The gamecock. (Columbia, S.C.) 1908-2006, November 07, 1995, Page 2, Image 2
Attorneys ask fo
sxxdated Pre?
CHARLESTON ? Lawyers in the legal challenge to The
Citadel's all-male corps of cadets asked a tederai judge Monlay
to again delay a trial after they bickered over evidence.
"The more I delay, the more I cause problems next sumner
and next spring," U.S. District Judge C. Weston Houck
earned.
Houck has set a Nov. 20 trial on whether a women's leadrship
program at Converse College is an acceptable alterative
to women cadets at The Citadel.
Hie trial was to have been held last summer to determine
f Shannon Faulkner would be permitted to become a cadet.
Death Row
inmate to get
new sentence I
Usodated Press I
COLUMBIA?A man sentenced to die
or the murder of a St. Matthews woman
nust get a new sentencing trial because
urors did not know he could never get
jarole if they rejected the death penalty,
he state Supreme Court says..
When the court on Monday upheld
lames Neil Tucker's murder conviction
)ut ordered a new sentencing trial, it reied
on a previous South Carolina case
hat helped redefine death penalty senencing
across the country.
Tucker was convicted of murder in
he July 2,1992 death of 21-year-old Shanaon
Mellon. He was accused of robbing
ler home and shooting her three times
in the head. I
Last year, the U.S. Supreme Court
ruled in a case stemming from the murder
conviction of Jonathan Dale Simmons
that juries must be told of parole ineligibility
if prosecutors argue the future dan- In
gerousness of the accused.
Simmons was convicted of the July
1990 beating death of Josie Lamb during
a burglary at the elderly woman's Columbia
home. Since he previously had jjH
been convicted of two violent crimes, state
law meant that a second violent crime
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parole.
Tucker also had been convicted of a
previous rape in Utah, so he also could
never be eligible for parole.
Though Tucker will get a new sentencing
trial for the murder of Mellon, he
also faces the death penalty for killing
Rose Lee "Dolly" Oakley.
Oakley was shot to death in June 1992.
Zelenka said Tucker was fleeing from
authorities after the murder of Oakley
when he killed Mellon and stole her car..
Two other Death Row inmates have
sought new sentencing trials based on
the Simmons case. The case has spurred
several appeals on other states, too, Zelenka
said.
Charleston students
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conduct grades
Associated Press
CHARLESTON ? Students who misjehave
in school could get a poor conluct
grade on their report card soon unler
a proposal being considered by the
Charleston County Academic Policies
md Instruction Committee.
"What I see now is kids coming to
school with a lack of respect for authorty
and thafs the problem that this is atempting
to address," said school board
nember Larry Kobrovsky.
The Student Accountability Act would
equire all middle school and high school
students to be graded for conduct. Elenentary
school students already have
such standards.
Conduct grades would be based on
vhether students respect their teachers,
hemselves and their fellow students and
ivhat efforts they make toward showing
jood conduct.
Grades from each teacher would be
iverapied together tr> ppf, the smrp whirh
vould appear on a student's report card
alongside academic grades.
The act proposes to create a l-to-5
scale with 1 representing poor behavior
and 5 representing good conduct. Grades
aelow 4 would earn sanctions, Kobrovsky
said.
The plan could reach the low-level
roublemakers before their behavior gets
hem suspended or expelled, said school
aoard member Betty Varner, who coauhored
the plan with Kobrovsky.
This is mainly to get that middle-ofhe-road
crowd that tries to see just how
ar they can push your buttons," she said.
The proposal must be approved by
he committee and the full school board
jefore it could be enacted.
If the measure passes, Kobrovsky
irnri Vip wonts tr> wrvrlr with arVinnl ct-_nff
md teachers to devise the sanctions.
Earner said some possible punishments
?uld include in-school suspension, Satirday
school or requiring students to atend
citizenship workshops.
Kobrovsky got the idea from his grandither's
report card from 1905-06 that
icluded similar grades.
"Every child can't get an A or B acaemically...
but I don't see anybody who
an't behave. If s a choice," he said, and
lassage of the plan would show the dis
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net is serious that your character counts i-soo-collect is
nd behavior matters."
The Gamecock |
r more time in i
But Houck ruled then there was no time to hold the trial
fore school began. That opened the way for Ms. Faulkne
become the first woman cadet in August, although she drop
out after less than a week on campus.
The trial has since been delayed twice.
Houck indicated he would give lawyers more time,
he rejected a request from Val Vojdik, the lawyer for Na
Mellette, to put off the trial until January. Ms. Mellette
taken Ms. Faulkner's place in the case.
Houck didn't set a trial date Monday, but said he wj
appeals courts to be able to have the case before another c
of cadets enrolls at The Citadel next fall.
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be- He took no action Monday on a Citadel request to limit
r to the scope of the trial or another request from Ms. Mellette's
ped attorneys to order The Citadel to process applications from
women.
He also didn't act on a request from Ms. Vojdik seeking
But records on discipline for hazing or suicide attempts as a rency
suit of hazing at The CitadeL
has Ms. Vojdik said there have been allegations of hazing of
gay students at The Citadel and she alleged that The Citadel
ints system lessens respect for women,
lass The 4th Circuit Court of Appeals ruled states may have
leadership programs for women if they don't lessen dignity
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rnverse program
or respect for women, Vojdik said.
Citadel attorney Dawes Cooke objected to the request,
saying the records have nothing to do with the Converse program.
"Certainly they are not saying Converse has to produce as
many suicide attempts as The Citadel," Cooke said.
Houck said he wasn't sure the documents would produce
any relevant evidence. But he told Cooke it's impossible to
try the case without looking at the value of the Citadel system.
"It seems to me you can't divorce from the trial all consideration
of single-sex education," he said.
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