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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Oct. 21, 1998)
| SPORTS Nepotism Winning stays in the Nebraska volleyball family with two victories last weekend over Texas and Texas A&M. PAGE 10 ME I Alas, Jerusalem | Jerusalem Cuisine. Lincoln's own Mediterranean I oasis, is pleasing customers with its healthy. 5 affordable and tasty menu. PAGE 12 WEDN :s (AY October 21, 1998 Welcome Back, Cloudy Partly cloudy, high 60. Clearing tonight, low 32. COVERING THE UNIVERSITY OF NEBRASKA-LINCOLN SINCE 1901 NO. 41 UNL violated no state law, report finds By Lindsay Young Senior staff writer Lancaster County Attorney Gary Lacey found no reason to file charges against the university after reviewing a report pro duced by investigators looking into alleged criminal miscon duct in UNL's anthropology' department. Lacev announced Monday that the state patrol's investiga tion found no evidence of any v iolation of state criminal code, including the state Unmarked Human Burial Sites and Skeleton Remains Protection Act of 1989. That act makes the failure to report the discovery of human burial sites within 48 hours of their discov ery a crane. The investigation, which began last summer, sprung from dozens of allegations made by American Indians and anthro pology faculty members regarding the University of Nebraska-Lincoln's handling of American Indian remains. They alleged the remains were studied and stored in ways that violated both state and federal law s. Lacey saiu he receiv ed the patrol's completed report about a week ago. Those results were sent Monday to U.S. Attorney Tom Managhan to determine whether the patrols investigation may present any evidence that UNL violated the federal Native .American Graves Protection and Repatriation Act of 1990. The act prohibits the study of American Indian remains without tribal permission. Pemina Yellow Bird, a NAGPRA representative for the Three Affiliated Tribes in Kansas, said area tribes were prepar ing separate resolutions asking for a federal investigation. The tribes have considered an inquiry since mid September because of doubts of a state investigation's validity. A university-hired attorney, Robert Grimit, with the Lincoln law firm Baylor Evnen Curtiss Gnmit and Witt, also is investigating UNL's handling of remains. His report's release was delayed until the state patrol finished its investigation. Chancellor James Moeser said Gnmit will be reporting to UNL whether state law's were violated, as well as whether UNL police was violated. The release date has not been announced. Moeser had not had a chance to look at the state's report as ofTuesday evening but said he was optimistic. "I'm pleased to learn that there's no violation of state law'," Moeser said. Vice Chancellor for Research and NAGPRA Coordinator Priscilla Grew said she would not comment on the results of the state investigation because she had not seen the report The report infuriated Yellow Bird and other American Indian tribal representatives. Tribal representatives said state investigators were not obiective in their inquiries into allegations. Dozens of allegations, some of which the state patrol looked at. included illegal handling of remains and death threats to those at the university involved in the case. The inv estigation produced no substantial ev idence to sup port those allegations. Lacey said. Randy Thomas, a Southern Ponca Tribe of Oklahoma rep resentative. said many of the allegations had been documented in the past, but the state investigators did not look at them. Some of those allegations would be investigated by univer sity police because they were not criminal allegations, said Sgt. Mark Funkhouser. a state patrol investigator. Yellow Bird said key witnesses were not interv iewed in the initial investigation. Some were interviewed after Lacey had requested the patrol clarify its first report last month, she said. The case's chief investigator. Bob Frank, did not return calls to the Daily Nebraskan on Tuesday. Tribal representatives also said that the investigation yield ed a possible conflict of interest. Yellow Bird and Thomas both said some of the UNL personnel who were being investigated have done forensic work for the state, which could have caused the conflict. “I'm extremely disappointed." Yellow Bird said. "1 still maintain laws were broken. The investigation was not very thorough." i Chalk ’em up Matt Miller/DN NU VOLLEYBALL COACH TERRY PETTIT accepts a game ball from Athletic Director Bill Byrne on Sunday after the Huskers defeat ed Texas A&M in four games. The win marked Pettit’s 700th collegiate victory. I 0 r. h Debate takes contentious turn By Brian Carlson Staff writer KEARNEY - The final gubernatorial debate of 1998 grew testy Tuesday as Democrat Bill Hoppner attacked Republican Mike Johanns' honesty and courage, and Johanns fired back that Hoppner's ideas were failed relics of the past. The loosely structured format of the debate, held at the Univ ersity of Nebraska at Kearney two weeks before Election Day. pro duced free-wheeling exchanges denounced by Johanns as negative campaigning but charac terized by Hoppner as legitimate probing of Johanns' record and public statements. During the debate, in which questions could be asked at any time by the moderators and the time for answering was unlimited. Hoppner continued to attack Johanns for his early support of a ballot initiative to limit the growth of state revenue. Johanns rev ersed that position over the summer. Hoppner claimed Johanns is a closet sup porter of Initiative 413. citing campaign contri butions to Johanns by initiative supporters. He also mentioned a statement by University of Nebraska Regent Drew Miller on a KFAB radio program Tuesday in which Miller said Johanns actually supports 413 but has publicly opposed it to improve his election prospects. "For Johanns, this is just an issue to be overcome, not an issue for leadership.” Hoppner said after the debate. Johanns said he has clearly stated his oppo sition to 413 and intends to vote against the ini tiative. He chided Hoppner for what he said was an unfair attack on his integrity. "1 will never attack the integrity of my opponent.” he said. Johanns and Hoppner also disagreed about spending pnonties in Nebraska's future. While Hoppner said he would seek to improve gov - ernment efficiency by flattening administra tive costs. Johanns said he would target the state's welfare rolls for cuts. “Somehow there is a disconnect.” Johanns said "According to projections, welfare will please see DEBATE on 6 \ Students question advertising tactics By Todd Anderson Senior staff writer After dueling through letters and press conferences, state Democratic and Republican party leaders agreed this year's campaign has been relatively positive. But students at UNL remain skeptical about the candidates' messages when listening to telev ision and radio advertisements. Following three debates between Democratic gubernatorial candidate Bill Hoppnerand Republican candidate Mike Johanns, a discussion has developed about the definition of negative campaign advertising and mudslinging. Johanns has accused his Democratic oppo nent of engaging in negative attacks on his record and vowed himself not to conduct a smear campaign. But Democratic chairwoman Anne Boyle said an opponent's record and campaign state ments are fair game for criticism if they are inaccurate or distorted. Boyle and Republican party Chairman Chuck Sigerson have called on each other to lead clean campaigns, especially during the final two weeks of the election, when tension is heightened. Sigerson called on the Democratic partv leaders to “take the high road” during the last two weeks of the 1998 election year and criti cized Boyle for not taking positive campaign ing seriously. He said purposely distributing incorrect information about the other party's candidate would constitute negativ e campaigning. Both Boyle and Sigerson said this year's campaign has been one of the cleanest in recent history . Boyle said she expects her party's candi dates to follow a strict code of conduct because voters expect the people they elect to behave responsibly. Please see CAMPAIGN on 6 Read the Daily Nebraskan on the World Wide Web at http:l / nu u .unl.edu / DailyNeb
