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.”
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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."
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