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100th Year of Editorial Freedom
Serving the students and the University community since 1893
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All rights reserved.
TODAY: Cloudy; high 55-60
Volume 100, Issue 15
in CataHo rape case
By Shannon Crownover
County Superior Court Judge Gordon
Battle denied Thursday two motions
from the defense to dismiss the case
against UNC senior Carmen Edward
Catullo but reduced the first-degree rape
charge to second-degree rape.
The jury began deliberation late
Thursday afternoon after all eight de
fense witnesses had taken the stand.
After deliberating for less than an hour,
members of the jury returned to the
courtroom at 5 p.m. to announce they
would continue deliberation at 9 a.m.
In Battle's instructions to the jury, he
said that jurors were the sole judges of
the credibility of the witnesses and that
it was their job to determine the true
facts of the case.
"The state must prove the defendant
is guilty beyond a reasonable doubt,"
Battle said. "The state must prove that
the defendant had vaginal intercourse
with (the accuser), they must prove the
defendant used or threatened to use
force to overcome any resistance from
By John Broadfoot
The Risk Management Committee
of the Inter-Fraternity and Panhellenic
councils is creating a judicial review
board to look into possible infractions
of the alcohol policy.
The board will help enforce the new
policy without putting a burden on fra
ternity and sorority presidents, said
Laurie Austin, vice president of the
"We really needed a system to en
Flier prompts CGLA to organize rally
Members: 'IncestPedophilia Awareness Week' sign a direct attack
By Steve Politi
Members of the Carolina Gay and
Lesbian Association are organizing a
rally to voice their concerns about a flier
circulated around campus this week that
they believe exhibits homophobic atti
tudes. A fluorescent yellow flier that reads
"IncestPedophilia Awareness Week"
is a direct attack on CGLA's Lesbian
Gay Awareness Week, said Svati Shah,
"This is written discrimination and a
physical violation," Shah said. "This is
certainly not conducive to a safe envi
ronment on campus, a safe environment
that every student deserves."
"A public stand needs to be made that
this kind of discrimination is intoler
able." The flier is the "work of someone
Officials oppose Edwards'
decision to drop mediation
By J. Michael Bradley
University officials filed a motion
Monday opposing University Police
officer Keith Edwards' motion to end
mediation in her discrimination suit
against the University.
Officials moved to oppose Edwards'
motion and to force Edwards to pay
the mediator's fees, which the Univer
sity previously had agreed to pay.
w Edwards decided to drop mediation
last week because of a delay and the
University'schoice of Carolyn Elfland,
associate vice chancellor for business,
as their representative, Edwards stated
in a copy of the motion.
University Counsel Lars Nance said
the University would rather mediate
than go straight to trial to avoid the
difficulties involved in a trial,
r "The University is basically saying
that mediation is the reasonable thing
to do," Nance said.
The University's motion, written
Friday, March 27, 1992
(the accuser), and the state must prove
that (the accuser) had not consented to
Barry Winston, Catullo's attorney,
said Catullo should not have to be a
"This is a very unfortunate and tragic
incident for everyone involved, but it's
not rape," Winston said.
Orange-Chatham District Attorney
Carl Fox said Catullo should have
known the accuser did not want to have
sex with him when she said she needed
to go home.
"There's no way you can take those
words and turn them into 'yes, I want to
stay and have sex with you,'" Fox said.
Battle said if the jury had reasonable
doubts that the state had failed to prove
any one of the elements of second
degree rape, then the jury must return a
verdict of not guilty.
He added that he could not dismiss
the case because only the jury had the
power to decide whether the prosecu
tion had presented substantial evidence
of force and had clearly expressed non
consent. But Battle reduced the charge to second-degree
rape because substantial
force ournew policy," Austin said. "But
no one really wanted to be a narc."
The new alcohol policy prohibits
common containers, use of chapter funds
to buy alcohol for events with non
members present and alcohol at rush
Corean Hamlin, president of the
Panhellenic Council, said the purpose
of the board was not to seek out and
investigate every possible infraction of
the alcohol policy.
"The board will not be going out and
checking at mixers," Hamlin said. "The
well-informed," Shah said.
The writer uses a common attack of
homophobes on homosexuals by men
tioning pedophilia, which means hav
ing sex with children, Shah said.
"I think the backwards claim that we
are fighting a moral society to be as
immoral as we choose is wrong," Shah
CGLA recently was involved in a
struggle to gain student funding. Stu
dent Congress narrowly passed the
group's budget after a heated debate.
The fl ier does not mention the CGLA,
but it reads, "Support the movement to
provide student funding for the campus
support groups for these alternative
Shah said the incident needed to be
discussed in an open forum.
"What I'm concerned about is that
these are the kinds of opinions that are
taken as the majority view," she said.
the time requirements of a trial.
"In view of (the) plaintiffs ever
expanding estimate of howmuch time
she requires of the court, most re
cently placed at four weeks, it seems
appropriate that (the) plaintiff be or
dered to mediate," the motion stated.
Nance said the numerous parties
involved in the case would present
difficulties if the case were to come to
"Several of the people named as
. defendants in this case are either re
tired or out-of-state," Nance said.
The seven defendants include Chan
cellor Paul Hardin, Vice Chancellor
Ben Tuchi and former Public Safety
Director John DeVitto.
Orange County Superior Court
Judge Gordon Battle issued an order
Monday in response to Edwards'
motion. The order established a hear
ing May 22 for all pending motions in
the case. The order also stated that
Edwards' trial would be held during
See EDWARDS, page 7
J think most people are
evidence of serious personal injury was
not presented by the state.
First- and second-degree rape are
defined as forced vaginal intercourse
with another person against that person's
will. First-degree rape is more severe
because it involves serious personal in-'
jury, weapon use or more than one of
fender. Catul lo, a former member of the UNC
wrestling team, was indicted Nov. 4 by
an Orange County grand jury on second-degree
rape charges. But a grand
jury granted Fox an increased charge of
first-degree rape Feb. 17.
The first motion for dismissal was
introduced by the defense Wednesday
afternoon. A second motion for dis
missal was introduced Thursday after
noon, following the testimonies of the
Catullo, 22, of 1-3 Kingswood Apart
ments was the first defense witness to
testify. Catullo described the early morn
ing hours of Aug. 25, when the rape
supposedly occurred, as a "mutual en
counter" between himself and the ac-
See CATULLO, page 7
only purpose will be to hear cases
brought before the board."
Robert Jones, IFC vice president,
said the board would get most of their
cases from reports made by security
guards at Greek parties.
"The main way cases would be
brought before the board is from
Showprose Security company," Jones
Showprose is the security company
that now monitors Greek functions on
Jones said the guard at each party
"The majority view they're not."
In addition, a CGLA member said a
flier listing the events of LesbianGay
Awareness Week was placed under her
door with homophobic remarks written
Alicia Groeger, a Cobb resident, said
she hung the CGLA's flier on her door
to publicize the week's events. It was
torn down, and someone had written
"Anti-Gay and Lesbos of Cobb" on the
Groeger said she thought incidents at
Student Congress meetings could have
sparked the problem. A representative
was reprimanded by congress Wednes
day for his behavior at the budget hear
ings. "It seems like if students do that on
the Student Congress floor, it makes it a
little more acceptable for students to do
it," she said.
Matt Stiegler, a CGLA member, said:
Editor's note: This is the last in a
five-part series dealing with black reli
By Christina Nifong
When Marion Phillips entered the
living room of Black Muslim leader
Elijah Muhammad in 1969, he expected
to see a lion of a man speak a message
of fire and brimstone.
Instead, he found the self-proclaimed
Islamic prophet quiet and cerebral. He
described the lunch at Muhammad's,
with 20 or so from Chicago's black
academic community, as having the at
mosphere of a monastery.
"He had that confidence that comes
with vision," said Phillips, associate
dean in the School of Medicine. "The
vision that (comes from saying) 'I un
derstand the most important things about
the people, that I share their struggles,
hopes and sufferings.'"
This visionary man was the link be
tween a strict, ancient religion practiced
primarily in the Middle East and the
civil rights movement in America.
In 1965 Elijah Muhammad published
the book "Message to the Blackman in
America" to present Islam as a new way
to enforce alcohol policy
would fill out a form and turn it in to the
Jones said the committee was pres
ently interviewing fraternity and soror
ity members for positions on the board.
"We've had a really good response,
particularly from the sororities," he said.
Jones said he anticipated more fra
ternity members signing up after an IFC
meeting earlier this week.
The board will consist of 32 mem
bers. Five to seven members plus a
scribe to keep records of the hearing
would hear each case, he said.
"I don't think this is an isolated incident
at all. I really believe that gays and
lesbians at UNC are subjected to a hate
greater than any other group here."
Groeger said she had met with hous
ing department officials, who are orga
nizing floor meetings to discuss the
Shah said: "It's anti-CGLA, overtly
so. It's blatant, it's inappropriate, and
"It's the kind of stuff that people do
thinking they're being cute, being funny.
It's an indication of the situation we
have to deal with."
Shah added that most homophobes
aren't out in the open with their com
ments. "It shows what we're up against,"
she said. "People are showing their true
colors, and their true colors are yellow.
"In a way, I think this is evidence that
we're being heard."
for struggling black Americans to im
prove their lives. It was an urban answer
comparable to the black Protestant reli
gions in the rural South, Phillips said.
Harold Wallace, vice chancellor for
University affairs, said adherents of the
Nation of Islam, or Black Muslims,
believed in Islam with a twist. Elijah
Muhammad's message called for blacks
to unify, rejecting slave masters' names
and religions and participating in their
own economic and education systems.
He stressed the five pillars of Islam and
submission to the will of Allah as ways
to strengthen the black community.
Orthodox Muslims believe their god,
Allah, revealed their holy book, the
Koran, to the prophet Muhammad in
the seventh century. Islam was revealed
step by step according to what Allah
determined the needs of the people were
at the time, said Moahad Dar, secretary
of UNC's Muslim Student Association.
First, people were taught to believe in
the existence of one god, then a specific
than their opinions.
Carmen Edward Catullo, left, testifies during his trial Thursday morning
Austin said reports would be turned
over to the board, who will research the
incident and then hold a hearing.
"If they find more evidence, they
will bring the fraternity or the sorority
up on charges," she said.
Judi Barter, assistant dean of stu
dents, said the Risk Management Com
mittee was still working on details of
the board, but the proposal might be
ready in mid-April.
"We're just in the process of putting
it together," she said. "Nothing has been
set in stone. We don't even have the
Landfill a necessary
evil, area residents say
By Jennifer Brett
Anti-landfill signs litter the sides of
Chapel Hill's streets, and hundreds of
residents have voiced opposition to a
new landfill, but some residents are
tired of the protesters' noise.
"I'm sick of everyone complain
ing," Chapel Hill resident Tricia
Scholz said Thursday. "I understand
that no one wants a landfill near their
house, but it's got to go somewhere."
Scholz, who lives near Site 2 on
Homestead Road, said she would not
be opposed to a landfill near her home
as long as it did not pollute the area.
"What really pisses me off is all
those signs," she said. "What are they
going to do with all those signs? :
They're going into the landfill. The
of unity, hope still strong today
code of living was detailed.
This code, in its barest form, is re
duced to the five pillars of Islam: pro
fessing faith in one god, praying five
times a day, paying alms, fasting during
the month of Ramadan and making a
pilgrimage to Mecca.
In addition to these basic require
ments, the Koran dictates ways Mus
lims should eat, drink, dress, treat
women, marry, divorce and educate their
people, among other things.
"Islam is not only on a spiritual level,
but is with man, every time of day so
man will not cut himself off from God,"
This quality attracted blacks in the
'60s when the Nation of Islam was at its
height and the urban black community
was hostile, Phillips said. "It was not a
community that provided you a healthy
environment, nurtureddreams, but (one
that) was being preyed upon by a vari
ety of what we would call the under
The Nation of Islam was an answer to
that. Elijah Muhammad led a move
ment that offered hope, Phillips said.
"In large urban areas, they were re
claiming certain control overtheirlives."
Elijah Muhammad began his work in
Jorge Luis Borges
proposal together to give to the Inter
Fraternity Council and the Panhellenic
Jones said that as soon as board mem
bers were selected, training would be
gin so that the board would be prepared
to hear cases beginning next semester.
Austin said the Risk Management
Committee would vote on the proposal
If it passes, board members will be
gin training for the rest of the semester
and could begin hearing cases as early
as late September, she said.
person who madeall those damn signs
should have to be on the committee to
pick a new landfill site."
Scholz said she was confident the
Landfill Search Committee would take
precautions to ensure water supplies
and flora and fauna surrounding a new
landfill would not be harmed.
: "I'd hate to see any of the natural
beauty of Chapel Hill destroyed be
cause of a landfill," she said. "But it's
not like (LSCmembers)havegone off
willy-nilly about finding a new site. I
hope they will pick the best site and
protect the area around the new land
fill as best they can."
; Scholz's comments came a day af
ter the LSC decision to drill on four
potential sites forgeotechnical evalu-
See LANDFILL, page 4
the 1930s when he was chosen by little
known Farrad Muhammad, founder of
the Nation of Islam, to be chief minister
of the movement. In 1 934, when Farrad
Muhammad mysteriously disappeared,
Elijah Muhammad left Detroit and
opened a temple in Chicago, dubbing
See ISLAM, page 2
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