WE F! * lET WI r One hundred four years of editorial freedom Weather Tonight: Mostly clear, low around 300. Tomorrow: Mostly sunny, high around 500. Friday March 17, 1995 -'4 - -.4 1 i -4 i -~ ---4. - W2p1 aYs ~'Michigan 76 (T Blue toppled by late rally aly Basketbl Wrter DAYTON, Ohio - It was not a ' ting end to Ray Jackson's game or rAfter scoring 28 points and push- ing his team to a 14-point lead, the basketball wasn't supposed to go off his foot and out of bounds with the game tied and him driving for the winning hoop - but it did - with 1.5 seconds left. The play sent the game into over- time*wher Weser Ke0ntucky (27-3 season with a 8 2-76 overtime loss in the first round of the NCAA Tourna- ment at the University of Dayton Arena- "It really hasn't hit me that we're through," Jackson said. "The only thing I'm thinking is that we're through and not moving on." Western Kentucky's Michael Fraliex hit a NBA-range 3-pointer to tgame with 9.1 seconds left in regulation to cap a Hilitopper come- back that began with the Wolverines (17-14) up by 14. The Hilltoppers then took control in the extra session. Darius Hall hit a layup and Chris Robinson, who fin- ished with 22 pbints, made back-to- back baskets to give Western Ken- tucky a 76-70 lead, and it never looked *ck-. The Hilltoppers got 16 from Hall and 13 from guard Darrin Horn. "We played great defense for the first two minutes of overtime," West- ern Kentucky coach Matt Kilcullen said. "We also showed a lot of charac- ter. Another team would have died down 59-45." Jimmy King recorded a near triple- ~uble for Michigan. scoring 23 to rise if state 'U' would need 12% tuition hike to make up for proposed loss Michigan's Dugan Fife battles Western Kentucky's Derek Flowers for a loose ball In last night's NCAA Tournament game. The-Wolverines' 82-76 overtime defeat ended the team's season with a 17-14 record. points, pulling down 17 rebounds and dishing out eight assists in his final game as a Wolverine. It seemed for much of the game that the remaining members of the Fab Five were going to win the game by themselves. "(Jackson and King) haven't ever dominated like they did tonight," Michigan coach Steve Fisher said. "What they did tonight was fitting for what they've done for four years." With 8:24 to go in regulation. the Wolverines held a 59-45 lead, but be- hind Robinson and Hall, the Hilltoppers fought back. An 11-0 run brought Western Ken- tucky to within five, and from that point on, the teams battled down to the wire. "They hurt us with dribble penetra- See BASKETBAlL Page 11 Attorney rss Jae Bake r cs By Ronnie Glassberg Daily Staff Reporter DEARBORN - The University would need to raise in-state tuition 12 percent to compensate for a proposed $8.4 million state appropriations cut,. President James J. Duderstadt said yes- terday. While Duderstadt said the Uni- versity would not raise tuition at that level, administrators reiterated the significance of the proposed cut to the Board of Regents at its meet- ing yesterday. On Wednesday, a House subcom- mittee voted to deny the University a proposed $8.4 million appropriations increase because non-resident enroll- ment has risen above 30 percent. The proposal still must be voted on in the Appropriations Committee, the state House and Senate. and signed by Goy. John Engler. 'The resource challenges are al- ways with us. The state, as you all know, is a challenging situation," said Provost and Executive Vice Provost for Academic A ffairs Gilbert R . Whitaker Jr. "( Wednesday) we had a flare-up which complicates the issue a bit --a lot." Whitaker said the University would need to accept an additional 3,500 in- state students for the proportion ofresi- dents to fall below 30 percent. "We made our admission decisions, almost all of them, for next fall." he said at the meeting, held in Henry Ford's Fair Lane Mansion on the University's Dearborn campus. The House subcommittee used a non-resident enrollment figure of 33.4 percent when making its cut. In winter term, the number dropped to 32.9 percent. "Our non-residents are not some of our most loyal students, but they're some of our best," Whitaker said. Whitaker said the first-year class typically has 35 percent non-residents because over the four years some non- residents become residents and others leave the University. "There's no way to get from where we are to 30 percent in September and keep the University in a sane and sen- sible place," Whitaker said. Regent Daniel Horning (R-Grand Rapids) said tuition increases would fall on Michigan residents. "1 think it would be a major short- fall We could be looking at significant tuition increases unless we can come to terms and rectify the situation," Homning said. 30% 25% - - - I I I I I Budget war u A state House sub- commitee voted Wednesday to cut the University's proposed funding by. $8.4 million because the University has let out-state enrolment rise above 30 percent of the undergraduate population. Here's a look at what percent of recent undergrads have been non.-residents. 35%r co OZ ~1 a' ( &- c4, & 6 co~o X~) C'4 C') ~ !fl a' a' a' 9~ ,zI (N C4) ~ 0) 0) 0) 0) ANDREW TAYLORIDaiIy By Josh White Daily Staff Reporter A superseding indictment of LSA sophomore Jake Baker, which was is- ied late Wednesday and also names an ntario man as aco-defendant, does not represent a major change in the case, the prosecuting attorney said yesterday. "We got this new indictment par- tially to clarify the exact language that we find unlawful in this case," U.S. Attorney Ken Chadwell said. "In the original indictment, everything was a lot more vague." Baker, who faces five counts oftrans- itting threats over state or foreign - undaries, was originally charged with one countof sending threats. The charges stem from Baker's use of a University student's name in a sexually explicit story he put on the Internet and focus on e-mail correspondance he had with the Ontario man, identified as Arthur Gonda. The new indictment does not men- tion Baker's Internet stoiy as an indi- vidual charge, but offers it as context Sr the fifth count against him. "Jake is no longer being prosecuted forusing the University student's name in stories on the Internet," David Cahill,. ~32.9 *fall termn Uilwtnter terrm one of Baker's attorneys, said Wednes- day. However, Chadwell said, the story itself was never part of the charge against Baker. "The story is part of the context that leads up to the charges against him." Chadwell said. "The words that Gonda and Baker exchanged over e-mail are the violation of the law. And that is what we are prosecuting." Chadwell said the counts could put Baker behind bars for 25 years should he be convicted of all five, but that scenario is unlikely. "Technically, he could get 25 years injail if Judge (Avern)Cohn decided to stack the counts on top of each other." Chadwell said. "I don't see that hap- pening andlIdon't see us asking for that to happen. "it is not a murder case. Threaten- ing to do harm is significantly less than actually doing harm," he said. Three of the counts against Baker also name Gonda as a co-defendant, yet authorities have not been able to locate him and believe the name to be a pseudonym. "The Canadian authorities will t'ke us more seriously now that Gonda is named in a criminal case," Chadwell said. "They have been extremely coop- erative so far, but now the search can intensify. "Someone out there knows who he is." Douglas Mullkoff, who represents Baker in federal court, said he hopes the case will be dismissed. Chadwell said he believes Cohn will hear the trial, but the April 3 start date will probably be pushed back if Mullkoff files for dismissal. "We are very confident that we are correct on the law," Chadwell said. "1 am sure that Judge Cohn will give us a fair hearing. He is one of the smartest judges on the bench here, and I am confident that the case will be heard." Chadwell said the fact that the case involves the Internet presents a unique situation to everyone involved. "If we had a taped telephone con- versation of Baker and Gonda which used the same language, there would be no controversy," Chadwell said. "Put it in on a computer, and I don't know why, but it becomes confusing for ev- erybody." Duderstadt defends Baker suspension By Ronnie Glassberg Daily Staff Reponter After a grand jury on Wednes- day dropped all charges related to LSA sophomore lake Baker's Internet postings, Upiversity President James J. Duderstadt said yesterday the decision to suspend Baker w as not limited to the postings. "The particular issues that they responded to went beyond the elec- tronic communication issue," Duderstadt said. "Our decision was totally independent of the indict- ment." David Cahill, an attorney for Baker, said in yesterday's Michigan Daily that the University should re- consider the suspension. "It could be that the University See BAKERr Page 2 Duderstadt said the state cut would have a direct impact on the tuition of its residents. "The resident tuition is di- rectly tied to state appropriations. Non- resident tuition is tied to the market- place," he said. The Legislature requests that the University keep non-resident enroll- ment for undergraduates below 30 per- cent. But, because of the University's autonomy tinder the state constitution, the Legislature cannot enforce this mandate. Horning said the state should re- examine its mandate. "I personally don't believe those numbers should adhere to the U-M because of the different scope and mission," he said. Duderstadt said presidents of both public and private institutions have urged state legislators to re- move the quota language because the University draws students from those schools. "I think the state should deter- mine how many Michigan residents we should educate, not the percent- age," Duderstadt said. "I think that should be sensitive to the number of high school graduates. Michigan could take more Michigan students, but we'd take them from other Michigan colleges." Duderstadt also said the number of in-state students at the University is between 81 and 82 percent. when the Flint and Dearborn campuses are figured in. St. Patrick toasted in bars, books Irish holy day has become an American holiday yMegan Schimpf people who haven't seen each other in a long time,"he sa Daily Staff Reporter "They meet on St. Patrick's Day because they're Irish. id. Green shamrocks will dot the streets today and people will wear green clothing and drink green beer to celebrate St. Patrick's Day. But everything should be blue instead. The traditional color in Ireland for St. Patrick was royal blue for 1,300 years, said Leo McNamara, a University English professor who teaches an Irish history class. *"Two hundred years ago, it becomes, for some weird d strange reason, green," McNamara said. The traditional Irish holy day has become a day of celebration for people of all cultures in the 1.500 years since St. Patrick died. & Sullivan' s Eatery and Pub on South University Avenue is expecting 800 people to come in today, beginning at 9 a.m. To celebrate, O'Sullivan's will serve traditional Irish foods, including corned beef and cabbage and shepherd's pie. Entertainment includes an Irish sing-a-long in the afternoon and bagpipers around dinnertime. Other loc al bars, including Mitch's Place, Scorekeeper's and Touchdown Cafe, will open at 7 this morning with plenty of green beer on tap. "It's an Irish holy day but an Irish American holiday celebration," McNamara said. LSA junior Joy McCaffrey said St. Patrick's Day is "lovely." "I think it's great because I'mn Irish and all my friends who aren't Irish can be Irish for a day," she said. Patrick, who lived during the fifth century, was a British Celt who was kidnapped as a boy by Irish raiders to be a S pecies act could be endangered by By Daniel Johnson Daily Staff Reporter Debate is swelling between environmentalists and those seeking reform of the Endangered Species Act, which was created in 1973 and is up for reauthorization this year. The act was created to protect around 109 species such as the American bald eagle from extinction; now more than 919 species are listed as endangered or threatened and 4,000 more await. Members of Eco-Action, an Ann Arbor citizen envi- ronmental group, met last night to discuss the future of the law that rests in the hands of the 104th Congress.