FRIDAY, MARCH 7, 2003 NEWS THE UNIVERSITY DAILY KANSAN - 7A Lawsuit: Magazine sales deceptive The Associated Press OLATHE — A lawsuit against two companies that sell magazines door-to-door accuses their employees of dishonest sales pitches. The civil action, filed Wednesday by Johnson County District Attorney Paul Morrison's office, claims prospective buyers were falsely told that a portion of the subscription price would benefit hospitals or youth sports teams. The civil lawsuit accuses Uti. mate Power Sales Inc. and United Family Circulations Inc., both based in Georgia, of lying to at least 32 customers in August, September and October. Prosecutors are asking a judge to order the companies to give refunds to customers, pay $10,000 to $20,000 for each alleged violation of the Kansas Consumer Protection Act, and stop doing business in Johnson County. Attorney Donna Kemp of Norcross, Ga., who represents both companies, was not immediately available for comment. Kathleen Pauli, who is listed as a victim in the petition, said a young man told her he was raising money for a community soccer team when he knocked on her door in Shawnee. She wrote a check for about $30 for a subscription to Cycle World. She considered the subscription expensive, but the salesman said part of the money would pay for his team's trip. live in her neighborhood as he had claimed, she canceled the check. When she realized that he didn't "If it's falsely reported that they're supporting a team, that's not fair," she said. "It hurts the kids who are really supporting fund-raisers." Under Kansas law, door-to-door salespeople must give customers a form with their supplier's name and address. The form must tell customers that they can cancel the sale within three days, and the salesperson also must mention the cancellation period. American Taliban attacked in prison The Associated Press SAN FRANCISCO — John Walker Lindh, the American imprisoned for taking up arms for the Taliban in Afghanistan, was attacked by a fellow inmate, his lawyer said yesterday. Law enforcement authorities confirmed the 21-year-old Lindh was attacked but would not disclose a possible motive. The incident happened Mon day night at the medium-security federal prison in Victorville as Lindh was preparing to pray, said his lawyer Tony West. "Our understanding is that the inmate tackled John and began hitting him while screaming obscenities before running off," West said in a statement. Lindh suffered a bruise on his forehead, the lawyer said. the lawyer said, "John is fine," West said. "He's in very good spirits." A law enforcement official, speaking on condition of anonymity, said: "It was a minor incident, a prison fight. He got a little scraped up, but he's fine. One guy was picking on him." The official had no information on Lindh's attacker. The FBI said yesterday it was investigating. The investigation began after the San Bernardino County Sun received an anonymous tip Tuesday. newspaper that John Lindh Walker, who is incarcerated in Victorville, was assaulted this night by a white supremacist organization that is imprisoned there. Thank you," the male caller said in a voice message. "Yes, I'd like to inform your Lindh was sentenced in October to 20 years in prison after pleading guilty to supplying services to Afghanistan's Taliban government and carrying explosives in commission of a felony. NASA official says he warned of disaster The Associated Press HOUSTON — A former NASA official who led a study three years ago that faulted the way the agency deals with safety risks told the Columbia investigation board yesterday that some of the very problems he warned about appear to have played a role in the shuttle disaster. Henry McDonald, an engineering professor, was a witness as the investigation board held its first public hearing on what caused the shuttle to break up over Texas on Feb. 1, killing all seven astronauts. McDonald said he was disappointed the space agency did not adopt more of his team's recommendations. He noted that the same type of communication breakdown he warned about seems to have hindered engineers who evaluated damage to Columbia's left wing by launch debris and concluded the shuttle and its astronauts were safe. "It's a replay." McDonald told reporters after addressing the board. McDonald said that the system used by NASA to assess shuttle flight risk was flawed and that there seemed to be a perception among workers that "if I've flown 20 times, the risk is less than if I've flown just once." He said he tried to convince engineers and managers that this was not true, unless actual steps were taken to reduce the risk. NASA depended on an archaic database system for logging shuttle problems, and so it was difficult if not impossible for top-level managers to quickly know the history of any particular issue. McDonald told the board at the sparsely attended hearing. Band says club owner allowed pyrotechnics The Associated Press PROVIDENCE, R.I. — An attorney for Great White disputed claims yesterday that the band made a habit of using pyrotechnics without notice and said it had verbal permission to use the effects blamed for starting a nightclub fire that killed 98 people. Attorney Ed McPherson said tour manager Dan Biechele always made sure he spoke with each club to get permission because pyrotechnics were a new part of the heavy metal band's act and were not included in some of the contracts. Biechele got verbal permission from club co-owner Michael Derderian about a week before the Feb. 20 fire at The Station, the attorney said. Derderian owned the West Warwick club along with Jeffrey Derderian, his brother. Jeffrey Derdierian's lawyer, Jeff Pine, said Biechele and Michael Derderian did talk by phone about a week before Great White's show at The Station. But Pine said the subject of pyrotechnics was never broached by Biechele. "It absolutely wasn't discussed," he said. "They talked about what kind of food and other provisions and specialty items the band needed — towels, food and certain arrangements — and there was absolutely no mention of pyrotechnics." Biechele has not commented publicly since the disaster. His attorney, Thomas Briodv, declined to comment. A grand jury is investigating whether criminal charges should be filed in the fire, which also injured nearly 190 people. Authorities are investigating whether the club had illegal, highly flammable soundproofing on the walls as well as the circumstances surrounding the pyrotechnics. McPherson said pyrotechnics are not mentioned in either the band's contract with the club or in a "tour rider"—an addendum to the contract because those documents were signed in December. He said the band did not decide to use pyrotechnics on its tour until sometime in January "to spruce it up a little bit." "One of the big reasons why (Biechele) made certain he spoke to them orally is because it was not in the rider and he wanted to make sure he had permission from every single club," McPherson said. Biechele had considerable experience handling pyrotechnics as tour manager for WASP, another '80s heavy metal band, McPherson said. He said he didn't know if Biechele had any special training in pyrotechnics. According to court documents, Biechele told investigators the paperwork from the booking of Great White's concert at The Station burned in the fire. However, Biechele said he did have generic forms stating the band's terms and conditions, including the use of pyrotechnics. 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