One hundred ten years of editorialfreedom r Monday November 20, 2000 .,, ,, ; ., Y. mbigm Dail,.. '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 night. 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. BIU-9 ishes B'ckeyes 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- where. '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- ernors. "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 ballot. * 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 one." 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 62-year-old coach, as the Wolverines 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, 37,34. Michigan's last thme: The Wolverines beat Arkansas, 4531, in 1998. .v iz shyy DAVID KATZ/Daily 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 election. 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- fied." 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- didates. 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- r ME 04