The Honolulu Advertiser from Honolulu, Hawaii • 117

Th Honolulu Advertiser ISUHD EDITION Judge tells UH to reinstate Whitaker Issues temporary order; says player's rights were violated iff ft munity Sheriff testified yesterday that Whitaker wrote a statement about the June 27 incident and a public apology during a meeting last Friday in Sheriff's office. Whitaker and Sheriff then went to UH President Albert Simone's office, where they met Simone and Rockne Freitas, vice president for university relations, Sheriff testified. There, Whitaker was informed that he would be reinstated following a meeting the next day with the alleged victim Marlon Dyer and Dyer's mother, Freitas testified yesterday. officials told him last Friday that his reinstatement to the team was imminent, but then told him the next day that his suspension had been extended to the duration of the football season. Acoba said it appeared that the reversal had violated Whi-taker's constitutional due process rights.

"The university did not follow procedures in giving (Whitaker) due process," said Acoba. Acoba said his restraining order goes into effect when Whitaker's attorney, David Schutter, turns in the paperwork. Schutter said he'll do that this morning. A hearing on a permanent injunction will be held within two weeks, but By Stephen Tsai Advertiser Staff Writer Circuit Judge Simeon Acoba yesterday ordered suspended linebacker Terry Whitaker temporarily reinstated to the University of Hawaii football teami in time for tomorrow night's homecoming game at Aloha Stadium. UH athletic director Stan Sheriff suspended Whitaker before the season began in August after Whitaker admitted involvement in a June 27 altercation at Moose McGillycuddy's Pub and Cafe on University Avenue.

Acoba granted a temporary restraining order sought by Whitaker, who said that UH has not yet been scheduled. Whitaker will be eligible to play against Utah tomorrow night and against Texas-El Paso next Saturday night. The judge, meanwhile, urged the two sides to try to reach a settlement. "I've been in touch with (state attorney general) Warren Price and we re both working in good faith to reach an agreement," Schutter said last night. State deputy attorney general Charlie Fell, who is representing the university, said, "We're disappointed by the decision.

We feel the process that was in fact provided was fair and was all that was required by the university." Fell said Sheriff met with Whitaker several times, and those meetings fulfilled due-process requirements. Fell and Schutter disagreed about what those requirements are, under the UH student code. Acoba accepted Schutter's position, that UH officials should have held a formal hearing for Whitaker to state his case on the decision to suspend him for the entire season. Sheriff testified yesterday that he approved an Oct. 10 memo that said he was prepared to reinstate Whitaker, who was complying with requirements for reinstatement, including seeking counseling and agreeing to perform com i i.

in Terry Whitaker "I feel like I was cheated" See UH, Page A4 Aloha! (SdDdDdl siafiias-- inn Actions louder than words at Mideast talks The Advertiser CHANNEL (InEWS HAWAII POLL Beginning Sunday in the Star-Bulletin Advertiser and on Channel 2 News MASS TRANSIT: 1 Does the public support it? Is it worth the money? Should it go to Waikiki? Who would ride it? The Hawaii Poll measures public sentiment on Honolulu's proposed $1.7 billion rail transit project. Advertiser News Services MADRID, Spain Arabs and Israelis, divided by hatreds but bound by claims to the same holy land, spoke to one another yesterday in impassioned language that was directed as much to world public opinion as to their adversaries seated just a few feet away. Though sharing a common table, they spoke across a gulf of history and culture that Israeli Prime Minister Yitzhak Shamir said is "still too wide" to be quickly overcome in peace negotiations. What was most significant was something that didn't happen. No one walked out.

It was the first time, Israel, Syria, Jordan, Lebanon and the Palestinians aired their grievances in the same room, at the same time. While there were no offers of compromise on the key issue Arab demands for return of all Israeli-occupied land no one foreclosed that possibility either. All sides pledged to return to the bargaining table after the opening round of the conference ends today. When and where those direct talks would begin See Mideast talks, Page A4 HAWAII Touchette healing After two months in the hospital burn unit, Wendy Touchette is expected to be discharged this weekend Page A3 1 i -i' i 1 p. THE WORLD Dubrovnik's brief joy A flotilla delivering food and medicine brings a few hours of joy to a Croatian port under siege Page A21 MONEY Capitol asbestos cost nearly lost amid fix-up frenzy By Kevin Dayton Advertiser Capitol Bureau The public has come to know it as the $64 million state Capitol "asbestos removal" project, but state officials learned yesterday that they probably will need to spend only about $8 million to actually remove asbestos.

But the state still has big plans for the project millions of dollars worth. WTiat began with a modest plan to overhaul the building's air-conditioning system has ballooned in recent years into an overhaul of the 22-year-old Capitol an enormous effort that involves everything from installing granite flooring to putting new furniture in lawmakers's offices. And state Comptroller Russel Nagata said yesterday the project and its pricetag could still grow. Nagata said state planners are re-evaluating the project to determine whether it should: Be expanded to include still more improve- See Capitol, Page A4 First Family bids A California company comes out on top of the bidding for First Family of Travel Hawaii Page A25 WEATHER "-4'- '1 i i fi i it inniiw i il i nimiOiI t- ml 3 AP photo Neighbors check on an oceanfront home that was knocked off its foundation by wind and tide in Scituate, yesterday morning. An "extra-tropicar storm, which has no official name, has hammered the East Coast from Maine to Florida.

Story on Page A1 2. TODAY TONIGHT Mostly fair today and tonight. A few light showers near the mountains. Temperatures in 70s-80s. Trade winds, 5-15 mph.

Charles K.L. Davis dies at 66 His tenor had a magical range from vogue to rogue Isle, Mainland details, Page A2 THE INDEX 8 sections, 118 pages Automotive classified S1-8 Classified ads Comics, crossword, bridge D10 Editorials A18 Entertainment, movies B6-12 Horoscope D10 Living section 1 -1 2 Money section A25-28 Obituaries C5 Police Beat A2 Sports section CI -5 Stocks A26 TV schedule, highlights B6 ft0 I tions to the world of entertainment. People don't know that he went to heights that a lot of us just dream about." "A lovely part of Hawaii has passed on," said Robert Cazimero. "Charlie's from that time when peo- f)le were kinder, gentler who be-ieved in the aloha spirit and shared everything with everyone. We can never be as generous as he was." Danny Kaleikini said, "Charlie represented the Hawaii of yesteryear; we're proud of what he accomplished in the world of opera and of his See Davis, Page A4 Dick Rodby, the Kemoo Farm restaurateur who was a longtime friend and former employer of Davis, said: "Charlie was always a gentleman; he never had a cross word.

And he loved what he was doing he Sacked a hundred years of living in is 66 years." In recent years, Davis was in and out of the hospital, enjoying good days and battling the bad. His death saddened the entertainment community. "He was a good, terrific guy," said Don Ho, mourning a fellow performer. "I think it would be nice if somebody, someday, recalls his contribu By Wayne Harada Advertiser Entertainment Editor Charles K.L. Davis, one of Hawaii's beloved old-school entertainers whose career embraced the concert halls of New York, a command performance at the White House and a tour of the Soviet Union, died yesterday in Castle Memorial Hospital from diabetes-related complications.

He was 66. Davis his initials stood for Keo-naohalaulani Llewellyn was perhaps Hawaii's best-known and most versatile tenor who loved music at its simplest: singing at his piano in a cozy lounge, close to his audience. Charles K.L Davis Loved music at its simplest.