ShT laily tTar Mnl
Judge Blocks Honor Court Hearing
The Carolina Review theft case will be postponed until attorneys
resolve whether Honor Court hearings can be closed to the public
BY JAMES LEWIS
SPECIAL ASSIGNMENTS EDITOR
Superior Court Judge Jack Thompson signed a
temporary restraining order late Wednesday after
noon to halt the UNC Undergraduate Court’s hear
ing in The Carolina Review theft case.
The judge signed the order in Hillsborough, just
moments before a second day of hearings was slated
to begin at 6 p.m. in the case of two students charged
with impeding the free speech of the Review’s pub
The Daily Tar Heel requested the temporary
restraining order, and the publication’s attorneys
will file a complaint this morning asking for an order
permanendy barring the University and its Under
graduate Honor Court from conducting the court’s
proceedings in closed session.
The complainant also will seek court records and
Judicial Programs Officer Margaret Barrett was
asked early Wednesday afternoon to postpone the
Led by their counsel. Rich Fremont, left, and Reza Ardalan walk around Steele Building on
Tuesday on their way to the first day of testimony in the Honor Court hearings.
Police at Loss
BY SHARIF DURHAMS
University Police have made progress in the investigation of
the shooting after Saturday’s Greek Freak party in Carmichael
Auditorium, but few ideas have been presented on how to make
Police had as many officers patrolling after the party as pos
sible, University Police Chief Don Gold said. “It’s all frustrating
because we have continued to improve and collaborate the best
kind of security for these events, and it hasn’t changed anything at
certain events,” he said.
The 1:35 a.m. shooting of Durham resident Shon Chambers,
24, outside Fetzer Gymnasium occurred while officers were
patrolling outside Carmichael Auditorium, along South Road
and outside the Union. “The staff for the event under no circum
stances could be argued to be understaffed,” Gold said.
Since adding more officers to the event could not have pre
vented the incident, Gold said he did not know how to better
protect students at similar events. He said he contacted police
departments at universities nationwide to ask how they provided
“We’re looking into the matter just like everyone else is,” he
Gold said an officer on patrol saw a car before the shooting that
matched the description of the red two-door Honda shooting
suspect Plimpton Lee Robinson of Raleigh was driving.
Robinson, who allegedly shot Chambers once in each leg after
an argument with Chamber’s cousin, was charged with assault
with intent to kill and driving while impaired and is being held at
Orange County Jail under $50,000 cash bond. Suspects Anthony
Lamont McEachin, of Raleigh, and Zell Everette Harris Jr., of
Apex, were charged with aiding and abetting the assault and were
released Sunday on $2,000 unsecured bond.
Chambers was released from UNC Hospitals on Monday.
Gold said police still did not know if the suspects attended the
party Saturday, which was open to the public and drew about
Director of Greek Affairs Ron Binder said members of the
Greek community were looking into how to make their parties
“They want parties that are safe,” he said. “They’re concerned
about parties in the future.”
Because of the shooting, administrators canceled Great Hall
parties planned for the rest of the semester. The National Pan
Hellenic Council had planned a party for Saturday and Alpha Phi
Alpha, Inc. and Kappa Alpha Psi, Inc. were to sponsor one April
Incoming Pan Hellenic Council President Theresa Williams
said she thought cancelling the parties was not the proper way to
improve campus safety.
“I question whether banning Great Hall parties is a deterrent to
crime,” she said. “I don’t think this is the answer.”
See PARTY, Page 4
Spring weather returns to
Chapel Hill and brings
with it an arts and crafts
street fair. Page 2
hearing or open it to the public. She also received a
hand-delivered written request at 3:30 p.m. After
consulting with the University’s legal counsel, she
N.C. Press Association attorney Amanda Mar
tin went to Orange County Superior Court in
Hillsborough at 5 p.m. Wednesday to request the
temporary restraining order from Judge Thompson,
which he granted.
Members of the Honor Court including the
defendants and witnesses in the Review case
were assembled in the basement of Steele Building
for the proceedings when the injunction was signed.
The defendants, Reza Ardalan and Rich Fre
mont, have been charged with impeding the free
speech of the Carolina Review’s publishers. More
than 1,500 copies of the conservative magazine
were stolen on the night before student elections in
Student Body President Aaron Nelson, who is a
fraternity brother of the two defendants, entered
Steele Building just before the proceedings began.
Push for New Campuswide Hate Speech Clause Stalled
Nearly 30 days after student government held
a speakout in the Pit to protest hate speech and
hate crimes, library books found marred with
swastikas are still not back on the shelves.
But John Dervin, an advisor to Student Body
President Aaron Nelson, said Wednesday that
campus leaders were continuing to work toward
a University hate crime code.
On March 22, Nelson requested that Univer
sity administrators establish a hate crime code
by April 4. The vandalized books were found in
the Undergraduate Library on March 19.
But after further research, Dervin said, the
Nelson administration had decided its initial
deadline was too early. Dervin said the deadline
The Root of His Campaign
Hl Vl i I
Love your neighbor as yourself; but don’t take down the fence.
Candidate for Governor and former Charlotte Mayor Richard Vinroot speaks on campus
Wednesday outside Davis Library. Vinroot later had lunch in Lenoir Hall. See story, page 2.
Allergy season has arrived,
bathing Chapel Hill in a
shower of pollen. Page 3
Nelson, who has previously denied any involve
ment or knowledge of the Review theft, confirmed
he was at Steele Building to testify in the hearing.
Honor Court proceedings in the Review case will
not be able to proceed until attorneys representing
the DTH and attorneys representing the University
meet in court, which attorneys said was likely to be
Susan Ehringhaus, the University’s legal coun
sel, referred all questions to the state attorney
general’s education division. Although Ehringhaus
was informed before 3 p.m. that the DTH planned
to seek an injunction, no one represented die Uni
versity before Judge Thompson in Hillsborough.
Judges can issue temporary restraining orders
without hearing testimony from both sides of a
complaint. Chief Deputy N.C. Attorney General
Andrew Vanore Jr., said the University would
present its argument at the appropriate time.
“The University has not been heard,” he said.
“We will tell our story when it is appropriate to do
Vanore said he had been advised that student
hearings were postponed, but he had not seen the
injunction order and expected to review the case
Barrett said the hearings were closed to comply
with the Family Educational Rights and Privacy
Act, a federal law commonly known as the Buckley
The Instrument of Student Judicial Governance
also requires Undergraduate Court hearings to be
closed, Ban-ett said.
Fred Schroeder, dean of students, declined to
comment and referred all questions to University
legal counsel Susan Ehringhaus.
Student Attorney General David Huneycut also
referred all questions to Ehringhaus. “We are in the
process of litigation, and all questions must be
referred to University legal counsel,” he said.
Vanore, who has been with the attorney general’s
See COURT, Page 13
“We realized that we needed to do
more research on what other
campuses across the country are
doing for hate crime policies. ”
Advisor to Aaron Nelson
would not provide sufficient time to work out
the details. “We realized that we needed to do
more research on what other campuses across
the country are doing for hate crime policies, ” he
said. “We needed to make sure that we get
sound legal advice and that we don’t in any way
violate anyone’s First Amendment or any other
Let It Tow, Let It
Tow, Let It Tow
Ticketing and towing on
campus are on the rise
this spring. Page 3
Judicial Programs Officer Margaret Barrett reads a copy of Judge Jack Thompson's
temporary restraining order outside Steele Building on Wednesday.
Dervin said a committee, which will consist
of representatives from student government, the
Honor Court, the Division of Student Affairs
and other campus organizations, was being
formed to research hate crime codes at other
universities. Dervin said he thought the commit
tee would begin work in the near future and
continue through the summer to develop a pro
posal in time for the fall semester.
He said student government had sent Dean of
Students Frederic Schroeder a follow-up memo
randum containing the names of recommended
persons to serve on the committee. Schroeder
said he had received the memorandum contain
ing names of potential committee members, but
he said the committee had not yet been formed.
“The list had some excellent people, ” he said. “I
Heroic Fire Fighter Will Run
With Flame, Not Put It Out
BY ANGELA MOORE
Chief William Smith has dedicated 26
years of his life to putting out fires in
Chapel Hill, but this June, Smith will be
running down the town’s streets with an
open fire hazard the Olympic torch.
“I’ll be sure to keep it 36 inches away
from any combustibles," Smith said. “Es
Smith will be among five community
leaders who will be honored as torch bear
ers when the Olympic torch passes through
Chapel Hill in June on its way to Atlanta.
During his career, Smith has received
six commendations and 21 letters of appre
ciation, twice has been named Firefighter
of the Year, and has earned the fire
department’s first lifesaving award.
Smith said he was “ecstatic” he would
be carrying the torch, although he did not
know who had nominated him for the
honor. “It’s a big deal,” he said. “The
Olympic torch doesn’t come through here
that often. It’s a real honor and a privilege.
“Just to be able to pick up a torch and go
with it 10 feet is probably pretty special.”
Perhaps even more special is that the 5-
year-old boy whose life Smith saved in
September 1994 will be able to witness his
hero carry the torch.
Smith was on the way back from a
beach trip with a church youth group and
was witness to an auto accident involving
a Kansas family, which was also on its way
back from the beach. Smith saved Nicho
las Zavilka’s life that day, and did so with
the kind of quiet modesty that Smith’s
103 years of editorial freedom
Serving die students and die University
community since 1893
Volume 104. Issue 34
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CI996DTH Publishing Gap.
AS rights reserved.
Mostly sunny; highs
in the mid 70s.
Friday Parity cloudy; high 70s.
have told Aaron that we look forward to doing
this as soon as we can get a start.”
Following the discovery of about 45 library
books marked with swastikas and a series of other
incidents —including the publication ofthe Caro
lina Review that depicted Nelson with horns on
its cover and a cartoon printed in The Daily Tar
Heel that some called offensive—the DTH held
a forum to discuss hate crimes and speech.
Director of Hillel Darin Diner, who partici
pated in the forum, said he thought public discus
sion of the incidents served an important pur
pose. “I think a lot of awareness has been raised
and consciousness has been heightened. I want to
know what the next step will be.”
Lt. Clay Williams, the officer in charge of the
swastika investigation, said University Police
still had no suspects in the case.
boss, Chief Dan Jones, said was character
istic of the veteran firefighter.
“He doesn’t make a big deal about
things,” Jones said. “He just goes around
taking care of things quietly.”
Smith received a lifesaving award from
the fire department for saving Zavilka, and
the Chapel Hill Town Council passed a
resolution of appreciation in his honor.
Smith said he still kept in touch with Zavilka
and his family, who now live in Kentucky.
“I talk to him all the time,” he said.
“He’s a pretty sharp kid.” He said the
Zavilkas were “tickled to death” about
Smith’s torch-bearing honor and would
come by Chapel Hill on their way to the
beach so they could be here for Smith’s
Jones said Smith’s modesty was also
reflected in how he was dealing with the
honor ofbeing a torch bearer. “He feels like
he ’ s carrying the torch for all the firefighters
and the role they play in the community,”
he said. “He’s been very modest about the
When athletes from around the world
compete in Atlanta this summer, records
will undoubtedly be broken and heroes
proclaimed. For Chapel Hill and the
Zavilkas, none of these athletic heroes will
compare to Chief Smith, a modest and
unassuming community hero.