CAMPUS
KU Catholics react to the pope's encyclical stating that abortion is a threat to peace and democracy. Page 3A
SPORTS
After naming a commissioner, the future Big 12 Conference now must choose a home.Page 1B
CLOUDY High 47° Low 36° Weather: Page 2A
THE UNIVET KS STATE HISTORICAL SOCIETY TOPEKA, KS 66612
POLYHYPENE
THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS
VOL.104,NO.124
ADVERTISING: 864-4358
WEDNESDAY, MARCH 29,1995
(USPS 650-640)
NEWS: 864-4810
Vague interpretation stymies stalking case
District judge says statute is unconstitutional
By Teresa Veazey Kansan staff writer
A Douglas County District judge dismissed a stalking case against a Lawrence man yesterday morning, saying that the Kansas stalking statute is unconstitutional.
David C. Bryan was charged in December 1994 with stalking his former girl
friend during October and November.
According to court documents, Judge Jack Murphy granted the defendant's motion to dismiss.
In a court report Murphy said the use of the terms annoy, harass, following and alarms are too vaguely defined to warn potential offenders.
Timothy Riling, the Lawrence attorney who represented Bryan, said the statute used terms that the U.S. Supreme Court also has declared vague.
"The word 'following' is not defined, but 'course of conduct' is." Riling said.
The statute did not indicate how far away a person had to be in order to be 'following,' he said. Riling also said there were many ways the statute could be misinterpreted.
"If I'm following someone on a golf course, it's intentionally following because I'm playing," Riling said. "If I annoy them, it's considered stalking."
In response to Riling's motion for dismissal, Christine Tonkovich, assistant district attorney, cited a similar Oklahoma statute that had been judged to be constitutional.
The district attorney's office argued that the statutes were similar, but Riling said that the judge was given only a portion of the Oklahoma statute and that there were many differences between the statutes.
California was the first state to make stalking a crime. The Kansas Legislature passed its own stalking law in 1992 but did
not adopt wording similar to the California statute. Riling said.
"When you create a criminal law, it has to be clear," Riling said. "The Kansas Legislature didn't utilize the California statute like they should have."
The state legislature should consider reviewing the stalking statute during this session, Riling said. Since the statute was declared unconstitutional, the district attorney's office is prevented from filing the charge, he said.
"That's probably why I anticipate the district attorney's office to appeal it to the Kansas Supreme Court." Riling said.
Tonkovich said Mark Knight, Douglas County district attorney, would decide whether to appeal.
The law
The Kansas Stalking Law, KSA 21-3438.
"Stalking is an intentional and malicious following or course of conduct directed at a specific person when such following or course of conduct seriously alarms, annoys or harasses the person and which serves no legitimate purpose."
COURTESY PHOTO
Two-time Academy Award winner Tom Hanks poses for a picture with John Tibbets, associate professor of theater and film.
Professor draws portraits of stars
Kansan staff writer
By Matthew Friedrichs
The next time Arnold Schwarzenegger sees John Tibbett, the Terminator wants to see his newest portrait.
But for now, Schwarzenegger's portrait remains in Tibbetts' collection of more than 150 autographed paintings and drawings of movie and TV personalities. Forty of the portraits are on display at the American Heartland Theater at Crown Center in Kansas City, Mo.
Tibbets, associate professor of theater and film at the University of Kansas, has been interviewing actors, actresses, directors, producers and technicians since 1980 for television stations in Kansas City. Mo. To prepare for a videotaped interview with a celebrity, Tibbets draws the celebrity's portrait to use as an icebreaker.
The subjects of his earlier interviews included a then-obscure Deborah Winger and a pre-"Seinfeld" Jason Alexander. Most recently, he has interviewed Whopi Goldberg for "Boys on the Side" and Dustin Hoffman for "Outbreak."
Today, Tibbetts reviews films for KCTV television in Kansas City, Mo.; KANU radio in Lawrence; and "The Christian Science Monitor."
His first interview was with Jane Fonda, who was starring in a little known movie, "Rollover."
Tibbetts usually watches his interview subject's film the night before the interview. The portraits, he said, help to distinguish him from the dozens of interviewers the celebrities must deal with.
"I was scared to death," Tibbetts said.
He asks the celebrity to sign the drawing, which he keeps for his private collection. The portraits are popu-
See TIBBETS, Page 3A
Snakes to go nearly natural Museum receives two grants for cleaner, wilder living
By Brian Vandervliet Kansan staff writer
The diamondbacks, king snakes and yellowbelly racers at the KU Natural History Museum don't know it, but they'll soon be given a change of scenery.
For more than two decades, the snakes on exhibit have been surrounded by dully painted plywood and an occasional rock or piece of deadwood. But museum staff now plan to create a more natural environment for the 24 live snakes native to Kansas on display at the museum.
"It will result in healthier creatures and happier creatures," said Joe Collins, museum zoologist. "It should make them feel like they're more at home."
New fiberglass living quarters should be installed by this summer, Collins said. The cases will be molded to include ledges and watering areas. Live plants also will be installed for the snakes, which naturally inhabit wooded areas.
Fiberglass will be easier to clean than the plywood, he said. The cages are fully scrubbed about once a month.
"We want the highest degree of sanitation for the animals," Collins said. "We owe that to them for taking them out of the wild."
The improvements will not come without a price — each one of the 12 new cases will cost about $1,500. The museum recently received a grant of $21,000 from the Ronald McDonald Children's Charities and $4,000 from Hallmark to finance the renovations.
Brian Vandervilet / KANSAN
"The renovation would have been impossible without their grants," he said. "Contrary to popular belief, there is no fat in the museum's budget."
Temperature, humidity and the amount of light the snakes receive are adjusted to simulate the outdoors, said Errol Hooper, collection manager at the museum. He said that although the living environment for the snakes was adequate, there was room for improvement. Staff at the museum would like to further renovate the exhibit by adding full-spectrum lighting, heat lamps and running water in some of the units.
"We wanted to improve the living conditions for the animals," Hooper said. "Any time you have a captive animal, it's important to take care of them."
Eric Shaffer, 11, from Hoyt, closely examines a Yellowbelly Racer at the KU Natural History Museum. "They're fun to watch," he said. Museum staff plan to renovate the snakes' living compartments so that they will more closely resemble natural surroundings.
Candidate hopes to keep city united
Citizens of Lawrence must feel comfortable talking about issues with all members of the commission, Bonnie Augustine says.
By Sarah Morrison Kansan staff writer
Lawrence always has been known for its strong sense of community, but city.
sense of community, but city commission candidate Bonnie Augustine is concerned Lawrence may be becoming a town divided.
"There seems to be some division in the community, and I know it's always to a certain extent been there," said Augustine, who is the
executive vice president of University National Bank. "It seems to be University of Kansas, or west vs. east, or north vs. south. I would like to see a little more community unity and not so much of an us against them type of an attitude."
Augustine said that some factors that have contributed to this community division have been controversial issues such as the financing of the new high school.
"Id like to see the community be more whole and
not let issues divide us so much." she said.
Making sure the citizens of Lawrence feel comfortable coming to the commissioners to discuss their problems is one way to improve community cohesion. Augustine said.
According to the voter breakdown from the Feb. 28 primary election, Augustine, who finished second in primary, was most popular on the west side of town, where she received most of her votes.
"I think there are some feelings out there that the city commission is unapproachable," she said. "There is some type of perception that a certain group of people may feel more comfortable talking to Jo Andersen, or some people may feel more comfortable talking to Bob Moody, but all commissioners are very approachable, and the reason they hold open meetings is so people in the community can participate."
But Augustine wants to emphasize that her stance on issues represents interests form all over Lawrence and not just the newer neighborhoods on the west side of town. She cited her support of
See AUGUSTINE, Page 3A
Edmee Rodriguez / KANSAN
Bonnie Augustine is one of six candidates running for Lawrence city commission.