Rainy day Weather Today: Thunderstorms with a high of 75 and a low of 63 Tomorrow: Rain with a high of 70 and a low of 57 Kansan THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS Thursday, May 3, 2001 Sports: A sports psychologist helps the Kansas softball team find its winning ways. See page 8A See page 8A Inside: Some international students aren't used to living away from home. (USPS 650-640) • VOL. 111 NO. 133 For comments, contact Lori O'Toole or Mindie Miller at 864-4810 or editor@kansan.com SEE PAGE 5A WWW.KANSAN.COM Freshman enters plea for Lewis hate crime By Brooke Hesler writer@ kansan.com Kansas staff writer Craig Avery pleaded not guilty yesterday to criminal damage to property charges for writing the words, "AIDS kills fags dead," on a Lewis Hall dorm room last month. He is scheduled to go to trial Thursday, July 5. Avery, University of Kansas freshman, could not be reached for comment yesterday. Galen Stoeber, who lived in the room where the vandalmism occurred, said he considered what Avery did a hate crime. He said he thought he was the primary target of the message since he is gay. under the influence learn how much "I wish he would have come and talked to me if he had a problem," Stoeber, Garden City sophomore, said. "He made it such a larger deal by doing what he did." Avery lived next door to Stoeber and his roommate, Curtis Dixon, who identified himself as bisexual. The men said they thought Avery had moved out of the residence hall. But Randy Timm, assistant director of student housing, didn't know and could not comment on the specifics of the case. Dixon, Kansas City, Kan. sophomore, said positive things came out of the incident. He said the two spoke about their ordeal during Pride Week last month. Both men said they had received numerous e-mails from students and community members in support. "This has been really hard on Galen and I." Dixon said. "We've received a lot of support, though. It brought the community together. I hope Craig can see all of his handwork." "Everyone came up to us and said how sorry they were." Stoeber said. "They asked if there was anything they could do." Dixon said the floor's resident assistant posted fliers around the floor about tolerance. Nate Harold, who lives on the floor with the men, said residents were appalled at the message. Steber said he was surprised such homophobia still existed. "It made me really mad when I saw it," Harold, Weskan sophomore, said. "It's too bad that something like that had to happen to such nice guys." "Being in student housing and having rules and regulations here, I thought we were in a safe environment where we could be ourselves and not have to worry about bigots," Stoeber said. "We're on such an open-minded campus, small-minded people like that are in the minority." KU students - Edited by Megan Phelps drinking and story by Lauren Brandenburg was feeling the Steve Lambert was feeling the buzz from the eight Budweisers he drank at a Super Bowl party, carefully steering his car around the Chi Omega fountain, when the flashing lights of a patrol car behind him suddenly illuminated the inside of his car. Dave Bandy left a party after a few drinks to pick up his girlfriend, but he ran a flashing red light at an intersection and collided with a police car. 108 KU students busted for driving under the influence in Lawrence last year. The Lawrence Municipal Court, which handles first and secondtime DUIs within the city, had 520 in 2000-21 percent of them KU students. Bryson Gay finished off a bottle of Bushmills whiskey with friends, climbed into his dad's 1967 Plymouth Barracuda, and headed for his apartment, not arriving there until 24 hours and one DUI later. He left the Barracuda wrapped around a telephone pole. Little did those students realize when are three of the They they were asked to step out of the car to perform field sobriety tests how much the DUI would cost them. The direct cash costs of a DUI can reach $5,000 to $10,000 for fines, attorney fees, court costs and bail bonds. DUI offenders can also expect to pay $125 for an alcohol dependency examination and anywhere from $100 to $1,000 for the treatment that is recommended. When their insurance companies learn about the conviction, offenders can expect to have their premiums doubled or even their coverage cancelled. Many offenders also discover painful hidden costs that can't be measured in dollars — the humiliation of the conviction; jail time or mandatory community service; a criminal record that threatens their chances to get into law school or law enforcement; and a suspended driver's license that makes it difficult to attend school, hold a job or even maintain a romantic relationship or social life. Learning the course Bryson Gay, a Shawnee freshman last year, worked eight months to repay his parents she $6,000 it took to cover his DUI expenses. His DUI forced him to drop out of school because he had no transportation to get to class Learning the costs "I was just drinking that night and got ahead of myself. I didn't notice how drunk I was. I thought I was sober enough to drive," he said. "It set my life back by about a year or so." without his license. Instead, he spent almost 14 hours each week for five weeks attending court-required alcohol information school. He got his license back in April and plans to start taking classes again this summer. In Kansas, first-time DUI offenders' licenses are suspended for 30 days and restricted for the next 11 months, allowing them to drive only to school, work or an approved treatment program. Refusing the Breathalyzer test brings a one-year automatic suspension. Dave Bandy, Overland Park freshman, hopes to get his license back this month. He lost it for a full year because of Kansas' Zero Tolerance for Youth law. Under that law, drivers under 21 have to be below .02 on the blood alcohol test to be legal. Even though the standard is lower than the .08 limit set for adults, the underage DUI offenders are held to the same sentencing guidelines plus the one-year license suspension. "I only had a few drinks," Bandy said. "I was a little buzzed, and I went with another buddy to pick my girlfriend up. It wasn't even a block or two away. I was reaching down to mess with my stereo, and I guess I wasn't paying attention." Bandy spent the rest of that night in jail, waiting for a friend to borrow money and pay a bondsman to cover the $500 municipal court bond to get out of jail. The costs begin to add up The next step finding a lawyer hits students' wallets hard. A court-appointed attorney costs $50 per hour, said Douglas County District Attorney Christine Tonkovich. But defendants have to demonstrate financial need to qualify for that reduced rate. Otherwise, they have to find their own attorney, which Tonkovich said could be twice as expensive. brent Wasko, Salina junior, got his DUI while on spring break last year in Colorado. Because he faced charges of using a fake ID as well as his DUI, he wanted the best attorney he could get. The cost: $5,000 for ator- ney and another $5,000 for court costs and bond. The costs will hit home when he graduates next spring, he said. At that point, he will begin repaying his dad the $10,000, which he said could take years. Tough on DUIs Driving under the influence is a serious crime, said Tonkovich, whose office prosecutes DUI cases outside city limits or on an offender's third DUI. She said she filed charges in every DUI case that she could. The city prosecutor, Tom Porter, who prosecutes the other cases, said students were the largest age group he saw for DUIs. Sheriff Rick Trapp, who worked as an assistant district attorney for 16 years, agreed with Tonkovich's hard line on DUIs. A person with a previously clean record might be eligible for diversion on a first offense, he said, which costs several hundred dollars, requires community service and could last six months to one year. If it's successfully completed, the DUI is purged from the offender's record. "If somebody drives drunk, they're a potential killer as far as I'm concerned, and we've had it happen in this community." Trapp said. However, Tonkovich said diversion was not an option if someone had previous alcohol convictions. "These are not cases in which I am sympathetic to the offender," Tonkovich said. "My job is to be fair, but personally and professionally I have seen too many senseless losses from drinking and driving. If you have an MIP (minor in possession charge) on your record and then come here and get a DUL there's no chance of diversion." If diversion is not an option, the case goes to court. Even if diversion is ordered, the driver is still responsible for court costs, fines, an alcohol evaluation and treatment. If convicted, the fine for a first DUI is $200 to $500. On a second DUI conviction, See DRUNK on page 3A Moving out can be a hassle for student-housing residents writer@kansan.com Kansan staff writer By Cynthia Malakasis As the end of the semester and finals approach, so does the imminence of moving out. And although this weighs on the minds of many students, it can be a particular hassle for those in student housing. Students who live either in residence or scholarship halls must leave their rooms by 11 p.m. on the last day of finals, Wednesday, May 16, according to Department of Student Housing regulations. "It's kind of obnoxious," said Carrie Eschmann, Topeka freshman. Eschmann said she had two finals on May 16. To move out that same day, the Hashinger Hall resident said she would have to either prepare beforehand by sacrificing study time, or cram in all her packing after her finals. "I understand they need people to get out of the dorms, but maybe they could give us an extra day," she said. Eschmann said she owned almost everything in her room. and she would have to pack all her belongings in her car. "You run the risk of somebody breaking into the vehicle and removing something of value," he said. Sgt. Troy Mallen, KU Public Safety officer, said this wasn't always the best idea. Mailen encouraged residents to pack and leave the same day. But if they had to store things in a car overnight, he said to make sure valuable items were in the trunk Similar incidents had occurred in the past, he said. and out of sight. "The same logic plays yearround," he said. "It's the same common-sense type of approach." Eschmann, however, said she didn't think leaving things in her car overnight presented any danger. "I leave stuff in my car yearround, and no one has messed with it." she said. But Cecilia Manchini, Watkins Scholarship Hall resident and Asuncion, Paraguay, sophomore, said moving out was worse for international students because "It's a pain," she said. "I hate it. Associate director of student life Diana Robertson "Most of our students are able and want to be packed prior to the end of finals." Manchini said she would have to store all her things at friends' houses. they did not have a place to put their belongings. because we have a final the same day and we have to worry about getting everything out." Diana Robertson, associate director of student housing for residence life, said the department maintained a consistent policy. "Most of our students are able and want to be packed prior to the end of finals," she said. Robertson, however, encourages students who need extra time to talk with their complex directors and work out an alternative course of action. — Edited by Jacob Roddy .