THE UNIVERSITY DARY KANSAN
NEWS
3A
》 BOARDWALK TRIAL
Mistrial not as negative as commonly thought
The term "mistrial" has been a hot topic recently after one of the biggest trials in recent Douglas County memory was declared a mistrial. The label, though, may not be as controversial is it seems.
David Gottlieb, professor of law,
said the term "mistrial" didn't neces-
sarily mean something was done
incorrectly. He said a number of cir-
cumstances could lead to a mistrial,
and there was no magic formula for
one.
"It's a regular part of the system," Gottleb said. "Anytime when you have to stop and start, a mistrial is likely."
Mistrials happen when a substantial change occurs and results in no option besides restarting the trial, Gottlieb said. The most common type of mistrial is for a hung jury,
type of witness when the jury cannot decide on a verdict. If a trial is determined to have unfair circumstances or misconduct, such as an attorney saying something that cannot be wiped from the court's record, a mistrial could be called. Another
"Anytime when you have to stop and start, a mistrial is likely."
circumstance would be turors being dismissed and not having enough alternates to continue the hearing.
In the case of the Jason Allen Rose trial, the jury never became a factor.
Rose was being tried for setting the October 2005 Boardwalk Apartments fire that killed three people.
On the fourth day of witness testimony, Assistant District Attorney Amy McGowan attempted to call a surprise witness, Judge Jack A. Murphy said the witness' testimony
should be heard, but that admitting of the witness would not allow defense attorney Ron Evans ample time to prepare. Murphy told the state that if it wished to admit the witness, the trial must be declared a mistrial and a new trial must be scheduled. All sides agreed and a new trial was scheduled to begin April 30.
"What appears to be the case is probably the case," Gottlieb said.
Associate clinical professor Jean Phillips operates a defense clinic in the School of Law, and said nobody "dropped the ball" in the Rose trial. She said mistrials were standard procedure.
DAVID GOTTLIEB Professor of law
Gottlieb said he was not familiar with any cases exactly like the Rose trial, with all sides agreeing to reschedule. He said he didn't suspect the prosecution was guilty of any mistakes or foul play.
"What if he would have been acquitted?" Phillips said. "If they didn't bring all the evidence and he walked, then they would be looking at this witness."
Phillips said the new witness, who was found on an online
message board, told more about the evolution of evidence gathering than any flaws in the trial procedures.
"This was something they stumbled upon. It just happened to catch the eye of law enforcement." Phillips said. "It doesn't mean mistakes were made; that's not what mistrials are about."
Kansan staff writer Erick R.
Schmidt can be contacted at eschmidk.e kansan.com.
— Edited by Mark Vierthaler
》 HIP-HOP
Hip hop poet Kevin Coval performs in Woodruff Auditorium Wednesday evening. Coval's first book, "Slingshots (A Hip-Hop Poetica)," was published in 2005. Coval talked to students about the positive influence hip-hop has had on his life and the importance of finding your own identity.
Poet pleased with smaller crowd
BY BETHANY BUNCH
Kevin Coval, an HBO Def Poet,
spoke candidly and in rhymed,
poetic spoken word to a small
group of students Wednesday night
in Woodruff Auditorium.
Among other things, Coval talk-ed about his Jewish background, race and cultures in unmetered rhyme but to an enraging beat.
"Writing became my date. To pick her up I'm never left," he said.
As director of public relations for Student Union Activities, Adam Collins, Paola junior, helped SUA put out flyers, posters and set up small time slots on Lazer 105.9 to
But more than 75 percent of the auditorium was empty chairs. Coval said he preferred the small setting and spoke pacing the floor instead of onstage.
promote the event. He said before a Chicago high school. He said his the show that he expected a good writing constantly changes because turnout.
"Our generation has been influenced so inevitably by hip-hop. My art is just representative of the culture."
"I think hip-hop needs to get smaller, anyway," Coval said.
KEVIN COVAL
HBO Def Poet
if it didn't,hed "extremely bored." During his visit to the University he visited a poetry class.
Coval teaches creative writing at
"Writers block doesn't exist," Coval said. "I just have to write through it."
Coval performs more than 150 shows a year and has been touring since 1998. He said his poetry was
representative of hip-hop.
"Our generation has been influenced so inevitably by hip-hop," he said. "My art is just representative of the culture."
Coval was brought to the University as part of hip-hop week. SUA worked with KU Hillel, the Black Student Union and the Unity Hip Hop Dance Troupe to offer Coval's performance for free to the public.
Kansan staff writer Bethany Bunch can be contacted at bbunch@kansan.com.
— Edited by Lisa Tilson
THIS WEEK ON CAMPUS
February 22nd, 2007
Sports Marketing Club Charity Flag Football Tournament Benefiting: The Health Care Access Clinic
Access Clinic
When This Saturday
Were Broken Arrow Park
(31st and Louisiana)
Boys 9:00am
Girls 11:30am
- All participants will get a free t-shirt and a chance to win courtside tickets for KU vs. Texas!
Great Prizes Avaliable!!
$12/ person
At LEAST 7 players
per team
- KC Royals Tickets
• KU Crocs
• NRI Apparel
• Gift Certificates
• much more more
two the streets
February 19-24
week
Learn. Care. Act.
Wednesday Feb. 21
Music Mentors "Drop or Swap"
8 am p.m. tbday, Kansas Union
MILK with Bays and Girls Club
Natals Ties at Women's Basketball Game
7 pm; Student ticket entailment at Allen Fieldhouse
Thursday, Feb. 22
EARTH Recycle-A-Than
10:30 am 1:2 pm
Veggie Lunch
11:30 am - 1 pm, Epicalen Christian Ministries
Wakara Wetlands Tour
2:30 - 4:30 in Main Lobby of Kansas Union
Friday, Feb. 23
Jubilee Cafe
6: 9:30 am, First United Methodist Church, 946 Vermont
Empty Bowls Project
1:1 am, 2 pm, Shafer Flint Lawn
Alternative Weekend Breaks: Lawrence
If you have any questions contact
Andrew Payne
apnine@kku.edu
The Student Snate is looking to fill the following empty seats:
2 Fres./Soph. CLAS
1 Engineering
4 Graduate
2 Non-Traditional
If you are interested in filling one of these open spots, pick up an application in the Student Senate office Room 110
Kansas Union
Student Senate
From the Inside Out:
National Eating Disorders Awareness Week February 25 - March 3
The key message this year is "Be comfortable in your own genes."
Come visit From the Inside Our table in the 4th floor lobby of the Kansas Union next Tuesday and Wednesday for information, activities, and ways to get involved.
mail nik2105@ku.edu for more information
Sponsored by
GET NAKED Redefining Intimacy
A four week look at dating,
marriage and fig leaves
Tuesdays @ 8:00 p.m.
February 6th, 13th, 20th, 27th
www.wesleyku.org
Sexuality Education Committee Project
Sexuality Education Committee Presents:
Human Sexuality in Everyday Life
With Dr. Dennis Dailey
KU Professor of Social Welfare
this non credit course is designed with the realities of the collegeged person in mind, with a focus on how social development has occurred thus far in life, how it is presently being experienced and expressed, and what might occur in the continuous development of healthy adult sexuality.
Thursdays 6:30 8:30pm
Beginning February 1 for 10 sessions at the FCM
Register at the U.M. office from 10am-4pm
Students $45 and Non Students $45 (SAT registration location)
January 26th
or more information contact the LCM office at 841-0953.
PRESIDENTIAL LECTURE SERIES "THE 2008 CAMPAIGN"
Primaries Panel "Winning the Nomination"
Tuesday,
February 28, 2007
7:30 p.m. at the
Dole Institute of Politics
David Vepsen
Leading authority of Iowa Caucuses
Des Moines Register's Political Columnist
Jonathan Epstein
Former national Democratic political strategist
Tom Rath
Tom Rath National Republican political strategist
ROBERT J. DOLE
INSTITUTE OF POLITICS
www.doleinstitute.org
funded by:
SENATE
JAYWALK
Have you ever felt unsafe walking alone at night on campus? Wish someone could walk with you? JayWalk can help!
PAID FOR BY KU
What is JayWalk?
JayWalk is a service available to all students who want a WakL volunteer to WALK them to the residence hall or car, or to wait with them for the Night Campus Express Bus or SafeRide.
Where is JayWalk?
The JayWalk station and volunteers are located inside Anschutz Library.
When is the service available?
Jaywalk runs Sunday through Thursday from 8pm to midnight
WANT TO VOLUNTEER FOR JAYWALK?
CALL US AT: 884-322 321
One male and one female will escort you to a specific location.
WANT TO VOLUNTEER FOR JAYWALK?
CALL US AT: 804-3222
Volunteers are greatly needed and appreciated! While you are assisting KU students you can also study and do homework! In the Student Involvement and Leadership Center in the Kunan University, we are coordinating the service or about volunteering, please email Safety@ku.edu.
KU Engineering Student Council proudly presents
Engineering Expo: '007 Engineering Undercover
9 am to 3 pm Friday, Feb. 23 and 9 am to noon Saturday, Feb. 24.
Eton and Learned Halls on the KU campus.
Don't miss keynote speaker Brian McClendan, Director of Engineering for Google Earth, 9:30 am to 10:30 am at the UCI Center
See the biggest and best 'toys' on campus as KU's engineering and computer science students display their research and class projects. Dozens of exciting contests, challenges and interactive displays. All free. All are welcome.
KU SCHOOL OF ENGINEERING
Learn more at www.engr.ku.edu/kuesc