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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Aug. 30, 1994)
Inside Tuesday Sports ■ Coaches discuss Big 12 playoff, Page 7 Arts & Entertainment ■ Review: New restaurant In Haymarket, Page 9 PAGE 2: Plans for Haiti intervention continue August 30, 1994 Many question Otey’s scheduled execution No legal grounds to base appeal on, state’s brief says By Brian Sharp Senior Reporter Harold Lamont Otey has no legal grounds on which to base his recent civil rights appeal, according to a brief filed by the state in the Eighth Circuit Court of Appeals on Monday. The state’s brief, filed with the 8th U.S. Circuit Court of Appeals, argues that Otey is further attempting to stall the carrying out of a legitimate criminal judgment by arguing that the I Board of Pardons gave him an unfair clemency hearing. “In urging his theories upon this court, Olcy does not seek to serve the interests of justice, comity or federalism. He simply seeks the only effective refuge he has found from assuming responsibility for his criminal acts. He seeks yet another day in court,” states the brief signed by Assistant Attorney General Kirk Brown and approved by Attorney General Don Stenbcrg. Otcy, 43, was convicted in the 1977 rape and murder of Omahan Jane McManus. His Sept. 2 execution would be the first in Nebraska in 35 years. The appeal will be argued Tuesday afternoon See OTEY on 6 Church groups line sidewalks outside Governor’s Mansion By Brian Sharp Senior Reporter “Why do we kill people to show that killing people is wrong?” That question was on a button worn by Lauren Edahl. It’s a question he wants answered. Edahl, senior pastor ofTrinity United Method ist Church, attended a vigil in front of the Gover nor’s Mansion Monday afternoon. He was joined Damon Lee/DN Nelson Potter, a professor of philosophy at UNL, has tutored death-row inmate Harold Lamont Otey for nine years. Potter describee! Otey as a friendly, engaging man who was eager to study and learn. Friend to the end Professor to mourn if Otey executed By Matthew Waite Senior Reporter I fHarold LamontOtcy iscxccutcd as sched uled Friday, Nelson Potter will lose a friend. Potter, a University of Nebraska-Lincoln philosophy professor, has been tutoring the convicted murderer in logic for nine years. During that time, he has made a friend. “He’s a very engaging person — easy to talk to,” Potter said of his student. “Last week, the (Omaha) World-Herald described him as a monster, and that is so out of keeping with the person I know." Oley was convicted lor the 1977 rape and murder of Jane McManusofOmaha. His Sept. 2 execution would be the first in Nebraska in 35 years. Potter, who teaches a philosophy of law class that discusses the death penalty, was first contacted 11 years ago about a program for a group of death-row inmates who wanted to learn philosophy. Eventually, the group dwindled to just Otey, Potter said. A graduate student from Italy was the only person interested in teaching the inmates. The student graduated and moved on but had kept in touch with Otey, Potter said. Potter said he then stepped in. Throughout Oley’s studies, Potter said the inmate had been a dedicated student. Otey never wanted to skip a single logic problem in his bi-monthly lessons. Potter said. The lessons have covered most of two textbooks. Most UNL students finish one-third of a textbook, he said. Potter said his conversations with Otey were not reserved to logic. He said they talked about Otey’s life, philosophy, litera ture and Otcy’s poetry. “He’s read quite widely,” Potter said. “He’s reading about Huey Newton, who was a black liberation figure from the early ’70s.” Potter said they also had talked about the McManus murder. “He says he did not do the killing that he was convicted of,” Potter said. Potter said one only had to tal k to Otey and get to know him on a personal level to real izc that he was not someone to be feared. “You’re just talking to this human being,” he said. “One of the things I fault the Gover nor (Ben Nelson) and the Attorney General (Don Stenberg) on ... is they never had the courage to meet Otey face to face.” Not all death-row inmates are against the death penalty. Potter said, as some would expect. See POTTER on 3 by more than 35 people from various churches, the Urban League and the Civil Liberties Union to protest the execution of Harold Lamont Otey, scheduled for Friday. Otey was convicted of the 1977 rape and murder of Omahan Jane McManus. He issched ulcd to die at 12:01 a.m. Friday in the electric chair.* “(An execution) is something that gets right to the core of who we arc as human beings,” Edahl said at the rally. “It is important that he (Gov. Ben Nelson) understand the position that he is in.” Edahl, like many other protestors, brought letters from their respective churches, stating the church’s position against the death penalty. See PETITION on 6 Open flames now against halls’ policy By John Fulwider Staff Reporter A new residence hall policy has taken the spark out of some students’ lives. Or at least the open flames. The policy prohibits the unauthorized use of candles, incense, hot plates, toasters, toaster ovens, grills or any items that use open llamcs or have exposed heating elements. Lesley Esters, coordinator for residence hall administration, said a group of residence hall directors decided to create the policy because use of candles and other items was becoming a safety hazard. Candles left unattended in residence hall rooms caused three fires last year, she said. The fires occurred in Abel and Schramm residence halls and resulted in about $2,500 worth of damage. Esters said the new pol icy would not apply to smoking. See POLICY on 3 Endacott denies requests made by Bjorklund By Angie Schendt Staff Reporter A judge ruled Monday that Roger Bjorklund could not take a polygraph lest in connection to the string of Lincoln robberies with which he is charged. Lancaster County Judge Donald Endacott de nied Monday two of four motions Bjorklund filed about the robbery charges. Bjorklund requested a polygraph test to prove that he was coerced to give statements about the robberies to law enforcement agencies. He was convicted in the 1992 murder of University of Nebraska-Lincoln studcntCandicc Harms. Seven counts of robbery are still pending against Bjorklund. Deputy Lancaster County Attorney Patrick Condon objected to the lie-det6ctor lest, saying that polygraph results are not admissible in Ne braska courtrooms. Bjorklund, acting as his own attorney with assistance fromChielTublic DefenderScott Helvie, said he wanted the polygraph for a hearing, not a trial. Polygraph evidence is admissible in a hear ing, Bjorklund said. Endacott also denied Bjorklund’s request fora change in venue for the robbery trial. Endacott allowed a 12-tnember jury to be selected from Sidney for Bjorklund’s four-week murder trial last fall. See BJORKLUND on 3