NATION UNIVERSITY DAILY KANSAN
Wednesday, March 17, 1993
7
Three convicted in rape of mentally retarded teen
The Associated Press
NEWARK, N.J. — A jury convicted three young men yesterday of raping a mentally retarded teen-ager, ruling she was incapable of giving informed consent to sex. A fourth defendant was convicted of a lesser charge.
After a five-month trial and eight days of tense deliberations, the jury found that Christopher Archer and fraternal twins Kevin and Kyle Scherzer sexually assaulted the girl, who has an IQ of 64 and the social skills of an 8-year-old.
The defendants had maintained that she instigated the sex acts.
The three inserted a broom, baseball bat and stick into the young woman's vagina.
The verdict creates ground rules for future cases involving the mentally retarded, said Deborah Denno, a law professor at Fordham University and specialist in rape law.
"This was a very difficult case and now it's on the books to be made clear that people who engage in sex with mentally defective people proceed at their peril," Denno said.
The incident occurred March 1, 1988, in the basement of the Scherzer home in the affluent New York suburb of Glen Ridge. The young woman was 17 then; the four defendants were high school football teammates.
Archer, 21, and the Scherzers, 22, were convicted of first-degree aggravated sexual assault involving force or coercion. The jury also convicted Archer and Kevin Scherzer of a second identical count, saying they should have known the woman was mentally defective.
The jury found Bryant Grober, 21, guilty only of a third-degree count of conspiracy, and acquitted him of eight other charges.
The panel acquitted Kyle Scherzer of three counts of aggravated sexual assault, and Archer and Kevin Scherzer on two of those counts.
Central to the case was the prosecution's claim that the young woman lacked the capacity to understand her actions. Defense attorneys contended that the young woman wasn't mentally retarded and that she consented to all of the sexual acts.
Senate might challenge plan to create jobs for economy
The Associated Press
WASHINGTON — Conservative Democrats pursued support for trimming President Clinton's jobs package yesterday as party leaders prepared to move the first parts of the White House's economic plan through Congress.
Similar House and Senate outlines for $500 billion in deficit reduction embodying Clinton's priorities seemed ready to win approval in both chambers. House passage was expected tomorrow with the Senate following late this week or next — despite solid Republican opposition.
"In terms of its focus, its dimensions, the spirit of the proposal, we are strongly, strongly in support of Clinton's budget plans," House Speaker Thomas Foley. D-Wash, told reporters.
But the administration's $16 billion job creation package — rushing money to public works projects, summer jobs for youths and other projects — seemed to be in some jeopardy, particularly in the Senate. Conservative Democrats were worried that the expenditure would upset voters believed to be more eager to shrink the
The administration stood by its $16 billion package, which the administration says would create 219,000 jobs for road workers and others this year alone.
federal deficit.
"The president believes the stimulus package is needed now, and the investment that's called for is needed and should be passed as quickly as possible by the Congress," White House spokesperson George Stephanopoulos said.
But in the Senate, John Brouax, D-La., and others said about 15 of the chamber's 57 Democrats are reluctant to support the full $16 billion without a chance to vote first on deficit reform. That package of tax increases and spending cuts will not be ready until at least May.
Breaux's vote count would spell trouble for Democratic leaders, who can afford to lose few Democrats and retain a majority in the 100-member Senate.
"I have a real concern that the whole thing could go down if we try to pass it now and do the cuts later," Breaux said in an interview.
BRIEFS
Sixth body found at World Trade Center
NEW YORK — Searchers in the rubble beneath the World Trade Center found the body of a hotel purchasing agent who was last seen in the parking area minutes before the bomb exploded. The death toll was raised to six.
The body of 37-year-old Wilfredo Mercado — the last missing victim — was found Monday, more than two weeks after the blast. The first five victims were found within hours of the explosion on Feb. 26 under the 110-story twin towers.
Cult leaders meet with FBI agent
WACO, Texas — Negotiators for the first time met face-to-face with leaders of the armed and barricaded Branch Davidian religious cult, the FBI said yesterday, the 17th day of the standoff.
Cult leader David Koresh did not participate in Monday's meeting, which centered on the health of some cult members, legal issues and messages, said FBI agent Dick Swensen.
Swensen said Steve Schneider, Koresh's top deputy, and cult member Wayne Martin, a Harvard educated lawyer, met for an hour outside the compound with an FBI negotiator and McLennan County Sheriff Jack Harwell.
WASHINGTON President Clinton yesterday approved emergency snow removal funds for eight more states hard hit by heavy snowfall.
Clinton OKs emergency snow aid
Connecticut, Georgia, Kentucky, Maine, Maryland, Massachusetts, New Hampshire and Rhode Island will now receive federal money to cover five days of snow removal.
In the matching assistance program administered by the Federal Emergency Management Agency, the federal government contributes 75 percent of the snow removal costs and state and local governments must come up with the remaining 25 percent.
Fire kills 13 in Chicago residence hotel
CHICAGO — Fire ripped through a residence hotel yesterday, killing 13 people, including two who jumped to their deaths rather than face the flames and smoke. Other residents tied sheets together and climbed out upper floors.
When firefighters arrived, dozens of panicked residents were gathered at windows or dangled from them as wind-whipped flames rose 15 feet in the air above the roof and blazed out other windows.
Twenty people, including one firefighter, were brought to hospitals, and others were treated at the scene, authorities said.
Briefs compiled by the Associated Press.
Daily Re-affirmation When I cease thinking and talking about the past, I can live a more fulfilling life in the present, where spirit is. From Unity and K-Unity, 416 Lincoln
The key to a safe Spring Break is in your hands...
Remember:
If you drink, drink in moderation.
Never drink and drive; Use a designated driver.
Use sunscreen.
If you choose to be sexually active, use a condom.
Wear your seatbelt.
Have A Great Break from P.A.R.T.Y.!!
STUDENT
THE UNIVERSITY OF RANCHES
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