Page 10-The Michigan Daily -Thursday, April 15, 1993 Attorneys say child's rights were violated in custody battle LANSING, Mich. (AP) - Attor- neys for a 2-year-old girl at the heart of abitter child custody dispute yesterday sued both her biological parents and the couple who has raised her since birth. The suit claims the girl's constitu- tional rights were violated and asks that she stay with Jan and Roberta DeBoer of Ann Arbor until a hearing is held on her best interests, said Richard Victor, the child's attorney. "In this case, the child fell through a crack.That's wrong. I'vegotachildthat from all the evidence I've read, irrepa- rable harm will occur to her if she is amputated from her Mommy and her Daddy," he said. The unusual suit was part of a swirl of new legal maneuvering aiding the DeBoers in a case that already has dragged on more than two years in Iowa and Michigan courts. Victor said the suit was filed at the request of attorneys who represented Jessica in a Washtenaw County Circuit Court hearing earlier this year. Those attorneys recommended the girl stay with theDeBoersrather than be given to her birth parents, Daniel and Cara Schmidt of Blairstown, Iowa. "Such a custody transfer would rip the plaintiff from the only home and parents she has ever known and place her with psychological strangers," said the suit filed in Washtenaw County Cir- cuit Court. 'in this case, the child fell through a crack.' -Richard Victor Jessica's attornery Suellyn Scamecchia, attorney for the DeBoers, said the fact that Jessica istooyoung totalkorunderstandwhat's happening does notmake the suit frivo- lous. "It's one thing to try to determine what a child wants and then file suit based on what she says. It's another thing to recognize a child's needs and attempt to protect her from harm and that's what's happening here," she said. A recently proposed Michigan bill would letprospective adoptive couples go to court to seek custody of a child if the child has lived with them for at least six of the previous nine months. A judge then would hold a hearing to decide what would be in the child's best interests. The bill would overturn a September 1992 Michigan Supreme Court ruling barring such third party custody actions. The Michigan Court of Appeals re- lied in part on that ruling in deciding last month that the DeBoers must give the child to the Schmidts. Joan Engstrom, coordinator of Jus- tice for Jessica, told the Senate Family Law, Criminal Law and Corrections Committee that more than 10,000 people nationwide have called urging Jessica stay with the DeBoers. "They do not want Jessica to suffer because of the lies that started in Iowa almost three years ago by her biologi- cal mother. They wanther voiceheard," she said. Donald Duquette, director of the Child Advocacy Clinic at the Univer- sity of Michigan, said courts never considered what was best for Jessica. The clinic represents the DeBoers. 'This is an area in which the child custody act does not speak to the best interests of the child and really should," he said. The tangled custody dispute began when Cara Schmidt, mother of Jessica, signed adoption papers after naming another man as the father. She changed her mind, informed Schmidt of his paternity and in March 1991 he began a legal battle to get his child back. The Iowa Supreme Court awarded the child to Schmidt, but the DeBoers brought the case to Michigan. A Washtenaw County Circuit Court judge ruled in February it would be in the child's best interests to stay with the DeBoers, but the appeals court ruled he had no jurisdiction to take the case. ,. DPS offers theft protection for cars ,aa Whizzz Gabriel Richard High School first-year student Dale Fater whizzes around KRISTOFFER GILLETTE/Daily the track on Palmer Field during his week of spring vacation. by Shelley Morrison Daily Crime Reporter; Recorded serial numbers have often been called the key to recovering stolen items. If this is true, Saturday's police- sponsored auto serial number etching may be a safe bet for local car owners. Sponsored by the Crime Prevention Unit of the University Department of Public Safety (DPS), the auto vehicle identification numberetching willmark the second time the free service will be offered to Ann Arbor residents to pre- vent car theft. DPS Crime Prevention Unit Super- visor David Betts said the service offers many advantages to car owners. "You can't steal a car with this kind of etching," Betts said. "This is because the etching exists on all windows of the car, and in order to resell the car, win- dows would have to be taken out." In the etching process, the registra- tion number of the vehicle is copied onto an etching sheet and then applied to the windshield, back window, and driver's and passenger-side window with a mild form of acid. The acid eats through the first two layers of glass, leaving a permanent inscription of the car's serial number that can only be removed by destroying the glass itself. The process takes approximately 15 minutes, and normally costs about $25.t Betts said that etching is a small but important part of crime prevention. "It's a small preventative step, but together these steps can prevent the theft of your car," Betts said. DPS Crime Prevention Coordinator I Homeless activists remember Sgt. Benny Chenevert said some insur- ance companies will reduce the cost of insurance if the vehicle number is present. "Insurance can be cheaper for cars that bear the VIN (vehicle identification number) because companies recognize it as an effective method in deterring thefts," Chenevert said. I. by Hope Calati Daily News Editor One year after tents were pitched outside the Washtenaw County build- ing to protest homelessness in Ann Ar- bor and Washtenaw County, the Home- less Action Committee (HAC) and Homeless Union are still asking local governments, "What have you accom- plished?" HAC member Corey Dolgon said the groups will ask this question to the county commissioners at their April 21 meeting. The groups have held two "Blocked Out Block Parties" where homeless people and homeless activists demon- strated at neighborhood parks. "There are a lot of people in Ann Arbor who don'thave blocks to live on and parties to work for," said Dolgon. The third is scheduled to be held at the "Little Park for aLittle While" next to the Washtenaw County building. He said activists want to bring the issue of homelessness into more afflu- ent areas. The third block party will be held beforea County Commission meeting. The groups call for a turn away from the status quo of "top-down so- cial services that build dependence on services rather than independence that people really need and really want," Dolgan said. County Commissioner Grace Shackman said the commission has been working to create affordable hous- ing. "I think it's an important issue and there are things that we are proud of," Shackman said. She cited county fund- ing to the Avalon project of the Shelter Association of Ann Arbor and funding to a low-income housing project in tent city conjunction with SOS Crisis Center in Ypsilanti as steps toward increasing af- fordable housing. First-term Commissioner Dave Monforton praised HAC for maintain- ing public interest in the issue of homelessness. "I find their point of view is some- thing that should be included in the dis- cussion of homelessness and housing," Monforton said. Although some people disagree with the groups' tactics of public demonstra- tion, the groups have raised interest in the issue of homelessnesss, he said. 'It's a small preventative step, but together these steps can prevent the theft of your car.' - David Betts DPS Crime Prevention supervisor Chenevertbegan the practice of VIN- etching based on the practice he learned as an officer for the Detroit Police De- partment., The first etching session took place this fall, but Chenevert said it is the beginning of what he believes will be a regular event. "We'dliketo continue thisprogram," Chenevert said. "It's a good service to give to the people of the community, and a great way to help stop crime." Chenevert said the frequency of the etching sessions will be based on the turnout this Saturday, which he said he expects to be high. The etching will take place at the North Campus Fire Station on Beal Avenue between the hours of 10 a.m. and 2 p.m. #$ -''I .5t Defendants of Russian coup forced to appear in court after first day halt MOSCOW (AP) - The men ac- cusedofmastermindingtheAugust1991 coup failed to halt their trial on its first day yesterday, arguing unsuccessfully that they could not be tried for treason against a country that no longer exists. The day was marked by drama and confrontation, as one of the defendants rushed from the courtroom with chest pains and pro-Communist demonstra- tors scuffled with Russian journalists. Three black-robed judges in high- backed wooden chairs presided over the trial inthemilitarybranch of Russia's Supreme Court. The families of three young Mos- cow men who were killed in a clash with Sovietarmored vehicles during the coup huddled together on one side of the courtroom. "We are sitting here in the invisible presence of our children," Raisa Krichevskaya told reporters. The 12 die-hard Communists are accused of taking Mikhail Gorbachev prisoner and seizing power from Aug. 18-21, 1991, in the failed putsch that accelerated the SovietUnion's collapse. If they are found guilty, they could get the death penalty. Some of defendants left the heavily- guarded courthouse during a break and addressed about 200 supporters out- side. Police barricades held back the demonstrators, who waved signs call- ing the defendants "patriots" and de- nouncing the judges as "traitors and werewolves." More than 120 witnesses are sched- uled to testify- at the trial, including Gorbachev. Russian President Boris Yeltsin has not been summoned. Thetrial began with theformal read- ing of treason charges and a roll call of the defendants. Each stood in turn to give his name and former position. we have today to decide who can judge an alleged crime against a state that may no longer exist." The defendants also contended that 'it seems to me that we have today to decide who can judge an alleged crime against the state that may no longer exist.' -Genrikh Pavda attorney for former Soviet leader Anatoly Lukyanov for the trial. Most have used their free- dom to re-enter politics: Marching in pro-Communist rallies, denouncing Yeltsin's economic reforms and calling for the resurrection of the Soviet Union. Before any witnesses are called, the court must deal with procedural issues and preliminary legal motions.'The de- fendants lost the first round yesterday when the judges ruled that the court has jurisdiction over crimes committed on Russian territory before the Soviet col- lapse. The defendants then called for the replacement of the entire team of nine prosecutors. They said Prosecutor Gen- eral Valentin Stepankov had biased the team by publishing a book about the coup before the official investigation ended. Defense lawyers also complained that both Stepankov and Yeltsin have publicly declared the defendants to be guilty. Former Soviet Defense Minister Dmitry Yazov alleged that he was de- nied a lawyer for 10 days after his arrest on Aug. 24, 1991. "I believe that the grossest viola- tions were made during the investiga- tion with respect to all the defendants, including myself," added former KGB Gen. Vyacheslav Generalov. The judges are expected to rule on those complaints today. Yesterday's opening session ended inconfusionwhendefendantAlexander Tizyakov bent over with chest pains and hurried out of the courtroom with his wife and lawyer. Tizyakov headed an association of state factories before the coup. They called each other "comrade" and immediately sought to derail the trial. "These men were the leaders of the Soviet Union but ... the union no longer exists," said Genrikh Pavda, attorney for former Soviet parliament leader Anatoly Lukyanov. "It seems to me that the threejudges should be replaced by a civilian jury because their commander is expected to be a prosecution witness. A military court is hearing the trial because several defendants are former generals. All the defendants were released from jail over the past year to prepare .0 Wayne State University to open public school to practice teaching methods &. DETROIT (AP) - Wayne State University announced yesterday it will open its own public middle school this fall to develop new methods of teaching urban children. The University Public School will accept between 300 and 350 Detroit students from sixth through eighth grades. Students will be randomly se- lected from applications, and no tuition or book fees will be charged. The school will receive the same $4,200 per student in state aid as the Detroit school district, but the two will have no formal connection. Wayne State's school will have an extended school day and year, special enrichment programs and an interdisciplinary cur- riculum. Wayne State President David turning point in their lives. "The biggest challenge in urban education is atthe middle school level," shesaid.'Thetrarnsitionbetweenmiddle school and high school is where we lose most of the kids who eventually drop out." Adamany proposed the idea of a university-run neighborhood school more than two years ago. Last year the university abandoned an attempt to manage nine Detroit public schools af- ter Superintendent Deborah McGriff said each school would have final say over their operations. "I think a school district-university partnership would havebeen morepow- erful and offered greater systemic change forchildren inDetroit,"McGriff said yesterday. applaud them taking our people," cur- rent board President April Howard Coleman said yesterday. "All three fi- nalists for the principal's position are ; veterans of the Detroit Public Schools ...next they'llbetaking teachers tostaff the classrooms." The University Public School will be located on the university's Detroit campus, in the Metropolitan Center for High Technology. Its school day will last from8 a.m. to 5 p.m. Students will spend the time after traditional school hours on non-academic activities. Many classes will be organized around themes instead of traditional academic disciplines. Parents will re- ceive letter grades and written evalua- tions for each student. The school Year will last 200 days 0 ml _ ..... f tatnres Ifre