Wednesday, January 30, 2002

NYU requests name protection in public lawsuit

NEW YORK (U-WIRE) — Lawyers for New York University filed a motion earlier this month requesting that the University’s name be stricken from public legal documents naming it in a $20 million sex assault lawsuit, court records showed.

NYU’s attorneys filed a motion two weeks ago arguing that the University should be referred to as “Anonymous” in all public court documents to shield it from negative publicity surrounding the suit, according to the motion.

The motion stated that because a judge allowed the plaintiff, a female student who was sexually assaulted in a dormitory bathroom, to proceed anonymously for privacy reasons, the University should be able to do so as well.

If a judge grants NYU’s motion, all public court records will refer to the lawsuit as “Anonymous v. Anonymous.”

Hearing-impaired college students file lawsuit

BERKELEY, Calif. (U-WIRE) — Several hearing-impaired University of California-Berkeley and University of California-Davis students have filed a lawsuit against the University of California system, saying they have not been provided adequate services.

The university has denied the allegations included in the lawsuit filed earlier this month. UC maintains it is in full compliance with state regulations.

“We are very proud of the panoply of services the university offers to all of its disabled students,” said Jeff Blair, UC’s attorney.

UC Berkeley student Lexin Ka said the university’s policies for its Disabled Students’ Program are “unfair and unnecessary,” pointing out during testimony that interpreters for hearing-impaired students would leave if they were more than ten minutes late to class.

Disabled students are required to explain why they are late to or absent from a class. Plaintiffs in the lawsuit say that rule is “burdensome” and “intrusive.”

But Blair said he does not believe “there is any merit” to the plaintiffs’ argument.
Instead, the lawyers for the plaintiffs are “interested in their own personal wealth” and have refused to work alongside the university in improving its policies, Blair said.

Guy Wallace, attorney for the plaintiffs, said the university has done “little or nothing” to address the complaints.

Wallace also said the university has tried to recruit other disabled students to speak in favor of university policies.

The case, which will be tried in June, already has been drawing much attention from disabled students on campus.

Nationwide manhunt begins for Texas prison escapees

MONTAGUE, Texas (AP) — Authorities launched a nationwide manhunt Tuesday for two convicted murderers and two others awaiting trial on capital murder charges who fled the Montague County Jail by overpowering two female guards.

Two of the escapees were serving life sentences for the 1996 murder of a 16-year-old Oklahoma cheerleader. The other man and woman were arrested in November and charged with two counts of capital murder in the deaths of an elderly Montague County couple on whose land they had been living.

The escapees were identified as Curtis Allen Gambill of Terral, Okla.; Joshua Luke Bagwell of Waurika, Okla.; Chrystal Gale Soto, 22, of Bowie, Texas; and Charles William Jordan, 30, of Bowie.

District Attorney Tim Cole said the escape plan began unfolding Monday night when a female jailer opened the cell holding Gambill and Jordan to retrieve a cleaning bucket and they attacked her with a knife.

The inmates then forced her and another female jailer to release Bagwell and Soto. The four inmates put the jailers in a confined area, walked out the back door and stole a jailer’s Geo Chevrolet Tracker using her keys.

The women, who were not hurt, ran out and alerted deputies.

Roadblocks were set up on Texas 59 in between Montague and Bowie about 10 miles to the southwest. Authorities from several neighboring communities and counties, the FBI, Texas Rangers and Department of Public Safety were aiding in the search from the air and across the rolling ranchland of far North Texas.

Gambill and Bagwell both were described as 5-foot-8, 160 pounds with blond hair. Gambill has green eyes; Bagwell, hazel eyes. Soto is 5-foot-4, 155 pounds, with black hair and brown eyes. Jordan is 6-foot, 165 pounds with brown hair and brown eyes.

The getaway car was described as a silver 2001 Geo Chevrolet Tracker with a black top, bearing a Texas license plate of 5MB D88.

Hutchins woman to face five years to life in prison

DALLAS (AP) — A jury began deciding Tuesday on the punishment for a woman who pleaded guilty to confining her severely malnourished 8-year-old daughter in a filthy closet in their mobile home.

Barbara Atkinson of Hutchins, who pleaded guilty last week to a charge of bodily injury to a child, faces five years to life in prison.

Closing arguments wrapped up Tuesday morning in the punishment phase of the trail of Atkinson, 30. She and her former husband, Kenneth, were arrested last June after the girl, who weighed 25 pounds at 8 years old, was discovered near death.

“We have seen evil like we never knew that evil existed. This is evil,” prosecutor Susan Hawk said, pointing at Atkinson. Hawk asked for a life sentence and described the girl’s nightmarish conditions.

“She laid there naked in her own feces, in her own urine, praying someone might open the door,” Hawk said.

Defense attorney Brad Lollar said the defendant herself suffered a traumatic childhood. He said the first three years of Atkinson’s life she was neglected by her birth mother, a prostitute and drug addict, then placed with an adoptive home, where she did not feel loved.

“The person who did this has to have something mentally wrong with them,” Lollar said. “She is a victimizer and a victim.”

Kenneth Atkinson, 34, is awaiting a new trial date after a judge agreed to a request for a separate trial last week. He is charged with serious bodily injury to a child and aggravated sexual assault of a child.

The East Texas couple that originally tried to adopt the child at birth is now her foster family and is attempting to gain permanent custody. Bill and Sabrina Kavanaugh say the child has gained weight, enrolled in kindergarten and is doing well in their care.

Austin Mardi Gras parade canceled due to violence

AUSTIN (AP) — The Mardi Gras parade has been canceled after police refused to allow the event take place at night because of concerns about violence at last year’s celebration.

Police in riot gear had to push hundreds of people off Austin’s famous Sixth Street last year when the crowd became unruly. Rioters threw beer bottles and rocks at police.
Thirty-five people were arrested and one man was stabbed several times in the back. Wild crowds and fights also marred the 2000 Mardi Gras weekend.

“This is not based on what happened on September 11. But there is some consideration for last year, because the thing just kind of blew up in our face, as it did there the year
before,” Cmdr. Harold Piatt of the Austin Police Department told the Austin American-Statesman for its Tuesday editions.

Organizers were told of the police decision about a month ago, said Bob Woody, president of the East Sixth Street Merchants Association.

“Some people will probably be upset about the parade, but I’m not,” he said, adding he understood the police department concerns.

“Last year, things escalated into a problem on Sixth Street, and with that in mind, we need to let a period of time, we need to let a period of time go by so we can heal the wounds,” he said.

This would have been the fourth year for the parade. Other events, such as concerts and a parade for children, were not scheduled. Without the parade, it was too hard to promote the other festivities, Woody said.


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