:,N~

WEW

Unl

Friday
December 8, 1995

Weather
Tonight: 36 inches of
snow, low in the 20s.
Tomorrow: 4-7 inches of
snow, high in the 20s.

One hundredflve years ofeditorialfreedom

II

r L 1

I

won't release
details of lawsuit
with comm. prof.
Two sides settle out of court

Murder heaningbegins

By Jodi Cohen
Daily Staff Reporter
The University has settled a contract-
dispute case with communication Prof.
Jonathan Friendly out of court, but is
refusing to release any details of the
settlement.
University lawyers contend that the
settlement agreement reached in late
October cannot be released because of
a provision stipulating non-disclosure
to a third party.
A Freedom of Information Act re-
quest for the out-of-court agreement
filed by The Michigan Daily was de-
nied for privacy reasons, said Univer-
sity Chief Freedom of Information Of-
ficer Lewis A. Morrissey. He said Sec-
tion 13 (1) (a) of the Act protects the
document from being released because
it contains "information of a personal
nature where the public disclosure of
the information wouldl constitute a
clearly unwarranted invasion of an
individual's privacy."
Friendly, directorof the master's pro-
gram injournal ism, sued the University
in July 1994 on two counts, stemming
from communication department en-
dowment funds that he alleged were
misused to pay part of his salary. As a
member of the department, Friendly
cooperated in 1993 with auditors who
were examining endowment spending.
During the case, Friendly alleged that
afterchallenging the Weberand Howard
R. Marsh funds, he suffered both eco-
nomically and non-economically. He
claimed that the University "failed to
timely notify ... that his three-year con-
tract would not be renewed," the com-
plaint states. Instead, Friendly was given
a one-year contract "containing less
desirable terms and conditions."
The second count alleged that the
University's refusal to renew Friendly's
contract violated the Whistleblower
Protection Act, which protects an em-
ployee who reports to a "public body"
an alleged wrongdoing by their em-
ployer.
After months of pre-trial testimony,
piles of submitted evidence and most
16 students
charged
under
EMU code
By Lenny Feller
Daily Staff Reporter
The halftime protest during a basket-'
ball game Monday at Eastern Michigan
University's Bowen Fieldhouse has led
to charges against 16 EMU students for
violating the university's student code.
The students are but a small part of
the contingent that delayed the second
half of the EMU-San Francisco State
basketball game by more than 30 min-
utes.
EMU officials said that at least 60
people participated in the rally, which
was organized to show support for EMU
student Aaron Johnson, 21, who faces
trial on charges of aggravated assault
and obstruction ofjustice during a fight
inside a campus dormitory on Nov. 6.
To identify the more than 60 indi-
viduals, administrators are reviewing
films and photos of the protest and
talking to eyewitnesses. At least 10
protesters have been identified as indi-
viduals not enrolled at EMU. School
officials believe a significant number

of other demonstrators also were not
students.
Following the code's stated policy,
letters will be sent to the 16 identified

recently the University's request for
summary disposition, Circuit Court
Judge Kurtis T. Wilder decided in late
October to dismiss the second count.
But, in his opinion, Wilder wrote that
the first count should go to trial. "The
disputed testimony concerning state-
ments made by (LSA Dean Edie)
Goldenberg and (former communica-
tion department acting chair L. Rowell)
Huesmann, as well as the timing and
meaning of any such statements made,
raises issues of material fact which pre-
clude summary disposition as to Count
I," he wrote.
Wilder said the Whistleblower Pro-
tection Act was inapplicable in this
case. Friendly claimed the case fell
under he act because he had reported
his grievance to Regent Philip Power
(D-Ann Arbor), who he said represented
a "public body."
Citing a Michigan Court of Appeals
decision,Wilder wrote that Friendly "re-
ported only to his employer, the Uni-
versity of Michigan, and not to a higher
authority." Wilder said he dismissed
the count because he did not consider
Power to be a "public body."
A few days after Wilder's decision,
the two sides settled out of court and
Wilder agreed to dismiss the case.
As part of the settlement agreement,
the two sides agreed not to disclose
information to another party.
"Why FOIA does not supercede (the
agreement), you have to talk to (Uni-
versity General Counsel Elsa Cole)."
Associate Vice President for Univer-
sity Relations Lisa Baker said Cole was
unavailable for comment yesterday.
Both parties must agree to release any
details of the agreement, Baker said,
adding that the University has not yet
contacted Friendly's attorney, James
Fett.
Friendly said in an interview this
week that both sides were "mutually
satisfied," but he would not comment
further.
Friendly will not be teachin'g at the
University after the winter 1996 semes-
ter.

SARA STILLMAN/ Daily
Dale Lipke and LSA sophomore Crystal Lujan, who are accused of murder, arson, and other charges, remain somber during their preliminary hearing yesterday.
Prosecution witnesses recount bizarre story

By Josh White
Daily Staff Reporter
LSA sophomore Crystal Lujan, who
is accused of murder, wanted "to pay
some girls to beat (her ex-girlfriend)
and cut her hair and smash her com-
puter," a witness said in riveting testi-
mony yesterday.
Another witness said Lujan planned
'to ice someone" and that Lujan LIter
gave detailed accounts of how a man
had been bound with tape and beaten to
death with a sledgehammer and flash-
light.
Lujan and Dale Lipke. 23. face mul-
tiple charges in connection with a bru-

tal Superior Township murder in Sep-
tember and a Vera Baits II residence
hall fire a few days later.
Judge Elizabeth Pollard Hines lis-
tened to prosecution witnesses in
Washtenaw County Courthouse yes-
terday as part of Lujan's preliminary
hearing on counts of carrying con-
cealed weapons, assault with intent to
murder. arson, open murder, felony
murder and conspiracy to commit
felony murder. Lipke faces similar
charges..
H ines scheduled the hearing to con-
tinue at 9:15 a.m. today, when pros-
ecutors will present additional wit-

nesses, and Hines may decide which,
if any, of the charges will be bound
over for trial.
For more than eight hours, witnesses
painted a gruesome picture of the third
week of September.in which Lujan and
Lipke allegedly planned and carried out
a plot to rob and kill Daniel Rice. a
Superior Township man who had
worked with Lujan. They then alleg-
edly set fire to his home. That same
week, Lujan allegedly paid two women
to assault School of Music first-year
student Erika Banks, who lived in Baits,
and then Lujan and Lipke allegedly set
fire to Banks' room, intending to kill

her.
The week begins
Carlina Harrison, a friend of Lujan,
said the chain of events began the night
of Friday, Sept. 15.
"She would talk about Erika almost
every day," Harrison said, referring to
the fact that Lujan and Banks had just
ended a relationship. "She would say
that she wanted to kick her as or have
someone kick her ass. She also wanted
(Banks') hair cut ... because it would
hurt her because Erika cherishes her
hair."
See HEARING, Page 14A


Clinton offers third
spending plan of'95
Bid would cut welfare by another $15B

Los Angeles 'Times
WASHINGTON - In a new bid to
crack the budget stalemate, President
Clinton yesterday formally offered his
third omnibus spending plan of the
year, a 1,000-page document that
would eliminate the deficit in seven
years by squeezing a whopping 20
percent from
lower-priority do-
mestic programs.
Responding to
GOP demands for
specific spending
cuts, Clinton laid,
out a $465-billion
savings inventory
that would leave
almost untouched -
the administra-
tion's top-priority
programs for education and the envi-
ronment, Medicare and Medicaid, as
well as a $98 billion tax cut package.
But it would pare an additional $15
billion from welfare spending, and save
another $36 billion from lower cost-of-
living raises for Social Security recipi-
ents and others. The revised budget would
carve deeply into hundreds of lower-
priority domestic spending efforts, prob-
ably including highways and mass tran-
sit, housing, energy and arts funding,

some budget experts predict.
"We presented on behalfof the Demo-
crats a seven-year proposal to achieve
balance and protect the priorities the presi-
dent is concerned about." said White
House Chief of Staff Leon Panetta.
But the Republicans lost no time re-
jecting the plan. "This is a tremendous
disappointment, and frankly they have
got to come back to the table," said
House Budget Committee Chairman
John Kasich (R-Ohio).
The Clinton budget plan basically
squeezes the essentials ofClinton's pre-
vious 10-year deficit-cutting program
into seven years. to match the deficit-
cutting achieved in the omnibus plan
the Republicans shepherded through
Congress last month.
Clinton's budget and the Republican
version, which cuts more deeply into
future entitlement spending, will now
become the basis for face-to-face nego-
tiations to complete the year-end spend-
ing legislation that is already two months
overdue.
Clinton's plan slices only $465 bil-
lion to eliminate the deficit, compared
to the GOP's $812 billion, because it
assumes that higher future govern-
ment revenues and lower expenses
will make the extra savings unneces-
sary.

NOPPORN KICHANANTHA/Daily

Ann Arbor residents have started to decorate their homes with wreaths from the Farmer's Market.
Even during s wee stdents


stock up on
By Kate Glickman
Daily Staff Reporter
Tess Raymo, manager of Middle
Earth, shuffles around customers as she
rearranges merchandise shipped in for

gifts, cheer
Saturday before Christmas to start buy-
ing," Ladd said, "after exams are over."
Students, busy studying for exams,
decorate their rooms and look forward to
a break when they can see their families.

Chiims

feels good to be surrounded by family
and friends and people that you know
care about you."
Business junior Jessica Scoon said she
has managed togo shopping forhermother

i


i

f