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With a record-breaking swim at the conference Radio King, a local rockabilly band with a pen
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VOL. 97 COVERING THE UNIVERSITY OF NEBRASKA-LINCOLN SINCE 1901 N0.115
Accused murderer deemed unfit for trial
Suspect in the killing of a UNL student may still he found competent
By Josh Funk
Senior Reporter
The man accused of brutally mur
dering a UNL student in 1995 was
found incompetent to stand trial for the
crime Monday.
Lincoln Regional Center staff deter
mined that Gregory Gabel was unfit to
stand trial for the July 25, 1995, stab
bing death of 18-year-old Martina
McMenamin, but the court will have the
final say in determining Gabel's compe
tency.
Lancaster County Attorney Gary
Lacey did not return calls to the Daily
Nebraskan on Tuesday, but he has said
he would contest the Regional Center’s
evaluation.
A team of Regional Center psychi
atric staff evaluat
ed Gabel on 20
separate criteria to
determine compe
tency, said Jim
Mays, director of
forensic mental
health.
Evaluators use
a series of several
different tests to
determine if
someone can
stand trial. Mays said.
The 20 areas of a competency eval
uation are used to make sure defendants
understand the charges and procedures
they face and that they can assist in their
own defense, he said.
Gabel had been diagnosed as schiz
ophrenic by the Regional Center before
the arrest when he lived in a Lincoln
housing program for mentally disabled
residents.
The court now will take the
Regional Center’s recommendations
into consideration at an upcoming com
petency hearing where either side can
contest the findings, said David
Babcock, Health and Human Services
chief legal counsel.
If Gabel’s competency is chal
lenged, he will be reevaluated by anoth
I
er court-appointed psychiatrist.
“Lacey’s challenge is understand
able with the importance of this case,”
Babcock said.
But the Regional Center is confi
dent its findings will be upheld.
In 18 competency evaluations last
year, the Regional Center’s recommen
dations were never overruled, Mays
said.
“We welcome second opinions,”
Mays said, “because clinical profession
als must evaluate patients on the same
criteria we use.”
If the court also finds that Gabel is
unfit to stand trial, he will be committed
to the Regional Center where he will be
treated, Babcock said.
But therapists do not start from
scratch, Mays said.
“We work on specific areas a patient
is deficient in to restore competency,”
Mays said.
Gabel could stand trial at a later date
if his psychiatric state changes, but there
is no set timetable for his reevaluation,
Mays said.
However, if a patient does not
respond within a certain time frame, the
Regional Center would make additional
recommendations to the court on the
likelihood 6f the defendant regaining
competency.
The Associated Press contributed
to this report
Burger war under way
By Ieva Augstums
Assignment Reporter
The King could still reign.
Somebody might say
McDonald's. But not if Grandma
has her say.
Student preference will help
decide if Burger King, Runza or
McDonald's will occupy the
Nebraska Union's largest fast
food spot, Nebraska Unions
Director Daryl Swanson said.
Swanson told the University
of Nebraska-Lincoln Union
Board members Tuesday a survey
should be conducted to serve the
university's and restaurants’ best
interests.
“The most important criteria
in deciding something like this is
student preference,” Swanson
said.
Swanson said a random sam
ple of about 300 students will be
surveyed over the telephone by
UNL's Bureau of Sociological
Research.
“We have used student survey s
before for food selection in the
union,” Swanson said. “Scientific
surveys always seem to be the best
way to determine what a large pop
ulation wants and likes.”
The survey will include ques
tions regarding brand recognition,
cleanliness and sanitation prac
tices of the restaurant, restaurant
performance and sales, food qual
ity and service and taste.
Union Board will give the
results strong consideration in the
final selection, but it still will con
sider the total amount of the bids,
regardless of the survey s results.
“What it comes down to is
comparing their projected sales,”
Swanson said. “This will be hard.”
Swanson said the total
amount of rent each restaurant
pays is determined by its annual
gross sales.
If gross sales were based on
S900.000, Runza would be the
highest bidder, followed by
Burger King then McDonald's, he
said.
Union Board President Saad
Alavi said the board needs to look
at how much money each restau
rant will make.
However, the comparison
between Runza’s “home town”
sales to two national chains' sales
is not equal.
Jeff Barwig, public relations
chairman, agreed and pointed out
that Runza does not serve break
fast, while Burger King and
McDonald’s do.
Swanson said Runza
acknowledged in its bid that it
does not include a breakfast
menu, but it will look into provid
ing one, he said.
After the survey is completed,
the results will be reviewed by
Union Board. The ultimate deci
sion, however, rests with the NU
Board of Regents.
Traffic projects discussed
ByIevaAugstums
Assignment Reporter
The UNL Academic Senate
agreed Tuesday that shared gov
ernance is needed to open up the
doors of communication between
faculty and administration.
President James Ford said the
Academic Senate Executive
Board brought the idea of shared
governance to University of
Nebraska-Lincoln administra
tion, which was “generally recep
tive and supportive of the issue.”
However, senate members
flooded Chancellor James
Moeser with questions, wanting
to know why there was no shared
governance in the Antelope
Valley development project.
Don Jensen, a professor of
psychology, asked who decided
to carry out the project that will
help aid Lincoln s growing prob
lems with floodwater manage
ment and UNL traffic control and
safety.
“I am just concerned about
who were the deciding bodies
with this project,” Jensen said.
Moeser said panels with fac
ulty representation examined the
flow of traffic through campus
and identified areas of concern.
“Sixteenth and 17th streets
are a major safety concern for the
university,” Moeser said.
The Antelope Valley plan was
ideal, he said, because it would
block off those two streets and
carry local two-way traffic
instead.
Jensen said he did not see the
point in making 16th and 17th
streets two-way when the current
one-way traffic is safer.
Susan Hallbeck, an industrial
and management systems engi
neering professor, agreed.
“I work in Nebraska Hall and
cross 16th and 17th streets daily,”
Hallbeck said. “I feel comfort
able crossing these streets - more
than some two-way streets in
Lincoln.”
Hallbeck said she hasn’t seen
or heard about any traffic injuries
on 16th and 17th streets because
of the one-way traffic.
Please see SENATE on 2
It’s crunch time
Scott McClurg/DN
SEN. CURT BROMM of Wahoo, left, discusses an amendment to a public school
finance bill on the floor of the Legislature Tuesday as Sen. Ardyce Bohlke of
Hastings prepares to do the same. Senators are running out of time to move bills
with only four weeks left in the 1998 session.
Read the Daily Nebraskan on the World Wide Web at http:/ /www.unl.edu/DailyNeb
