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Wrestling topples Northern Colorado for third consecutive victory 12
Knottʼs Berry Farmʼs ʻSilver Bulletʼ pierces holes in boredom See insert
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Letters from a death row inmate Kenneth Clair claims heʼs an innocent man sentenced to die By BRITTANY KUHN Daily Titan Staff
Kenneth Clair does not believe in the death penalty, especially not for himself. A death row inmate at San Quentin prison for over 17 years, Clair strongly advocates against the death penalty and for his exoneration. On Nov. 15, 1984, an assailant
Titan makes family proud
described by child witnesses as white, broke into a Santa Ana home and brutally murdered a resident babysitter named Linda Rodgers. Rodgers was tied up and gagged, stabbed in the neck and back, strangled with clothing and beaten on the head with a pipe. Nearly 20 years later, Clair, a black man, says he is wrongly serving a death row sentence for a crime he did not commit. “I have nothing to hide in me,” said Clair in a letter during correspondence with the Daily Titan. “First and foremost I am an innocent man under
the sentence of death behind the walls of San Quentin prison, on death row for a crime I did not commit. Iʼve been claiming factual innocence for almost 20 years now, fighting against the machine (the state of California) not only for my life, but for my freedom as well.” According to Clairʼs testimony and public court documents, Rodgers was a live-in babysitter who took care of the children of Margaret and Kai Henriksen. The sources indicate that Rodgers expressed fear for her life before she died because Kai Henriksen had a criminal record of
murder and violence, ties to an outlaw motorcycle gang and involvement in drug trafficking. Clair, who was a transient living next door to the Henriksens, had been arrested only three nights before the murder when Kai called the police claiming Clair had burglarized them. There was no evidence found linking Clair to either the burglary or to the murder, for which he was sentenced to death, according to the documents. Since the summer of 1987, when Clair was sentenced, the 45-year-old has been fighting against capital pun-
California’s Capitol Christmas
This Issue
Haidl, but before then both defense attorneys and prosecutors for the case will spend time determining how to prevent a second mistrial. “Iʼm not sure they can avoid another mistrial,” said Richard Orozco, a criminal defense attorney not involved in the case. “What the [district attorney] has to do is get the facts in and get them in clean.” Orozco, who once tried a case three times, said itʼs important to make sure the same stories are told each time around. Defense attorneys will probably go through transcripts from the last trial to ensure that the testimony adds up, Orozco said. “The defense will [probably] be better prepared,” he said. Haidl has run into several problems with the law while out on bail. Most recently Haidl caused a traffic accident and tested positive for alcohol consumption. Although Haidlʼs actions while out on bail cannot be brought up in his retrial, Orozco said jurors chosen for the next trial will have already been exposed to that information through the media. “As an observer, I found it inter-
Daily Titan Staff
Daily Titan Staff
Inside
Greg Haidl defense attorneys aim to avoid another mistrial
The Associated Press
The state capitol is reflected in one of hundreds of ornaments hung on the state Christmas tree outside the capitol building in Sacamento, Calif.
DEATH ROW 5
Court to retry OC rape case HICKMAN
By LINDA HO
COLLEGE 3
have been multiple claims that his original trial was littered with jury misconduct, hidden evidence and misrepresentation of the law. Julian Bailey, Clairʼs previous public defender who had no prior experience in death penalty cases, has since admitted that he defended Clair incompetently. He issued a statement on behalf of his inadequate performance to the UC Irvine New University: “The defense I presented at the guilt phase of Mr. Clairʼs trial was
By LAURA GORDON and KELLY
Senior will be first woman in her family to graduate college Serena Lopez, a senior human services major, will be the first female member in her fatherʼs extended family to receive a bachelorʼs degree. Her expected May 2005 graduation is an event that will be a source of major pride for her family. The majority of her aunts and female cousins have not pursued a college education. Many of them had gotten pregnant immediately after graduating from high school. A handful of them attended one or two semesters at a junior college before dropping out and joining the work force in order to raise their young families. “I had a real family-oriented childhood,” Lopez said. “I remember always being happy.” Her parents, Ronald and Irma Lopez, were loving parents who sheltered her from certain traditions, particularly those that did not encourage the pursuit of higher education. “I never really hung out with my cousins,” she said. Now, at 22 years old, she looks at her cousins and recognizes the fact that she does not want to end up like them. Instead, she would learn from their mistakes. Three of her cousins, ages 22 to 24, each have two kids. Lopez has taken on the role of godmother to their children. “I think they feel that they have less in common with me,” she said, referring to her cousinsʼ feelings toward her educational path. Many of her cousins have expressed the desire to return to school. “I always tell them that I would help them with studying or applications,” Lopez said. Unfortunately, they have yet to take up her offer. Lopez grew up in a quiet, middleclass neighborhood in Whittier. It was
ishment and a judicial decision that he claims wrongly imprisoned him for nearly a third of his life. A series of rare federal court hearings were held in August as a last round of appeals that detailed many of the possible errors of the original trial. In light of these recent evidentiary hearings, many claim that Clair is innocent – including prior jury members, close friends, college students, and advocates opposed to the death penalty. Many have since spoken out about the suspicious conditions under which Clair was arrested and there
In the wake of OJ Simpsonʼs 1995 murder trial, public interest in criminal court cases involving celebrities has intensified. More recently, trials of non-celebrities, like the Scott Peterson case, have taken a hold of the publicʼs attention as well. Now, Orange County is focusing in on its own high profile non-celebrity case. The case involves Greg Haidl, the son of former Deputy Sheriff Don Haidl. Haidl is one of three teens accused of gang raping a 16-yearold girl. The case has created buzz throughout Orange County since its start in July 2002. Last June, a judge pronounced a mistrial for the case after the jury deadlocked during its deliberations for a verdict. In January, a new trial begins for
HAIDL 4
Students with children face unusual challenges Parents on campus strive to balance school with family
last minute before signing out, and then it is straight to the books. Now, imagine that on the way home you must pick up your children from daycare, help them with their homework, play with them, bathe them and tuck them into bed with their favorite bedtime story. However, your day is not over yet, for once these tasks are complete, you finally begin your homework. A schedule like this might appear far-fetched, but it is a reality to many Cal State Fullerton student-
parents who balance family and school. “Homework was done after the kids were in bed, starting at 11 p.m.,” said 35-year-old Veronica Tagle, a summer 2004 graduate of CSUF whose husband supported her decision to return to school. “You have to decide whatʼs more important: family or school. When school is over, family is all you have, so family comes first.” Still, Tagle said she feels as though her education commitments
took valuable time away from her family. Rene Perez, a CSUF graduate student and father, faces the same challenge. A workweek of 30 to 40 hours and an academic load of 12 to 16 units a semester took over his undergraduate years. “I wish I could have spent more time with my son,” Perez said. While some college students spend their weekends at parties with friends or going out to dinner, some student parents do not have that
luxury. “When friends were going out, I couldnʼt do anything,” Perez said. “It was me and my son.” Some parents like Perez feel that their involvement in CSUF is limited because of their responsibilities as a parent. Although Perez said he was a member of the Geology Club, he also aspired to join the Intercollegiate Committee, but was unable to
If Peter Panʼs Neverland is home to boys who refuse to grow up, then video game composer Tommy Tallaricoʼs Sound Studio is home to a man who refuses to give up his
video games. “My generation grew up on video games,” Tallarico, 36, said. “I mean, I was weaned on Space Invaders, Pac Man, television and Atari.” Video game sound has come a long way since then, largely due to Tallaricoʼs dual passions for music and video games. By approaching video games like movies, worthy of their own soundtracks, he ensured that the bleeps and bloops of the pong ball and its paddle would never
make it onto a sound effects list of any of todayʼs games. “I loved those games,” he said. “[But] I didnʼt want to listen to the ʻdo-do do-dit-dit-do.ʼ It was ridiculous.” Tallarico got his start as a video game sound composer in 1991 while working at The Guitar Center when he ran into a Virgin Interactive Entertainment game designer on his first day. He started with Virgin the next
day and went on to head the music and video division where he was the first to use live guitar in a video game and the first to release a video game music CD worldwide. He was also the first to use 3-D audio in a game. By 1994, Tallaricoʼs reputation as a sound designer had grown so quickly that he went into business for himself. Tommy Tallarico Sound Studio is now the largest audio production house in the industry.
“Itʼs an art in a craft, trying to layer sound upon sound upon sound,” said Larry Ward, a radio-TV-film professor at Cal State Fullerton. Sound is so important, in both video games and movies, that the Radio-TV-Film Department is designing a class called Audio for Film. Over the last 15 years, Tallarico has written music and created realistic sound effects for more than 200
NEWS
SPOTLIGHT
OPINION
SPORTS
FULL EFFECT
Physical fitness is mental workout 3
New carols for finals week 8
Club scene etiquette, Titans soar past chivalry not dead 6-7 Eagles in overtime 9
By JENNIFER BELLENDIR For the Daily Titan
After hours of intense focusing on mildly interesting professors, you report to that part-time job where $6.75 an hour does not suffice for the frustration. Your weary eyes are glued to the clock for that
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‘Incredible’ designer makes advances in sound Composer Tallarico has created effects for over 200 video games By TIFFANY AMEJKA For the Daily Titan
VIDEO GAME 4
Video game winners, losers See insert
2 Week of December 13-17, 2004
News IN RIEF
NEWS
Week Brr, it’s cold out here ... This DEC. 13-17, 2004
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Monday Semester examinations begin and gnashing of teeth can be heard all the way down in the underworld. Demons are pleased. However, students can prepare with 24-hour All Night Study in the TSU through Friday at 5 p.m. Also, a midnight snack will be provided every night at midnight.
Probe into Yushchenko poisoning reopens VIENNA, Austria — Ukrainian prosecutors reopened their investigation into allegations Viktor Yushchenko was poisoned after doctors who treated the opposition leader confirmed he had been slipped the toxic chemical dioxin, as Yushchenko returned home Sunday to campaign for this monthʼs presidential run-off vote. Yushchenko said he didnʼt want the poisoning issue to overshadow the Dec. 26 vote, but the director of Viennaʼs elite Rudolfiner said that a potential criminal case could be involved.
Camp Titan, the recognized philanthropy of the Associated Students Inc. will hold its annual Holiday Toy Drive from Nov. 11 through Dec. 16. All donations from the toy drive will go to underprivileged children, ages 7 to 14, in Orange County.
Prospects for Saddam trial still uncertain BAGHDAD, Iraq — In the year since he was captured and hustled away to a secret location, Saddam Hussein has taken up gardening, undergone a hernia operation and written poetry that one visitor describes as “rubbishy.” What he has not done is meet with any of the 20 lawyers who claim to represent him. And with the country in the grips of an insurgency that remains strong, predicting when Iraqʼs most famous prisoner will be tried is no easier now than it was on the day he was pulled from his hiding spot in a spider hole near his hometown of Tikrit.
Monday Night Football, featuring the Kansas City Chiefs against the Tennessee Titans, will be shown in the TSU Underground at 6 p.m.
2 U.S. soldiers killed in Iraq fighting
Release some of your exam stress through ASIʼs All Night Study Massages. They are free in the TSU Fireside Lounge from 11 p.m. to 2 a.m. through Dec. 16.
BAGHDAD, Iraq — A U.S. Marine was killed in Iraqʼs volatile Anbar province Sunday and another soldier died in a roadside bombing, while suicide car bombers hit American military vehicles west and north of the capital, killing three attackers but causing no coalition casualties. Also Sunday, insurgents fired mortars and rocket-propelled grenades at Iraqi National Guardsmen in downtown Baghdad as part of a campaign to derail next monthʼs nationwide elections and target Iraqi forces who collaborate with U.S.-led troops. There were no casualties reported. A day earlier insurgent attacks left three senior Iraqi police officers dead.
4 killed in Gaza checkpoint bombing GAZA CITY, Gaza Strip — Palestinian militants blew up an Israeli army base at the Gaza-Egypt crossing Sunday by sneaking more than a ton of explosives through a tunnel, killing four Israeli soldiers and wounding at least 10 Austria — the largest Palestinian attack in the month since Yasser Arafatʼs death. Shooting broke out after the blast, which collapsed several structures at the crossing and damaged others. Israel said the attack jeopardizes peace moves and demanded Palestinian action to stop the militants.
Free Movie: Old School starring Will Farrell will show in the Titan Theatre at 9 p.m. and midnight.
KELLY HICKMAN /Daily Titan
... There must be some Titans in the atmosphere. An abominable snowman takes over a frontyard in Fullerton Sunday night. Other homes around Orange County are also decorated for the holidays.
Cop
University Police log for the week of Dec. 6-Dec.10
12/06 15:41
bandʼs place of work and “go on a rampage.” Police assisted the man.
BLOTTER
A man was given a warning after being caught skateboarding near the Kinesiology and Health Science Building.
12/06 19:19
Nation
A man driving a red Acura with no license plates was reported looking into car windows in the Nutwood Parking Structure. Police were unable to locate the man.
Flu shot supply grows, demand withers
12/07 12:30
SEATTLE, Wash. — In October and November Americans stood in line for hours to get one of the precious few flu shots. But now that more vaccine is available Austria — with a few million more doses expected from British and German suppliers Austria — demand is dwindling. Rod Watson had to cancel 1,000 flu-shot clinics in four states when the national vaccine shortage cut off his supply two months ago. Now Watson has flu shots aplenty Austria — and he canʼt give them away. Reports compiled from The Associated Press
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The Daily Titan is a student publication, printed every Monday through Thursday. The Daily Titan operates independently of Associated Students, College of Communications, CSUF administration and the CSUF System. The Daily Titan has functioned as a public forum since inception. Unless implied by the advertising party or otherwise stated, advertising in the Daily Titan is inserted by commercial activities or ventures identified in the advertisements themselves and not by the university. Such printing is not to be construed as written or implied sponsorship, endorsement or investigation of such commercial enterprises. The Daily Titan allocates one issue to each student for free. Copyright ©2004 Daily Titan
Police assisted an individual after he vomited and passed out in University Hall.
12/07 15:33
A man called police after his wife allegedly threatened him. The couple is apparently going through a divorce right now and the wife said she was going to come to the hus-
12/08 12:15
Police separated a crowd after a concert in the Titan Student Union caused serious overcrowding.
12/09 13:20
A brown SUV with subjects sitting on the roof yelling was reported driving down West Campus Drive. Police were unable to locate the vehicle.
12/10 08:22
Police were notified of a tree that was illegally cut down in the Arboretum overnight. A report was taken.
12/10 10:36
A master key to the TSU was reported stolen. A report was taken.
Tuesday A brand new late night Drop-in Fitness class, Kickboxing, will take place in KHS 203 at 10 p.m. Wednesday A brand new late night Drop-in Fitness class, Hip-Hop dancing, will take place in KHS 203 at 10 p.m. Thursday Hanukkah ends today. Today is also the deadline for the Camp Titan Toy Drive in TSU Information and Services at 5 p.m. Friday If youʼre planning to make merry this holiday season by hoisting a few, be forewarned: Fullerton Police are determined to make sure you do not ruin the holidays for others by causing a traffic accident. Fullerton Police will conduct a checkpoint that will be dedicated specifically to watching for intoxicated drivers. The location of the checkpoint is not being announced but will be on a major thoroughfare. Motorists passing through the checkpoint will receive safe driving literature donated by Mothers Against Drunk Drivers.
Free Bowling and Billiards on TSU Lower Level from 11 p.m. to 6 a.m. through Dec. 16.
All events are free and on campus unless otherwise indicated. If you would like to have a specific entry put in the calendar section, please send an e-mail to news@dailytitan.com.
Weather
Wednesday, Dec. 15 Sunny Low 46°
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Tuesday, Dec. 16 Sunny Low 47°
68°
Wednesday, Dec. 17 Sunny Low 45°
69°
FORECAST
Monday, Dec. 13 Mostly Sunny Low 47°
72°
Tuesday, Dec. 14 Mostly Sunny Low 51°
77°
Compiled from The Weather Channel
NEWS
Daily Titan
Week of December 13-17, 2004 3
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Escape a moving violation COLLEGE
from page 1
Officers weigh in on roadside strategies for dodging tickets By CRYSTAL URIBE For the Daily Titan
Getting out of a ticket might be easier than youʼd think. Thirty-four million people receive a ticket from a police officer each year, and about 3 percent take it to court, according to books4you.addr.com. Prepared drivers beat their tickets four out of five times, according to
paynofine.com and cleandrivingrecord.com. The sites introduce two books, “Beat the Cops, The Guide to Fighting Your Traffic Ticket and Winning” and “Speeding Excuses that Work.” The books offer ways to avoid traffic tickets and what to do when you are stopped. Danny Ventrella, a citizen of Los Angeles County, has been pulled over four times. He was able to escape two tickets. He was stopped for rolling through a stop sign and running a red light. When asked how he got out of the first ticket he said, “That guy was really nice, he
was a young guy. When he told me I rolled the stop sign I told him I was sorry, and that I did not realize I rolled it.” Ventrella apologized and the police officer let him off with a warning. When stopped for running a red light a female officer stopped him, and, according to Ventrella, was “really rude.” After telling the officer he did not know why he was pulled over the officer said, “Donʼt try to get out of it, you know what you did.” Ventrella got out of it, although he does not know how. She
health educator of California State Fullertonʼs Health Center, said this is true, crazily enough. “I think it caan be a terrific idea if people will actually be healthy vegetarians,” Schulz said. “I seem to run into a number of students who are junk food junkies.” Schulz also said meat may not be the culprit in the detrimental way Americans eat. She finds that students, and the public alike, spend their time hanging out at fast food restaurants, what she called the “fast track to an earlier death.”
Indeed, eating a hearty amount of vegetables is healthy for whoever consumes them, vegetarian or not. For instance, The National Cancer Institute has the “Five a Day for Better Health” campaign that promotes eating five or more servings of fruits and vegetables per day. Many vegetables and fruits have been linked with lifesaving attributes, such as lowering the risk of cancer and heart disease, two of the countryʼs leading killers. Schulz said she also likes to
extended its hours during finals to give students more time to exercise and help relieve the feelings of stress that are present this time of year. The fitness lab will be open from noon to 1 p.m. and then from 2 p.m. to midnight this week. Websterʼs dictionary defines stress as a physical or mental factor that causes bodily or mental tension and may be a factor in physical health. Overloading on study time for finals and worrying about doing well on exams can cause these feelings of stress. Good sleep, good nutrition and,
most importantly, exercise are three ways to fight those feelings of stress, said Alison Witwer, assistant director of Recreational Sports. “Weʼre trying to help students with at least one of those things by staying open late,” she said. Hector Orellana, senior kinesiology major and fitness lab attendant, said 160 students and 25 to 30 faculty members attend the fitness lab each day. However, he said he has seen a decrease in numbers in the last couple weeks.
TICKET 4
Vegetarians eat junk food, too Herbivores neglect to eat their vegetables just like everyone else By AMANDA PENNINGTON For the Daily Titan
Vegetarianism is on the rise, especially among college students. As healthy as that sounds, a common problem among vegetarians is that they sometimes tend not to eat enough actual vegetables. Ada Schulz, nutritionist and
HEALTH 5
Activity helps test performance Experts say our minds need exercise, rest for maximum output By JESSICA ESCORSIA For the Daily Titan
Hitting the books for long hours or cramming for looming final exams can cause quite a bit of stress for students, and the Cal State Fullerton Recreations Department is providing students an opportunity to cope with the pressure. The fitness lab on campus has
FITNESS 5
a racially diverse area where a mix of ethnicities and cultures thrived in unison. Being born of Mexican and Native American descent, Lopez had always interacted with a colorful mix of people. Her best friends from second to eighth grade happened to be Japanese twins. Lopez always received good grades in school and would also participate in sports or other types of extra-curricular activities. “Iʼd do a lot of reading as a kid; I loved to read,” she said. Lopez attended public school from kindergarten to eighth grade. She graduated in 2000 from CantwellSacred Heart of Mary, a co-ed Catholic high school in Montebello that her parents had chosen because it offered a small class size and a good curriculum. She then attended Mount St. Maryʼs College, an allgirls Catholic school, located in Los Angeles. However, Lopez does not claim to be a practicing Catholic. Her parents did not push religion on her or her brother. They stopped going to church every Sunday when she was about 9 years old. “Itʼs there,” Lopez said, referring to her Catholic faith. “It influences me enough to do whatʼs right and know whatʼs wrong.” Her parents didnʼt force their beliefs on her, but they have high expectations for her. Lopez said she feels that her family holds all of their ambitions in her. She acknowledges that her college education is an accomplishment as well as a burden. Although the pressure from her parents can sometimes be overwhelming, Lopez said that they have been a major motivating source in her educational career. Her father attended UCLA for his undergraduate studies, but did not graduate. Her mother earned an associateʼs degree in nursing at Los Angeles Community College and did not pursue any further education. Both parents have instilled the importance of a college education in her. “Iʼm deathly afraid of failing and not succeeding,” Lopez said. “If I
LINDA HO/Daily Titan
Serena Lopez, a senior human services major and Women’s Center intern, is one semester closer to her goal of obtaining a bachelor’s degree. were not able to get into grad school, I would be disappointing my family.” When she decided to try out for the “Vagina Monologues” play this semester and found out she got a part in the performance, her dad expressed concerns. He warned that she might encounter scheduling conflicts. “Iʼm so like my dad, it kills me sometimes,” Lopez said. “Heʼs never in the moment; itʼs always ʻwhat ifs.ʼ ” She added, “I have my momʼs kindness and openness, and I got the skepticism from my dad.” Her father, who is now retired, was an LAPD detective along with three of her uncles. Law enforcement runs in the family, Lopez said. And so does social work. Lopezʼs aunt on her motherʼs side, Martha Becerra, always told Lopez that she would be the perfect social worker. Becerra, who earned her masterʼs degree in social work at USC, helped disabled children and would often allow Lopez to tag along. “I would always hang out with them,” said Lopez. “I guess you could call that the door opener for me.” Lopez plans to pursue her mas-
terʼs degree at either USC or Boston University. She said that her decision to become a human services major was “plain and simple.” “I love to help others,” she said. “I feel that that is my purpose in life.” Susan Leavy, who is Lopezʼs internship supervisor at the Womenʼs Center, said Lopez is a serious student, but she is also a person who can laugh at herself. Lopez, who works full time as an assistant manager for Bath and Body Works, frequently reminds herself that “work is work and school is school.” Nancy Nguyen, Lopezʼs friend, said she finds it amazing how Lopez can balance a full load of classes and a work life. “I admire her for that,” Nguyen said. Lopez said she hopes she would one day be able to work for a nonprofit organization that deals with social issues. “What she will bring into her work is her life experiences from her extended family, and not just book knowledge,” Leavy said. “This makes her more believable, more emphatic and a better role model.”
4 Week of December 13-17, 2004
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because of his parental commitments. His experience, or lack there of, is not unique. Tagle said she experienced the same dilemma when she was unable to complete an internship. “I feel like I missed out on so much,” she said. Some college students may chose to ditch a class or two because they simply do not wish to attend, but student parents are sometimes forced to miss class because their child has a fever or they cannot find proper childcare. There are many sympathetic professors who work with student parents in these situations. Perez said one professor allowed him to take an exam a week later because, “I had to take my son to class one day during a test because I had no one to watch him.” Fortunately, her professor understood, but not all do. “Some professors give you a harder time because they do not care if your child is sick,” said Brenda Carrizosa, a graduate student of CSUF who has encountered some professors who were not as considerate. “They figure, well, you chose this life, so deal with it,” she said. When one is both a student and a parent, Carrizosa said, balance is key. “You need to really be able to manage your time. If you spend too much time on school, you forget about your kid,” she said. “You have to find time to study and write papers because kids donʼt always understand.” In addition to getting a bachelorʼs degree in child development, Carrizosa has also worked at CSUFʼs Childrenʼs Center as a master teacher for the past seven years. “The Childrenʼs Center offers student-parents a way to go to school,” she said. “We improve the quality of their familyʼs life.”
Through the Childrenʼs Center, student-parents are able to meet individuals with similar adversities. “I received support from other parents,” said Tagle of the friends she made while volunteering at the center. However, not all studentparents have the privilege of keeping their children at an on-campus daycare. “My school had a daycare, but due to budget cuts, my kids werenʼt eligible to use it,” said Ana Allen, who attended Chaffey Junior College in Rancho Cucamonga while her two children were still toddlers. “So I had to take my kids to another daycare and that was extremely expensive.” Nevertheless, Allen said she did not let childcare costs taint her decision to get a college education. “I started college when Jamie (her guardian child) was a senior in high school because I found myself telling her that college is very important and that everyone needs a college education,” she said. “I was telling her what she needed to do, but I wasnʼt leading a good example. Basically, I decided to go back to school to be a better example for my kids.” While Rachel Frazee was closing the book on her high school years and embarking on a new adventure into college, her mother, Andrea Frazee, was doing the same. After an injury left Andrea unable to perform her duties as an ultrasound technician, she enrolled in Fullerton College. Some teenagers might have been uncomfortable with these circumstances, but Rachel said she is proud of her mom. “I think it was probably hard to go back to school with people that are the same age as her children,” she said, adding that “sometimes people do not realize how easy they have it until they step into someone elseʼs shoes for a day.” Carrizosa had some advice for those students without children. “Donʼt have kids until youʼre done with school because you donʼt realize how hard it is,” she said. “Take advantage of the time you do have.”
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VIDEO GAME
from page 1
video games, such as “Tomorrow Never Dies,” “Tony Hawk Pro Skater,” “Madden Football” and “Sponge Bob Square Pants,” and he also did the sound effects for the movie “The Incredibles.” Recognized as the premiere soundtrack composer in the video game industry, he has developed a fan following which includes industry insiders and video game players. In fact, Tallarico loves what he does so much that he has developed four separate projects based on his combined interests of music and games. In addition to Tommy Tallarico Sound Studio, he hosts and produces the TV shows “Judgment Day” and “Electric Playground.” His Mystical Stone Entertainment L.L.C. produces a series of live, worldwide concerts featuring video game music preformed by an orchestra and choir.
HAIDL
from page 1
esting that the suspect stayed out of jail as long as he did,” said Kevin Meehan, a criminal justice professor at Cal State Fullerton. “Considering he was consistently violating terms of bail, it raises questions of preferential treatment of [Don Haidlʼs] son.” Media and the public have scrutinized the case, watching closely to see if the Orange County Sheriffs Department imparts any privileged action toward Haidl. “[The case] is suspicious since his father is a prominent member of the community,” Meehan said. Meehan also said the trial has drawn attention because of the caseʼs subject: rape. “You have the titillation of the sexual aspect of the case with the media and sensationalism,” Meehan said. “It sells papers, gets TV coverage.”
He also developed the Game Audio Network Guild, a non-profit organization aimed at educating the masses and advancing the development of the audio industry. “There have been some specialists, such as Tommy Tallarico and the Fatman, who deserve credit outside the game industry,” musician Thomas Dolby said. Through the guild, Tallarico has helped create spots for video game soundtracks in the Grammyʼs. So, how does he have time to run four companies at one time? As Tallarico tells it, itʼs all in the math. The average person sleeps eight hours or one-third of the day. By age 30, theyʼve slept through 10 years of their lives. Tallarico, on the other hand, only sleeps four to five hours a night. So, heʼs been awake for five years more than his peers. “So what would you do if you could start right now, no sleep and be awake for the next five years?” he asked. “Think of all the things you could accomplish. Itʼs unbelievable.”
TICKET
let him off with a warning advising him not to run a red light again. Cadet Jeff Fullington from El Monte said one of the most common excuses given is, “I have to go pick up my kid.” He also believes that if a female is stopped by a police officer she may use her sex appeal to get out of a ticket. When asked if it works, Cadet Fullington said it could work, and some officers even give out their number, although he said they wonʼt admit it. An officer of Los Angeles County who has requested not to use his name, has read books on how to fight tickets because he believes “knowledge is power.” He says that people try to get out of tickets all the time, but “when people try to get out of a ticket it makes me mad, so they get the ticket.” The officer has had people offer him sex, beer, argue, cry, offer him money, women have pulled their shirts up and he
has had people question his probable cause. He says he releases an average of 90 percent of those he stopped. The officer is looking for the bad guys, “If you are not a dirt bag, I let you go. If you are sorry, I let you go.” After receiving a ticket many people choose to pay the fine because it is easier than going to court to fight it. Others believe that if you show up to court it is less likely you will have to pay the fine, because the police officer wonʼt show up. The Officer of Los Angeles County said he always shows up to court because his department pays him time-and-a-half to appear. He also said that officers get in trouble for not showing up; apparently, judges do not like wasting their time. He says that when officers pull someone over they are trying to solve a problem. After receiving a ticket, statistics show within six months of the ticket you are less likely to get into an accident, according to the officer. “Tickets save lives,” he said.
A sex tape of the alleged rape, filmed by Haidl, Keith Spann and Kyle Nachreiner, is critical evidence for the case. Prosecutors say the tape proves the girl was unconscious and therefore unable to consent to the sexual acts, but defense attorneys argue the video shows that the girl is aware of what is going on. “Anytime you have video of anything, you can find things that help you,” Orozco said of the key evidence. Although the video shows a first-hand account of what took place, Meehan said, it is still subject to interpretation. “[Jurorsʼ interpretation of the video] is the most critical element for the prosecution,” Meehan said. Although Haidl was underage at the time the video of the alleged rape was made, he is being tried as an adult, a decision that Lorraine
Prinsky, a CSUF sociology professor, does not agree with. “Itʼs more common than it ever used to be,” Prinsky said, explaining that cases involving minors can go straight to a municipal or superior court, bypassing the juvenile justice system. “It definitely hurts a young person [because] his punishment could be with hard criminals.” On Dec. 4, an Orange County Jail deputy shot Haidl with a taser gun after Haidl allegedly threw a tantrum following an interrupted candy bar swap. Jail policy does not allow inmates to trade possessions. Peter Scalisi, Haidlʼs attorney, is presently trying to have Haidl moved to a mental hospital. The juvenile justice system is set up for rehabilitation, Prinsky said. In the adult prison system, Haidl could not receive any assistance. “When you send young people to
adult prisons, theyʼre going to come out more dangerous,” Prinsky said. “Odds are they wonʼt be a better person after it.” Prinsky said people donʼt understand the juvenile justice system. “I think the general public is perfectly content with locking up people,” Prinsky said. “They want law and order. Theyʼre not concerned with whatʼs going to happen later.” Prinsky is wary of how the attention to the case will affect Haidl. “If it werenʼt a high profile case, itʼs hard to say what would happen if he was acquitted,” Prinsky said. But because people know of him now, Haidl is more likely to have problems if he is found not guilty, Prinsky said. “I think his father should have known better,” Prinsky said, explaining that as a public figure, Don Haidl should have watched his son closely.
from page 3
SPOTLIGHT
Daily Titan
spotlight@dailytitan.com • (714) 278-5693
DEATH ROW
from page 1
that the prosecution had not proven its case beyond a reasonable doubt. I did not present an affirmative defense … I have concluded that my mitigation investigation and representation of Mr. Clair at the penalty phase of his trial were inadequate.” Apparently, Bailey did not communicate a proper alibi and did not contact key witnesses. Those key witnesses were a 5-year-old child who claimed the assailant was white and a man Clair claimed he was playing pool with the night of the murder. In order to publicize his proclaimed innocence, Clair has been involved in pen pal and e-mail programs to communicate beyond the walls of his sixby-nine-foot prison cell. These efforts, coupled with a Supreme Court final review of Clairʼs case, have resulted in capturing the attention of many anti-death penalty activists. K. Bandell, a woman who has corresponded with Clair for years and who is an ardent activist against the death penalty, became convinced of Clairʼs innocence and took it upon herself to review the facts of the case. After discovering what she believed to be an authentic plea of innocence, Bandell befriended Clair. Bandell said that despite Clairʼs circumstances, she says he is inspired to continue to have a positive attitude about life.
FITNESS
from page 3
“Thereʼre only a few that actually take the time to exercise because theyʼre stressed out with projects and papers and they forget about exercising,” Orellana said. “We should do the opposite.” The American Council on Exercise
“Once you meet Kenneth Clair youʼll never be the same,” she said. “There is something very magical about him. This is a man who speaks from his heart.” Clair, in letters to the Daily Titan, described how almost two decades on death row has affected him. “I am surrounded by negativity. I hear it 24/7 and when my eyes are open I see it,” Clair wrote. “To keep from becoming swallowed up alive in this negativity I make it a point to do at least one good deed a day. I guess itʼs my way of holding onto some degree of humanity here.” Bandell said of Clairʼs behavior that “itʼs as if heʼs bargaining with the cosmos. … As if he keeps doing these deeds he might tip the balance of justice.” Clairʼs case represents a much greater issue than himself: capital punishment. “Philosophically, my sentiment stems from a belief that violence is [used as] a substitute for thinking,” said Bandell of her fervent defiance of the death penalty. “My arguments do not emerge from a particular religious perspective but a belief in the sanctity of life. There are alternate ways to handle delinquent behavior. Society as a whole is entitled to communal aspirations of justice.” Bandell said she believes there are biases involved in reference to race, gender, poverty and mental health, and that these biases become evident in jury verdicts such as Clairʼs. According to the Death Penalty Information Center, a sophisticated study in Philadelphia in 2004 found
that for similar crimes committed by similar defendants, blacks received the death penalty at a 38 percent higher rate than all others. However, Clair claims his case is not a race issue. “It is not a black or white thing,” he wrote. “Itʼs the poor folks who are placed here on the death rows in this country. To me the death penalty is wrong. One can look at my case and see that the wheels of justice are not turning right, as far as the death penalty is concerned. Itʼs inhuman, a form of anguish of the body and mind, that drains a little bit of life out of you with the passing of each day.” Barry Carlton, deputy attorney general of the state of California, who inherited Clairʼs case in 2001 and prosecutes on the side of the state, said Clair is entitled to fight his case against both the guilt and penalty phase in an automatic appeal under the law. However, the Supreme Court upheld and affirmed both phases of guilt. “In Clairʼs case, in the early ʼ90s, Clair went into a federal court and started attacking his sentences,” Carlton said. “He wanted to demonstrate that the court got it wrong. At this point, we are going to argue whether or not the claims should allow his release.” There are only two trials left for Clair, Carlton said. However, the greater issue of the death penalty is one that weighs heavily even upon state prosecutors like Carlton. “Our office holds that capital punishment is the law of the land and
the job of our office is to enforce the law,” he said. “But I think itʼs an artificially expensive process. It actually costs quite a bit more to execute someone than to imprison them.” Since Clair has been convicted, heʼs had two attorneys and one state attorney who are paid for by the state. Attorney, consultant and doctors fees have all come into the case. “You pay judges to listen to the case and clerks to process it,” Carlton said, adding that this is an expensive process. Carlton said that twice as many inmates have died of natural causes on death row than actual execution. “I have no moral problems with the death penalty,” Carlton said. “But I do question whether the state is getting its moneyʼs worth. When you only execute one person every few years, you donʼt really have a death penalty.” However, Clair and activists would argue that statistics show the death penalty is a vital issue. Katie Falbo, the president of the UCI chapter of Amnesty International, agrees. This yearʼs group focus was on the death penalty and when organizing a panelist event, Falbo came into contact with Bandell, heard Clairʼs story and made his case the focus of the event. “We wanted to create action for Kenneth Clairʼs case,” said Falbo, a fourth-year international studies major. The group hosted a panel that spoke out against the death penalty, using Clairʼs story as a central example of the corruption of the justice
reported that exercising stimulates a chemical produced in the brain called neurotransmitters. These chemicals mediate oneʼs mood and emotions and in the end, help one feel better and less stressed. Exercising also releases chemicals into the blood stream called endorphins. These endorphins give an overall feeling of happiness and well-
being, which can help in coping with the upsetting moods that may occur because of stress. Just one session of exercise can produce 90 to 120 minutes of a relaxation response, also known as “endorphin response,” according to Mindtools.com. Witwer suggests taking a break during long periods of uninterrupted
study to help cope with stress. “Your brain can only hold so much,” said Witwer, adding that taking an hour from studying to exercise will actually give students better results. themselves out more. The Recreation Department also provides late night drop-in fitness classes for those who want to vent their frustrations and relax.
Week of December 13-17, 2004 5 system. Falboʼs most recent effort involves writing letters to Gov. Arnold Schwarzenegger to inform him of Clairʼs plight. “The governor is the last person who will look at the death penalty case before it is set in stone,” Falbo said. “Heʼs the Courtesy of K. BANDELL one to sign the Kenneth Clair has been in prison for 17 years on capital paper and stamp murder charges. Clair maintains he’s innocent. the OK. Itʼs getting so close to the end of the line and evidence to murder sits in his cell and we want to make the governor aware waits. Whether or not he awaits life so that when he gets the paperwork, or death is subject to the final court review in January of 2005. he knows.” Until then, Clair is caught up in a Falbo admits this is not a plan of action, but a last resort. Falbo is cur- mental struggle to survive. rently trying to find alternative legal “What is being forced upon me is representation and new evidence to the sickness of the system,” wrote turn the case around. She, like Clair, Clair from his jail cell. “To be forced is trying to get the word out. to live under the threat of death for “Youʼd be surprised how many 17 years is enough to make a strong of these cases have been overturned man cry and a weak man take his because of students,” she said. “I plan life. Here I am treated as though it is on getting this guy off death row.” a known fact I am going to be put to For Clair, and the death penalty, death. Iʼm fed slop as though I am a the future is unclear. Since 1977, hog out on the farm being fattened Falbo said, 117 people have been for the kill.” exonerated. On average Clair has been locked “Itʼs amazing to think that we are down in the home he calls a cage for executing innocent people,” she said. 19 hours a day for 17 years. In the meantime, as Clairʼs story “As I sit here typing this out to you, generates mounting interest in the Iʼm looking at the gunmen now,” said moral issue of capital punishment, Clair. “I am living under the barrel of a man who has not been linked by a gun.”
HEALTH
from page 3
remind vegetarians and omnivores that canned and frozen vegetables are just as nutritious as fresh, and keep in the cupboard or freezer much longer. “We may go to the produce section when we feel inspired and never even get around to washing and cooking them because we have busy, crazy lives,” Schulz said. Karyn Hartglass, the executive director of Earth Save, an activist organization dedicated to promote a plant-based diet, cites the environmental effects that vegetarianism can have on the environment. “You could create roughly 10 times more plants to feed directly to people rather than to animals,” Hartglass said. Hartglass also said that raising livestock and the grain that goes to feed them is depleting the fresh water supply and the topsoil, which is necessary to continue to grow crops. Abigail Hamburger, a kinesiology student and personal trainer, said she
believes vegetarianism to be healthy as long as the person is actually eating vegetables and is getting all the nutrients necessary to the body. “Some people call themselves vegetarians but only eat breads and pastas,” Hamburger said. Hamburger also said that during finals week, nutrition is especially important, adding that eating enough fruits and vegetables and a balanced diet can help the body to function well. Schulz said she would like to challenge all students — besides trying to eat five servings of dark fruits and vegetables a day — to eat one fruit or vegetable per month that they have either never tried before or have not had in awhile. “Each fruit and vegetable has its own special uniqueness that is designed to give our bodies what we need,” Schulz said. Experts agree that vegetarians are on the right track to health as long as they can handle the moniker and eat a balanced diet with lots of fresh veggies.