Yosemite Leader's Last Days Marred By Michael Doyle Fresno Bee - October 26, 1999 WASHINGTON - Stanley Albright's horrific second-to-last day as Yosemite National Park superintendent ended with a woman's death and a phone call to his superiors that another disaster had struck Yosemite. While a National Park Ser vice board of inquiry con venes to investigate the parachuting tragedy involving Jan Davis of Santa Barbara, and questions arise about the park service's potential legal liability, Albright is starting the twilight of his career with grim memories. "Boy," Albright said Monday, "those were not easy things to see or hear." Last Friday, the 68-year-old Albright was capping a two-year stint at the park where he began as a seasonal ranger more than 40 years ago. He was, for a time, just part of the festive crowd of more than 100 people gathering to see five protesting parachutists jump from the top of El Capitan. "It was one of those things where there are a whole lot of people on a nice, warm day, throwing Frisbees, laughing and enjoying themselves," Albright recalled. The laughter continued while three parachutists successfully glided through the air, landed and were politely handed citations by waiting Park Service rangers. Albright didn't see Davis' body slam into the ground - he was standing on the other side of a tree line - but he heard the "pop" of a collision echo off the granite. Parachuting from a static location such as the half-mile-high El Capitan, termed BASE-jumping, is illegal. But it's also alluring. And the BASE jumpers, unhappy over past legal run-ins with Yosemite rangers, had made it clear that an El Capitan jump couldn't be stopped. Albright, in Washington this week to kick off his new position as Park Service resources adviser, explained that he and other Yosemite officials accommodated the jump in an attempt to prevent a chaotic event. "They had written us a letter, saying they were going to have a mass jump, and that could have caused us some grief," Albright said. "So we worked with the organizers, and it was negotiated down to just five jumpers, and they knew they were going to be arrested when they hit the ground." Denis Galvin, the Park Service's deputy director, said Monday that blocking protests in national parks can pose legal problems. Consequently, officials try to accommodate them whenever possible. "At some point, you get into First Amendment issues," Galvin said. "We've had First Amendment cases involving nude beaches." Yosemite officials had also been advised by their counterparts at the New River Gorge National River in West Virginia that the BASE jumpers were on the way. The New River Gorge plays host to a BASE-jumping celebration every October. A few weeks ago, more than 300 people jumped for several hours from a state-owned, 876-foot high bridge. Safety preparations "At one point, they were jumping about every 30 seconds," Gary Hartley, chief ranger at New River Gorge, said Monday. "It's kind of a carnivallike atmosphere." New River Gorge, accustomed to the jumpers and their inevitable injuries, prepares extensively for the annual event. Preparations this year included a safety briefing by park officials before the jump, a medical helicopter on standby, special training for rangers and emergency medical crews on the ground. Hartley said New River Gorge officials also heard about plans for the Yosemite protest jump and made sure Yosemite officials knew about it. Albright termed Yosemite's decision to permit a small jump a "calculated" determination. It meant, in essence, that in the interest of avoiding greater potential harm, the Park Service was allowing some people to break a law meant to stop an inherently dangerous activity. Such a concession raises inevitable legal questions. As a general rule, the federal government enjoys sovereign immunity against lawsuits. A 1946 law permits some tort claims from those damaged by government action, but typically these claims will lose if the questioned action is considered a discretionary responsibility of the government agent. This so-called "discretionary function" rule is meant to protect government officials from legal second-guessing. One Yosemite question could thus become: Did park officials really enjoy the discretion to let BASE-jumpers break the law? Inquiry could take weeks "You could get a plaintiff's attorney, and they can explore anything, but it's real difficult to sue the government," said Daniel Guttman, a Washington lawyer who has sued the Energy Department on behalf of nuclear facility workers. "The government can fight you tooth and nail. Although they might settle, they're very concerned about setting a precedent that opens them up to lots of lawsuits." The factual questions will be addressed by the board of inquiry, made up of top Yosemite officials. The process could take weeks, Yosemite spokesman Scott Gediman said. Once completed, the results will be forwarded to the Park Service's regional headquarters in San Francisco. Albright will maintain his home in Yosemite, but his work will focus on giving advice to the Park Service director on resource protection. "Yosemite is a thrill a minute," Albright said. "What could happen next?" The park's new superintendent, David Mihalic, was scheduled to begin his job Monday. A Yosemite spokesperson said Mihalic was traveling and couldn't be reached to comment. Bee reporter Michael Baker contributed to this report.