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One hundred four years of editorialfreedom

Summer
Weekly

Wednesday
June 28, 1995

State
I'emoves
70-30
request
y Ronnie Glassberg
aily Editor In Chief
The state Legislature approved a
budget earlier this month that will in-
crease support to the University by 3 per-
cent and provide an additional $8 million
from a likely budget surplus.
In the same action, the Legislature
also removed language that requested
non-resident enrollment remain below
30 percent.
Including the surplus funds, the Uni-
ersity will receive a 6-percent funding
increase, compared to a 2.3-percent in-
crease last year.
"I'm pleased with the legislation we
eventually ended up with," said Univer-
sity President James J. Duderstadt.
"While I did not relish another year of
subinflationary increases, we have re-
ceived (additional funds)."
State Rep. Morris Hood (D-De-
troit) had added an amendment to the
ouse bill that would have put the
University's increased appropriation in
escrow hecause non-resident enroll-
ment had risen above 30 percent. The
Legislature had requested these levels,
but cannot enforce it because of the
University's autonomy under the state
constitution.
The House approved legislation with
Hood's amendment, but the Senate did
not include the penalty.
0 In conference, the clause that re-
quested non-resident enrollment remain
below 30 percent was removed from the
final legislation, and which did not in-
clude the Hood amendment. Duderstadt
expressed satisfaction with this move.
"We also have somewhat more con-
structive language with respect to our
ron-resident enrollment," Duderstadt
said. "I would like if possible to sustain
those historical numbers. The balance
etween residents and non-residents is
etermined by size of pools and quality."
In a good-will gesture, the University
accepted 333 Michigan residents from its
wait list for admission before the Legis-
lature voted on the final bill.
"I think we need to demonstrate our
seriousness to the Legislature for enroll-
ing Michigan residents," said Vice Presi-
dent for University Relations Walter
Harrison. "We believe we serve the state
1 SEE FUNDING, PAGE 7

Mitchell found
guilty of local
rapes, murder

By Scott Bishop
Daily Staff Reporter
On the final day of accused rapist and mur-
derer Ervin D. Mitchell Jr.'s trial, Washtenaw
County Prosecutor Brian Mackie told the jury
that their decision, from his perspective, was
clear.
"I will suggest to you that with the over-
whelming evidence in this case, anything other
than guilty as charged on all five counts is not
justice," he said.
The jury concurred, convicting Mitchell of
four counts of first-degree criminal sexual con-
duct and one count of first-degree murder.
Mitchell's sentencing is scheduled for July 13,
and he faces mandatory life imprisonment for
the murder conviction and potential life terms
for each sexual assault crime.
The University community and the city re-
acted to the verdict with guarded relief, strenu-
ous objection and apathy.
Joyce Wright of the Sexual Assault Pre-

vention and Awareness
Center urged continued
caution even following the
conviction.
"There is a sense of re-
lief that the trial has come
to a conclusion and that
this person is off the
streets. ... Even in light of 4
this you need to be aware.
This is only one rapist tha Mite
is (no longer) out on the
street," Wright said.
Department of Public Safety Spokeswoman
Elizabeth Hall of the said that DPS has been
concerned and was relieved that the case has
concluded.
"We feel that due process was granted to
Mr. Mitchell and we're satisfied with the out-
come of the trial," Hall said.
Additionally, Hall expressed hope that the
SEE MrrciEI, PAGE 15

The circus comes to town
A parade promoting the Royal Hanoford Circus marched through
the streets of Ann Arbor on Friday.

He can come to Ann Arbor, he can post on the Internet, and he doesn't have to live at home with his mother"
- David Cahill, Jake Baker's attorney
Judge tosses out federal suit against Baker
'U ' Internet sex 'The Case against Jake Baker

writer may sue to
return to school
By Patience Atkin
Daily News Editor
The Internet may never be the same.
In an opinion handed down on June 21, U.S. District
Court Judge Avern Cohn dismissed all charges against
Jake Baker, a former University student who was ar-
rested on February 9 for transmitting threats in interstate
or foreign commerce.
"Whatever Baker's faults, and he is to be faulted, he
did not violate (the law)," Cohn wrote.
"There is no case for a jury because the factual proof
is insufficient as a matter of law," Cohn continued. "The
government's enthusiastic beginning petered out to a
salvage effort once it recognized that the communica-
tion which so much alarmed the University of Michigan
officials was only a rather savage and tasteless piece of
fiction."

A University aurn in Moscow tells the University about a '
sexual fantasy story that originated from a University
account.
9: The FBI arrests Baker. He is charged with one count of
criminal transmission of a threat.
15: Charges changed to five counts of transmitting threats.
No charges relate to the stories of rape and torture he posted Baker
using the name of a University student.
ore te ppeals court judge releases Baker on a personal recognizance
bond.

E, E
Judge Avern Cohn wrote
he based the opinion on
several factors:
The alleged threat was
not specific enough.
Discussing desires is not
necessarily threatening
to act on those desires,
Talking about a
kidnapping is not
punishable unless there
is a specific expression
of intent.

Baker was to stand trial for charges based on e-mail
messages exchanged with an unidentified party in
Ontario known only as Arthur Gonda. The messages
detailed Baker's violent sexual fantasies about women.
"The case has been completely dismissed," said
David Cahill, one of Baker's attorneys. "His bonds have
been cancelled, he can come to Ann Arbor, he can post
on the Internet, and he doesn't have to live at home with
his mother."
In the eyes of the defense, the dismissal is a more

favorable outcome than a verdict of "not guilty.'
"A dismissal is better because it says the govern-
ment didn't even have enough evidence to bring it to a
jury," Cahill said. "It's the best kind of dismissal, be-
cause it was dismissed on merit and constitutional ba-
sis."
Although Baker would not comment, he did issue a
statement on June 22. "Free speech is the hallmark of
any enlightened civilization," he wrote. "It is the first
SEE BAKER, PAGE 14

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