C41v "Ut Weather Today: Chance of snow, high around 30%. Tomorrow: Chance of snow, high in 20s. One hundred four years of editorial freedom Friday February 3, 1995 'Attorney for suspected By Frank C. Lee Daily Staff Reporter The -defense for a suspected serial rapist, filed several motions yesterday contesting the way the Ann Arbor police investigation was conducted and the prosecutor's actions. Ervin D. Mitchell Jr., 33, remains in ashtenaw County Jail under $50,000 bond awaiting a Feb. 27 trial in Washtenaw County Circuit Court. He is charged for a Dec. 24, unarmed robbery and assault. Washtenaw County Assistant Public De- fender David Lankford, Mitchell's attorney, filed eight motions at the Washtenaw County Courthouse yesterday. The pretrial motions will be heard in Circuit Court Feb. 16. Lankford moved to suppress the introduc- tion of a white, bloody glove allegedly used in the purse-snatching attempt and the testimony of a state police crime lab DNA scientist. The defense based the motion on discrepancies be- tween the description of the attacker given by the victim and Mitchell's actual appearance. Mitchell, about 6feet 3 inches tallandweigh- ing about 200 pounds, was wearing white tennis shoes, dark dress pants and a coat with no hood at the time of his arrest. The victim described her attacker as about 5 feet 10 inches tall and weigh- ing 180 pounds, wearing black tennis shoes, dark sweat pants and a hooded coat. Based on these discrepancies, the defense contends Mitchell was unjustly arrested and searched so any evidence should be suppressed. "We will oppose that motion," said Brian serial rapist Mackie, Washtenaw County's chief prosecut- ing attorney. "We think the evidence was properly obtained and we'll leave that to the judge to decide." Mitchell's attorney also contends there was insufficient evidence at the preliminary exami- nation to allow the judge to find probable cause that the robbery and assault was committed. "That goes to the sufficiency of the evi- dence at the preliminary examination," Mackie said. "We believe the district court judge who heard the examination was correct in her decision, so we will oppose that." The defense moved to suppress evidence and test results from Mitchell's blood samples. Lankford states that the robbery victim was weither sexually assaulted nor linked to the files pretrial motions Ann Arbor rapes, and therefore the police were unjustified in drawing the blood. In accordance with a Dec. 26 search war- rant, two vials of Mitchell's blood were drawn and 20 of his hairs were seized. At the prelimi- nary hearing last month, police said the blood samples were taken to compare with blood found on a glove allegedly used in the Christ- mas Day robbery attempt. Preliminary DNA results matched Mitchell's blood samples to semen recovered from four of the five women raped in Ann Arbor by a serial rapist. The attacks spanned a 2 1/2-year period, with the last assault occurring Oct 13. Lankford wants the county to hire an inde- pendent expert to test the blood samples and physical evidence. But Mackie said, "Even if they hire an expert, that doesn't mean the person will necessarily testify." The public defender also asked the judge to move the purse-snatching trial out ofWashtenaw County over concerns of pretrial publicity - compromising Mitchell's right to a fair trial. "That motion is often filed in high-profile cases and that have received a great deal of media attention - seldom granted," Mackie said. "The judge may well - under cae law in Michigan - reserve a final ruling until an attempt is made to seat a jury here, then decide if there is a problem or not." Prosecutors are awaiting test results from more DNA comparisons before issuing war- rants against Mitchell for sexual assault. BLACK I 1 story montil Souljah tells life story at Border's Bookstore State Senate plan may give tuition tax cuts By Eugene Bowen Daily Staff Reporter Sister Souljah told a packed crowd at Border's Bookstore last night that her life story is neither shocking nor extraordinary. In her book, she wrote: "I never said I was an angel. Nor am I innocent or holy like the Virgin Mary. What I am is and serious and as sensitive as !open nerve on an ice cube." Thus she wrote in her recently pub- lished autobiography, "No Disrespect." This was also the attitude that the ac- tivist/rapper/author portrayed to the crowd of 200lastnight when she spoke as part of Black History Month. Souljah, whose fame originally sprouted from her 1992 rap album "360 Degrees of Power," spoke on a *ide variety of topics affecting both Blacks in America and the American system as a whole. Souljah lived her younger years in the Bronx ghettos, and in her later life attended mostly-white schools in New Jersey. She attends Rutgers Univer- sity, where she needs nine more cred- its to graduate with dual degrees in American history and African stud- s. Souljah is married with a son. Her life, as inspired by these and other experiences, is the cornerstone of "No Disrespect," a memoir meant to ex- press her principal philosophy: that "I" should mean "we."~ "I wrote this book because I, a . full-grown, adult, Black woman, wanted to tell my experiences," Souljah said. "I have been honest, and I hope that men and women will be able to learn from my happinesses and mistakes." Souljah was quick to warn those who may have already stereotyped her book based on prior experiences with her political rap art. "This book is not a political mani- festo," she said. "It is more of a per- sonal story, more like my diary. This is a book about self-love." However devoid her book may be of political statements, Souljah held back no punches in responding to questions asked by members of the audience. Many of her answers were of a political nature. In speaking on welfare reform, Souljah conceded that she does not support the welfare system as it is to- day. However, Souljah said she feels that the reforms proposed by House Speaker Newt Gingrich and President Clinton are devoid of much reasoning. "I think that the whole conversa- tion supporting ending support for the underclass eminates from a very See SOUUAH, Page 2 By Ronnie Glassberg and Zachary M. Raimi Daily Staff Reporters A proposal to provide a tax deduc- tion of up to $5,000 a year for college- tuition, approved by a state Senate committee yesterday, may place in- creased pressure on the University to cut costs. The total plan, to cut taxes by roughly $1.6 billion over the next five years, passed taxation committees in both the Senate and the House and went to the chamber floors. Gov. John Engler called for adoption within 30 days of announcing the plan Jan. 17. The new school deduction was unveiled by Senate Republicans in the morning and approved by the Sen- ate Finance Committee only hours later. The panel passed one bill in the tax-cut package last week, and the rest yesterday. The school bill aims at restraining tuition rates by granting the deduc- tion, after the first year, to students who attend Michigan colleges or jun- ior colleges that keep tuition increases at or below the rate of inflation. The first year, all college students would be eligible for the deduction, and the deduction would be available to pri- vate school students. "Families sending children to school are tired of reading about tu- ition increases," said Senate Majority Leader Dick Posthumus (R-Alto). At the University, where tuition increased 6.9 percent last year, offi- cials strongly criticized the proposal. "It's the craziest thing I've ever heard of because it forgets that the major factor in pricing tuition is what the state appropriation is," said Walter Harrison, vice president for Univer- sity relations. "If you had a healthy state appropriation, every state uni- versity would keep tuition at the rate of inflation." In December, Michigan State Uni- versity promised to keep tuition in- creases at or below the rate of infla- tion under the condition that the state also increases appropriations at the rate of inflation. University President James J. Duderstadt said at the time that he would not make the same deal. Regent Laurence Deitch (D- Bloomfield Hills) said the state Sen- ate proposal would adversely affect the University's autonomy. "I'm appalled by it. The (state) constitution created independent gov- erning boards to manage the Univer- sity of Michigan, Michigan State, Wayne State, and we do the best we can in the interest of the University," Deitch said. "I think (Engler) would have enough sense to veto a proposal of this type." Posthumus said the move would save taxpayers about $120 million over five years, to be added to the governor's package of $1.5 billion in relief. State Rep. Mary Schroer (D-Ann Arbor) said the plan "falls apart with U-M" because of the number of non- residents at the University. "On a couple of levels, it assumes that all universities have the same make-up of the student body," Schroer said. "I also don't believe you should punish the taxpayers of the state be- cause the university regents decide to lower tuition." Harrison said such a plan could make the University more competi- tive with private institutions from outside Michigan. "We're pretty com- petitive, but I think it will make it no contest," Harrison said. "I think we always try to keep our tuition as low as we can. Would this be another factor? Yes," he said. Deitch said efforts to maintain the University's quality force the Uni- versity to increase tuition. See TUITION, Page 2 JUDITH PERKINS/Daily Sister Souijah, an author/activist/rapper spoke at Border's Bookstore last night as a part of Black History Month. Smith addresses education issues at 'U' By Spencer Dickinson Daily Staff Reporter In her first public appearance since e start of the legislative session this week, state Sen. Alma Wheeler Smith criticized Gov. John Engler and dis- cussed relations between the Univer- sity and Lansing in the Michigan League Ballroom yesterday. Smith spoke as a part of Black History Month. The Ann Arbor Democrat began yspeaking about her family, espe- 'ially her father - the first Black mayor of Ann Arbor. "He was U-M's first Black faculty member ... and in those days housing was segregated and stores didn't really encourage Blacks to come in. "In those days, I suppose the Uni- versity had a truly color-blind admis- sions policy, but they had no pro- grams to help out those minorities in the community. "My parents got involved in the civil-rights movement and decided that life would be better for us, their kids ... just like their ancestors who didn't know how to read but knew it was important." Today Smith says education is still the answer. She said the' worst problem with society is "that parents aren't there . children are raising themselves." She called on neighbors, churches and students to fill the void left by today's absentee parents. After her brief initial comments, Smith answered questions. John Matlock, director of the University's Office of Academic Multicultural Ini- tiatives, asked about the changing nature of activism. In response, Smith said she was concerned that "the work and blood of many who worked to get us here" was being "squandered." Smith also discussed more current University issues. "U-M is viewed in Lansing as one of the most arrogant institutions in the country," she said of her alma mater. She cited the University's unwillingness to stick to out-of-state student restrictions, a perception that the administration is See SMITH, Page 2 Students' Party to d'un Elliott for pres. By Amy Klein Daily Staff Reporter Pledging to "bring student groups and student government together," the Students' Party announced yesterday *s candidates for the president and executive vice president positions for the winter Michigan Student Assem- bly elections. The election will be held March 22-23. Former 'U' employees file suit By Josh White Daily Staff Reporter After almost a month of fighting the University with protests and threats, three former Dental School employees filed a $1 million state lawsuit against the University last Friday claiming their dismissals were racially motivated. Director of Employee Relations Bruce B. Pringle sent letters to the three employees Jan. 16 in which he reduced their original disipline from dismissals to suspensions. The letters stated that if the employees did not call the University within 24 hours for new assignments, they would be considered to have "voluntarily re- signed." nltrnit-hned Attornev Genre R. "We find i ludicrous and ridiculous that the university says that the three resign voluntarily." - George B. Washington attorney for former employees The three employees claim that a supervisor at the Dental School dis- missed them due to racial discrimina- tion and have asked the University to Dental School supervisor acted ap- propriately and we are prepared to vigorously defend our actions," Baker said. Washington said that he consid- ered filing a federal lawsuit earlier in the month but went ahead with plans to sue the University in a state suit last week. Washington also said that more people have talked to him about cases of racism at the University since he took the current case. "Five other individuals have called me with cases of racial dis- crimination at the University of Michigan, which we feel were in- spired by the dental workers' case," Washington asserted. "I think that the dental workers are iust the tip of Brinn ilintt and Finn Rose will viA for the too spots in MSA. I 1 I