The Michigan Daily - michigandaily.com Wednesday, October 3, 2012 - 3A The Michigan Daily - michigandailycam Wednesday, October 3, 2012 - 3A NEWS BRIEFS DETROIT Police don't find Jimmy Hoffa Like many others that came before it, the latest search for for- mer Teamsters boss Jimmy Hoffa has come up empty. Tests on soil samples gathered last week from a backyard in sub- urban Detroit showed no traces that Hoffa - or anyone else - was buried there, Roseville police announced Tuesday. "Our department just received the soil sample report from Michigan State Univer- sity, after a battery of tests; the samples submitted for examina- tion showed no signs of human decomposition," the police statement read. "As a result of these tests the Roseville Police Department will be concluding their investigation into the pos- sible interment of a human body upon the property." EL PASO, Texas School district rebuilds after fraudulent testing EL PASO, Texas (AP) - Dur- ing his sophomore year, Jose Avalos was urged by a principal to drop out of high school. The next year, his brother was told to do the same after entering the 10th grade. A third Avalos brother shared the same fate in 2009. Administrators at Bowie High School cited excessive tardi- ness in their efforts to remove the siblings. But now the broth- ers suspect they were targeted for an entirely different reason: The district was trying to push out hundreds of low-performing sophomoresto prevent them from taking accountability tests. The scheme was designed to help El Paso schools raise academic stan- dards, qualify for more federal money and ensure the superin- tendent got hefty bonuses. TRAVERSE CITY, Mich. Feds back research to stop Great Lakes invasion Federal grants will support stepped-up research into ways to prevent invasions of the Great Lakes by foreign animal and plant species, with special emphasis on refining techniques that detect their DNA in the water, officials said Tuesday. The U.S. Environmental Pro- tection Agency said it was dis- tributing $8 million among 21 universities and nonprofit orga- nizations for invasive species research studies. In addition to warding off future attacks, the projects will develop alarms to signal when invasions are start- ing and new methods of control- ling those already under way. "These projects will improve the environmental health and economic vitality of the world's largest freshwater system," said Susan Hedman, chief of EPA's regional office in Chicago. ALGIERS, Algeria Human rights activist arrested A member of a leading human rights organization has been beaten and arrested in a southern Algerian city. The lawyer for Yacine Zaid said Tuesday that his client had been punched and beaten by police when they arrested him at a road block in Ouargla, 700 kilometers (435 miles) south of the capital. The lawyer, Sidhoum Mohamed Amine, said Zaid was arrested Monday on the ground that he had shown a lack of respect for police. The daily El Watan reported that Zaid would go on trial Mon- day for "humiliating" and "strik- ing a police officer." The paper quoted an eyewitness, Abdel- malek Aibek Eg Sahli, a represen- tative of a hotel union, as saying that Zaid "wasn't aggressive and I don't see why he is accused of that." -Compiled from Daily wire reports Affirmative action doesn't increase college diversity, new report says Somali fighters display the Somali national flag from the former control tower of the airport in Kismayo on Tuesday. Kenyan army invadoes Kismayo takes power Army says it is now in command of last Somali city in rebellion NAIROBI, Kenya (AP) - Allied African troops have taken full control of Kismayo in Somalia, the last stronghold of Islamist rebels who have been fighting against the country's internationally backed govern- ment, a Kenyan military official said Tuesday. Remnants of the militants, known as al-Shabab, executed seven civilians who did not support them in the southern part of Kismayo on Monday, the Kenyan military said. Kenya Defense Forces and the Somali National Army are now patrolling the streets of Kismayo, Kenyan military spokesman Maj. Emmanuel Chirchir said through Twit- ter. He said that the troops had secured the city's central police station and the new airport. He said military aircraft will start landing there. Kenyan troops invaded the southern Somali city of Kis- mayo early Friday, and al-Qai- da-linked al-Shabab announced soon after that their forces were leaving the lucrative port town. After years of bloody street- by-street warfare, African Union troops from Uganda and Burundi pushed al-Shabab out of Somalia's capital of Moga- dishu in August 2011. The AU troops have since taken over towns outside of Mogadishu as well. Kenyan forces invaded Somalia late last year, and have been moving slowly toward Kismayo. The once-powerful al-Sha- bab spent years defending its Mogadishu territory, but since being forced out it has chosen to retreat from towns when challenged by African Union forces or Ethiopian troops who moved into western Somalia earlier this year. Allied African troops sent by the African Union are helping Somalia's fragile government to restore order to the failed state that has been in chaos since warlords overthrew a longtime dictator in 1991. Analysts expect that now that al-Shabab has been forced from all of Somalia's major cities, the group will resort to guerrilla tactics such as suicide attacks and roadside bombs. Al-Shabab claimed through Twitter Tuesday that it had set off huge explosions targeting allied troops and killed scores attempting to enter a regional administra- tion building. But the Kenyan forces dis- puted al-Shabab's claim. Bomb experts had simply detonated improvised explosive devices planted at the new airport, said Kenyan army spokesman Chirchir. Residents in Kismayo said a hand grenade had been thrown at a Somalia government vehi- cle and exploded without caus- ing any casualties. Claims about fighting in Somalia are difficult to verify. The Kenyan military also said the Somali National Army arrested an al-Shabab militant who wanted to detonate a bomb targeting the troops. Outreach, changes in policy account for diversity As the Supreme Court revis- its the use of race in college admissions next week, critics of affirmative action are hope- ful the justices will roll back the practice. A new report out Wednesday offers a big reason for their optimism: evidence from at least some of the nine states that don't use affirma- tive action that leading public universities can bring mean- ingful diversity to their cam- puses through race-neutral means. That conclusion is vigor- ously disputed by support- ers of race-based affirmative action, including universities in states like California which cannot under state law fac- tor race into admissions deci- sions. The new report, by the Richard Kahlenberg, a senior fellow at the Century Founda- tion and prominent advocate of class-based affirmative action, calls those states' race-neutral policies largely successful. The University of California and others call them a failure that's left their campuses inad- equately representative of the states they serve. Kahlenberg also acknowl- edges that highly selective universities like UCLA and the Universities of California- Berkeley and Michigan haven't recovered from drop-offs in minority enrollments after voters in those states outlawed racial preferences. But in most places, the report argues, a combination of mea- sures - aggressive outreach, de-emphasizing of standard- ized tests, affirmative action based on class instead of race, and even getting rid of legacy preferences that mostly benefit whites - has allowed minority representation on their cam- puses to recover to previous levels. Seven states have banned racial preferences in admis- sions outright - Washington, Michigan, Nebraska, Arizona, New Hampshire, Californiaand Florida. In Texas and Georgia leading public universities use a race-neutral system, though the University of Texas has main- tained some use of affirmative action. It's that policy at UT that's now before the court in a casebroughtbyAbigail Fisher, a rejected white applicant. Argu- ments are next Wednesday. In its last two major affirma- tive action decisions, in 1978 and 2003, the court essentially took universities at their word when they argued it's impos- sible to achieve adequate racial diversity without factoring race into admissions. But in the 2003 decision, involving the Univer- sity of Michigan, the court also indicated it would pay close attention to race-neutral exper- iments in the states to make sure racial preferences were really necessary to achieve diversity. This time around, the swing vote is likely Justice Anthony Kennedy, who dissented in the case nine years ago, precisely because he believed colleges need to try harder to achieve diversity by other means before resorting to racial preferences. "It's the central question in Fisher: whether race-neutral alternativeswill work," Kahlen- berg said. Kahlenberg says the state data, compiled by Halley Potter, shows they do. At the University of Wash- ington, for instance, black and Latino enrollment fell after the use of race was banned but has since surpassed previous lev- els. At the University of Florida, Hispanic enrollment is higher and black enrollment is compa- rable to before race was banned (though the report's figures show black enrollment has fall- en lately from nearly 15 percent to below 10 percent). Pope's butler declares innocence in charges of aggravated theft Assistant says he made photocopies in broad daylight VATICAN CITY (AP) - Pope Benedict XVI's onetime but- ler declared Tuesday he was innocent of a charge of aggra- vated theft of the pope's private correspondence, but acknowl- edged he photocopied the papers and said he feels guilty that he betrayed the trust of the pontiff he loves like a father. Paolo Gabriele took the stand Tuesday in a Vatican court- room to defend himself against accusations of his role in one of the most damaging scandals of Benedict's pontificate. Pros- ecutors say Gabriele stole the pope's letters and documents alleging power struggles and corruption inside the Vatican and leaked them to a journal- ist in an unprecedented papal security breach. Gabriele faces four years in prison if he is found guilty, although most Vatican watch- ers expect he will receive a papal pardon if he is convicted. During Tuesday's hear- ing, Gabriele's attorney com- plained that her client spent his first 20 days in Vatican detention in a room so small he couldn't stretch his arms out and with lights kept on 24 hours a day. Vatican police swiftly defended their treat- ment of Gabriele, but the Vatican prosecutor opened an investigation regardless. Prosecutors have said Gabri- ele, 46, has confessed to leaking copies of the documents to Ital- ian journalist Gianluigi Nuzzi, because he wanted to expose the "evil and corruption" in the church. They quoted him as saying in a June 5 interrogation that even though he knew tak- ing the documents was wrong, he felt inspired by the Holy Spirit "to bring the church back on the right track." Judge Giuseppe Dalla Torre asked Gabriele on Tuesday if he stood by his confession. Gabri- ele responded: "Yes." Asked, though, by his attor- ney Cristiana Arru how he responded to the charge of aggravated theft, Gabriele said: "I declare myself innocent con- cerning the charge of aggravat- ed theft. I feel guilty of having betrayed the trust of the Holy Father, whom I love as a son would." He insisted he had no accom- plices, though he acknowledged that many people inside the Vatican, including cardinals, trusted him and would come to him with their problems and concerns. He said he felt inspired by his faith to always give them a listen. He acknowledged he photo- copied papal documentation, but insisted he did so in plain view of others and during day- light office hours, using the photocopier in the office he shared with the pope's two pri- vate secretaries. The trial opened over the weekend inside the intimate ground-floor tribunal in the Vatican's courthouse tucked behind St. Peter's Basilica. Dalla Torre has said he expects it to be over within three more hearings. In addition to Gabriele, the court heard Tuesday from four witnesses, including the pope's main private secretary, Mon- signor Georg Gaenswein, who along with Gabriele was the closest assistant to the pontiff. Gaenswein testified that he began having suspicions about Gabriele after he realized three documents that appeared in Nuzzi's book could only have come from their shared office. "This was the moment when I started to have my doubts," Gaenswein said. The book, "His Holiness: Pope Benedict XVI's private papers," became an immedi- ate blockbuster when it was published May 20, detailing intrigue and scandals inside the Apostolic Palace. The leaked documents seemed primar- ily aimed at discrediting Bene- dict's No. 2, Cardinal Tarcisio Bertone, often criticized for perceived shortcomings in run- ning the Vatican administra- tion. Gaenswein said as soon as he read the book, he immediately asked the pope's permission to convene a meeting of the small papal family to ask each mem- ber if he or she had taken the documentation. One member, Cristina Cer- netti, one of the pope's four housekeepers, told the court she knew immediately that Gabriele was to blame because she could exclude without a doubt any other member of the family. In an indication of the respect Gabriele still feels for Gaenswein, he stood up from his bench when Gaenswein entered the courtroom and then again when he exited. Gaens- wein seemed to not acknowl- edge him. The trial resumes Wednes- day with the testimony of four members of the Vatican police force who conducted the search of Gabriele's Vatican City apart- ment on May 23. In testimony Tuesday, two police officers said they discovered thousands of papers in Gabriele's studio, some of them originals. During the testimony, the lawyer Arru complained about the conditions . under which Gabriele spent his first 20 days in detention - conditions which Gabriele said contribut- ed to his "psychological depres- sion." Dalla Torre asked the pros- ecutor to open an investigation, which he did. Mich. legal system in overdrive before Nov. State Supreme Court hears six ballot proposals DETROIT (AP) - The November ballot in Michigan will be peppered with measures that endured legaltussles justto make it there, and some politi- cal observers say they can't remember an election where courts played such a major role. Several high-stakes bal- lot proposals were challenged all the way to the Michigan Supreme Court. The justice system also had a role in a west Michigan state lawmaker's party switch and a longtime congressman's decision not to run again after staffers were accused of falsifying petition signatures. Some argue there's nothing improper about people turn- ing to the court system to fight for what they believe are their rights, but others contend the electorate can become polar- ized when litigation merges with policymaking. "It really points to the divi- siveness and severe parti- sanship we see in Lansing, Washington, D.C., and gener- ally divides the politics among us," said Eric Lupher, director of local affairs for the nonprofit, nonpartisan.Citizens Research Council of Michigan. "This year, I think we can probably argue that the planets are align- ing... (and) that draws attention to these things." At the front of the litigation line are the six ballot proposals spawning a raft of attacks and counterattacks in courtrooms as well as in the media. The state's highest court last month approved three: whether to strengthen collective bargain- ing rights, allow construction of bridges a'nd tunnels to Canada, and require a supermajority in the Legislature to raise taxes. Each would amend the Michi- gan Constitution - a concern for critics. "Special interests have kind of hijacked, in my view, what was intended by the writers of the 1963 constitution. Most of them literally are going to require a whole bunch of new lawsuits to resolve if any of them pass," said Bill Rustem, senior policy adviser to Gov. Rick Snyder. "Everybody who's got a special interest has dis- covered the way to get your idea done. ... If you can't deal with representative democracy, you just hire people to gather signa- tures for you." Still, not everyone sees ram- pant polarization or problems with the system, even as they acknowledge the high number oflitigation-fueledballotissues. "Our constitution provides for referenda and initiatives, which I think is good," Michi- gan Attorney General Bill Schuette said. "This is people speaking their minds in many cases. Is it perfect? No, but it's the best system going." Signature-gathering is at the heart of another legal battle brewing in the run-up to the election. Four ex-campaign staffers of former Michigan U.S. Rep. Thaddeus McCotter were charged in August with forging or falsifying signa- tures on nominating petitions a month after his resignation. He wasn't charged, but Schuette said McCotter was "asleep at the switch." Oki 4 I 4 1