The University Daily
University of Kansas Lawrence, Kansas
KANSAN
Friday, October 1, 1982 Vol. 93, No. 30 USPS 650-640
Discrimination against Kansans
Drunken driving laws tougher
By CAROL LICHTI Staff Reporter
An Iowa man with two convictions within the last five years for operating under the influence of alcohol was sentenced for OUI yesterday in Lawrence Municipal Court as if he had no prior convictions, the Lawrence city prosecutor said last night.
Prosecutor Mike Glover said the sentence would be appealed to Douglas County District Court because a drunken-driving law that went into effect July 1 did not treat out-of-state violators as strictly as it treated Kansas residents.
"It makes a mockery of the law," Glover said. "It's a monumental error to say the least."
District Court Judge Mike Malone was less critical of the law.
If a Kansas resident had appeared in municipal court with the same prior convictions, he could have been sentenced to 90 days to a year in jail and fined $500 to $1,000. Glover said.
BESIDES DISCRIMINATING against Kansas residents, Glover also criticized the Kansas Legislature for passing the law designed to crack down on drunken driving. He said there were no lawyers, judges or prosecutors on the final conference committee that produced the law.
Another complaint Glover had about the drunken-driving law was that it did not allow the prosecutor to apply the facts of individual cases to sentencing. The law mandates sentences for
The sentence for a first offense on OUI charges is 48 hours in jail or 100 hours public service work. The maximum sentence is six months in jail, a $200 to $500 fine and revocation of the
offender's driver's license for three months to a year.
Glover said that under the law, prosecutors only could divert a jail term or prosecute. Plea bargaining in an OUI case is not possible, he said.
About 40 percent of the cases prosecuted in municipal court since the new law has been in effect have been settled through diversions, Glover said.
IN OTHER jurisdictions, such as the district court, diversions are rarer. Glover said, So, whether an arrest is made in the city of Boston or the state of New York, there is a difference in the sentence an offender receives.
Malone, who has heard six OUI cases since he has been on the bench, said the new law's minimum penalties were so severe that the long prison ward would cut the number of people who fit down.
He said strict first offense sentencing was an effective way of causing people to avoid a second offense.
After a first offense conviction, Malone said he be the offender what the result of a second conviction would be.
Both Malone and Glover said the statute was expensive.
AN ATTORNEY costs anywhere from $200 to $500, cost costs can be as much as $200, the OUI offender will have to pay the Social Rehabilitation Cost, or a $100 fee. Alcohol Information School is in $65, Glover said.
Although a case may merit it some leniency, the sentence still is severe. Glover said
Besides the cost, the first offender loses his driver's license for at least 90 days and must do at least 20 hours of community service. Glover said.
Glover said his office was maximizing the diversion alternative, which was stricter than using the police. Mr. Glover's office
Malone said because officers knew what the sentence would be if they pleaded guilty, they pleaded not guilty and went to trial to let the state prove their guilt.
Of the six cases on which Malone has ruled, three defendants pleaded guilty and three went to trial. Five of those cases involved first offenders who were given the two-day jail sentence and a $200 fine and sent to the Alcohol Information School. The second offender was sentenced to a year in jail but was released by Malone after serving several weeks.
ALTHOUGH ONLY three defendants pleaded guilty to OUI, the conviction rate hovers between 40 and 60 percent.
Of 17 people arrested in Lawrence during August for OUI, 45 percent were convicted, Lawrence Police Lt. Charles Greer said July's conviction rate for 22 cases was 59 percent.
The number of people arrested for OUI in August was 17, compared with 34 arrested in 1981 (Blazejewska and Bray 2012).
The Lawrence Police Department has a special Alcohol Safety Action Program in which officers trained to spot drunken drivers patrol the city. These officers arrested six people in August 1882, eight in August 1981 and 11 in August 1980.
Suspect's brother tells murder jury of abuse
All the Lawrence police have had training to spot drunken drivers. Patrol officers arrested 11 people for OUI in August 1982, 26 in August 1981 and 11 in August 1980.
The ASAP officers arrested eight people in July 1982, five in July 1983 and four in July 1980. Patrol officers arrested 12 individuals for OUI in July 1982, 21 in July 1983 and 27 in July 1980.
By VICKY WILT
KANSAS CITY, Kan.—Painful memories of the shootings death of two people at the University of Kansas Medical Center left in shock and dismay. The man was at the trial of the man charged with the murders.
Staff Reporter
Bradley Boan, 32, Kansas City, Kan., is charged with killing Marc Beck, a resident working in the Med Center emergency room, and Ruth Kybolt, a visitation waiter for her mother, in
He also is being tried on three charges of aggrieved assault, two of these from an unprovoked attack.
Baptist Church of Turner, Kansas City, Kan., to confront the pastor.
Bradley Boan's attorney has pleaded not guilty by reason of insanity in Boan's behalf.
Testimony by Boan's brother, Michael, revealed that Bradley Boan had admitted to Michael that he had shot the people in the emergency room on March 20, 1981.
During the trial's fourth day, Michael Boan said he learned of the killings from the television news the night they happened. He called his brother the next morning to question him about
The prosecution did not ask Michael Bonn why he called his brother after hearing about the murders.
"I asked him if he did it, if he shot the people at
the KU Med Center," Michael testified. "He said yes."
DEFENSE ATTORNEY Jay Vader questioned Michael Boan during cross examination about his reaction to Bradley Boan's affirmative response.
Michael Boan said, "I was kind of in shock. I couldn't think of anything to say."
The only person Michael Boan told about the conversation was his wife, who was present when the call was made, he said. Vader asked him why he did not tell anyone else.
"I didn't believe him because he was too calm. I couldn't believe there would be any way in the world that anyone had just done that could be that calm." Michael Boa said.
When he visited Bradley Boan the next day.
there was a shotgun and shotgun shells lying on the couch, Michael Bonan testified. He said he picked up his and his brother grabbed it from him. Bradley Bonan acted calmly during the interview.
THE SHOOTING Bradley Boan had admitted up to the department. Michael Boan said.
Vader questioned Michael Boan about the brothers' home life with their father, Thomas.
Michael Boan, his voice cracking, told about his father physically abusing his family. He rubbed his palms as he began telling about an instance when his father threatened to kill his mother.
He said his father would get drunk, usually on
a Saturday night, come home and beat someone up. When he was halfway through the story, Michael Boan broke down. After a few minutes, he finished describing the incident.
He said his father grabbed his mother by the hair and took her to the kitchen sink, putting a knife to her throat. He called the children in cold them he was going to cut her throat, he told.
Trace of cyanide in Tylenol kills five
AFTER THE BOAN'S divorce, Thomas was allowed visiting privileges only with his sons. He was not allowed to see their sister, Michael Boan said, because of previous sexual abuse.
Michael Boan answered yes when Vader asked whether his father made him go under a crawl to retrieve the firearm.
By United Press International
CHICAGO - Cyanide-laced Tylenol pain relief capsules killed five people in the Chicago area, and officials rushed yesterday to prevent the sash of 85,000 bottles nationwide. Salubioe was unaware.
The Cook County Medical Examiner's office said three people died and a fourth was in "extremely critical" condition after taking Extra-Strength Tylenol in capsule form Wednesday. Traces of cyanide were found in the capsules.
Two other victims died yesterday in neighboring DuPage County.
Officials said Mary Reiner, 27, of Winfield, III, died in Central DuPage Hospital in Winfield. A hospital spokesman said the death was "Pyelonecral."
The fifth victim, Mary McFarland, 31, Elmhurst, Ill., was dead on arrival at 3:18 a.m. CDT at Good Samaritan Hospital in Downers Grove. Doctors said she had symptoms of cyanide poisoning and had taken Extra-Strength Tylenol.
The Food and Drug Administration in
Washington identified the suspect lot as Extra-Strength Tylonel MC2880.
THE MANUFACTURER, McNeil Consumer Products Co of McNeil Laboratories Inc., Fort Washington, Pa., a subsidiary of Johnson & Johnson, issued a recall for the 93,000 bottles of the suspect lot, FDA spokeswoman Faye Peterson said.
Larry Foster, a spokesman for Johnson & Johnson, based in New Brunswick, N.J., warned consumers not to buy or take Tylenol marked with the MC2880 lot.
There is clear evidence the bottles of Tylonel were tampered with, Foster said. The Cook County Medical Examiner's Office had told the company the cyanide-containing bottles had been opened, tampered with and put back together.
Roy Dames, Cook County medical examiner's office spokesman, said, "Until we can figure out if this is an isolated thing or if this is widespread, we recommend that no one take Extra-Strength
The medical examiner's office said it was told the bottles were distributed only in the Midwest. However, portions of the lot turned up in other states, including South Carolina.
"We've had confirmation from a number of pharmacies around the state," said Brooks Metts, director of the University of South Carolina Palmetto Poison Center.
RUTH MIKKELSON, associate director of KU residential programs, said that according to the news yesterday, this particular batch had been distributed. It was not known at the time of these reports.
The office of residential programs asked all the residence halls to put up signs to notify residents that there was a possible problem with Tylonel capsules, she said.
"It was simply that there have been some deaths and 1 thought that since we are a caring community or try to be, that it was worthwhile to also be simply a preventative measure," Mikselson said.
Donague said that a normal capsule of Tylonel should contain a "nice consistency of white powder." But the cyanide-laced Tylonel was granular, somewhat moist, slightly irregular in shape and had a pungent odor of bitter almonds, he said.
The first victim, Mary Kellerman, 12, of suburban Eik Grove Village had been sick with a
A message warning McCollum Hall residents about the danger of using Extra-Strength Tylenol was written on a blackboard in the hall's lobby yesterday. As many as 93,000 bottles may have been contaminated with cyanide. In Chicago, five people have died after taking the contaminated pain killer.
County landowners protest changes
By Doug Cunningham
Staff Reporter
About 150 people, mostly rural landowners, met last night at the H-1F fairgrounds to stop what many said was a local government attempt to bypass the city's control by imposing the high city county subdivision regulations.
Leaders of the Douglas County Rural Landowners Association, hastily formed last week, said several hundred dollars had been collected from people up against the proposed change.
The landowners group was formed after the Sept. 22 meeting of the Lawrence-Douglas County Planning Commission.
The meeting was interrupted numerous times by applause for those who said to leave the rural area.
The planning commission voted to recommend approval by the City and County commissions of
ONE OF THE changes would remove an exemption in the present regulations that allows a house to be built on a five-acre lot without plating and zoning.
two changes in the subdivision regulations that would have the effect of requiring that houses built on lots of fewer than 40 acres be properly zoned and platted.
The planning commission can only recommend changes in the case of regulations.
David Guntter, a planner in the Lawrence-Douglas County Planning Department, said the changes had been proposed to protect agricultural land in the county.
But most people at the meeting seemed unconvinced.
They said the changes would unduly restrict people wishing to build houses in rural areas.
The money collected will be used "to get a grass roots response to what we view as the usurping of the landowners' rights. We're going
to fight," said Ken Callcott, secretary-treasurer of the group.
CALICOTT SAID the proposed changes were railroaded through.
"We had to do something," he said. "We're going to try to get everybody out here. We both meets me that it's asuring our individual rights — our freedoms. Someplace it has to
But Gumert said, "don't think it fair to say
It was rammed down your throat by any
A show of hands found that all but a few people opposed the proposed changes.
Callicott and Bob Chamberlin, chairman of the association, said their group would try to convince the County Commission to reject the proposed changes.
THE COUNTY Commission will discuss the proposed changes at 10.ct. 13 meeting. The Commission will also consider changes to the city's budget.
Weather
tough it will be mostly cloudy and cooler with a 40 percent chance of rain and
Tomorrow it will be partly cloudy with a high near 80.
Today will be cloudy and windy with a 20 percent chance of rain and thunderstorms. Southeast winds will be at 10 to 20 mph. The high temperature will be 80 to 85.
KU-Tulsa game to begin at 2:45
The game will be part of Parents' Day, which will be capped by a performance by Idy Hope *Saturday*.
Kickoff for tomorrow's KU-Tulsa football game at Memorial Stadium will be at 2:45 p.m. about an hour later than normal, because the game is being broadcast regionally by CBS-TV.
Parents and students will be able to sit together at the game, under an open-season plan the athletic department is testing. If the plans succeeds, the department may consider having open seating in the student section for all football games.
The 'xyhawks have won one game, lost one and tied one. The Golden Hurricane have won two games and lost one. Both the Big Eight and Missouri Valley conferences will receive top honors in all schools for the broadcast. The game features the return of Kansas' tailback Kwin Bell.