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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Aug. 27, 1996)
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Westgate Shopping Center, just off West '0* Street ^^^^jCall^oda^fot^^£gointmentl^477^766^M j ATTENTION TANNERS Tan Through 1996 N For Only $96.00 °i^Ccep^ i STUDENTS ^tercZIg', I -- Use your ID's to receive I ^oaro'^stJe^rSl off Tanning Packages • * $2 off Lotions j;.. ■ SiiEfcjg Evidence disputed for Williams’ trial By Chad Lorenz Senior Reporter An attorney for former Nebraska defensive back Tyrone Williams said forensics from a bullet-riddled car ■■■■■■■■■ should not be al lowed in the trial of his client, who is charged with shooting at the car. Sean Brennan argued in District Court that the county attorney’s office violated Williams’ Williams right t0 a fair tnal by releasing the 1988 Oldsmobile Cut lass Calais to its owner 12 days after it was seized. Brennan also filed a mo tion to dismiss the case on those grounds. Williams was charged with the drive-by shooting of two people inside the car on Jan. 30,1994. The car was returned to the owner on Feb. 10. Only a judge’s order can release evidence, Brennan said, citing Ne braska state statute 29-818. The county attorney’s office didn’t attempt to get a court order to release the car. Joe Kelly, deputy Lancaster County attorney, said the county attorney’s of fice properly released the car accord ing to the statute. “I think you’re misinterpreting that statute,” Kelly told Brennan. A judge’s order would be required to release evidence only if it were still needed for the trial, Kelly said. Williams’ attorney at that time, Hal Anderson, had agreed that the car would no longer be needed for trial because the bullet holes had been ex amined, measured, photographed and tested, Kelly said. “He had no objection whatsoever to the release of that car,” Kelly said. Brennan pointed out that the county attorney’s office had handled releasing evidence different ways; sometimes with a court order, other times through written consent of the defendant. Williams testified that he had not been asked if he wanted the car re leased, nor had he been told he could have it re-examined by experts of his choice. Kelly said Williams’ testimony was irrelevant because William’s attorney represented his interests and gave the required consent. The defense has not proven that they need the car for further examina tion, Kelly said, so there is no need to throw out evidence. Kelly also argued that there was no reason to dismiss all of the evidence from the car. Measurements, photo graphs and video are just as valid if the car is available or not, he said. Brennan said the analysis of the car was important because of a dispute over the caliber size of the weapon. In an article published in the Lin coln Journal on Feb. 2,1994, County Attorney Gary Lacey was quoted as saying the bullet holes appear to be larger than .22 caliber, Brennan said. The state is now asserting the weapon Williams allegedly used was a .22-caliber handgun. Lancaster District Judge Bernard McGinn will decide whether or not to dismiss the evidence or the entire case. Holiday halts changes in posted speed limits - // By Barry Bedlan Associated Press OMAHA — Motorists hoping to break in the new 60 mph speed limit on two-lane highways this weekend may have to wait a few days, state of ficials said Monday. A new speed limit, which would increase the limit Sunday on most two lane highways from 55 mph to 60 mph, appears to be in limbo until at least Sept. 3. The problem is the state Depart ment of Roads can’t change the speed limit signs until after the Labor Day holiday. Changing signs during the holiday weekend would cost about $120,000 in overtime for the department’s more than 1,400 main tenance workers. Without the signs, the Nebraska State Patrol was checking Monday whether it has to enforce the posted limit or die new law. “The law says we enforce the posted speed limit but we’re also see ing how the new law is written,” said Jeff Hanson of the State Patrol. “I’m not sure if any of us or die Legislature really thought of where Sept. 1 fell on the calendar,” Monty Frederickson, state deputy director for engineering, said. The State Patrol is discussing the matter with county attorneys and will decide this week whether it will enforce the old or new limit, Hanson said. “We still recommend that people drive at the posted limit because you may be speeding without knowing it,” he said. About 1,600miles of two-lane high ways will remain at 55 mph because of hazardous conditions determined by the state Department of Roads. The state senator who proposed the speed limit increase says the State Pa trol should enforce the new law and not the old signs. “If I happen to get a ticket this weekend, I would have a case because ww If I happen to get a ticket this weekend, I would have a case because ! rely on what the law says, and it says the speed limit goes up Sept 1” Sen. Ernie Chambers Omaha I rely on what the law says, and it says the speed limit goes up on Sept. 1,” Sen. Ernie Chambers of Omaha said. Chambers said die Department of Roads would be usurping the Legislature’s authority if enactment of the new speed limit is delayed. “I don’t drink they have the right to make that kind of change under the law,” Chambers said. “Otherwise it is the Department of Roads amending an act of legislation, which it does not have die authority to do ” The Department of Roads doesn’t claim to have authority over the Leg islature’ Fredericks^ said, it just wants drivers to abide by the posted limit as a matter of safety for the busy holiday weekend. Frederickson said it will take about two days to change al| the signs along 7,600miles of state highway. He hopes to have all 2,300 of the new signs posted by Sept. 4. “We just don’t have enough em ployees to switch all those signs in a few hours or even a day,” he said. “We can’t get them all changed at once. Wd need to have some reasonable transi tion period.”