NATION/WORLD
Monday, May 5, 1997
UNIVERSITY DAILY KANSAN
9A
Woman gives strong testimony in Oklahoma City bombing trial
McVeigh's sister to take stand next
The Associated Press
DENVER — With Lori Fortier's gripping account of Timothy McVeigh's alleged plans for the Oklahoma City bombing fresh in jurors' minds, prosecutors still have her husband to put on the stand — possibly a bigger threat.
only a bigger threat to the defense but also a risk for the prosecution.
The jury's attention was fixed last week on Fortier as she told jurors that McVeigh confided to them his plan to bomb a federal building in Oklahoma City six months before the April 1995 blast that killed 168 people.
Timothy Mcvelgh
The analysts found her testimony convincing. And they said Stephen Jones, McVeigh's attorney, had little success in discrediting her by raising her history of illegal drug use and her initial ties to federal agents.
"Testimony from her husband, Michael, may be more explosive. But his credibility could be threatened for several reasons: He awaits sentencing on a gun-running charge, his wife acknowledged he talked about selling his story and just days after
Fortier is not next on the prosecutors' list. After the trial resumes Monday, Jennifer McVeigh, the defendant's sister, is expected to testify about her brother's political views and his statement to her before the bombing that something big was about to happen.
When he does take the stand, Fortier is expected to testify that he traveled with McVleigh to Oklahoma City in December 1994 to case the federal building and then to Kansas to pick up weapons that prosecutors allege were stolen to finance the bombing.
"Michael will be able to say some things about that trip that only he knows. There will be parts of that account that will have the ring of truth," said Christopher Mueller, a University of Colorado law professor following the case.
"Fortier apparently flirted with joining McVeigh in his cause, but
when push came to shove he didn't do it," Mueller said.
Fortier pleaded guilty to the gunrunning charge and could get 23 years in prison. His sentencing was put off until after his court appearances. Prosecutors may recommend a shorter sentence in exchange for his testimony, an issue the defense could cite. His wife testified under immunity from prosecution.
Jones' cross-examination last week indicates the existence of FBI surveillance transcripts in which Fortier planned to get rich by selling his story.
"Did you ever hear Michael say ... 'The less I say right now, the bigger the price is going to be later?'" Jones asked Lori Fortier.
She didn't recall that particular statement but admitted she had overheard her husband discuss selling the story.
"You can bet that Jones is going to make a lot of headway with that," said John Walsh, a former federal prosecutor now in private practice in Denver.
Expressing remorse that she didn't somehow stop McVeigh, Lori Fortier described McVeigh's plans, a gun robbery, his quest for bomb components and the choice of target.
tion argument that the bombing was in revenge for the FBI raid on the Branch Davidian compound in Waco, Texas, two years earlier. She said that McVeigh had said that the federal building was an easy target and that it was a building that housed some of the people that were in the Waco raid.
She also backed up the prosecu
Most important, Lori Fortier told jurors about helping McVeigh laminate a fake driver's license in the name of Robert Kling. That forges a link between McVeigh and the name used by the individual who rented the Ryder truck used to deliver the bomb, legal analysts said.
Although the success of Lori Fortier's testimony might tempt prosecutors to eliminate her husband as a witness, the analysts agree that that is unlikely because he figured so prominently in prosecutor Joseph Hartzler's opening statement.
"If they don't bring him on, the jury's going to wonder why," said Andrew Cohen, a Denver trial lawyer following the case.
"Michael Fortier is a greater risk to the government than Lori Fortier, but I think the government's going to bite the bullet and put him on the stand," Mueller said.
Texas separatists surrender,2 run
The Associated Press
FORT DAVIS, Texas — Using dogs, airplanes and troopers on horseback, authorities searched the woods yesterday for two Texas separatists who did not join colleagues in a peaceful ending to a week-long standoff.
Richard McLaren, the self-appointed ambassador of the Republic of Texas faction, signed a cease-fire document with the Texas Rangers on Saturday afternoon. He and three others then abandoned their embassy, a trailer in the remote Davis Mountains. McLaren's wife had given up earlier in the day.
But two men disappeared hours before the surrender into a heavily wooded canyon wearing green camouflage. Richard Frank Keyes III and Mike Matson were believed to be carrying two rifles and a 9 mm pistol.
Ralph Matson had told The Associated Press: "My brother feels that he would rather die fighting for somebody's rights than spend the rest of his life in jail."
Keyes is wanted on state charges of engaging in organized criminal activity and other
charges. No charges were filed against Matson.
The crime of criminal activity also was charged late Saturday against McLaren and three followers. The felony is punishable by up to life in prison and a $10,000 fine. Bond on the others was set at $500,000 each.
Authorities said the group left behind 24 pipe bombs in the trailer, along with gasoline cans with coils around them, a propane tank with a pipe bomb attached to it, 10 rifles and up to 700 rounds of ammunition.
McLaren, 43, believes Texas was illegally annexed by the United States in 1845. He heads one of at least three factions calling themselves the Republic of Texas.
Students must blow or go under prom alcohol policy
Schools try to stop underage drinking
GRANT, Neb. — Before heading to the dance floor, 17-year-old Jayme
The Associated Press
GRANT 1, Neo. — Before heading to the dance floor, 17-year-old Jayme Pankoinn secured the spray of baby's breath in her hair, straightened her deep purple dress, then pursed her lips around a straw and blew.
"Very good." Grant Schools Superintendent Jon Burkey said as he read her negative Breathalyzer results. "You look wonderful. Welcome to the prom."
Jayme, a junior, was among the 120 students, faculty and chaperones that took the alcohol test required to attend Saturday night's junior-senior prom.
In this western Nebraska town of 1,239 people, the "blow or go" policy is now in its fourth year. While Grant High School tests every person who enters the prom, most other schools test only those students who appear to have been drinking.
The Breathalyzer moment is becoming as common as the pinning of corsages and the knotting of bow ties as schools nationwide attempt to stop underage drinking on prom night.
In Grant, the breath tests began after a particularly raucous prom in
1992 when apparently intoxicated students swallowed live goldfish used in the table centerpieces, Burkey said. There have been few problems since then, the superintendent said.
"I think it's a good idea. Basically, if you plan on drinking you know you shouldn't try and come to prom," said junior Mandy Kamla, whose mouthwash caused a positive test. After ten minutes, she tested negative and was allowed into the prom.
Jayme's escort Brian Cameron, 22, said he had few good memories of the old days, when prom meant parties and plenty of drinking.
But those students who are finding themselves on the other end of the blood-alcohol straw for the first time have not been so cooperative.
Students at one Arlington, Texas, high school arranged an alternative prom to protest the school district's new breath test. About 200 students attended the second prom — almost half the entire class of Lamar High School, officials said.
"I think it was important for us to take a stand because we felt like this was a violation of our civil rights and a violation of our trust," said Lamar High School student Jeff Hurst, who helped organize the alternative
"It's like we are being accused of drinking without cause."
Jeff Hurst
Lamar High School student
dance. "It's like we are being accused of drinking without cause."
The Nebraska town of Croton, population 820, also is administering Breathalyzer tests this year. A few years ago, a student who had been drinking got sick at the dance, Crofton High School Principal Dick Allen said.
"I think the whole thing is kind of stupid," said Crofton senior Kelly Drotzman, who said he drank before going to last year's prom. "I think drinking makes things go a little better, a little smoother."
Some students question the effectiveness of an announced test.
"It's just getting kind of old," said Mike Hendricks, a senior at Grant. "Everyone knows they're going to do it, and so you don't drink then. It needs to be a surprise to make it worth it."
The Associated Press
Rules change for online slander
When the founding fathers wrote the First Amendment protecting freedom of the press, they never imagined millions of Americans would someday have their own version of one sitting in their back rooms.
But with the advent of the World Wide Web, that's exactly what has happened. And from this revolution has emerged a new legal quandary: Just what standards are private individuals to be held to when it comes to what they "publish" on the millions of Web pages and other online forums that serve as the world's soapbox?
To a great extent, the answer so far is this: No one knows. With the Web revolution less than 3 years old, a body of case law hasn't been built up yet. But lawyers who study online issues do have some observations — and advice.
First off, they note, the line between slander and libel has been blurred. It used to be that spreading malicious gossip about someone could lead to charges of slander. But slander, by definition spoken, was hard to prove and generally didn't reach enough people to do any major harm.
Post slander where it can be read by millions online, however, and you've suddenly entered the realm of libel — governed by stricter laws originally written to cover print publications.
"Let's face it." said Mark Rasch, director of information security law and policy at the Center for
Information Protection at Science Applications International Corp. in McLean, Va. "If I were to print up a handbill saying bad things about my neighbor that were false, at most I could distribute a couple of hundred of them. With the Web, I can now damage his reputation worldwide."
The law is clear: Libel consists of publishing a false and defamatory statement about an identifiable person, causing injury to the subject's reputation.
Truth is always a defense against libel, so if your Web page says someone has two heads and they do, you're fine. But say they're a murderer, and you can expect someone to come asking for proof — and possibly a bill for damages if you don't have any.
Then, there's invasion of privacy. It's one thing to pass along a juicy bit of gossip to a friend. It's quite another to post it to the Web.
"Let's say, for instance, you disclose some private fact about somebody — say, their medical records. That would be a no-no under civil law, and they could sue for damages," says David Banisar, staff counsel for the Electronic Privacy Information Center in Washington, D.C.
The Internet's reach magnifies everything in the eyes of the law
Shouting "You jerk, I'm gonna belt you one!" at a careless driver who runs over your mailbox won't get you into trouble. But posting the threat on the Internet is dangerous. Anything done over a telecommunications device is
"We can't forget all those idiots arrested for sending threats to the president."
David Banisar
electronic information counselor
"This suddenly makes it a federal issue if you e-mail," Banisar warns.
automatically an interstate communication.
An entirely different level of concern pops up when the object of the threat is an elected official.
"We can't forget all those idiotes arrested for sending threats to the president. So don't send threats to the president over e-mail. It's a federal crime." Banisar says.
The Federal Trade Commission has taken an especially hard line against fraud on the Internet. Send a chain letter, asking for money on the Web, and you'll be investigated by the FTC forces who track online scammers.
But in the end, the biggest vulnerability of any self-publisher on the Web is probably the wrath of large corporations. Try using any variety of a heavily trademarked name or image on your site and watch the injunctions flow.
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NAHUPAI WAY
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The KU Native American Student Association would like to thank the following departments and businesses for the donations and support they gave to the 1997 Spring Pow-wow.
Office of Minority Affairs
School of Journalism
Department of Anthropology
KU Athletic Department
Francis Sporting Goods
Hastings
Standing Ovation
Rusty's Outdoor Sports
La Prima Tazza
The Classic Gourmet
Pier 1 Imports
Paisano's
Walgreens
Everything But Ice
Super Target
Willie C's Cafe & Bar
Office of the Chancellor
School of Social Welfare
Museum of Anthropology
The Birdwatcher Store
Great Clips
African Adorned
Sunrise Garden Center
KU Credit Union
Lawrence Cigar Company
Natural Way
Pizza Hut
University Floral
Water's Edge
International Bead Trader
Lance Burr, Attorney at Law
Bismarck Inn
Office of Admissions
Department of English
Multicultural Resource Center
Sneakers
McDonald's of Lawrence
Penny Annie's Sweet Shoppe
Street Side Records
Jayhawk Bookstore
Beauty Brands
Paradise Cafe
Pyramid Pizza
Wal-Mart
Waxman's Candles
Play It Again Sports
Casbah
KU Brazilian Jiu-Jitsu Club
We are accepting applications from students at least 21 years old who are interested in renting a room and living in a cooperative community arrangement. Resident expectations include a weekly dinner and house meeting, and 5 to 10 hours service per week. Costs range from $125 to $225 per month and include kitchen privelages, laundry facilities, and parking. An extensive interview process is involved. Openings for August through 97-98 school year. Call Joe Alford at 843-8202.
Episcopal/Lutheran Campus Center In the Canterbury House at the University of Kansas
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843-4266