| 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
