rn .
r*\ I T TT\ ■
'
1 if
J
%
V
LmJ
sportswrap
L
I II I I J 111%%# %
I|_J I I I I 1 I I I llVylili
Dunleavy, Duke dunk Villanova Duke defeated Villanova 98-85 as Mike Krzyzewski recorded his 500th win at Duke. See pages 6 and 7 SPORTSWRAP
Malone goes free on lawyer’s error By NORM BRADLEY The Chronicle
“Neither snow, nor rain... nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.” In this case, the rounds included cleaning up after Homecoming revelers and clearing away the tents erected for Friday night’s dance. ...
In a shocking ruling Friday afternoon, Judge Bruce Morton ruled there was no probable cause to hold David Patrick Malone for a jury trial in District Court, and eight charges against Malone were dismissed. Malone allegedly entered President Nan Keohane’s office at 1:40 p.m. Sept. 6 with a loaded weapon and threatened to “blow his brains out” if he did not get to see her. Maj. Robert Dean of the Duke University Police Department said Malone has been released from prison. His next court date is Nov. 27, when a grand jury will determine if he will face charges in Superior Court. The judge’s ruling resulted from a district attorney’s mistake, not a lack of evidence con- David Patrick Malone necting Malone to the crime “I think we were all stunned to hear that on some technical grounds he was let go,” said Senior Vice President for Public Affairs and Government Relations John Bumess. “We were certainly disappointed by theresult.” The district attorney called only one witness during the probable cause hearing—officer Mark Faust of Campus Police. Faust and his partner, officer Gary See MALONE on page 11
Mercer’s attorney Bush team: Let state reject recounts responds to Duke By TODD PURDUM and DAVID FIRESTONE N.Y. Times News Service
By GREG PESSIN The Chronicle
■
Heather Sue Mercer’s attorney, Burton Craige of Raleigh, filed a response to Duke’s post-trial motions this weekend, disputing the University’s claims that Judge James Beaty should reduce the $2 million in punitive damages against the University, reverse the judgment or order a new trial. On Oct. 12, a federal court jury in Greensboro awarded Mercer $2,000,001 after it decided unanimously that Duke and the football program had violated Title IX by not allowing the place-kicker the same privileges and responsibilities of male members of the team. In his brief, Craige argues that the evidence he presented justified the jury verdict. “At trial, Duke was unable to identity a single male member of the team who was not issued a uniform or pads, who was not permitted to sit with the team during home games, whose name was deliberately removed from the football programs and who was placed on the ‘inactive roster,’” he wrote. Craige also argues that Mercer gave Duke officials sufficient notice of the violation, as required by Title IX. He said that Mercer’s Aug. 25, 1995 press conference statement, which was given in the presence of thensports information director Mike Cragg and contained her first allegations of sexual discrimination, was enough. Furthermore, he said, President Nan Keohane testified that she saw an article about the conference in the News and Observer of Raleigh the next day, but that Duke never conducted a formal investigation. This act,
he argued, demonstrated deliberate indifference toward Mercer’s claim—another standard of Title IX. Craige further argued that then-head football coach Fred Goldsmith’s acts of “intentional discrimination’’ and the “deliberate indifference of senior Duke officials entitled Mercer to punitive damages under Title LX.
Fla. for Gov. W. Bush George Lawyers contended Sunday thatFlorida law set a clear deadline of last Tuesday for counties to submit all vote tallies except overseas absentee ballots, and they asked the Florida Supreme Court to let the state reject any manual recounts conducted after that date. In a 56-page brief that focused on the specific language ofFlorida’s election statutes, Bush’s legal team argued that the state legislature had fully understood that a manual recount could take longer than the seven-day deadline, and had nonetheless come down squarely on the side of a clear cutoff. “If a county board believes that a manual recount is important to ensure an accurate vote count in a closely contested election, it has a statutory duty to appoint enough counting teams to get the job done by the deadline,” said the Republican brief, submitted for a Monday court hearing. “If a board is unable or unwilling to do so, it should not exercise its unfettered discretion to embark on a manual recount.” Much of the Republican case is built on the contention that the Florida legislature knew exactly what it was doing in enacting election laws that at times appear to
TALLAHASSEE,
DEMOCRATIC ATTORNEY DAN FELDMAN walked into the Florida Supreme Court Sunday to respond to a brief filed by Republican lawyers in favor of ignoring recount results. conflict with each other, like the provisions requiring a tight deadline and allowing a time-consuming manual recount. Comparing the legislature to the “Framers of the Constitution,” Bush’s lawyers wrote, “Surely the Legislature would not have enacted two conflicting provisions at the same time.”
In their reply to the Bush brief a few hours later, lawyers for Vice President A1 Gore said that an accurate determination of the voters’ intent was more important than a “hypertechnical compliance” with a deadline in the law. They also went a step further and asked the high court for the first time to set a firm See ELECTION on page 11 P-
page 8, sportswrap Donor funds urology center, page 4 � Men’s Soccer advances in NCAAs,