2B
Wednesday, August 31, 1994
SPORTS
UNIVERSITY DAILY KANSAN
Attorney: Jordan's accused killers should not be charged with crimes
The Associated Press
LUMBERTON, N.C. — Charges should be dismissed against one of the teen-agers charged with killing Michael Jordan's father because the prosecutor has held back critical evidence, defense attorneys said yesterday.
Evidence includes one sighting of James Jordan after the date he was supposed to have been killed and two reports indicating other people talked about committing a similar crime, said defense lawyer Woodberry Bowen. The evidence is a year old.
"Most of these reports would have been in the district attorney's hands way back in the fall," Bowen said. "Some of them contain exculpatory material."
Bowen represents Daniel Andre Green, who with Larry Martin Demery, is charged with first-degree murder, armed robbery and conspiracy to commit armed robbery in the elder Jordan's death last July. Demery and Green were charged Aug. 15.
Superior Court Judge Gregory Weeks said he would rule on the motion by the next hearing, which may be held in October. The judge will review the reports in the meantime.
District Attorney Richard Townsend said he made the decision to hold the reports back, but that the defense had gotten or would get everything it was entitled to.
"In a case like this, there are a lot of incredible claims that are made," he said.
Bowen said whatever the nature of the claims, the defense hadn't had the chance to investigate them until now. The prosecutor apparently hasn't followed them up in an effort to exclude other possible suspects, he said.
"There is no order this court can enter that can give us our year back to go back and pick up our trail." Bowen said.
Bowen said Townsend gave the defense 23 statements from individuals from as far away as Florida, New York and California.
The statements were handed over on Friday and should have been provided much earlier and certainly no later than a discovery conference held in July, he said.
Bowen said the statements included:
A report from a Cumberland County librarian who said a man identified himself as James Jordan and tried to call his son at Fort Bragg. The man was with two other men, neither of whom was the defendant, and said he had lost his car in the county because of a bet.
A report from a New York woman that her sisters living in Florida had as a guest a man who was a neighbor of Jordan's and who told them last Aug.15 he had "killed a man in the woods of South Carolina."
A college student in Fayetteville overheard four men talking in a cafeteria last summer that "they had left a car in Fayetteville, disposed of a body in another state and that they had done it to throw off a police investigation."
Bowen didn't elaborate on the statements
Bowen didn't elaborate on the state items. "This is not negligent conduct," Bowen said. "This is intentional conduct ... (Green's) investigation has been thwarted. His constitutional rights have been trumped on."
Pain forces Daly out of tournament.
The Associated Press
John Daly withdrew from this weekend's European Masters yesterday with an alling back that his agent said was the direct result of a scuffle with a spectator after last weekend's World Series of Golf in Akron, Ohio.
"He's in pain. He's out indefinitely," agent John Mascallo said yesterday from his office in Herndon, Va., in confirming Daly's withdraw from the tournament that runs Thursday-Saturday at Crans-sur-Sierre, Switzerland.
Daly's mother, Lou Daly,
described her son as being in "a
great deal of pain" when reached
at her home in Dardanelle, Ark.
on Monday.
In a story published yesterday in the Washington Post, Mas-
catello said X-rays taken in Akron showed no skeletal damage, but Daly intended to have more extensive X-rays taken this week near his home in Memphis, Tenn.
Mascatello also said he was considering legal action against Bob Roth, the 62-year-old who confronted Daly in the parking lot after Sunday's final round.
"We're weighing our options," Mascatella said. "John has several commitments for the rest of the year, including business things that he may or may not be able to fulfill."
Daly, 28, has a pre-existing back condition and withdrew from at least one other tournament earlier this year after it flared up.
"John clearly was the injured party in the parking lot situation," Mascatello said of the confrontation, which ended with Daly and Roth rolling around on the pavement until caddies and spectators managed to separate them.
"He (Daly) was attacked. He was confronted. He was verbally abused (by members of the Jeff Roth contingent) on the golf course." Mascatello said.
Daly, playing in the group directly behind one that included national club pro champion Jeff Roth on the Firestone Country Club, was accused by Roth of hitting into his group during the final round at Firestone Country Club.
Following an exchange of words with Jeff Roth, Daly was leaving the clubhouse when he was confronted by Bob Roth, the player's father.
Another exchange of words followed. Dolores Roth, the elder Roth's wife, said she witnessed the incident and Daly cursed both her husband and berself.
The woman said Bob Roth then grabbed Daly from behind and both men fell to the ground, batting until they were separated.
The elder Roth, in an interview with the Ventura (Calif.) StarFree Press, said he initiated the fight after Daly shouted obscenities at his wife.
"That was it," Roth said. "I went after him and jumped him from behind.
"There were no blows thrown, and we were separated. This happened in front of 500 or 600 people. John took off and he was gone."
Olympic committee to protect environment
The Associated Press
PARIS—The International Olympic Committee's centennial congress opened today with calls for the Olympic movement to take further steps to protect the environment.
French Environment Minister Michel Barnier proposed that the IOC create a permanent committee devoted to ensuring that the Olympics and other major sports events do not destroy their surroundings.
Barnier, who was co-president of the organizing committee of the 1992 Winter Games in Albertville, also proposed environmental protection standards be added to the Olympic Charter and Olympic host cities meet regularly to discuss environmental issues.
"The Olympic Games can be an opportunity to embellish a region, as was clearly demonstrated by Lillehammer and Norway (at the 1994 Winter Games) and as illustrated by the project developed by the city of Sydney which will host the Games in the year 2000." Barnier said.
Barnier was the keynote speaker on the first day of the four-day Olympic Congress.
More than 3,000 officials from around the world are attending the congress, with the four main themes being:
One of the issues that will be discussed is doping. Several cases have emerged in recent days:
The International Olympic Committee medical chief confirmed that documents detailing several positive drug tests at the 1984 Los Angeles Olympics were destroyed before they could be acted upon.
Horace Dove-Edwin, the Sierra Leone sprinter who finished a surprising second behind Linford Christie in the 100 meters at the Commonwealth Games in Canada, tested positive for steroids and was stripped of his silver medal. He was the third athlete to test positive at the Games, while two English athletes were sent home for failing drug tests at earlier meets.
The French cycling federation accused four-time Tour de France winner Miguel Indurain of taking a banned substance, but the IOC and the international cycling federation absolved him of any wrongdoing.
The Olympic movement's contribution to modern society; the contemporary athlete; sport in its social context; and sport and media.
British diver Tony Ali was suspended for six months by the international swimming federation for refusing to take a random drug test.
The case of the missing drug tests from the 1984 Los Angeles Games was addressed for the first time Monday by the man who was and still is in charge of the IOC's medical commission, Prince Alexandre de Merode.
five, or possibly six, positive tests from the final days of the Games were reported to him the day after the closing ceremony.
He denied a BBC television report that there were nine positive tests.
De Merelo said when he went to his offices at the Bilmore Hotel to examine the tests, he found that everything had disappeared and the rooms had been converted back into a hotel suite.
De Merode said the hotel explained that all Olympic offices were closed as soon as the Games ended because the privately funded organizing committee was not paying for rooms beyond the closing date.
The next morning, de Merode went to the organizing committee headquarters to find out what happened. He said he was first told by a committee official, Tony Daly, that the drug test documents were being flown to IOC headquarters in Lausanne, Switzerland.
After de Merode said he would get on the next plane to Lausanne to study the tests, Daly changed his story.
"I must tell the truth," de Merode quoted him as saying. "Everything was destroyed in the paper shredder.
"We are sorry, but we can't produce anything from your documents. I apologize but we can not do anything."
De Merode said he considered the episode an honest mistake.
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