thursday, October 16, 1975
daily nebraskan
ues
sparks opposition
After voting Wednesday to -call for a
grand jury investigation into the Sept. 24
Arvid Sherdell Lewis shotting, some
members of the City-County Common said
the Common was premature in its call.
They said not enough information was
available to make such a decision.
However, other common members said
that the grand jury investigation was
needed because of what they called unsatis
factory information released by County
Atty. Ron Lahners. His report was released
Tuesday.
The common, comprising the City
Council, the County Commissioners and
the mayor, passed the resolution on a 6 to
5 vote.
Mayor Helen Boosalis, Council members
Robert Jeambey, John Robinson and Sue
Baily, and Commissioners Bruce Hamilton
and Jan Gauger voted for the resolution,'
which asked Judge Samual VanPelt to call
a grand jury and a special prosecutor to
investigate the case.
Voted against
Councilmen Max Denny, Steven Cook,
Bob Sikyta and Richard Baker, and Com
missioner Robert Colin voted against the
resolution.
Boosalis said she had "real reservations"
about calling the grand jury, but added she
could "see no other avenue to pursue facts
then a grand jury."
She said some members of the Common
might think the action was premature be
cause they had not had access to some of
the police reports that "others of us had."
Jeambey, who also voted yes, said that
he did not think he was handicapped by a
Jack of evidence.
"It is not our job to examine evidence,"
he said. "It is the court's job. Our job is to
keep peace and harmony.'
Hamilton said he was not satisfied with
Lanher's report because "there were
numerous gaps in the story." He said he
asked for a special prosecutor because he
was afraid that Lahners was too involved in
the case.
Lahners:
no comment
on grand jury
County Atty. Ron Lahners said Wed
nesday he did not want to comment
about the appropriateness of a grand
jury investigation into the shooting
death of Arvid Sherdell Lewis.
"It's a matter of professional ethics,"
he said.
County Sheriff Merle Karnopp said
he thinks calling for a grand jury investi
gation is a "waste of time." Karnopp
said he has much respect for Lahners
and is sure a thorough investigation has
been done.
"A grand jury might very well disagree
with his outcome," Hamilton said.
Special prosecutor
Gauger called for the special prosecutor
because she said Lahners "would have a
potential conflict" if he tried the case.
She said her main reason for calling the
grand jury was so "citizens of the commun
ity would not be forced to gather all the
signatures" required to ask for a grand
jury. Tuesday such a petition drive was
started.
According to Denney, approximately
4,000 signatures are needed on a petition
for a grand jury to be considered by a
district court ji dge.
Denney, who as chairman of the
Common had the responsibility of present
' ing the resolution to Van Pelt, first
submitted it orally. Later.it was submitted
in writing at Van Pelt's request.
Denney said he voted against the grand
jury motion because, as a former county
attorney, he thought the Common "had no
business getting into the actual investiga
tion of a crime" it is "not in the province
of our office," he said.
"Out of place"
Baker said the Common was "out of
place" in calling for the grand jury.
"I had not seen any reports," he said.
"We were the least informed people in the
room."
Cook also said he had seen no reports
and that the Common was premature in
voting for the grand jury.
He said that since the grand jury's pro
ceedings are kept secret except for the final
ruling, the jury might not provide the
answers people are seeking.
Sikyta agreed hat some questions might
be unanswered after a grand jury probe.
He said the Common acted too soon
and he, too, had received "no information
at all" concerning the Lewis investigation.
Baker also said the Common was the
"wrong place" to ask for a grand jury.
Bailey, Robinson, and Colin were un
available for comment.
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City Councilman John Robinson
Photo by Tad Kirfc
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DcSSy Nrufean Photo
City Council Chairman Max Denney
i cycle f ire law draws Lincoln dealer opposition
nivlla KvnnvAO has nn nrnhlcm rthtalntno rffrtivm tire
By Marella Synovec
A state law requiring all bicycles to be
equipped with special reflective tires after
Jan. 1 has caused negative reaction in
Lincoln and may be repealed shortly after
it goes into effect.
The law, LB827, was passed early in
1974 and requires all bikes with caliper
brakes to be equipped with tires with
reflecting sidewalls. Caliper brakes operate
when a rubber clamp squeezes rgainst the
tire rim and are the type of brakes found
on multi-speed bicycles.
John Wayne, a bicycle mechanic at Mr.
Bike, said the tires, which are made in
Taiwan, look like' an inexpensive black
wail tire that reflects. Because the reflec
tive strip that is built into the tire docs
not stretch like the rest of the rubber, the
tire is of lower quality, he said.
Wayne said Ken Stevens, owner of Mr.
Bike, has been trying to obtain the tires
but has been able to get only 10 tires of
one size.
However, Jack Smith, national sales
manager of Schwinn Bicycles, said the
Schwinn manufacturing plant In Chicago
has no problem obtaining reflective tires.
bmith said the retail cost to a bicycle
buyer will average $4 more per bicycle if it
is equipped with the reflective tires.
The Chicago plant will make sure the
reflective tires will be standard equipment
for Nebraska-bound Schwinn bicycles
whether the dealers order them with reflec
tive tires or not, he said.
Omaha Sen. Harold Moylan, who spon
sored the law said the proposal arose from
the State Department of Motor Vehicle's
concern for safety. Since more bicycles are
coming into use, there was a growing con
cern for biker's safety, he said.
Although the bill was passed in 1974 it
was not scheduled to go into effect until
Jan. 1 , Moylan said, because it was thought
that dealers could obtain the tires if they
were given enough time.
Moylan said the Legislature passed the
law because it did hot foresee much
problem.
The law does not include a penalty for
bikers who do not have the tires. However
it does make it 1 misdemeanor with a $2S
to $100 fine for selling bikes without the
tiros
Not including a penalty "practically
killed the purpose of the bill, but it
was the only way it would pass, he said
'Not satisfied'
Moylan said he is "not satisfied" and
bill now "Wh3t thCy d" With
said"' WW StriCUy Safety measure." h
Lincoln Sen Roland Ixudtkc said he
will introduce legislation early in the next
SeSvS.
Because of Leudtke's intent to try to
repeal the bill, Mrs. Donald Hill of the
Lincoln Schwinn Cyclery said, she and her
husband, who operate the store, "haven'
tried to get the tires and haven' been
She said they have been equipping bikes
with spoke reflectors that a?h eve the
same effect as the law requires
No changes
un, i.Bre.nneisc own of the Free
Wheehn Bicycle Shop, said he's "not doS
damn thing" about the reqSScment!
Brenneise said his shoo is one of the few
shops that exclusively handles high-quality
adult bikes. He said high-quality reflective
tires for his merchandise are not even
available.
Safety emphasis was the only justifi
cation in passing the law, he said, because
"apparently they (the legislators) know
nothing about bikes."
The tires do not last and if they get
wet or dirty they do not reflect, he said.
Light has to strike the tire at a perfect
angle for it to reflect, he said.
Law unique
No other state has a law like it, Bren
neise said. New York has a similar law, he
said, but that law requires spoke reflectors
on the wheel and not in the tire.
He has an attorney, he said, and is
willing to fight the law single-handedly
necessary. He said he has advised his cus
tomers that the law carries no penalty to
the bicycle owner and he does not intend
to comply.
Brenneise said it is a non-nforcable law
and there is "not a chance that the law will
stand."