THE UNIVERSITY DAILY KANSAN
PUBLISHED SINCE 1889 BY THE STUDENTS OF THE UNIVERSITY OF KANSAS
(USPS 650-640)
WEDNESDAY,FEBRUARY 22,1989
North trial arguments commence Prosecution accuses defendant of lying
VOL.99, NO.98
The Associated Press
WASHINGTON — Oliver North's criminal trial opened yesterday with the prosecutor calling him a liar who placed himself above the law but with North's lawyer defending him as a patriotic Marine who obeyed the orders of the nation's highest officials.
North listened intently as the prosecutor told the jury North had lied repeatedly to the president and to Congress about the Iran-contra
His chief defense lawyer countered that North, a former top National Security Council aide, worked in a secret world where he "always acted with the approval of his superiors; he acted with the best interests
Thus the two sides squared off for the often-delayed first trial to come out of the Iran-contra affair, a trial that may take as long as five months.
North followed the opening statements of prosecutor John Keker and defense officer Brendan Sullivan with unflagging interest. He sat upright during both presentations, sometimes looking toward his wife, Betsy, who was in the front row of spectators.
North is charged with 12 criminal counts, nine of them having to do with deceiving Congress and the president. The other three involve charges that he profited from the Iran-contra affair.
Keker said that at one point a House committee had met with North in the White House to discover the truth about the situation.
"The need for secrecy is no excuse for lies." Keker said.
"The committee looked Oliver North right in the eye and North looked them right in the eye and he hied." Keker said.
Kekar said North took $4,000 of the $90,000 in traveler's checks that contra leader Addio Calero gave him to cover exceses.
"Colonel North used that $4,000 like it was his personal piggy bank" for groceries, tires and to take his family on a trip. Keker said.
Playing the parts of Seymour and Audrey from the show "Little Shop of Horrors," Todd Yearton and Julie Foster, Missouri Southern State College seniors, practice on the fifth floor of Summerfield Hall before an audition. Yearton and Foster auditioned yesterday for the Irene Ryan Scholarship Competition. See related stories and picture, page 8.
A little shop talk
Court upholds use of racketeering law in obscenity cases
Dissenting justices say law violates freedom of expression, too broad
The Associated Press
WASHINGTON — The Supreme Court, boosting a growing nationwide drive against pornography, ruled yesterday that states may use antiretracteeing laws to crack on adult bookstores.
However, the court said prosecutors may not use such tough crime-fighting statutes to shut down the stores before trials are conducted to determine whether any of the material sold is obscene.
The justices, by a 6-3 vote, said Indiana's Racketeer Influenced and Corrupt Organizations Act (RICO) may be applied to adult bookstores.
The law is patterned after a federal statute used primarily to fight organized crime. Most states have similar anti-raacketeering laws, and in 19 states besides Indiana the law can be used to battle pornography.
A presidential commission on pornography, appointed during Ronald Reagan's administration, urged all states to take similar steps to limit the spread of sexually explicit material.
In the pornography case, the justices rejected arguments that India-
In a dissenting opinion, Justice John Paul Stevens said Indiana's anti-racketeering law violated freedom of expression. The law allows police to seize the contents of a bookstore and pathok its doors after entering the books, films or magazines sold in the store have been judged obscene.
He noted that the court's majority did not decide whether post-trial seizures of property were constitutional. But he said the court should have done so, failing to rule that such confiscation of property in obscence cases was unlawful.
The law arms "prosecutors not with scalpels to excise obscene portions of an aback, so that inventions as a knockout on mow devised under insure use." Stevens said.
bv Candv Niemann
KU's plans for the Regents Center will be presented to the Joint Committee on Building Construction at noon today. If the committee recommends the financing, it will then go to the
"A bookstore receiving revenue
na's law was too vague.
See RICO n. 8 col 1
Regents Center proposal may face opposition
Kansan staff writer
State financing for KU's proposed Regents Center in Overland Park may not be approved by the Legislature because of anti-Johnson by the State militant Mil Kline, R-overland Park, said yesterday.
"There are always some people who don't want Johnson County to have anything," Kline said. "I do know that there is opposition. I'm afraid that it won't pass, but there is always a chance."
"From what I know about it right now, I wouldn't vote for it," said State Patrol. Darrel
Plans include a telecommunications system that would allow credit and noncredit courses to be beamed by satellite from KU and other Kansas universities to the center.
House for approval. The committee could make its recommendation today.
The Overland Park City Council on Feb. 15 approved renovation of the site at 127th Street and Quivira Road. The rezoning plan included a new apartment complex and a shopping center.
Gov. Mike Hayden has proposed that Kansas provide $2 million for the center. An additional $4 million would come from private sources.
Webb, D. Wichita, and a member of the building construction committee.
"It would be shot/sighted to not make any provisions for expansion in the future because we don't know what the demand for programs will be, and right now there are no specific plans for that."
"I saw a memorandum from KU that talked about a phase two construction for the center after the initial building." Webb said. "I'm concerned that it could grow into a big state center that would serve 10,000 to 15,000 students."
But Martin Rein, associate University director of business affairs, said there would be no plans for him.
The center accommodates about 1,400 students. Rein said enrollment in the new center might increase to 2,200.
"Our proposal is a responsible one. I am optimistic that it will be endorsed," he said. Webb also said he didn't approve of the tuition rate at the center. Tuition is paid by credit hour, with no distinction made between in-state and out-of-state students.
Kline said opposition to the financing may be due to a lack of understanding about the proposal.
But Judith Ramaley, executive vice chancellor, said, "We have done our best to provide legislators with the full story."
Tenants want out of contract
Condemnation subleasing only legal escapes
Kansan staff writer
by Michele Logan
In one week, tenants at 1414 Tennessee St. had to deal with five burst water pipes, four major gas pipe leaks, a substandard electrical system, and the possibility that their house might be condemned.
And today, some of them still cannot get out of their lease.
Doyle Haverfield, Overland Park senior, is one of them. He said he wanted out of his contract and was offered to repairmen in his apartment all day.
Haverfield said that Charles Himmlberg, owner of the house, last week promised to release him from the rental agreement if the building were condemned. But since the building has not yet been condemned, Haverfield cannot get out of his lease.
"Subleasing is out of the question because there is an $80 fee, and I can't afford that," he said. "I am surprised that anyone is still living here."
Himmelberg, chairman of the department of mathematics, said about 11 people lived in the house and that he would let Property Management Services, which manages the house, decide whether to let the tenants out of their rental contracts. Himmelberg referred further questions to Property Management Services
Yesterday, Haverfield told Himelberg he would forfeit his security deposit if he were released from his contract by March 1.
Mary Pat Jacobson, owner of Property Management Services, declined to comment.
Cindy Montgomery, Lawrence junior, and her roommate were luckier than the other tenants. They were allowed to work on contracts by subleasing the apartment to another student.
They also refused to pay rent for a week during which they were without utilities and asked for $100 reimbursement for hardship.
"There were workers in the apartment every day from 8:30 (a.m.) to about 10 (p.m.) fixing things." Montgomery said. "It was a hassle, but I got used to it — to getting up early and getting dressed."
Montgomery said she and her roommates were without water for six days and without a stove for seven days.
"One time my roommate and I had to walk a block to a friend's apartment and wash our hair and fill pots with extra water so we'd have some for the next day." Montgomery said. "I even had to go next door and use the bathroom at Bullwinkle's a couple of times."
Teresa Murphy, Lawrence uniform housing codes inspector, found several electrical wiring problems, missing pressure release valves on gas lines, leaks in the roof, unsafe light fixtures, bathroom floors that were replaced and many other code violations when she inspected the house.
Montgomery and her roommates first discovered their problems about two weeks ago during a snowstorm. The electricity went out, and when they entered the basement to check the fuse box, they discovered running water
Montgomery said she then called the gas company and the city building inspector. The gas company shut down a week while new pipes were installed.
They called Property Management Services, which sent a maintenance worker who shut off the water.
When plumbers arrived several days later to fix the leak, one plumber informed Montgomery of two possible gas leaks, she said.
Murphy sent a letter to Himmelberg specifying the problems and stating that he had until April 3 to make the necessary repairs and until May 31 to replace the roof. If the roof was intact, the fire alarm should be allotted time, then a letter of con-
Law defines when a lease can be broken
Under the Kansas-Landlord Tenant Act, tenants can use legal means to be released from their rental contracts:
- show that landlord has failed to comply with building and housing codes that affect a tenant's health and safety.
- show that landlord has failed to deliver possession of the dwelling by the time specified in the contract.
- if dwelling has been damaged by
- a week-to-week tenancy may be terminated by written notice from tenant to landlord at least seven days before vacating the dwelling.
- if landlord has unlawfully removed tenant from the dwelling or if utilities have been shut off.
- a month-to-month tenancy may be terminated by a written notice from tenant to landlord at least 30 days before vacating the dwelling.
- if dwelling has been damaged by fire.
Michelle Kessler, attorney for KU Legal Services for Students, said the tenants could be able to get out of their contracts if the management failed to comply with building and safety matters that affected health and safety.
if the landlord enters the dwelling in an unreasonable manner or if repeated demands for entry have the effect of harassment by the landlord
Seek counsel from an attorney, the Consumer Affairs Association or the Lawrence Tenants Association.
demnation may be issued.
But if the landlord makes a good faith attempt to remedy the problem within 14 days of receiving notice, he will not be terminated. Kessler said.
Lawyer overcame pain of prejudice to lead Regents and the community
by Cynthia L. Smith Kanean staff writer
Elmer C. Jackson Jr., 76, lost his appetite one day in 1933.
He had enjoyed playing softball that day in celebration of Law School Day.
But that evening, Jackson, a black KU graduate, was seated behind a post and was refused service by a waitress at the Eldridge Hotel, 701 Massachusetts St., during the law school's dinner. A bus boy eventually brought him the meal.
"Finally, when I was introduced as a member of the winning softball team, the waitress brought me to the locker room by that time I was heartbroken."
He said he did not participate in the annual activities again until his last year in law school in 1935.
"That was the most devastating experience I had at KU," he said.
Jackson said there was only one other black student at the University's law school while he was enrolled. That student completed his last year when Jackson was a first-year student.
Jackson has been practicing law in Kansas City, Kan., for 53 years. A member of Alpha Phi Alpha fraternity, he enrolled at KU in 1800 after completing 30 credit courses at the College in Kansas City, Kan.
He majored in political science and minored in history, completing his bachelor's degree in 1933. He received his law degree on June 10, 1935, and passed the bar exam 10 days later.
"I always had a desire to be a lawyer," Jackson said. "I like to talk and I never seem to have stage fright."
Jackson said he was not frightened when he gave a commencement speech as salutatorian of Sumner High School's 1929 graduating class. He also was the assistant manager of the basketball team.
Elmer C. Jackson Jr.
"These things led people to believe that when I said I wanted to be a lawyer, I wasn't fooling," he said.
Jackson said Sumner was the only Kansas City high school that was not integraed.
"But the quality of teachers was good," he said. "Our school had a tremendous emphasis on graduation."
Jackson's mother, a teacher, urged her five children to pursue higher education.
His three brothers earned master's degrees and one completed a doctorate in education. His sister, Beverly, earned a master's degree in education.
"The teachers in those days knew the family," he said. "They would also mention that they knew she and they knew she knew she expected better."
re worked as a waiter and did various chores at Alpha Chi Omega sorority. He received room, board and $2.75 a week.
Jackson continued to concentrate on academics at KU, but had to work to finance his education.
"Two dollars and seventy-five cents a week was a lot of money, because there were whole families made it on $15 a week," he said.
Jackson shared his workload with another black student so that
they could both attend class regularly.
"There was no way a lot of us could have made it without those jobs," Jackson said. "If you had room and board, you had it made."
Black students were restricted to a roped-in area in the cafeteria at the Kansas Union, were not allowed to swim in the pool and were not allowed inside the Hawk's Nest.
When he was at KU, many campus locations were segreated.
"These were dances that were sponsored by KU, but minority students could not attend," he added. "They were outside and listen to the band."
They also were not invited to the Freshmen Frolic, Sophomore Hop. Junior Prom or Senior Cake Walk.
Jackson joined a group of students that protested segregation at KU in 1931.
Chancellor Ernest Lindley told the group they should be grateful that they could attend KU because other colleges, including the University of Missouri, were closed to black students, Jackson recalled.
"As old as I am and as long as I've been around, it was interesting to see a complete 180-degree change," he said.
Jackson became the first black member of the Kansas Board of Regents in 1970. He was chairman of the Regents in 1975.
He now serves on the board of trustees of the Kansas University Endowment Association and is an member of the national board of directors of the University of Kansas Alumni Association.
"Elmer has been really supportive and involved with all kinds of activities, especially those that involve black alumni," said Todd Seymour, president of the Endowment Association.
Jackson's other honors include
SeeLAWYER, p. 6, col. 4