer so far appears to be a long shot to win a seat in Congress.

But that isn't stopping him from coming up with ideas for new legislation.

Lauer, a Republican, says Congress should pass a law to expand the use of the death penalty to cover people convicted of abducting and raping or torturing a child.

He has the support of Rosie Rodriguez, older sister of Karla Rodriguez, a 7-year-old girl who disappeared from Las Vegas in 1999. Karla Rodriguez remains missing, and the case remains unsolved.

Lauer argues broadening the death penalty law would give prosecutors more leverage to settle abduction cases without a trial and still get defendants sentenced to life in prison.

"The real issue is this: It gives prosecutors the tools to seek stiff sentences," Lauer said. "It is horrible for the kid to go through a trial."

But one of the nation's leading judicial experts says such a law wouldn't hold up in court.

The U.S. Supreme Court in 2008 struck down a Louisiana law that broadened the death penalty to allow execution of people accused of child rape. In the 5-4 decision the majority clearly stated the victim must die for the death penalty to apply, said Jeffrey Fisher, an associate professor of law at Stanford University who has litigated cases before the Supreme Court.

The court repeats several times in its opinion the requirement that the victim must die, Fisher said.

Lauer is running in the Republican primary against former state Sen. Joe Heck. The winner probably would face incumbent Rep. Dina Titus, D-Nev.

KROLICKI REVIVAL

The dismissal of a criminal case against Republican Lt. Gov. Brian Krolicki has renewed chatter that Krolicki could join the crowded field of Republicans seeking to challenge U.S. Sen. Harry Reid, D-Nev., in 2010.

Attorney General Catherine Cortez Masto said Thursday she wouldn't appeal a decision by a Las Vegas judge to dismiss the case in which Krolicki was indicted on two counts of misappropriation and falsification of accounts by a public officer and two counts of misappropriation by treasurer related to his management of a college savings program he oversaw while state treasurer.

No money was alleged to be missing; nor was Krolicki alleged to have been wrongly enriched. The charges related to a failure to send proceeds to the state's general fund instead of keeping them under his control.

The indictment came down in late 2008 shortly after Krolicki openly discussed a potential challenge to Reid. The criminal case from Masto, a Democrat, prompted Krolicki to allege the prosecution was politically motivated.

Now that the case is over, with no proof Krolicki violated the law, there has been speculation he might challenge Reid.

Krolicki hasn't publicly dismissed the possibility of a challenge. But he has a Web site dedicated to his re-election as lieutenant governor, and his political consultant, Ryan Erwin, is working for John Chachas, another Republican seeking to challenge Reid.

REFERENDUM ON REID

The latest poll on Nevada's 2010 Senate race suggests Reid's push for health care reform is not helping him with voters back home.

A Rasmussen Reports poll released Friday morning showed support for Reid at 43 percent. He trails in individual matchups with GOP challengers Sue Lowden (49 percent), Danny Tarkanian (49 percent), and Sharron Angle (47 percent).

"The numbers in this month's poll suggest that the race at this point is a referendum on Reid," the polling service said.

Rasmussen noted each of the Republicans remains largely unknown, while Reid, the Senate majority leader, is known but generates a mixed reaction. Forty percent of voters had a favorable impression of him while his unfavorables were 57 percent. Rasmussen said it was notable that 49 percent said they were "very unfavorable" to Reid, suggesting a substantial hard-core opposition.

Lowden is a former state senator and former chairman of the state GOP. Angle is a former assemblywoman. Tarkanian is a businessman and son of famed UNLV basketball coach Jerry Tarkanian.

Reid's advocacy for President Barack Obama's health reform "appears to raise further red flags" for the incumbent, according to Rasmussen.

Nevadans appear to oppose the health legislation with more fervor than respondents in national polls, according to numbers showing 49 percent of likely voters in the state strongly disapprove of the effort while 23 percent strongly approve.

Some analysts have surmised that public opinion on health care reform could change if Congress were to pass substantial legislation, giving Reid and other Democrats a chance to rebuild support before Election Day.

"A lot of polls will be taken over the next year, but the only one that really matters will be in November," Reid aide Jon Summers said in an e-mail. "Sen. Reid is focused on improving the lives of struggling Nevadans by creating jobs, lowering the cost of health care, and strengthening our economy."

Rasmussen polled 500 likely Nevada voters on Wednesday. The poll's error margin was 4.5 percent.

Contact Benjamin Spillman at bspillman @reviewjournal.com or 702-477-3861.