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September 29, 1987 - Image 1

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Publication:
The Michigan Daily, 1987-09-29

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Ninety-eight years of editorialfreedom
Volume XCVII - No. 14 Ann Arbor, Michigan -Tuesday, September 29, 1987 Copyright 1987, The Michigan Daily

Rape

trial

ends

in

acquittal for

Neal

Will seek damages in suit

Daily Photo by DAVID LUBLINER
State Senator Lana Pollack addressed the College Democrats last night in the Pond Room at the Michigan
Union. Among other topics, Pollack spoke of her plans to run for Congress in 1988 as the Democratic candidate.
Pollack declares bid

By STEVE BLONDER
After deliberating for less than
two hours yesterday, a jury of eight
men and four women unanimously
found University fraternity member
Griffith Neal innocent of'raping a
sorority woman last March.
After jury foreman Donald Peltz
announced the verdict, a cheer went
up from some spectators, while Neal
and his attorney, Steven Boak, em-
braced each other.
Members of the jury, as well as
prosecuting attorney Robert Cooper,
declined comment on any of the pro-
ceedings.
Jurors were instructed that a
"guilty" verdict meant finding beyond
a reasonable doubt, that forcible,
nonconsensual sexual intercourse had
occurred and resulted in physical
injury, according to the jury in-
structions read by Washtenaw Coun-
ty Circuit Court Judge Edward
Deake.
IN LIGHT OF these criteria,
defense attorney Boak said the jury's
decision as the correct one.
"It was clear to me that there was
a reasonable doubt both in terms of
the use of force or coercion," he said.
Neal filed a civil suit in Wayne
County last July charging the
woman with abuse of process,
defamation of character, and inten-
tional infliction of emotional dis-
tress, a charge of malicious pro-
secution may be added.
Neal is seeking more than
$10,000 in legal fees and damages.
Boak said that his client will
proceed with the civil case and that it

was not filed purely as an "intim-
idation tactic," as suggested by
several groups sympathetic to the
woman.
"This verdict has no effect as to
whether we will continue with the
civil suit. I think (the civil suit) will
go ahead. The damages are there -
they can't be wiped out simply by a
verdict," Boak said.
Also, Bila said they are currently

Defense attorneys'
tactics analyzed

considering adding the state of
Michigan and Ann Arbor Police
Detective Mary Smith as defendants
in the civil suit.
"If the police would have done
any investigating instead of ignoring
Mr. Neal's rights, we wouldn't have
been forced into a needless defense. If
they would have properly inves-
tigated, they would have realized
See NEAL, Page 2

for

2nd District seat

By DAVID WEBSTER
State Sen. Lana Pollack last night guaranteed that
she will win the Democratic nomination to oppose
Carl Pursell (R-Plymouth) in the 1988 congressional
election.
"I will get the nomination, I'm really quite
confident of that," Pollack said, speaking at a meeting
of the College Democrats in the Michigan Union.
Pollack will be opposed in the primary by Dean
Baker of Ann Arbor, who lost to Pursell in the 1986
election. State Treasurer Robert Bowman has also

expressed interest in running for the seat. Bowman,
who lives outside the 2nd Congressional District, has
not officially announced his candidacy.
The senator said her experience as a politician and
her popularity among the constituents of the 2nd
Congressional District will assure her of a victory in
the primary.
She said she will need about $500,000 in order to
achieve her main objective, unseating Pursell.
"The incumbent is the least dependable congress-
See POLLACK, Page 5

By ELIZABETH ATKINS
In courtroom rape trials, defense
attorneys may seem to treat com-
plainants with brutality and callous-
ness. Though some legal experts say
such techniques are unnecessary and
demeaning to the alleged victim,
others say such tactics are pertinent
to the trial.
University Law Prof. Peter
Westin said the State of Michigan
has one of the nation's strictest laws
protecting the privacy of alleged rape
victims in courtrooms. Michigan's
Rape Shield Law forbids the defense
to cite the complainant's character
and past sexual history in court,
except in two instances: prior sexual
conduct with the defendant or the
origin of disease or pregnancy is in
question.
Westin also- said citing a

complainant's flirtatious behavior is
not classifies as character evidence,
because it does not prove past
behavior, only it simply the State of
mind on one the particular night.
Another reason defense lawyers
use seemingly brutal tactics is
because they want to win the
particular case, according to Judge
James Batzer of Michigan's 19th
Circuit Court in Manistee.
"The defense lawyer's duty is
with his or her client to win within
the bounds of the law. The defense
must make (the alleged victim's)
story inaccurate.
"(The defense lawyer's) ethical
obligation is not necessarily to bring
out the truth of what happened,"
Batzer said.
See DEFENSE, Page 2

a Supporters, foes
.- w

Hispanic leaders
discuss effects of

debate ga
By STEVE KNOPPER
The Ann Arbor City Council'
heard the pleas of more than 30
advocates and opponents of gun
control during the public hearing
section of last night's Council Work
Session.
The debate stemmed from a
proposed ordinance to amend the
current city gun laws. The ordinance,
written by Councilmember Dave
DeVarti (D-Fourth Ward) and first
read to council Sept. 8, would
severely restrict the location and
expansion of firearm stores in the
city.
The ordinance said firearm stores
degrade the quality of life in Ann
Arbor "by increasing the ready
availability of weapons, creating a
climate of fear, and creating concerns
regarding reduced property values ...
firearms in general and handguns in
particular represent a serious public
health problem and that decreasing
accessibility to weapons is in the
general health and safety interests of
the citizens of Ann Arbor."
But, said Sue Wigton speaking
on behalf of the recently-opened Ann
Arbor Rod and Gun Company,
"there have been no facts and figures
... to support this rather shallow
assertion."

n1

control

"When we restrict the opportunity
for a person to lawfully acquire
firearms, we are restricting Consti-
tutional rights," said Thomas
Washington of the Michigan United
Conservation Clubs.
The Ann Arbor Rod and Gun
Company was the center of contro-
versy last summer when nearby
residents formed a group called
Neighbors Against the Gun Store to
protest its opening. The group
picketed the store on several
consecutive Saturdays, and members
said last night that they were
harassed, swore at, and shot with
squirt guns.
"It was the lack of respect for
other people's feelings that
concerned me most (during the
picket)," said Ann Arbor resident
Philip Kneessi, who said he has
lived his whole life away from guns.
"This isn't a TV show we can turn
off or tell kids we can't watch ...
this is a gun store."
But Councilmember Terry Martin
(R-Second Ward), said she expected
substitutes to DeVarti's resolution
before council makes a decision,
adding that with the current council
makeup, the current ordinance would
not pass. "I would like to address
illegal guns," Martin said, instead of
trying to regulate legal firearms.

heitage
By STEPHEN GREGORY
Leaders of campus Hispanic
organizations disagreed yesterday over
whether last week's Hispanic Her-
itage Week helped to increase the
recognition of Hispanics as a mi-
nority group at the University.
Adoleena Gonzalez, co-chair of the
Socially Active Latino Students
Association, said the week of events
sponsored by Minority Student Ser-
vices helped unify Hispanic students.
She said the program's first event
drew more Hispanic students than
coordinators expected.
Gonzalez said the University com-
munity may traditionally overlook
Hispanics on campus because they
are not as unified as other minority
groups like Blacks and Asians.
Ann Martinez, SALSA co-chair,
agrees with Gonzalez. She said last
week's events may help increase the
recognition of Hispanics as a mi-
nority group on campus by intro-
ducing non-Hispanics to 'latino
culture.
Martinez said that the week's
theme, Hispanics and the Arts,

week
attracted many non-Hispanics, espe-
cially art and music school students
to the events.
But Cynthia Hernandez, chair of
the Council of Hispanics in Higher
Education, said it didn't attract
enough. She thinks more University
community members should have
attended the events.
Hernandez said that although the
week benefitted the Hispanic students
by allowing them to interact, it did
little to affect the University
community's consideration of His-
panic students as a minority group.
She attributes a lack of recog-
nition of Hispanics as a minority
group to low Hispanic enrollment on
campus and a general apathy toward
Hispanics by the University admin-
istration.
Discussing her view, Gonzalez said
that part of a lack of Hispanic unity
is that many Hispanics fail to
identify with their ethnic background.
"I think a lot of Hispanics don't
recognize they're Hispanics," she
said.
See HISPANIC, Page 3

Daily Photo by DANA MENDELSSOHN
Halloween already?
Five-year-old Jerry Hamblin holds a pumpkin in "The Great Pumpkin
Patch", run by his aunt, Lou Ann Hamblin. The 30-acre pumpkin patch,
on North Territorial and Beck Rds, will be open Oct. 10 to Oct. 31 for
customers to come in and pick pumpkins themselves.

Army to
By FRANCINE BERNER
Gone are the U.S. Army ads encouraging
high school seniors to "Find your future in
the Army." In its place, ads will now urge
potential recruits to "Get an edge on the
future." They will advertise job training
valuable not only for the military but also
for civilian careers.

emphasiz
gain for civilian life makes it worth it.
"To be able to write on a resume that
you were in charge of managing 30 people...
their health, welfare, and their families. That
is definitely going to be a bonus on any
resume, no matter what kind of job you're
going for," said Cadet Lt. Col., Harlow
Meno, a fifth-year physical education senior.
Tremblav agreed. "Officers don't

AM

e temporary stints
meaner fighting forces which we can station however, does not mean that the Army has
stateside and still react to fighting overseas... grown soft. Enlistment still involves
so we are building the U.S. Army reserves," intensive military training.
said Lt. Col. Charles Narburgh, the chair of Recruits should realize the Army won't
the University's Army Officer Education give them something for nothing, Tremblay
Program. said. "We give them a job that is tough. I'm
The only unmentioned catch is that not going to give someone $25,000 for
most recruits will be forced to leave the nothing. It's a bribe and we tell them that.
A a. ... - + - - .- 1 .. nr AT.1 ... ., .. .

INSIDE

Rape trial raises the issue of ac-
quaintance rape.
OPINION, Page 4
Director Kathryn Bigelow talks
about her new film, Near Dark.
ARTS, Page 7
Tn- Cnnnl-anhc tilanta

I

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