UNK policies won’t change
despite federal case ruling
KEARNEY (AP) —The University of Ne
braska at Kearney will review the exceptions it
makes to a policy requiring freshmen to live in
campus residence halls.
UNK officials commented on Monday in the
wake of Friday’s federal court ruling that fa
vored Douglas Rader, a UNK freshman from
Trumbull who challenged the policy.
Barbara Snyder, UNK vice chancellor for
student affairs, said she was encouraged that
U.S. Magistrate David Piester’s ruling “refers
to Douglas Rader only and does not refer to the
policy.”
Picster’s ruling said the UNK policy requir
ing freshmen to live on campus was unconstitu
tional insofar as it applied to Rader^ who said
dormitory life would expose him to influences
contrary tohis Christian lifestyle. Rader wanted
to live in an off-campus house for Christians.
UNK’s policy forbids full-time freshmen
from living off campus unless they are living
with parentsor legal guardians and arc commut
ing from within the Kearney community, arc at
least 19 years old or are married.
In his decision, Piester noted that UNK also
had granted exceptions to students for various
reasons.
Piester noted when the exemptions were
taken into account, only about 1,600 of the
2,500 freshmen attending UNK were required
to comply with the policy.
Snyder said as a result of Piester’s ruling,
UNK will look at the exceptions it grants. She
said given the tenor of the judge’s ruling, it was
“safe to say” the policies wouldn’t become less
strict. \
“The judge referenced all those exceptions
as being fairly liberal, and questioned why we
weren’t, therefore, more liberal in terms of Mr.
Rader’s request, given that we’re already mak
ing routine exceptions,” Snyder said.
Judges will decide whether
murderer gets death penalty
OMAHA (AP) — A three-judge panel
will decide whether an Omaha man con
victed of first-degree murder in a drive-by
shooting will be sentenced to death or life in
prison.
Charles Duncan, 22, was convicted in
January of shooting Robert Flowers in a
gang-related incident June 7,1995. Flowers
died two days later.
A decision from District Court Judges
Michael Amdor of Omaha, Ronald Reagan
of Papillion and John Whitehead of Colum
bus is expected April 23.
In first-degree murder cases, sentencing
judges must consider factors that would jus
tify the death penalty and factors that would
mitigate it.
Prosecutor Don Kleine told the judges
Tuesday that one aggravating factor existed.
In committing the crime, Duncan risked kill
ing several people. There were four people
in the ear.
Defense attorney Andrei Howzc asked
the judges to consider the mitigating factor
that Duncan was intoxicated. He said Duncan,
who also had smoked marijuana, was unable
to control his impulses.
Howzc also asked the judges to consider
Duncan’s environment and state of mind at
the time of the shooting; Duncan grew up in
a culture of violence and had to deal with
gang warfare.
“The defendant basically was doing what
he felt he had to do in order to' save his own
life,” Howzc said.
Duncan testified he fired at the car to
scare Flowers.
Duncan’s mother, Michelle Fowler, said
her son had been threatened, and he feared
for his life. His brother, Edward Duncan,
said his brother expressed remorse after the
shooting.
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