Police arrest former NU volunteer coach
■ 1 he coach was arrested on a
Texas warrant for indecency with
a child.
By Michelle Starr
Staff writer
“The good life” of Nebraska may have attract
ed more than the average citizen.
Two unrelated felony fugitives were arrested
Thursday with warrants from two different states.
A former University of Nebraska volunteer
cross-country coach was arrested by Lincoln
Police on a warrant issued from Dallas County,
Texas.
Michael Marsh, 35, was arrested Thursday for
charges of indecency with a child, which is a sec
ond-degree felony in Texas.
Police apprehended the suspect at 7 p.m. at
Sports Courts, 222 N. 44th St., where he was a per
sonal fitness trainer; Marsh was also a volunteer
coach at NU for a portion of the 1999 cross-coun
try season.
In the fall of 1999, a female from Mesquite
High School in Mesquite, Texas, reported that on
Jan. 21, Marsh began massaging her shoulders in
the halls between classes. She said he then moved
his hands onto her breasts and continued rubbing,
the police report stated.
In the report, she said Marsh approached her
after class and told her that she owed him a “mas
sage.”
Sgt. Joel Martin said the offense, engaging in
sexual contact with a child under the age of 17
with the intent to arouse and gratify in a sexual
manner, is punishable by two to 20 years in jail
and/or a $10,000 fine, according to Texas law.
Martin is a spokesman for the Mesquite, Texas
Police Department. An arrest warrant was issued
for Marsh on Dec. 17,1999, Martin said.
This was not the first incident reported against
Marsh concerning students.
In spring 1999, a female student brought sex
ual assault charges against the coach. The case got
as far as the trial but was dropped over the sum
mer, Martin said.
Marsh was put on paid leave once charges
were filed against him in the first incident, but he
resigned from his coaching position at the high
school during the investigation in the summer.
His last day of work was the last day of school
on May 28, said Ian Halperin, Mesquite
Independent School District spokesman.
Marsh had worked at the school for nearly five
years, Halperin said.
Martin said he wished the trial had been com
pleted so information from that case could be used
for the current charges.
Halperin said he was not aware of anyone
from UNL calling the Mesquite Independent
School District inquiring about Marsh’s experi
ence as a coach.
University of Nebraska cross-country coaches
were unavailable for comment.
A second man, Jason Phillips, 22, was arrest
ed by the FBI on unlawful-flight and first-degree
murder warrants issued by Arkansas, said Larry
Holmquist, FBI spokesman in Omaha.
A 2 p.m. dispute on Oct. 12, 1999, occurred
between Phillips and Michael Charles Austin in
West Memphis, Ark., where Phillips allegedly
pulled out a small-caliber pistol and fired several
rounds.
Phillips could face life in prison if convicted in
the death, plus 20 years for use of a firearm.
About 45 minutes after the shooting, Austin
was pronounced dead from two gunshot wounds
to the abdomen, police said.
Officers believed Phillips was in Michigan,
but a Jan. 10 tip informed them he was in Lincoln,
Holmquist said.
After receiving the tip, Phillips was taken into
custody Thursday at 3:05 p.m. at 22nd and P
streets, Lincoln Police Ofc. Katherine Finnell
said.
Phillips’ arrest was a joint effort between local
FBI and the Lincoln Police Department,
Holmquist said.
Holmquist said although there were two
arrests of out-of-state fugitives in one day, it does
not indicate criminals are flocking to Lincoln.
“I think it’s strictly a coincidence,” Holmquist
said. “We just happened to get lucky and catch two
of them (Thursday).”
-LEGISLATURE
Publications proposal defeated
ByJiUZeman
Staff writer
High school students who spend
hours learning about freedom of speech
still have a different version of it.
The Legislature on Friday defeated
a bill that may have changed that.
LB 182 was introduced Jan. 8,1999,
by Sen. Chris Beutler of Lincoln. It was
defeated Friday with a vote of 23-17.
The bill would have allowed school
boards to set their own policies regard
ing student publications, such as year
books and newspapers.
Beutler said the bill would have pro
vided students with clear guidelines for
what they can or cannot say in school
publications.
Any school that chose not to devel
op guidelines would be required to fol
low the Student Freedom of Expression
Act, a policy stated in the bill.
Currently, there is no state policy
covering student freedom of expression,
said John Bender, University of
Nebraska-Lincoln news-editorial asso
ciate professor.
School administrators have the right
to censor student publications as long as
they have a legitimate reason, Bender
said.
Sen. Curt Bromm of Wahoo said he
was afraid the bill would allow boards to
be too restrictive when setting policies.
But Beutler said Iowa, Colorado
and Kansas all have similar policies and
haven’t experienced problems with
over-restrictive school boards.
“Freedom itself is a good teacher.
We owe students a vote of confidence in
their ability to learn and grow,” Beutler
said.
Beutler quoted a student who testi
fied in an earlier hearing about the bill:
“The rights we learn about in history
class are denied in journalism class.”
Greg Keller, publications adviser at
Lincoln High School, said he was disap
pointed the bill did not pass.
“Student freedom of expression is
very important, and student publica
tions are one of the few places where
their voices can be heard,” Keller said.
Some senators said the Legislature
shouldn’t get involved in the issue.
“To advance this bill really muddles
in affairs best left alone,” said Sea Gene
Tyson of Norfolk.
Keller said it was hard to determine
whether the government should get
involved with student publications.
Before defeating the bill, the
Legislature approved two amendments.
One amendment deleted a section
of the bill that would have protected
teachers and advisers from losing their
jobs because of what was said in student
publications.
The second amendment would have
allowed individual high schools within
a school district to adopt their own pub
lications codes.
Beutler said he plans on introducing
a revised version of the bill in the next
legislative session that would include
the two approved amendments.
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Bill to help parents of
Indian foster children
ByJillZeman
Staff writer
Many American-Indian children
are placed into foster families each
year, causing some lawmakers to
wonder how the children can main
tain a sense of cultural identity.
Sen. Pat Engel of South Sioux
City introduced a bill that would help
foster parents identify with their
American-Indian foster children.
In 1995, the Legislature passed
LB451, which allowed the
Department of Health and Human
Services to establish standards for
foster care for American Indians who
don’t live on a reservation, Engel
said.
LB 1005 was introduced Jan. 5
and was referred to the Health and
Human Services Committee, which
discussed it Friday.
The new bill would require foster
parents to complete specialized train
ing annually to help maintain the
identity and stability of American
Indian foster children, he said.
If possible, die training would be
specific to the child’s tribal affilia
tion, Engel said.
Several members of Nebraska’s
American-Indian community spoke
in support of LB1005.
Clyde Tyndall, a member of the
Nebraska Commission of Indian
Affairs and a former American
Indian child welfare worker, said he
was grateful the state and Legislature
were willing to discuss die issue.
“This bill is an example of posi
tive partnership between tribes and
the state,” he said.
Tyndall said the training would
benefit both the children and foster
parents.
“The children would be exposed
to their tribal culture, and non-Indian
parents would become better role
models,” he said.
Herb Grandbois, who has worked
in American-Indian child welfare for
more than 25 years, said many
American-Indian children who are *
placed in foster care remain there for
a long time, so they can lose a sense of
identity.
Grandbois said the majority of
American-Indian children removed
from their biological families are
placed in non-Indian homes.
Training provided under the bill
would help parents understand the
culture and background of their foster
children, he said.
Judy Morgan, executive director
of the Nebraska Commission of
Indian Affairs, said the special train
ing programs would be incorporated
into the regular training programs that
potential foster parents complete.
Grandbois emphasized that foster
children aren’t being treated badly in
their foster homes.
Morgan said there would be no
additional cost for the new program
because it would become a part of the
training that already exists.
Representatives from Nebraska’s
tribes would join together on an advi
sory council to determine who would
provide the training, Morgan said.
The legislative committee did not
vote on the bill and will determine
later whether to advance it to the gen
eral file for all senators to debate.
_ -____