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November 20, 2000 - Image 1

Resource type:
The Michigan Daily, 2000-11-20

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One hundred ten years of editorialfreedom


November 20, 2000

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'U '
By David Enders
Daily Staff Reporter

to pay for bus driver's defense

Washtenaw County prosecutors have filed
charges against the student who was at the
wheel of a University commuter bus when it
struck and killed a woman in September.
Daryl Cain, 22, could face up to two years
in prison if convicted of negligent manslaugh-
ter in the Sept. 11 death of 48-year-old Med-
ical Center secretary Janis Marchyok.
The bus Cain was driving struck
Marchyok as she crossed Glen Avenue on

the way to her car from her office in the
University Medical Center.
A not guilty plea was entered on Cain's
behalf at his arraignment in court Friday.
Cain is scheduled for a preliminary hear-
ing Nov. 29, and the University has hired a
lawyer to defend him.
"Based upon an investigation by our
Office of Risk Management, we are not
aware of any facts that support this
charge," University spokeswoman Julie
Peterson said. "Mr. Cain deserves the pre-
sumption of innocence."

Cain had worked as a University bus dri-
ver since 1998. According to court docu-
ments, he received two traffic violations in
the past three years, although not while on
duty for the University - one for speeding
in 1997 and a ticket for failing to yield the
right of way on May 16 of this year.
Cain was turning right from Catherine
Street onto northbound Glen. About 20
students were on the bus, but it is unclear
if any of them witnessed the accident.
Washtenaw County Assistant Prosecut-
ing Attorney Joe Burke declined to com-

ment on specific facts of the case last
Riders said the windows of the bus were
foggy at the time of the 5:45 p.m. accident,
which occurred during a heavy rainstorm.
Police said the light for Cain was green.
A sign warns drivers turning right that they
must yield to pedestrians. Police believe
Marchyok was about 10 feet into the cross-
walk when she was hit by the side of the
bus and dragged under the rear wheels.
Cain's attorney, Thomas O'Brien, could
not be reached for comment this weekend.



M' looks

prepare for
court heanng
The Associated Press
George W. Bush and Al Gore marshaled their legal forces
yesterday for a climactic state Supreme Court showdown,
with GOP lawyers saying it would be unjust "to keep the
state and the nation on hold" during interminable recounts.
Democrats said the truth can't be rushed, as jangled nerves
and protests punctuated another painstaking day of south
Florida vote counting.
With the long-count
presidential election
stretching into a third
agonizing week, the
court strategy of both
camps reached critical
mass: Republicans hope to stop manual recounts that threat-
en Bush's 930-vote lead out of 6 million cast in make-or-
break Florida; Democratic Gore wants the work to grind
away, under rules most favorable to him, though his aides
fretted yesterday over how little progress they've made in
the slow-moving recounts.
The candidates kept a low profile as their lawyers pre-
pared for a momentous Supreme Court hearing today. Each
ent for a jog and to church.
Calling these "extraordinary times," Bush's lawyers
argued in court papers that Republican Secretary of State
Katherine Harris has the authority to certify election results
without accepting hand counts. They also said allowing the
recounts to continue in scattered Democratic-leaning coun-
ties would violate the constitutional rights of voters else-
'The selective manual recounts authorize county boards
to engage in arbitrary and unequal counting of votes, and
result in the disparate treatment of Florida voters based
solely on where within the state they happen to reside,"
3ush argued.
In a separate brief, Harris tried to distance herself from
both Bush and Gore, even as Democrats pointed to her
GOP presidential campaigning as a sign of bias. All seven
Supreme Court justices were appointed by Democratic gov-
"It is clear, that for the Democrats and the Republicans,
the object is to win, and that is understandable," Harris'
brief said. "The stakes are very high."
In its paper reply, the Gore team asked the court to set a
enerous standard for officials to "ascertain the electorate's
ill" when ballots were punched in the disputed presiden-
tial election. They said local election officials in close cases
can "determine the voter's intent" by closely examining the
* Twelve days after America voted, the weekend tally of
overseas absentee ballots lengthened Bush's tiny 300-vote
lead to a still-minuscule 930.
See RECOUNT, Page 2A

to Citrus
Bowl after
38-26 win
By Mark Francescutti
Daily Sports Editor
COLUMBUS - As Ohio State coach
John Cooper left the field, the small but
engaging Michigan posse of fans
smirked while it chanted its victory slo-
01 o ,

gan of Two,
10 and one,
two 10 and
The Michi-
gan football
team - Coop-
er's Achilles'
heel for a bet-
ter part of the
last 13 years -
continued its
curse over the
coach, as the
defeated his

It's net Orange,
but is it Citrus?
Michigan will likely
receive a bid to the
Citrus Bowl today.
The facts on the game:
Who: Michigan vs. SEC
second-place team
When: Saturday, Jan.1
Where: Orlando, Fa.
Last year: Michigan
State defeated Florida,
Michigan's last thme:
The Wolverines beat
Arkansas, 4531, in

.v iz shyy
The Michigan defense stopped Ohio State after the Buckeyes pulled within five points in the fourth quarter. The 38-26 loss is the 10th time
Ohio State has fallen to the Wolverines in coach John Cooper's 13 seasons in Columbus.
OSU cmumarredbfie

By David Enders
Daily Staff Reporter
Police made 29 arrests and fired tear gas
and rubber bullets in response to rioting at
Ohio State University in Columbus early yes-
terday morning.
Rioters set 129 fires and a student was
stabbed during the violence that followed
Ohio State's 38-26 loss to Michigan in Satur-

day afternoon's football game. "That student
was operated on this morning and is out of
the woods," Ohio State spokeswoman Eliza-
beth Conlisk said yesterday.
At least five cars were overturned or signif-
icantly damaged.
Ohio State officials expect to know
today how many students were among
those arrested. Police were unable to say
whether any University of Michigan stu-

dents were arrested.
"It is obvious that excessive alcohol is at
the core of this problem, and in addition we
will continue our efforts to curb alcohol
abuse;' Ohio State President William Kirwan
said in a written statement.
The riots occurred despite a video shown
during the football game in which Kirwan
urged students to remain peaceful after the
See FIRES, Page 7A

Buckeyes 38-26 before a record 98,568
fans at the Horseshoe.
The victory gave the Wolverines
(6-2 Big Ten, 8-3 overall) a share of
the Big Ten championship with
Northwestern (6-2, 8-3) and Purdue
(6-2, 8-3). It also almost guarantees
them a spot in the Citrus Bowl on
New Year's Day.
On the other end of the field, Coop-
er is now 2-10-1 against Michigan.
His Buckeyes are left with a likely
Dec. 28 Alamo Bowl bid and another
historic setback. My record against
Michigan "should be mentioned,"
Cooper said.
See OSU, Page 7A

ddcandates take 9 seats on MSA

By Johanna Wetmore
Daily Staff Reporter
After last week's elections for Michigan
Student Assembly, there are two clear lead-
ing parties on the assembly.
The Defend Affirmative Action Party
gained the most seats this term with nine,
bringing their total to 14.
The Blue Party has a total of 20 seats
after the election, gaining seven from the

The Michigan Party gained four seats and
independent candidates gained one seat,
adding to its four on the assembly.
Secreto said once the assembly gets into
motion, "party lines drop."
"That does not change the dynamics of
the assembly," MSA Vice President Jim
Secreto said.
Even though Blue Party representative
Matthew Nolan received the highest num-

ber of weighted ballot votes in the election,
he admits the race was tight.
Nolan, an LSA sophomore, may have
received the most votes, but fellow Blue
Party member and re-elected representative
Jessica Cash won the popular vote by a nar-
row margin of 19 votes.
"This was much more cut throat than last
year," Nolan said. "There were fewer candi-
dates this time, but they were more quali-

Students were allowed to rank their
choices in the student government elec-
tions giving higher numbers of weighted
ballot votes to their more preferred can-
Cash, an LSA sophomore, said she is
eager to get to work.
"I'm thrilled to have my seat on the
assembly, but I am more excited to start my
work on my platform issues," Cash said.
See MSA, Page 7A

*Lawsuit alleges poor service in
A2 for students with Sprint PCS

Tell me a joke, sing me a song

By Louie Melzish
Daily Staff Reporter
Many Sprint PCS customers at the Univer-
*ity have become so unhappy with their cellu-
lar provider that they decided to join a lawsuit
against the company.
The lawsuit, filed last week, alleges the
phones do not work in Ann Arbor, contrary to
Sprint's advertisements which list the city as
one of its service areas. "Everywhere I go my
phone works, except in Ann Arbor," said

"Everywhere I go my phone works, except in
Ann Arbor."
- Kevin Atto
LSA junior

can't get a signal?"
Southfield attorney William Stern filed the
complaint in Washtenaw County Circuit
Court on behalf of 72 Sprint PCS customers,

their monthly service requirements and that
Sprint PCS cellular phone customers who use
their phone for six or more months per year be
reimbursed the cost of the phone and acces-


ME 04

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