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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (June 21, 1990)
Judson preliminary hearing draws to close By Mark Georgeff Slaff Reporter A preliminary hearing, involving present and former University Ne braska-Lincoln students’ consumer fraud allegations against a Lincoln automotive repair shop owner, is nearing an end. County court records show the defendant, Judson R. Cushing, owner of Judson Automotive Ltd., 601 N. 27th St., has been charged with four counts; two of theft by deception and one each of theft and criminal mis chief, based on the complaints of plaintiffs Katherine Tabor and David C. Schroeder, UNL students; Kurk Broer. a former student; and Lincoln resident Jacquelyn Fynbue. The defense has motioned for dis missal of all four counts, “maintain ing that the evidence fails to establish that any crime and/or crimes were committed, and fails to establish probable cause to believe Cushing committed those crimes,” according to a defense brief submitted to Lan caster County Court. The brief also stated the defense’s concern that the charges against Cushing were not covered by the Criminal Code, but rather fell under the Deceptive Trade Practices Act, which would reduce the charges from felonies to misdemeanors. “Preliminarily, we submit that there is a fundamental defect in the charges and the state’s theories in each of the counts, the brief stated. ... I he act of repairing vehicles is not illegal.” Also, if the Deceptive Trade Prac tices Act isapplicd to the charges, the statute of limitations has expired on one of the counts. The brief called for Schroeder’s charge against Cushing to be dis missed, based on a statute dealing with the “misrepresentation as to the origin of goods.” The brief also stated that Taber “voluntarily” brought her vehicle to eusning s repair snop ana consented to authorize repairs on it, . .and although there may have been dis putes over the scope of authorized work and the final repair price, there is no evidence to support the crime of theft as codified into the offense of theft by deception.” In response to Fynbuc’s claim, the brief stated, “There is not one shred of evidence that these parts, even il missing, were missing as the result of any intentional or reckless act, ol anyone.” 500 OFF | Any pizza 475-6363 I NAME_ ADDRESS_- I DATE_ | $1.00 OFF 1 m V Any pizza ordered f 11 a.m.-4 p.m. S 475-6363| NAME_ | ADDRESS_ | DATE_ J Walk Continued from Page 1 But the walk itself will he more than just a protest, she said. “I think we’re ready for fun," she said. Others said they were ready lor heat and mosquitoes. The group planned to camp at tiagle. Grandpa’s Woods, Elmwood, Louis ville and two nights in Plallsmouth before arriving in Bellevue. John Doan, a 25-ycar-okl UNL sociology major, said this is his sec ond walk. He said he wishes nuclear weapons capabilities were eliminated, but, ‘‘I don’t think we’ll get rid of the (military) system.” Huffmann said he opposes U S. foreign policy and hopes the walk will increase awareness of issues. “We can’t accomplish anything directly by standing outside of SAC,” he said. “We can show that we op pose the policies." I I BM announces an enhancement to the PS/2. \ high-speed loan. Just visit the CRC Computer Shop in the Monday through Friday and speak with more information about the IBM PS/2® University Bookstore from 11:00 to 3:00 the Collegiate Representative to find out Loan for Learning or call: Bob Eis 473-6750 Ext. 5005 Computing Resource Center Computer Shop University Bookstore Lower Level Nebraska Union 472-5785, Summer Hours: 7:30 a.m.-4:30 p.m. T-TttTTtTtTTr--!“T-r”^-I ‘The loan offer is available only to qualified students, faculty and staff who purchase IBM PS/2's through participating campus outlets “Applicants must have a combined minimum annual income of $20 000 to be eligible I® IBM Personal System/2 and PS/2 are registered trademarks of International Business Machines Corporation * *.. . ■■■' i. .■ ■■.‘■:ii'.;iiin‘iifiiii,,iii,iiiiiiiiiiiiiiiiiiiiiiT»TmiiniunT.,ii, m ■■ i-~~"t, . i .'in ■.,,, i.jm