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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (April 20, 1994)
Correction: The calendar that appeared in Tuesday's Daily Nebraskan mistakenly reported that Cryin' Heart would be playing with other bands Friday and Saturday night at Ninth St. Blues. Cryin'Heart is the only band performing those -4|AU And you are... David Spade from "Saturday Night Live" does stand-up comedy in Lincoln tonight. Page 13 Wednesday 73/45 Today, partly sunny with scattered thundershowers. April 20, 1994 University of Nebraska-Lincoln Vol. 93 No. 145 McElroy hearings to resume in July Defense questions evidence validity ttorncys agreed Tuesday to continue suppression hearings in July for the trial of former UNL student Arthur McElroy. McElroy, who appeared in court Tuesday, is charged with attempted second-degree murder, making terroristic threats and two counts of using a weapon to commit a felony. He is accused of aiming a semiautomatic rifle at members of his actuarial science class in an By Kara Morrison Senior Reporter Jurors say they weren’t affected by hugs, prayer urors who convicted Roger Bjorklund of first-degree murder last November said Tuesday that a prayer and hugs from the judge didn’t affect their decision. Chief Deputy Public Defender Scott Hclvie filed motions March 21 to have District Court Judge Donald Endacott removed from the case and a new trial be heard. The motion claimed that Endacott’s prayer and hugs violated Bjorklund’s constitutional rights, including his right to separation of church and state. Hclvic’s motions claim that after the jury was selected in Sidney, jurors were introduced to Endacott. who then asked the jurors to join him in a prayer. Jurors have said the prayer was something to the effect of “God be with us.” Helvic is con tending the prayer violated Bjorklund’s right to separation of church and state. After the verdict was handed down, the motions claim that Bjorklund’s attorneys wit nessed Endacott hugging members of the jury. They claim this action violated laws preventing contact between judge and jury. The motions were heard and overruled by Endacott on March 23. Lancaster County Attorney Gary Lacey re opened the motions last week in what Univer sity ofNcbraska-Lincoln law professor Jo Potuto called a move to prevent the issue from coming up in appeals court. By Matthew Waite Senior Reporter See BJORKLUND on 6 Thrill seekers issued tickets By Angie Brunkow Senior Reporter Six UNL students and one juvenile were ticketed for trespassing on a Burlington Northern railroad line south of Pioneers Park, officials in the Lancaster County sheriff's office said Tuesday. Capt. Byford Bruce said deputies found the seven standing on a railroad bridge early Sunday near the intersection of South Coddington and West Calvert streets as they watched an Amtrak train pass. The train was reported to be about three to four feet from their bodies, he said. “I have a suspicion that it was much closer than that,” he said. “They seem to get some sort of thrill.” The students had walked down the train tracks about one-fourth of a mile before they walked onto the bridge, he See TRAIN on 6 Oct. 12, 1992, incident. University ofNebraska-Lincoln police have said McElroy, a graduate actuarial science student, allegedly was attempting to fire when his weapon jammed. He was arrested less than an hour after the incident near his residence at 575 Dogwood St. in Bcnnet. Me El roy h as pi eaded no t gu i 1 ty to t he c harg es. District Judge Donald Endacott heard testi mony by officers and dispatchers involved in McElroy’s arrest and three recorded 911 calls about the incident at a suppression hearing in Lancaster County District Court. Defense attorneys are attempting to sup press evidence gained by officers in the Oct. 12, See MCELROY on 7 r -- — McElroy Timeline •Oct. 12,1992 — Arthur McElroy allegedly entered Ferguson Hall and aimed a semiautomatic rifle at members of his Actuarial Science 471 class. Police said the rifle jammed when McElroy tried to fire the weapon. •January 1993 — Trial date postponed pending an evaluation at the Lincoln Regional Center. •April 1,1993 — District Judge Donald Endacott ruled McElroy competent to stand trial after a psychiatrist from the Lincoln Regional Center testified McElroy suffered from a paranoid delusional disorder and could handle the stress of a trial. • July 21,1993 — McElroy stood mute in Lancaster County Court and a not guilty plea was entered for him. •April 19,1994 — Suppression hearing for McElroy case begins in Lancaster County District Court. Travis Heying/DN Jennifer Ziegler, a junior civil engineering major, takes a sediment sample from a scale model of the Missouri River inside the Walter Scott Engineering Center Tuesday afternoon. The model was built to study sediment intake at the Fort Calhoun Nuclear Power Plant. See related story on Page 8. Regent publicly critical of Spanier agenda By Jeffrey Robb Senior Editor NU Regent Robert Allen said Tuesday that although Chancellor Graham Spanier was hurting the University of Ncbraska-Lincoln, he should be given the op portunity to change the way he ran it. Allen, from Hastings, has criticized Spanier for implementing a personal, social agenda instead of focusing on academics. Earlier this week Allen criticized him again, this time in a letter to the editor in The Lincoln Star. in mai response 10 a previ ous letter, Allen stated, “Spanier’s style of leader ship is causing UNL to lose stature, to become less im portant to our students and our state.” Allen said Spanicr’s agen da of political correctness Allen was leading UNL in Ihe wrong direction. Spanicr is focusing too much on homosexuals, when they only arc 1 to 2 percent of the student body, Allen said. “He’sbringing in a very 1 iberal, sociological philosophy ” Allen said, “and it causes prob lems.” Allen said Spanier’s background in sociolo gy and cohabitation, not administration and academics, led to problems. Spanicr was out of Nebraska on Tuesday, but Michael Mulnix, executive director of uni versity relations, reached Spanicr, who said he wouldn’t comment on the letter. Regent Chairman Charles Wilson of Lin coln said if Allen had a problem with the way Spanier handled things, he should take it up directly with Spanier or with the University of Nebraska Board of Regents or NU President Dennis Smith. “I don’t sec what purpose is being served by criticizing the chancellor, criticizing in the press,” Wilson said. “Why write a letter to the editor? What’s the editor going to do about it?” Wilson said Allen’s view of Spanier was not widely held and “off the mark.” “My perception is that his views arc not shared by other persons on the board,” he said. Smith also was unavailable for comment. When he witnessed Allen criticizing Spanicr for implementing a social agenda at a regents subcommittee meeting last month. Smith re portedly leaned to ask Wilson if he should say something. . Allen began his criticism of Spanier’s poli cies almost immediately after Spanicr began his job in November 1991. One month alter starting, Allen said, Spanier wrote a letter to U.S. Sen. James Exon asking that the ban on homosexuals in the ROTC program be lifted. “I should have realized then we’d be in for these kind of concerns,” Allen said. Allen said he doubted Spanier’s background before the university hired him. ‘‘I told him 1 was surprised he was seeking an administrative position when his background was almost 100 percent sociology,” Allen said. Allen said Spanier’s actions had disenchant ed students and faculty members at UNL and constituents of his district. One unnamed professor quit because UNL was dedicated to Spanicr’s agenda instead of academics, Allen said. “We want kids to be able to get a good education and get on with their careers,” Allen said. “And I hate to see the university getting away from that.” Also, important areas of academia, such as building projects, are being ignored in favor of Spanicr’s agenda, Allen said. “1 wish (the university) had only positive things that are happening.” Allen said he had tried to talk with Spanier, but the chancellor was not an easy person with whom to talk. Spanier also doesn’t seek him out, Allen said. Spanier should receive credit for some suc cesses, Allen said, like the hiring of Athletic Director Bill Bymc and Joan Lcitzel, the senior vice chancellor for academic affairs.