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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Jan. 31, 1995)
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Emily Thompson battles
back from injury, page 7
Arts & Entertainment
Lincoln band rocks Pla-Mor
Ballroom, page 9
_January 31, 1995_
By Brian Sharp
An attorney for indicted Lincoln Police
chief Tom Casady argued in court Monday
that unauthorized persons in the courtroom
during the grand jury investigation were
grounds for dismissal of the case.
Fred Kauffman also told Lancaster County
District Court Judge Donald Endacott that an
oath of secrecy taken by the jurors and wit
nesses violated Casady's constitutional rights,
making it impossible to prepare an adequate
Casady was indicted Dec. 1 on one count of
official misconduct. The charge resulted from
his action during an investigation into the
Francisco Renteria death. Renteria died Oct. 1
following a struggle with police.
Sgt. Ronald Osborn of the Nebraska State
Patrol criminal division supervised the inves
tigation and interviewed witnesses prior to die *
Osbom told the court he was present in the
grand jury room for testimony of more than
one witness. Osbom said he was there at the
request of Special Prosecutor Robert Bartle.
Osbom said he was the first witness Nov.
14, the first day4he grand jury convened. He
said he was there for part of the rest of the day
and again the next day.
His time was spent going over witness
reports as they testified, Osborne said. At one
time, Osborne said he also passed a note to
Osbom said he appeared three other days to
testify, but did not stay. He said Bartle told
him not to return after Tuesday.
Over the course of the grand jury, which
lasted more than three weeks, Osbom said he
entered the courtroom several times when
members were in recess to speak with Bartle.
It was possible, he said, that he was also seen
by some witnesses or jurors at those times.
Kauffman argued that only the prosecuting
attorney, court reporter, jurors, witnesses and
their attorneys and possibly an interpreter
should have been in the courtroom.
During Bartle’s questioning, however,
Kauffman recalled another lawyer being in die
grand jury room representing “a number of
When it comes to knowing what Casady is
charged with, Kauffman said, the defense can
only guess. It cannot be certain, he said, with
out knowing what was discussed in deciding to
indict Casady for “official misconduct.”
Among the ideas Kauffman spoke of were
an editorial Casady wrote in a Lincoln newspa
per and a memo sent to Mayor Mike Johanns.
The grand jury oath holds those individuals
will not discuss the proceedings outside the
courtroom. The result, he said, is that Casady’s
5th and 6th, Amendment rights to prepare an
adequate defense were restricted.
“At this stage it’s a serious issue,” he said.
See HEARINGS on 3
Lobbying the leaders
Justin Peterson, student regent from the University of Nebraska at Omaha (left), and Sen. Roger Wehrbein of
, Plattsmoutlv chairman oftheAppropriationsCororoittee>discu66.budgoi4ssueewitfrother«u»dontrQprosentatiye*-~
at ASUN’s Senators on Campus Luncheon Monday at the Wick Alumni Center.
College funding subject of ASUN luncheon
By Patty Wewel
Fourteen state senators and two legisla
tive aides heard student leaders’ request
Monday that higher education not receive
The senators and aides were at the Wick
Alumni Center, 16th and R streets, for the
Association of Students of the University of
Nebraska’s annual State Senators on Cam
pus Luncheon. Approximately 80 people
attended the luncheon.
The leaders from several Nebraska cam
puses presented the senators with a joint
resolution, which would be formally an
nounced later in the afternoon. The resolu
tion opposed cuts in higher education fund
ing in Nebraska.
Sen. Roger Wehrbein of Plattsmouth,
chairman of the Appropriations Commit
tee, said the resolution would definitely be
Gov. Ben Nelson had proposed an in
crease in state funding for higher education,
Wehrbein said, but other state issues, such
as Medicaid and health care, would also
have to be considered.
Wehrbein said he hoped the Legislature
could grant the proposed increase, but sena
tors would not have a clear picture until
Justin Peterson, student regent for the
University of Nebraska at Omaha, said rep
resentatives from several Nebraska colleges
formulated the resolution at a conference
held last November in Kearney.
Peterson said the resolution was put to
gether because student leaders wanted to
assure Nebraska college students’ stance on
budget cuts would be heard.
The resolution was adopted by the Uni
versity of Nebraska-Lincoln, University of
Nebraska at Omaha, University of Nebraska
at Kearney, Wayne State College, Peru State
College, Southeast Community College,
Mid-Plains Community College and
Chadron State College.
Resolution calls for more college funding
By Melanie Branded
State student government leaders urged
the Legislature not to cut funding for
Nebraska’s post-secondary institutions dur
ing a joint press conference Monday at the
State Capitol Rotunda.
The announcement stemmed from a reso
lution proposed by various student govern
ment leaders in November at the Statewide
Student Government Conference in Kearney.
Each student government approved the reso
lution to present it to state senators this
Andrew Loudon, President of the Asso
ciation of Students of the University of
Nebraska, said the cost of education had
increased greatly over the last five to 10
years for college students across the state.
“We’re here to ask the Legislature to do
something about it,” he said.
“We represent a broad spectrum of tradi
tional and non-traditional, four-year and
two-year students,” he said.
“We have one thing in common—we think
we’re paying too much to receive education
in the state of Nebraska.”
Loudon said Gov. Ben Nelson had proven
his commitment to education by suggesting
a 3 percent increase in funding for the
See RESOLUTION on 3
McGoveran won’t just CUT COST if elected president
Editor’s note: This is the fourth in a series of
reports taking a look at parties campaigning
for the ASUN presidency.
By Matthew Waite
The CUT COST party moniker is a bit of a
If its presidential candidate, Mark
McGoveran, has his way, costs won’t be the
only thing that gets the axe. His target: bad
McGoveran, a bearded, 36-year-old non
traditional student, said he intended to do his
homework for die job of president.
“I intend on reading every single stitch of
policy that I can get my hands on,” he said.
“I’m not intimidated by these administrators
with big titles and Ph.D.s.”
McGoveran, an engineering major, said it
was early in the campaign and he was working
on a platform, but it was too long to try and
convince students to read.
One of the things people can expect from
him and Mitch Becker, McGoveran said, was
an attempt to “stop financial abuse of stu
McGoveran dislikes one housing policy
where students asked to leave school must pay
a $250 cancellation fee, even though they
would not be leaving on their own accords.
McGoveran also disagrees with a policy
regarding senior checks in which students can
find out only at senior check time whether
some credit hours will count toward their de
grees. McGoveran said the time to tell students
that credit hours wouldn’t count was before
they took the class.
Even before the ASUN election, McGoveran
said he would work to change the selection of
homecoming king and queen.
To get rid of bad policies in general,
McGoveran proposes to expose them through
the media and try to get students to write to the
“The press does more toward retooling policy
around here than anything else,” he said.
Also, McGoveran said, a “policy library”
containing rules from around the university
needed to be established. He said a policy
library would change the university rules from
a “witch hunt to a judicial system.”
“You can’t find out the rules,” he said. “The
only time you can find out a policy is when you
McGoveran said he wanted policies as open
as state law books, which anyone could read.
A policy libra|7 would prevent policy from
changing to fit situations, he said.
McGoveran said a recent incident where a
handicapped student did not make it to class
one day because of bad weather was an example
of policy changing to fit the situation.
The student was removed from the class
because it allowed one absence, McGoveran
See CUT COST on 6
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