North Carolina Newspapers

Weather Mostly sunny, breezy and cold today with the high near 40 with winds 10 to 20 mph. Fair but cold Thursday night and Friday with the lows in the upper teens. Witness 'Crimes' Arts editor Jeff Grove inter viewed Kathy Danzer, who will play Meg MaGrath in Broadway on Tour's next show 'Crimes of the Heart.' See story, page 5. i I f Serving the students and the University community since 1893 Copyright 1984 The Daily Tar Heel. All rights reserved. Volume 91, Issue 114 Thursday, January 19, 1984 Chapel Hill, North Carolina NewsSportsArts 962-0245 BusinessAdvertising 962-1163 7 is i UNC halts Wilson and Cavs, 69-66 By KURT ROSENBERG Assistant Sports Editor When Ralph Sampson played his last game for the University of Virginia, the heated rivalry that had existed for four years between UNC and UVa. was of ficially brought to a close. At least for the 1983-84 season. And there was no reason to doubt that proclamation after the two teams were three-quarters of the way through their first game since Ralph headed to Houston and the NBA. With 10:44 to go Wednes day night in Carmichael Auditorium, the Tar Heels were up by 21, making every one forget about some of the most in tense games of the past four seasons. But suddenly, this too was a game, and before even Dean Smith could figure out what was happening, the rivalry was alive and well. Virginia, led by guard Othell Wilson and center Kenton Edelin, outscored UNC, 21-1, and had two chances to tie the game in the closing seconds. The Tar Heels escaped, though, as Wilson and guard Rick Carlisle both missed short jump shots in the closing seconds and UNC hung on for a 69-66 win. North Carolina raised its record to 13-0 and 4-0 in the ACC. The Cavaliers fell to 11-2 and 1-2 in the ACC. "Just because Sampson's gone doesn't mean it's over," UNC forward . Matt Doherty said of the rivalry that apparent ly never died. "I think it's always gonna be this way." Doherty and his teammates would have to hope that the games themselves don't always develop this way. The Tar Heels seemed to have things well in hand until Wilson decided to take control of the game. He scored nine straight points, cut ting a 19-point lead to 10 on three foul shots, a layup and two jumpers. That made the score 58-48. After Doherty made a free throw, Wilson came right back with a jump shot over Michael Jordan to make it a nine point game with 8:05 to go. Still a big deficit to overcome. No problem. Wilson turned things over to Edelin, who turned it into a three-point game in a matter of seconds. Edelin scored on a layup, stole the inbounds pass and made a short jumper from the lane Edmisten says loopholes won Hutchins stay By WAYNE THOMPSON Staff Writer RALEIGH N.C. Attorney General Rufus Edmisten says convicted murderer James Hutchins' attorneys "sandbagged" the legal system in their efforts to spare Hutchins from his. scheduled execution. Hutchins' attorneys successfully used legal loopholes to delay the death by lethal injection, Edmisten said in an interview Wednesday. "In the last ruling in this case, the U.S. Supreme Court ruled that the last-minute appeals tactics are an abuse of the judicial process," he said. Hutchins, convicted in 1979 of the shooting deaths of three Rutherford County law enforcement officers, was granted a stay of execution Friday by the N.C. Supreme Court. A Superior Court judge, however, on Monday set a new execution date for March 16. Edmisten said the case would be history were it not for defense attorneys' rehashing of defenses already used in other N.C. courts. "The insanity defense Hutchins' at torneys brought up had already been litigated before in his original trial," he said. "They're just trying to stave off the inevitable. "It's always been a favorite tactic of defense attorneys to wait until months and maybe years later to use de fenses." Edmisten said state law offered defense attorneys too much room for maneuvering. "We (North Carolina) Conway discusses candidacy for 'Daily Tar Heel' editor ByJIMZOOK Staff Writer John Conway, a junior journalism ma jor 'from Cumberland, Md., has an nounced his candidacy for editor of The Daily Tar Heel. "The Daily Tar Heel has had a tradi tion of excellence," Conway said. "I believe I have the innovative ideas and, more importantly, the leadership qualities to implement those ideas to make The Daily Tar Heel a good paper and con tinue that tradition of excellence that we already have." Conway said his platform for the cam paign would focus on three major points expanded sports coverage, cutting down financial costs for the paper, and utilizing a "more moderate" editorial policy. "First, I plan to have what's called Sports Monday," Conway said in outlin ing his plans for more sports coverage. " I will guarantee a full page of sports on the inside, and that's regardless of the size of the paper." ))A IS 1 - t: MfJ J m W if :WSm:lW(4 . y , V x v s V f Michael Jordan, scrambling for the ball here against UVa.'s Jim Miller, Carolina on the winning side of a rivalry still very much alive. and dunked off a pass from Wilson. There was 6:02 left and it was anybody's game. "We wanted to make it interesting," Smith joked afterward. It got a lot more interesting. Wilson, who scored 17 of his 21 points in the se cond half, then cut the lead to one on a 23-footer. But Jordan scored three points, Brad Daugherty got a dunk and Doherty made both ends of two one-and-ones and the score was 68-61 with 1:01 left. Finally, it seemed, the Cavaliers had been put to rest. Not quite. Forward Jim Miller put in an offensive rebound, then stole the ball, layed it in, got fouled by Sam Perkins and cut " the lead to 68-66, setting up a dramatic ending. Wilson, stole the ball from Kenny Smith, took the ball downcourt, and pull ed up for a 10-foot jumper in the lane. He missed. The ball was lost out of bounds don't require attorneys to bring up any of their defenses during the trial," he said. "It's cruel and unusual punishment to the defendant and the victim ... both deserve a fair, speedy trial." Attorneys Thomas C. Manning, Joseph B. Cheshire V and Barbara Smith part of the seven-lawyer effort to save Hutchins' life and the attorneys who will lead the defense team in appeals for Hutchins over the next 60 days could not be reached for comment. However, another member of the Raleigh law firm Purser, Cheshire, Manning and Parker, where the three work, commented. "Lawyers are required to bring forth all defenses dur ing the trial," John Parker said. "Defense attorneys cannot sandbag," he added, citing the state's criminal procedure statute G.S. 15 A. Daniel Pollitt, a UNC law professor, agreed with Parker. "That is the law, you do have to raise the issues," Pollitt said Wednesday. "You can't hold back." He explained the defense attorneys' options in the ap peals for his jclient. "The normal process is that you're tried by the state for murder ... you can only use those issues you raised at the trial (as basis for an appeal)." If the defense attorney discovers a new ruling or evidence that he thinks could have changed the outcome of the original trial, he can raise this issue before the court where the case was first tried, Pollitt said. If the judge rules that the issue raised by the defense is valid, or of "constitutional dimension," the defendant Conway added that he would be' em phasizing more coverage of "non revenue" sports, if elected, citing the women's soccer team's national title as something that deserved a more promi nent position in the paper. Conway stated his ideas on how to rechannel some funds and try to save the paper money. "What I would like to do and what I will actively pursue is seek more com petitive prices on our printing," Conway said. "Right now we are in a contract which I feel we may be getting taken ad vantage of." Conway stressed that the present con tract was not agreed upon by the current DTH Board of Directors or by the cur rent business manager. The third major item Conway said he hoped to work for, if elected, would be to change the editorial policy to be "more selective and more moderate." "1 think it is the purpose of the editorial page to provide insight and com mentary on those issues which are of in terest to the students and the by UNC, and UVa. had another chance with less than 10 seconds to go. The ball went to Carlisle on the right baseline. He took an eight-foot jump shot and it went in. And then out. And that, literally, was the Cavaliers' last shot. "It was going around and around and I guess it just wasn't meant to be," said Jordan, who was in Carlisle's face when he took the shot. "I guess it was just lucky he missed." North Carolina and Virginia seem to be making a habit of turning walk-away wins into games decided in the closing moments when the two teams play in Chapel Hill. Last year it was Jordan's steal and en suing dunk that eclipsed the tail end of a 16-point UVa. lead held midway through the second half, leaving the house rattling John Conway community," Conway said. "I don't think it's our purpose to create issues, to create controversy or to make personal attacks." See CONWAY on page 4 '84 .-. .&;.. . . : ;S- w v.v.-: I ';' i '"; $ i V ' - . 't ' I ' ' ' ' , ' ' '; sJ 7 f i '' ' ' , - & Si scored 23 points to help keep North . , after a 64-63 win. Two years before, in Sampson's only win in Carmichael Auditorium, the Cavaliers were the ones to turn the game around in the latter period, winning this one in overtime, 80-79. Shades of 1981 Wednesday night? "Yeah," Wilson said. "Only we won that one." NORTH CAROLINA (69) Doherty 2-5 5-6 9, Perkins 5-9 6-7 16, Daugherty 5-8 1-1 11, Jordan 9-15 5-6 23, Smith 2-6 0-1 4, Hale 1-2 (W) 2, Peterson 0-3 0-0 0, Wolf 2-2 0-0 4, Exum 0-0 0-0 0. - Totals 26-50 17-21 69 VIRGINIA (66) Miller 4-1 1 4-5 12, Sheehey 5-10 0-0 10, Polynice 4-7 2-2 10, Carlisle 3-10 0-0 6, Wilson 9-18 3-3 21, Edelin 3-4 1-2 7, Stokes 0-0 0-0 0, Merrifield 0-2 0-0 0, Mullen 0-1 O0 0. Totals 28-63 10-12 66 gets another day in court, Pollitt said. If the defense loses, it can appeal to a higher court only on the issues raised in the lower court. . A legal precedent was what Hutchins' lawyers needed to get the N.C. Supreme Court to grant a stay of execu tion Jan. 13 at 5:20 p.m. just 40 minutes before Hut chins was to be executed by lethal injection. Late in the day before Hutchins was to die, a judge in Charlotte ruled that it was unconstitutional to exclude jurors during jury selection for opposing the death penalty. Armed with this precedent, one of Hutchins' at torneys, John T. Nockleby of Charlotte, boarded a plane to Richmond at 1 1 p.m., and argued for a stay of execution before 4th U.S. Circuit Court of Appeals Judge Dickson Phillips. Phillips agreed with Nockleby's arguments that Hutchins' death sentence was flawed because death-penalty opponents at the original trial were excluded from the jury panel. Edmisten called the appeals "seemingly endless," but predicted that Hutchins would be dead before the year is out. "James Hutchins is an animal," he said. "He killed three of my buddies." "After Hutchins shot the first two officers, he got ahead of the officer who was chasing him in a car, stop ped his car, knelt down and fired at the officer as he came into sight," Edmisten said. "It was a cold-blooded ambush even if everybody says it was in a drunken rage. "Whether or not you support the death penalty," he said, "you've got to abhor that." Parker announces candidacy for Student Body President By DICK ANDERSON Staff Writer Paul Parker, a junior international studies major from Jacksonville, Fla., has announced his candidacy for student body president. "I'm not a person who's ever waited for other persons to do things that need to be done," Parker said of his decision to run. "I see a real need for change a need for a student government that can actually do something and make a dif ference on those things that really matter. ' "First, I want to totally restructure stu dent government to give it the flexibility it needs," Parker said. He advocates eliminating the "paper-shuffling" com-' mittees that he says currently hamper the system. (slectlomis Elections Board is non-existent By MARK STINNEFORD Staff Writer Even though Student Government is currently without an Elections Board, Student Body President Kevin Monroe expressed confidence Wednesday that campuswide elections would be held as scheduled on Feb. 14. "I'm as anxious to get out (of office) as they (the candidates) are to get in," Monroe said. The last Elections Board chairman, Chris Cox, resigned for personal reasons at the end of the fall semester after serv ing for only two months. Before Cox took the position in Oc tober, it had been vacant since late May. Because of communication problems bet ween Cox and Monroe,: Cox missed several Campus Governing Council com mittee meetings scheduled to consider his appointment. The resulting delay in ap--proving Cox as chairman last fall forced a three-week postponement in elections held to fill vacant CGC seats. In the rush to hold the fall CGC elec tions, the Elections Board members recruited by Cox were never confirmed by the CGC. Thus, Student Government finds itself without an Elections Board. Cox predicted Tuesday that five of the 10 members he recruited for the board would agree to remain on it ..Monroe said Wednesday he hoped to present the CGC with nominations for the chairman and members of the Elections Board within two to three weeks. According to the Elections Laws, the board must consist of seven to 10 members. Also according to the Elections Laws, the board must make petitions available CGC rejects proposal to fund political groups By MARK STINNEFORD Staff Writer The Campus Governing Council Wednesday night rejected a proposal to allow the allocation of student fees to political organizations. An amendment to the Student Con stitution prohibits the allocation of Stu dent Activities Fees to "programs services or events of a political or religious nature." The amendment was passed in a student body referendum in February 1983. The defeated proposal would have set up a new student referendum on whether to drop the ban on funding political ac tivities. The proposal was defeated 15-4. CGC member Allan Rosen (District 7-graduate), a sponsor of the ill-fated bill, said the ban on funding political activities would prevent Student Government from actively pursuing programs supporting education, civil rights and the general welfare of the student body. . Rosen added that groups such as the Black Student Movement and the Association for Women Students now are unable to tackle controversial issues of in terest to students. "Why shouldn't AWS be able to work on isues that are controversial but of con cern to students?" Rosen asked. "What was political 20 years ago is educational now." Brian Dalton (District 15-South Cam pus), who was against the bill, said Changing the constitutional amendment could conceivably allow the CGC to fund radical groups of the right or left. Kerry Haynie (District 20-off campus) agreed. "What we've done is we've lost student confidence in government," Parker said. "There's no reason why the administra tion should know about student concerns before student government does." Parker said that meeting full student employment needs would be a top priori ty if he is elected. "I founded the Student Part-Time Employment Service, but it is not yet complete," he said. Parker added that he would work for salary wage hikes proportionate to tuition increases and for more hiring of students over non-students in the Student Stores and other University run operations. Parker's other main goal, he said, "is not a myth. UNC must "own its own phone system." If UNC employed a CENTREX system like those at N.C. State University and Wake Forest Univer sity, "the hook-up rate would be cheaper, monthly rates would be cheaper and there wouldn't be the annual connection charge," he said. Other changes Parker said he would like to make included decreasing prices in the Student Stores by enforcing prtv to candidates by Tuesday, Jan. 24. The petitions must be returned by Feb. 4, and the board must hold a compulsury can didates meeting by the same day. Monroe said he would appoint a stu dent in his office to ensure that the re quirements of the Elections Laws were carried out while the board members were being recruited and nominated. Other tasks that need to be accomplish ed include scheduling election forums, recruiting poll tenders, programming any balloting machines that will be used to count the votes and printing instructions to be used by the voters, Cox said. The process of getting students to man the polls alone could take two to three weeks, he said. Dennis Bartels, former chairman of the CGC Student Affairs Committee, has ex pressed interest in serving as Elections Board chairman. While he has not made a final decision, Bartels said he was not discouraged by the need to organize the elections on short notice. "It doesn't worry me much because I like challenges, and this is definitely a big one," said Bartels, a junior from Battle Creek, Mich. Bartels said he would make a final deci sion about the job after meeting with Monroe today. CGC Speaker James Exum said the council was waiting on Monroe. "We're ready, but we need the nomination," said Exum, who is running for Student Body President. "We can't act until the president gives us something upon which to act." See ELECTIONS on page 6 "Any group - whether it be Yound Democrats, College Republicans, KKK or whatever could be funded," Haynie said. CGC Student Affairs Committee Chairman Ron Everett (District 13-HRQ said the bill was irrelevant because students voted to ban funding political and religious activities less than a year ago. "The students have already decided on this; I don't see what the point is," he said. But Steve Reinhard (District 1 -graduate) said the CGC was a political body and should have the power to make political statements. He noted that col leges led the opposition to U.S. involve ment in Vietnam. "CGC can play a political role in affec ting national policy," Reinhard said. "I think we should do so." Faced with overwhelming opposition to the bill, Rosen attempted unsuccessful ly to amend the proposal to make it more acceptable to the council. He proposed banning funding of "political organiza tions," excluding Student Government or activities "held by any organization that is primarily educational or concerned with the civil rights or welfare of the stu dent body." Greg Hecht (District 15-South Cam pus) and other council members said the terms in Rosen's new proposal were am biguous and invited abuse by a future CGC. y In other action, CGC Speaker James Exum (District 15-South Campus) said he See CGC on page 4 My--V Paul Parker lessors' deadlines in ordering books and by indexing prices on other items, im plementing a "third channel" besides Campus Governing Council and Residence Hall Association for student input and coordinating academic com plaints regarding professor performance. Parker, a member of Chi Psi fraterni ty, is executive assistant to Student Body President Kevin Monroe as well as na- See PARKER on page 4 ' , - i