University Daily Kansan
Monday, May 2, 1977
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Gardner change of venue refused
A motion by James Gardner for a change of venue was refused Friday in Douglas.
James Paddock, District Court judge, ruled against the motion because he said he wasn't convinced that newspaper publicity about the Feb. 6 killing of Margaret Maxey, 45, and the subsequent investigation would Gardner, 18, from a fair trial.
A change of venue would have moved Gardner's trial out of Douglas County.
According to Paddock, the defense didn't produce enough evidence to show that Gardner wouldn't receive a fair and impartial trial here.
DURING THE hearing James Rumsey, Gardner's attorney, called Dennis Molamphy, Lawrence law student, to testify on a poll he had conducted.
Molampy conducted a survey to determine what effect articles printed in the
From page one
Budget . . .
THE LAWRENCE campus received $154,000. Dykes said, for improving controls on the main boiler, adding insulation to campus buildings, and for electrical capacitors to control the power flow to electrical motors.
The Med Center received a larger share,
$422,000, most of which will be used to
build the hospital.
The Regents request of approximately $350,000 for a computerized energy system at the campus was denied. The system would have been programmed to control the air circulation motors in the heating system, and to control the lights when few people were using a building.
Lawrence Daily Journal-World had had on prejudicing potential jurors for the trial. He interviewed, by telephone, 54 persons whose names were on the November and December 1978 jury list for Douglas County District Court.
He asked them whether they had heard about the murder of Maxey; whether they had heard of the arrest of James and Joseph Garder Jirr, 22; in connection with the case; who had formed opinions about whether the burgers were guilty of committing the crime.
MOLAMPHY SAID 24 persons (44 per cent) indicated they had been prejudiced about the case. Their opinions were based strictly on what they had heard or read about the case through the local news media.
The interviews were conducted in two stages, Molamphy said. They were done for articles published in the Journal World on March 16 and for those published March 12 to March 27.
Molmarty showed on a blackboard for the court's benefit that such a result meant that from 34 to 58 per cent of the community were influenced by coverage of the murder.
Rumsey also called Jack Maxwell, the attorney, to the witness to testify.
Maxwell testified that he had received threatening letters and telephone calls because of his defense of the elder Gardner. Maxwell defended the elder Gardner recently in a beating case in which Gardner was sentenced to from two to 20 years in prison for the beating of a former girl friend.
MIKE MALONE, Douglas County attorney, presented no evidence to support his opposition to the motion but asked the court to consider the defense impaired for the Gardner battery trial.
He noted that the rate of prejudicial responses dropped sharply for those persons interviewed in Molaphy's survey a month or more after the slaving occurred.
The elder Gardner will be arraigned today, Hong Kong's court in connection with the Macy murder.
The brothers have been held without bond in the Douglas County Jail since their arrest shortly after Malex's mute, legless body and near the Santa Pe railtracks Feb. 7.
ENROLL NOW
Be a Montessori Teacher
Attend Program at the Lawrence Public Library, Tues., May 3, 7:30 p.m.
For Preschool Teachers & Parents of Young Children A Slide Show and Demonstrations Presented By Sunshine Acres Montessori Preschool & The Montessori Plus Teacher Preparation Center
this program and demonstration for teachers and parents will also count as orientation for the 1977 summer school Montessori Teacher Preparation & Certificate Course, May 30—July 22. You need not be a college graduate to take this course and earn a Montessori Teacher Certificate. You may do the required nine month internship of student teaching (half days) during the 1977-78 school year in Topeka or at Sunshine Acres in Lawrence as you might work part-time or go to school part-time. Your scholarship stipends toward their tuition and other expenses. Undergraduate and graduate credits available. Also now enrolling children for summer and fall programs at Sunshine Acres Montessori School, 2141 Maple Lane, (842) 2223.
The University of Kansas Graduation Reminder 77
For additional information about your eligibility to participate in the Commencement ceremony contact the dean of your school or the Office of Admissions and Records.
To Graduates of 1977: This is your Commencement. Your participation will help to make it more significant.
All candidates for degrees in May or August and all others who have received degrees and who have not participated in a previous Commencement are invited to take part in Commencement Exercises
CASINO DAYS SALE AT MISTER GUY'S
monday thru saturday rules of the house
FIRST:
select an armful of our new spring merchandise and seek out a dealer (a clothing consultant)
SECOND:
have your items written up but not totaled
THIRD spin our casino wheel to determine the discount you will receive, ranging from
10 to 50%
FOURTH
our entire stock is included, no aces are held up our sleeve, at least 10% off our regular quality stock
the casino wheel will be spinning till 9 p.m. wednesday and thursday, till 5:30 p.m. monday, tuesday, friday and Saturday.
- free refreshments - no alteration charges
842-2700
MISTER
GUY
920 mass.
university of kansas contemporary traditionalist