Court finds no
V v
■ Despite a‘lack of
judicial professionalism,’
judge’s ruling for death
sentence upheld.
--*
By Jake Bleed
Senior staff writer
The Nebraska Supreme Court
affirmed the death sentence against
cult leader Michael Ryan on Friday.
The court ruled the convicted
r- '■ _
murderer’s constitutional rights were
not infringed in a pre-sentencing
meeting between his sentencing
judge, Robert Finn, and the families
of his victims.
“Judge Finn’s actions do not show
actual bias but, rather, a lack of judi
cial professionalism,” Chief Justice
John Hendry wrote in the opinion.
In separate trials in 1986, Ryan
was found guilty of murder in the
deaths of James Thimm and Luke
Stice, two members of Ryan’s cult,
which was located on a farm outside
Rulo.
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Ryan and members of his cult tor
tured Thimm for three days before
Ryan killed Thimm by stomping on
his chest.
Stice, the 5-year-old son of anoth
er cult member, was shaken to death
by Fly an.
Finn presided over both cases as a
Richardson County court judge and,
court documents said, met with mem
bers of the Stice and Thimm families
after sentencing Ryan to life in prison
for Stice’s death.
Finn did not remember he had met
with both families until 1997.
Ryan had been found guilty of
murder in the death of Thimm when
the meeting took place but, the court
decision said, had yet to be sentenced
for the death.
In 1986, one of Ryan’s attorneys,
Richard Goos, filed a motion asking
Finn to disqualify himself before sen
tencing Ryan for the murder of
Thimm because of Finn’s meeting
with the Stice family.
Finn overruled the motion, stating
his discussion with the Stice family
encompassed only Stice’s murder and
defendants other than Ryan involved
in the trial.
In October 1986, Finn sentenced
Ryan to death for the murder of
Thimm.
Friday’s opinion upheld a 1997
ruling of the Richardson County
District Court, which overruled
Ryan’s second motion for post-con
viction relief from the death penalty.
Finn was questioned in the 1997
heariftg and initially testified his
meeting with members of the Thimm
family did not take place.
A letter from Thimm’s cousin,
Daneda Heppner, confirming that the
meeting did take place, prompted
Finn to acknowledge the meeting.
Judge Gerald Moran ruled Ryan’s
lawyers should have known about the
meeting during the post-conviction
direct-appeal process.
Friday’s opinion concluded
Moran was wrong to assume Ryan’s
lawyers should have known about
the meeting, but that Ryan did not
suffer any actual prejudice as a
result.
Friday’s opinion was Ryan’s third
appearance before the Supreme
Court.
Walk participants:
AIDS fight not over
AIDS from page 1
AIDS.
Last year, $4,200 was raised.
Linderholm said she hopes this
year’s walk will see even greater
proceeds. As of Sunday night, the
proceeds had not been calculated.
Participants paid $40 to regis
ter for the event and collected
pledges from friends, family or co
workers before Sunday to raise
additional money.
In hopes of informing more
people about the dangers of HIV
and AIDS, members of the
Nebraska AIDS Project have
recently spoken to college stu
dents, including UNL fraternity
and sorority members.
‘ ‘Talking to (the students) was
real good and made them start
thinking about safer sex practices.
Some have even raised money for
the Nebraska AIDS Project,”
Linderholm said.
Chenoa Mason and Julie
Martin, UNL students and mem
bers of Alpha Xi Delta Sorority,
participated in the Nebraska AIDS
Walk as volunteer work for their
sorority.
I
“I chose to participate in this
because it is such a good cause,”
Mason said.
“If people don’t come to these
things, people won’t keep doing
these things.”
Greg Keller, a journalism and
yearbook teacher at Lincoln High
School, also participated in the
walk.
“I have a good friend who is
involved in the Nebraska AIDS
Project,” Keller said. “My news
paper staff and I decided to do this
as a team and to challenge other
Lincoln High groups to partici
pate.”
Keller said two other Lincoln
High groups chose to participate
in the walk as a result of the chal- -
=4enge.
Three more AIDS walks will
be held Oct. 3., in Kearney,
Norfolk and Scottsbluff.
Sunday’s walk in Lincoln was
held in conjunction with an AIDS
walk in Omaha.
Those interested in learning
more about services the Nebraska
AIDS Project has. to offer or wish
ing to volunteer can call (402)
484-8100.
It’s time we all reach
out 4 something new.
That means U 2.
Alternatives
to parking
examined
FORUM from page 1
librarian, quoted the Nebraska driver’s
manual as saying cyclists have the same
rights and responsibilities as drivers.
“I find no mention in the driver’s
manual or in state statute of sidewalks,”
Stein said. “The absolute lack of any
clear information leaves us vulnerable
when riding around town.”
Stein said city ordinances designat
ing where bikers can ride left a virtual
maze for riders. ""
He encouraged students to learn
what was expected of them when rid
ing.
“Know what your rights are,” Stein
said. “Then you can responsibly exer
cise those rights.”
Dan Lutz, president of ProRail
Nebraska, said commuter students may
have more transportation options if a
plan to provide commuter rail service
between Lincoln and Omaha goes
through.
He said students should voice their
concerns and suggestions at meetings
of the Nebraska Transit Rail Advocacy
Committee, a state board charged with
studying the proposed service.
“American transportation must
have options,” he said.
ASUN president Andy Schuerman
reminded students that in the past,
ASUN had successfully championed
students’ transportation issues.
Schuerman said ASUN’s lobbying
was influential in the decision to move
the first proposed parking garage’s
location from 14th Street and Avery
Avenue to 17th and R streets.
As a result, he said, no student park
ing will be lost during construction.
Schuerman said students should tell
ASUN representatives about any prob
lems or proposals related to biking or
bus services.
“ASUN has worked to ensure stu
dents voices are heard,” he said.
Students, faculty and
. _ _ staff are all invited to
AATV S come to this event
see Starting at 6 p.m. at
COn«S Ililr Cw”* - - Memorial Stadium
TOtfl in action. <*"**£S&
til
