4
FRIDAY. MARCH 11, 2005
Silence marks N.C. execution
Community speaks on Powell’s life
BY CATHERINE ROBBS
STAFF WRITER
A somber silence permeated the
Newman Catholic Student Center
on Thursday night as community
members gathered to show' rever
ence to William Powell, the North
Carolina man who was slated to be
executed at 2 a.m. today.
Powell, affectionately referred
to throughout the vigil by his nick
name “Bugs,” was found guilty for
the 1991 murder of Mary Gladden, a
convenience store clerk in Shelby.
During the vigil, speakers
offered insight into Powell’s life,
his case and the legal proceedings.
They prayed that Powell be grant
ed clemency in the final moments
before his planned execution.
As of Thursday evening, the N.C.
and U.S. supreme courts had denied
HEARING
FROM PAGE 1
he said.
Student Attorney General
Carolina Chavez and Steve Russell,
a second year law student and CAA
member, submitted the motion to
dismiss Wednesday night, high
lighting several factors they said
made Grasso’s case invalid pri
marily that his complaint fell out
side of the period in which plain
tiffs are required to file.
Chavez said she is not surprised
by the court’s ruling. “1 felt our
grounds were valid,” she said.
Russell, on the other hand, said
he was not sure what to think the
night before the trial.
“I wasn’t really sure what to
expect going in, since the (Supreme
Court) so rarely operates,” he said.
The last time the court tried a
case was in 1999, when students
challenged the Board of Elections’
invalidation of graduate student
votes in the election of a candidate
for Residence Hall Association
president. The court ordered a re
election.
Thursday’s hearing lasted nearly
tw'o and a half hours, as the justices
sifted through each point in the
motion for dismissal.
Erteschik said that although the
complaint won’t go to trial, the jus
tices fully fleshed out the merits of
the case. “I would call that a day in
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appeals for a stay of execution, leav
ing only Gov. Mike Easley with the
power to halt the execution.
In light of this hope, the congre
gation sang, “I’ve Got Peace Like a
River,” ending with a verse about
determination.
“If we are going to make a dif
ference, we’re going to have to have
determination,” said the Rev. Lisa
Fischbeck.
At the time of the murder, reports
state that Powell was surfacing
from a three-day cocaine binge and
robbed the store for drug money.
When Gladden fought back, Powell
beat her in the head with a blunt
object and killed her. He took the
register’s S4B and fled.
Powell had no prior history of
violence and was unarmed when he
entered the store. During his con
THE STRUCTURE OF STUDENT GOVERNMENT
The Student Supreme Court makes up the judicial branch of student government and is ruled by the Student Code, as are the executive and legislative
branches. The smallest of the three divisions, the judicial branch is charged with assessing violations of the student body's governing document.
Honor System I Executive Branch Officers I Office of the GPSF President
Student I Honor I Honor | Executive I External I GPSF Officers I External
Attorney ■ Court ■ System I Branch Cabinet I Appointments ■■■HBaiaM Appointments I
J I GPSF Cabinet | |
SOURCE: STUDENT GOVERNMENT, EXECUTIVE BRANCH
court,” he said.
Aside from the issue of timing,
Chavez and Russell’s motion for
dismissal included three points.
The first of those noted that
Grasso’s request for a temporary
restraining order on CAA could
not be granted, as the basketball
tickets up for debate are no longer
available.
The pair also argued that Grasso
failed to comply with requirements
put forth in the Student Code for
the formatting of a complaint.
Thursday evening, a few hours
before the hearing began, Grasso
attempted to submit an amended
complaint to the court, reformat
ting his original complaint. He was
From Page One
fession, Powell said that he had no
intention of hurting anyone, but that
he panicked. The trial judge found
no evidence of premeditation.
Powell’s attorneys argued that
because Powell would not be exe
cuted for his crime in 44 other
states, he should not receive the
death penalty in North Carolina.
The speakers also questioned
the use of the death penalty for any
felony murders, arguing that it is
cruel and unusual punishment.
“He has relived that Halloween
night many times,” said Fischbeck,
who described Powell as a man of
strong faith.
The service focused on the legal
factors and Powell’s positive impact
on his community.
Before his addiction to alcohol
and drugs, Powell served as a ser
geant in the U.S. Army, a member of
the Shelby Fire Department and a
volunteer in the rescue squad.
denied.
He also submitted a document
to the court outlining his opposi
tion to the motion for dismissal
and was given the opportunity to
voice his opinion.
In filing his complaint, Grasso
wanted to see the case forward
ed to the Honor Court to charge
members with an Honor Code
violation: knowingly violating the
Student Code.
But justices agreed with a point
made in the motion to dismiss,
saying that passing the case along
would be beyond the scope of their
positions.
Much of the debate related to a
Nov. 9, 2004, meeting of Student
Powell was also the active caretak
er of his mentally handicapped son.
During the service, parishioners
listened to the words of a letter
written by Nellie Aspel, principal
of Powell’s son’s school, request
ing clemency for Powell. The let
ter focused on his devotion and
patience toward his child.
“(He has) a dedication and spirit
that is worth keeping alive,” Aspel
wrote. “Unjust actions can’t be
erased, but they can be forgiven.”
Attendees also sang “Silent
Night,” which was followed by the
reading of a letter from Powell on
his belief that Christ’s birth should
be celebrated year-round.
The service concluded with
prayers for the governor and for
Powell, along with a call to parish
ioners to “go in peace.”
Contact the University Editor
at udesk@unc.edu.
DTH/FEILDING CAGE
Congress, at which the body
approved CAAs ticket distribution
policy.
The two sides agreed that
Student Congress has been aware
throughout the year that CAA
holds on to 138 tickets.
The court declined Grasso’s
motion for a summaryjudgment in
the case, saying it was premature to
debate the facts.
Erteschik told each side that the
court wanted to make a ruling on
the motion to dismiss so all parties
involved could use Spring Break to
prepare for a trial or to rest easy.
Although the book is closed on
the case, Grasso said he will con
tinue to be a harsh critic of any
group he thinks isn’t adhering to
the Code.
“It was really up to the Student
Supreme Court to decide what the
intent of the Student Code is the
jurisdiction they have is supreme,
and as a member of Student
Congress that’s just the w r ay I have
to deal with it.”
Contact the University Editor
at udesk@unc.edu.
COURT
FROM PAGE 1
forced to dust cobwebs off rela
tively unknown Supreme Court
procedures.
But those procedures won’t be
employed, because the case was
dismissed Thursday night.
The court comprises a chief jus
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HATE CRIMES
FROM PAGE 1
could help to prevent incidents
like the assault two weeks ago on
UNC junior Thomas Stockwell,
who told police that his attackers
shouted derogatory remarks about
his sexual orientation.
Since the attack, a petition sup
porting changes in the state’s statutes
has been circulating on campus.
The petition has about 1,000 sig
natures so far. It backs the Senate
bill but asks that gender identity
and expression be included, said
Win Chesson, co-chairman of
the UNC Gay, Lesbian, Bisexual,
'lVansgender-Straight Alliance.
Gender identity is an individual’s
internal sense of being a man or a
woman, while gender expression
is the behavioral expression of a
person’s gender identity.
lan Palmquist, executive direc
tor of programs at Equality NC,
which is working with GLBTSA,
said the bill is key to getting the
word out. “These are people that
are frequently targeted ... and it’s
important that the state send a
message that it’s unacceptable.”
But adding sexual orientation to
hate crime statutes isn’t high on the
list of priorities for legislators such
as Rep. Russell Capps, R-Wake.
Capps has not read the bill, but
he said singling out a particular
group is unnecessary because laws
to protect people already exist.
“It’s a shame that (Lucas) doesn’t
introduce anything but bills that
try to push the homosexual agenda
KEGS
FROM PAGE 1
I fill’s council made a similar request
during their annual legislative
breakfast March 4, they were told
that such a policy would probably
be unpopular in the legislature.
Chapel Hill’s council has not yet
weighed in on Graham’s proposal.
If the bill succeeds, North
Carolina would be the 24th state
to implement keg registration.
Jim Ward, the Chapel Hill Town
Council member who initiated talks
locally about a statewide keg regis
tration, said the policy is key to end
ing underage drinking and driving.
“Underage drinking is a seri
ous problem both in terms of the
safety of the underage folks and
the people who might get in their
way behind the wheel,” he said.
“Getting alcohol via a keg party is
a popular way because it’s a... high
volume, low-cost party ingredient
that allows one legal-aged adult
to provide alcohol to hundreds of
potentially underage kids.”
Ward said states that regulate
keg sales produce young adults
who are less likely to become binge
drinkers in college.
And if the statewide measure
fails to pass, the council might still
be interested in a local keg regis
tration law, he said. Bitt a local
requirement would be less effec
tive, as buyers could easily leave
lice and six associate justices, all
full-time UNC students appointed
by the student body president and
confirmed by a two-thirds vote of
Congress.
UNC students can bring cases
before the court based on the
invalidity or illegality of an act by
members of student government
including Congress and the
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and I’m very sorry about that,” said
Capps, who voted against a similar
bill in the House in 1999.
John Rustin, director of gov
ernment relations for the N.C.
Family Policy Council, said sexual
orientation does not meet the
U.S. Supreme Court’s criteria for
a protected class of citizens. “The
underlying purpose of this legisla
tion is ... to gain legal legitimacy
for alternative sexual behaviors,
and we just don’t believe that’s in
the best interest of the state.”
Others feel hate crime legisla
tion is altogether unnecessary.
“I’m against anybody doing those
sort of things to anybody,” said Rep.
Jim Gulley, D-Mecklenburg. “I don’t
see that a hate crime is any worse. I
think that everybody ought to bear
the brunt of what they do.”
Still, the atmosphere could be
changing, said Rep. Dewey Hill, D-
Columbus, who voted against the
1999 bill. He said if the bill were to
make it to the House, he would have
to give it a hard look.
Rep. Paul Luebke, D-Durham,
who introduced the 1999 bill along
with Rep. Verla Insko, D-Orange„
said it’s too early to tell if the envi
ronment is right, but the Chapel Hill
incident could be influential.
“The recent incident indicates
that these are not just actions of
the past,” he said. “In a sense, what’s
happened in Chapel Hill reminds
members that this is still a current
problem.”
Contact the State C? National
Editor at stntdesk@unc.edu.
town limits to purchase kegs.
“I would still be a supporter of it
at the town level,” Ward said. “But
it obviously would be minimally
effective because of the small area
that is Chapel Hill.”
Graham said the Charlotte City
Council requested the measure
for many of the same reasons as
Chapel Hill officials did.
“It’s a public safety issue for
the people of Charlotte,” he said.
“(We want to make) sure our teen
aged population doesn’t engage in
underage drinking and driving.”
Charlotte City Council mem
ber John Tabor said the council
was responding to a request by the
police department- “What the police
department is asking for is a little
accountability,” he said. “It’s to help
save lives, to help save kids’ lives.”
Sen. Elbe Kinnaird, D-Orange,
said that she isn’t sure if Orange
County will sign onto Graham’s leg
islation, but that she will show the
bill to Chapel Hill council members
and wait for their replies.
Though she hasn’t formed an
opinion on the issue, Kinnaird said
she’s willing to put forth similar leg
islation to meet Chapel I fill needs.
“What we do is what our local
governments ask us to d0.... I’ll do
what they want us to do,” she said.
“That’s what we do.”
Contact the State £2 National
Editor at stntdesk@unc.edu.
executive branch —as well as the
RHA, Graduate and Professional
Student Federation, CAA and other
recognized organizations that
receive funds from Congress.
Students also can dispute the
acts, decisions and rulings of the
campus Board of Elections. Some
in student government speculated
that the disputed 2004 student
body president runoff between Matt
Calabria and Lily West could have
gone to the court, but the elections
board was able to resolve the race.
The Supreme Court heard Honor
Code-related cases from its inception
in 1968 until sometime between
1976 and 1994. The exact date that
the court became exclusively one
of original jurisdiction is unclear,
according to the Reporter of the
Student Supreme Court from 1999-
The Reporter offers a concise
but comprehensive look at the his
tory of the Court. It summarizes
rulings and provides opinions from
involved parties.
“It’s inspiring how students
have taken on leadership,” said
Cunningham, who helped com
pose the document. “The Student
Supreme Court is an important part
of that history of self-governance.”
He said he hopes the Reporter
will help the court in future rul
ings because it is filled with prec
edents.
This week’s case involved com
plaints against the CAA regarding
the number of men’s basketball
tickets allocated to members.
Student Attorney General
Carolina Chavez, who represented
the CAA, said she was surprised
when she learned of the case.
“It’s such a late date on an issue
that has already been addressed all
year by the University community
and continues to be addressed,” she
said.
Cunningham said the Student
Supreme Court is essential to con
tinuing the University’s ideals.
“There needs to be a student
organization that decides disputes,”
he said. “It’s part of our great his
tory at Chapel Hill of student self
governance.”
Contact the University Editor
at udesk@unc.edu.