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Wednesday
February 7, 2001

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Attorney, judge

clash

over witness

By Anna Clark
Daily Staff Reporter

DETROIT - After University lawyers
decided not to call standardized testing expert
laude Steele to the witness stand yesterday,
Miranda Massie,
lead counsel for
the intervening fDMISSIONS
defendants, told
U.S. District ON !RIA
Judge his refusal
to subpoena
Steele would
make it "impossi-
e" for her to plead her case.
Steele was originally named as a Universi-
ty witness but was not called because his
expert testimony on standardized testing
would be "unnecessary because of the testi-

monies of the other witnesses," University
Deputy General Counsel Liz Barry said.
Although the intervening defense in the
Law School admissions trial still wanted to
examine him, Steele decided he did not want
to testify.
Massie told Friedman that some means
must be taken to bring Steele's voice to the
court. She suggested a teleconference or
taped testimony to make it more convenient
for Steele, who resides in California, to
speak to the court.
She said the only reason the intervenors
didn't put him on their witness list was
because they expected to see him on the wit-
ness stand when the University called him.
Friedman maintained that Steele cannot be
subpoenaed because he is outside the court's
jurisdiction.
"I have no ability to compel him to be

here," Friedman told Massie, adding that the
intervenors had "months and months" to take
Steele's deposition and chose not to.
Although Friedman closed the matter,
Massie made clear that Steele's testimony
was "essential."
"We can't present our case adequately
without that man's testimony," she said, later
telling the judge that the situation is "com-
pletely unfair and you've made it impossible
for us to make our case."
In other testimony yesterday, Emory Uni-
versity Prof. Martin Shapiro described the
consistent process of defining standardized
test content, selecting specific items on the
test, pre-testing potential questions and vali-
dating the meaning of the test results.
"The testmakers desire to have a high degree
of homogeneity on the test because the test
measures a single attribute," Shapiro said.

Shapiro said test results reveal significant
gaps that deflate the test's credibility for pre-
dicting academic success. He pointed out
that while men receive higher Standardized
Aptitude Test scores, women receive higher
grade point averages as freshmen.
Shapiro, who also testified in admissions
trials in Texas and Georgia, added that the
circular process of generating tests causes
gaps across gender and racial lines to reap-
pear each year.
Center for Individual Rights lawyer Larry
Purdy cross-examined Shapiro, asking why
no one, including Shapiro himself, chal-
lenged the standardized test companies if the
biases were "blatant."
Shapiro said there was never a serious
need because affirmative action programs
offset the gaps in test results.
"The attack on affirmative action makes all

of this relevant and important again,"he said.
Before University of Michigan Law Stu-
dent Connie Escobar finished testifying yes-
terday, both she and the lawyer questioning
her were in tears.
Intervening defense lawyer Jodi Masley
shared tissues with her witness as Escobar
related her struggles as a lower class minori-
ty student.
Escobar was one of three witnesses who
testified for the intervening defense yester-
day in the trial challenging the Law School's
use of race in admissions.
Escobar, whose parents had less than a
first grade education, grew up in a poor
neighborhood in Chicago and spoke Spanish
as her first language.
When attending Amherst College for under-
graduate studies, the college's president told her
See LAWSUIT, Page 7

budget,

('U,

relations

o mayoral agenda

By James Restivo
Daily Staff Reporter
After Ann Arbor Mayor John Hieftje pre-
sented his "State of the City" address Mon-
day night, city officials prepared to meet the
tasks set out for them in the next fiscal year:
the budget, transportation, snow removal,
affordable housing and forming a closer
relationship with the University while
remaining bipartisan.
"Ann Arbor's greatest resource, though,
has always been its people," Hieftje said
Monday. "Utilizing that natural resource, I
believe, is the best way for us to move for-
ward."
"It's going to be a challenge," Council-
woman Wendy Woods (D-Ward V) said yes-
terday. "It's going to require that we build up
some consensus and make some changes."
Hieftje presented the council with a pro-
posal to cut the budget of all programs 4
percent because of increasing expenditures
in the next year. Revenues from the city are
Michigan
ahead in
voting
standards
By Hanna LoPatin
Daily Staff Reporter

estimated at $89.5 million, and the expected
expenditures at the current plan are project-
ed at $93.25 million, leaving an expected
$3.75 million deficit at current funding.
City Administrator Neil Berlin, who will
present the budget to the council at the sec-
ond meeting in April, said he will be work-
ing with council members in the next few
months to assess the cuts.
"We're looking at moderate spending
increases, but we want to keep taxes low and
still provide capital," Berlin said, adding that
he had not addressed the consequences of
cutting funding from programs.
Councilwoman Jean Carlburg (D-Ward
Ill) said the address given by Hieftje reflect-
ed some of the concerns of council.
"I thought it was a factual, accurate
description of the goals and challenges we
face," said Carlburg. "We determined we
wanted to stay within our revenues and this
is the only way."
Hieftje said yesterday he does not feel the
See MAYOR, Page 7

Proposals made by
Mayor John Hieftje
in his "State of the
City" address
N Improve snow removal
performance,
Reduce spending by an average of
4 percent for all programs to avert a
$3.75 million deficit.
8 Increase transportation, including
an easier way for pedestrians and
bicycles to get around.
® Maintain and increase good
relations with the University.
* Increase affordable housing.
Keep open the YMCA for 100
people to stay at affordable prices.

JEFF -HURViTL/ Daily
Jo Fugate of Jackson looks at the folk artistry of the Exhibition of Art by Michigan Prisoners yesterday. The exhibit
on display at the Rackham Galleries through Feb. 21.
ART BEHIND BARS
Art show dedicated to changing
*tereotypes about prison inmates

By Kara Wenzel
For the Daily
In an attempt at breaking stereotypes and demystify-
ing the lives prisoners lead, the University's Prison Cre-
ative Arts Project is holding its 6th annual Exhibition of
Art by Michigan Prisoners beginning this week.
"Because the prison population is mostly poor people
of color, most of us are cut off from them. This is an
&fort to both help the prisoners and help the public
derstand the prisoners;' said Art Prof. and exhibit co-
curator Janie Paul "Many people are ignorant and believe
prisoners are like what they see on TV"
"There is nothing better for communicating humanity

and connecting with people than art," Paul said. "Many
prisoners live year to year for this show. Art can be salva-
tion, a way of digging down into yourself"
Paul and English Prof. Buzz Alexander work with stu-
dents, former students and community members in the
project to bring the arts, including drama, dance, art and
creative writing to prisoners in Michigan.
The show includes more than 200 pieces of art from
approximately 35 prisons. Because the artists themselves
are unable to attend the event, a videotape and guest
book of visitors' comments are circulated from prison to
prison for them to see.
LSA freshman Jackie Bray heard about the event from
See ART, Page 7

Michigan may be at the forefront of election
reforms as the National Association of Secretaries
of State meet in Washington to discuss methods
of preventing the controversial events of the Flori-
da recounts from recurring.
"Michigan is way ahead of the game when it
comes to voting standards," said Liz Boyd,
spokeswoman for Michigan Secretary of State
Candice Miller.
The confusion in Florida over a uniform system
of counting ballots would never have happened in
Michigan, Boyd said. "They don't have the kind
of standards that we do."
The ease with which the recount for the 8th
Congressional District race between Dianne
Byrum and Mike Rogers proceeded is testament
to Michigan's success in having standards for
counting ballots firmly in place, Boyd said.
Some critics have complained that the Quali-
fied Voter File, an electronic voter database, kept
some Michigan voters from properly casting bal-
See REFORM, Page 7

AP -UOTO
Likud Party supporters celebrate Ariel Sharon's victory over Prime Minister Ehud
Barak yesterday at a convention center in Tel Aviv, Israel.
Barwak concedes
defieat to Sharon

Black History Month
relevance questioned

A sea of computers

JERUSALEM (AP) - Tough-
talking former general Ariel Sharon
was projected by exit polls as the
victor yesterday in the election for
Israeli prime minister in the elec-
tion for Israeli prime minister, and
incumbent Ehud Barak conceded
defeat.
Speaking to supporters in a choked
voice, Barak said he called Sharon and
congratulated him. "The voters have
spoken, and I respect their democratic
decision." Barak told a crowd of sever-
al hundred supporters, who shouted
"Thank you, Ehud!"
"Friends, we have lost a battle, but

TV exit polls predicted Sharon won
59.5 percent of the vote to Barak's
40.5 percent. The surveys give poll-
sters a large sample - 50,000 out of
an electorate of 4.5 million.
The first official returns - about 4
percent of the vote, drawn from areas
where Barak is strong - showed
Sharon leading by a smaller margin:
52.2 percent to Barak's 47.7 percent,
election officials said.
Jubilation had broken out at
Sharon's headquarters when the exit
polls were announced, with supporters
whistling, clapping and blowing horns,
waving blue-and-white banners as they

By Maria Sprow
Daily Staff Reporter

Yvonne Butler.
The ASA has no festivities planned
to celebrate the month but is holding
auditions and practices for African

While some students across campus



A -- I