Lincoln Journal Star from Lincoln, Nebraska on November 18, 1995 · 14
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Lincoln Journal Star from Lincoln, Nebraska · 14

Lincoln, Nebraska
Issue Date:
Saturday, November 18, 1995
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CD Lincoln Journal Star Saturday. November 18. 1995 CITYSTATE Page design: Mike Larseo Blair officers seek dismissal of lawsuit 6" Briefly BY ED HOWARD ; I Associated Pre ! - :Three Blair police officers who ; are defendants in a federal lawsuit ; . argue that a law intended to guar-; anlee access to abortion clinics is unconstitutional The three are among numerous ; defendants in a case filed by the par-' fents of a teen-age girl who was re-. . moved from their home in Blair to prevent her from obtaining an abortion. In a motion seeking dismissal of : the lawsuit, attorneys for officers ; Joseph Lager, Bernd Scherer and s Nicholas Thallas said the Freedom ' of Access to Clinics Act is unconsti-' tutibnal The law is central to a lawsuit filed by Carl and Connie Scott on behalf of themselves and their daughter. Ruby Scott. Ruby Scott was 15, pregnant and living with her parents in Blair when she was taken into protective custody Sept 29, 1994. , 1 ; : The police officers' motion also argued that the Scotts waived their right to file the lawsuit after they greed to abide by an order of a Washington County juvenile judge a day after she was picked up. Her parents agreed that Ruby would not have an abortion unless a court approved it - Lager, Scherer and Thallas also argued that they had "qualified immunity," meaning they could not be Used because they were acting as police officers. ' Attorney Pat Knapp, representing the Scotts, said Friday that a variety of motions filed by the "defendants in the last week were expected. "These are routine motions to dismiss that you get in every federal ; dvil case," Knapp said. "T he defendants always seek dismissal by arguing that you do not have a basis upon which to sue them, or that the These are routine motions . . Pat Knapp, Scott attorney 9 pertinent law is unconstitutional, or that they have immunity if they happen to be public officials. We expected these motions from every defendant." Ruby Scott gave birth to a girl, Breezy, 10 weeks after the incident Motions to dismiss also were filed by the father of Ruby's child, R. Heath Mayfield and by his parents, John and KathyTuIl. Their motion for dismissal denies an allegation that Mayfield tried repeatedly to contact Ruby, had his friends follow her and caused her to be threatened with assault It also argues the Scotts have no grounds for the lawsuit and waived their rights to a federal civil action through their actions in state court. Motions filed for Washington County and deputy sheriffs Darrell Howard and Kevin Willis asked for dismissal of a portion of the lawsuit that asks that all the defendants be barred from such activity in the future. "They are suggesting that we brought this as a class action lawsuit and we did not," Knapp said. Their motion asked U.S. District Judge Thomas Shanahan to hear oral arguments on the matter. The Scotts contend they were harassed so much in Blair that they had to move. Their attorneys say they are living in Iowa. Missing child's father sentenced NORFOLK - The father of Jill Cutshall, who disappeared eight years ago, was sentenced to prison Friday for sexually assaulting a child. Madison County District Judge Richard Garden sentenced Roger Cutshall to two to five years in prison on a charge of sexual assault of a child. Roger Cutshall, 42, had pleaded innocent to assaulting the 14-year-old girl in 1992. Jill Cutshall, 9, was abducted from the steps of her baby sitter's home in Norfolk in 1987. Her clothes were found three months later in Stanton County, but she has not been found. A former Norfolk man, David Phelps, was sentenced to life in prison for kidnapping the little girl. Roger Cutshall will be eligible for parole in one year. Second arrest made for child porn OMAHA A second Nebraska man has been charged with receiving child pornography on a computer network, federal prosecutors said Friday. A news release from the U.S. Attorney's office said Douglas Jensen of Omaha has been charged as part of a two-year investigation by federal authorities. The release did not say whether Jensen had been arrested, and it did not say if or when he might appear in court to answer the charge. Nebraska State Patrol Trooper Michael Shasky of Ogallala has pleaded innocent to a charge of receiving child pornography as a result of the same investigation. Federal authorities say that subscribers to the America OnLine computer service, which is not itself a part of the investigation, have used the service to transmit pornographic images of children. Shasky's home was raided on Aug. 22. If convicted, the men could face penalties of up to 10 years in prison and a fine of $250,000. Lincoln man arrested in shooting A 25-year-old Lincoln man was arrested early Friday morning for attempted first-degree assault in connection with a Nov. 10 shooting at a south Lincoln residence, said police Sgt Ann Heermann. ' ; Jose Feliciano, who listed different Lincoln addresses on court and j ail records, was j ailed for attempted first-degree assault but was not charged formally in the shooting. He did appear in court on three misdemeanor charges. He pleaded guilty to charges of no valid registration, not wearing a seat belt and possession of marijuana. He was fined a total of $150 and costs. He remained in . jail Friday. The shooting occurred at a residence in the 1200 block of Dakota Street. The victim told police his roommate answered the door and a man with whom he was acquainted came in with a weapon. One shot was fired from the small pistol and the resident said he felt the bullet graze his head. Police said he wasn't wounded. The incident occurred in the early morning hours but wasn't reported until later that afternoon. From news services St. Mark's eyeing Adventist building BY BOB REEVES Lincoln Journal Star St Mark's United Methodist Church is negotiating to buy the Mid-America Headquarters Building of the Seventh-day Adventist Church at 84th Street and Pioneers Boulevard for $3.4 million. The Rev.' Cecil Bliss, senior pastor of the Methodist church at 740 N. 70th St., said the deal will become final if approved by St Mark's congre-' gation. ; The Seventh-day Adventist building has 39,000 square feet, compared with 33,000 square feet in St. Mark's present site. If the purchase goes through, the church would move to : the 84th and Pioneers location, and ' would build a new sanctuary to the ' west of the existing building. . The existing building, now office space for the Adventist headquarters would become classrooms, meeting rooms and offices for St Mark's.-- St Mark's would sell 73 acres of land it owns farther south on 84th Street Bliss said. The church also owns five acres to the east of the Adventist property, which, together with the 15 acres surrounding the Adventist building, would create a 20-acre site for church expansion. Besides a sanctuary, the church also is considering building a gymnasium, at an undisclosed cost, Bliss said. '' Elmer Hauck, under treasurer and office manager of the Seventh-day Adventist building, said the building has been more than half empty since the sales staff was moved to the church's publishing house in Boise, Idaho, in 1994. The staff dropped from 64 to 26 as a result of that change. - If the sale goes through, he said the Adventists probably will builda new, smaller building elsewhere in Lincoln. The headquarters serves Adventist churches in a nine-state area.':- - Girl may not have been real target in fatal Omaha shooting The Star City Holiday Festival presents tfie ft?BfeBEAR PICNIC FUN FOOD ! MAGICAL ENTERTAINMENT ! HOUDAY MUSIC !& MORE! - , Saturday, Dec. 2, 1995 DOWNTOWN SENIOR CENTER 1005 10" Street (right on the Parade Route) Breakfast: 9:00 am to 10:30 am Lunch: 12:45 pm to 2:30 pm Each meal is only $3.50 Children must bo accompanied by an adult and reservations are required. 1 FEATURING I A Special Appearance by Santa and Mrs. Claus JZ A- CLIPS, MAIL OMAHA (AP) - The shot that Tailed a teen-age girl Tuesday may have been intended for another person who has feuded with residents in . the neighborhood where the shooting occurred, Police Lt. John Beers said. the motives we are researching because there is evidence of past feuds between . . . Jason Turner and other neighborhood youths," Beers said Thursday. "That is, in fact, one of our primary leads." Turner, 17, said Wednesday that "It's fair to say that that is one of "he was in a car with Toneka Flow ers, 18, when she was fatally shot in the head. "I still don't know the cause . . . but I've been shot at before in that car," Turner said. In April, Turner was charged with felony assault and use of a weapon to commit a felony in an as sault on a youth in the neighborhood. The charge later was dropped and Turner was ordered by a judge to stay away from the youth and his family, a Douglas County Court document said. No one has been arrested in the Flowers shooting. . Child(ren)'sName(s). Addr8ss ParentGuardian Daytime Phono Breakfast: Attending Lunch: Attending TOTAL ENCLOSED. x$3.50. .x$3.50. Sponsored By: Lancaster Foundation tor Mental Retardation, the Downtown Senior Center and Lincoln General Hospital Mall coupon and make check payable to: POLAR BEAR PICNIC Festival Headquarters 129 N. 10lh St.. Suite 111 Lincoln, Nebraska 68508 HURRY & CALL 441-7391 to make you reservation! . .. Tm BUY ONE DINNER, GET ONE11EE! As a holder of the Table for Two Dining Card, you will discover the pleasure of fine dinine in relaxed surroundings. Use vour Table for Two Dining Card one or two times and it will more than pay for itself! We are confident you win enjoy new aining experiences ana win return to me line restaurants featured on the Table for Two Dining Card. B2p 1 1 1 I M II N 1 1 MM H Si M'VH'TtH iLi 1 lllf Bst Western. I IMIjMtTTfHtt-Mf K'MT'W.1HH.SA (LhDi Um,M b,mflmmm tmt I IX ) 1 "I ISPAGHETTI M-I'W 1U1 Ml S 7 M'T-W'TH (1.1 M'ftt'tH cDl Give a Dining Card to Anyone on Your Holiday Gift List . .- Family ; Friends , Business Associates . Babysitter . Teachers Well Address it for You! Please fill out the form below. eaf Sl'MTWTHKSA (LhDi $20 Membership For Free Dinners at 20 Restaurants. Dining Card Good Until August 31, 1996. Purchase Additional Cards for Your Friends & Family! For card review, cost and purchase locations, or for restaurant restrictions call (402) 473-7137. To purchase using either a MasterCard or VISA, call (402) 473-7265. 4 SlMTKTH4SA iDl 1nolls HMTAUKANT ::nini,iriin m. W'TK-f ibi 44 Subs a Salod! (hmiiI ,tr .ill Iih ,il ions Sl-MWIH'SA ILKDl "SHilLiorOr Sl-SM'tt-IH lUDl Sl'M'T-tt.TH lUDl i;S.nilh V IMtiriirnhu.kri Hw). Sl.M'l'WTHAA iLHDl Mi 7lH(t A Ad,irtti '.MTTHr!A ILhDi M M' HuMrriw M-W. IDl ATLAlN w r MFXICAH MmvtAtrr :il N WlhSI 5l'AM'W.TH.-iA ILHDl WjllVlllrfLTDf MMtWH iDl UININ MlhSI T'W'TM lUl I 'JIIOSl ".'WTWTH44A IDl GRILLE PW.I Hiiiri. Ml rti Sl 'M'T-TH'SA iLkDi Card Holder Rules 1. Present ynur Dining Card when ordering a main entree and receive one main entree ol equal or lesser value KRKE. not In m limitation!, art by u resnmnmt. Offer does not include beverages appetizers, desserts, other a la carte menu items, nr tax. Offer not good on take out orders. Offer is giuitt one lime ill eueh n:hummt. 2. The Dining Card is not valid on holidays, including Thanksgiving. Christinas Eve. Christmas Day. New Year's Eve, Valentine's Day. St. Patrick's Day. Easter. Mother's Day. Memorial Day. Father's Day. Labor Day. and local graduation dates. 3. The Dining Card is not valid with other special otters or coupons, 4. Any individual restriction noted for a participating restaurant is listed on reverse side of the card. 5. SiiftRfsled tipping should equal 15 lo 20 of total billed before discount. 6. Your Dining Card expires Aug. 31. 19. We are not responsible for lost or stolen cards. No refunds or replacements will be given. ficlili (Schlotzsky's) MM S 1 H 1, 11 '4 t V Linciiln Suiurf I llh A O St. MWW'TH ILi CilHNl Jl illl W.llHtl 91M1WH4A IDl I Dining Card Enrollment Form I Dining Card Good Until August 31, 1996. ! Name- - '. Make check or money order payable to the Lincoln Journal Star. Mail along with this coupon to Dining Card. Lincoln Journal Star, 926 P St., Lincoln. NE 68508. rurcnase price ol Dining Lard is non-re! undable. Address. I City. I Phone Please send- StateZip. card(s) L HI tcm 1 I I Name. Address. City State , If card is a gift, please send to: ill laUni) Iron in antra nhmivMt;nli I I I Amount Enclosed $. Please Charge my VISAMasterCard accountl pGnnmnnmnn $20 Membership For Free Dinners at 20 Restaurants FOR OFFICE USE ONLY OQQj ,,e rri fl n ;;U-JLj L-JL-J I t Zip- Card Office J MaillJ Date I Please allow 14 days for delivery of Dining Card. Use the form above to order as many cards as you like! , Limitations Code I - V ,1 . n I V . V, :.: .... . aCtSt el II s V SU'MTW.THFSA Days Card is Valid (L) - Lunch (D) Dinner TV.o P lASn ' Featured in platter Tandori Shrimp, Vegetable Frazie, laSte OI inaia :-, Boti Kebab (Lamb), Tandori Chicken, 1320 O St. Mulleatwani Soud. Nann Bread & Rice. At Top: Appetizer Sampler & Mango Pistachio Cheesecake. K f . - at.

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