The Capital Times from Madison, Wisconsin on December 3, 2002 · 3
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The Capital Times from Madison, Wisconsin · 3

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Madison, Wisconsin
Issue Date:
Tuesday, December 3, 2002
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3
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Tuesday, Dec. 3, 2002 The Capital Times 3At John Finch shows some of the petitions he is distributing in an effort to recall state Sen. Chuck Chvala, D-Madison. Recall drive hits pothole Needs to collect more signatures By Anita Weier The Capital Times The group trying to recall state Sen. Chuck Chvala, D-Madison, will need to collect 1,595 more signatures than it originally expected. Citizens for Ethical Government started a recall campaign in late October, after Chvala was charged with 20 felonies for alleged misconduct in office, including extortion. The group is trying to force a recall election. Sufficient signatures must be obtained by Dec. 30. The new total required by the state Elections Board is 16,072, up from 14,477. The larger number reflects a larger vote in the Nov. 5 governors election than in the 1998 election for governor in the areas that are now part of the 16th Senate District, said Diane Lowe, an election specialist with the Elections Board. The group must collect 25 percent of the total votes cast in the new district. The district was reconfigured after the 2000 census, and the original estimate by Elections Board chief Kevin Kennedy reflected voting tallies in what is now the 16th District during the previous governors election. The Elections Board in their wisdom decided they would base it on the Nov. 5 election results in the governors election in the new district. It went up about 10 percent, to around 16,000, said John Finch, chairman of the recall group Citizens for Ethical Government. Its not the end of the world. They didnt double it on us. Finch said he would know how much of a challenge the group faces by the end of the week, after signatures on submitted petitions are tallied. The collection points are listed on the Web site being used by the recall group: www.cwqjl.org. Phony document trial begins with By Mike Miller The Capital Times And to think it all started with a bar fight. Two adherents of The Truth, a bewildering language that creates a kerfuffle out of normal English, go on trial today for allegedly filing phony legal documents against six local officials and police officers. Janice K. Logan, or Janicehyphen-KaycolonLogan, as she prefers to be called, and Jason Zellmer are charged with filing the phony documents earlier this year against Dane County Circuit Judge Moria Krueger, Clerk of Courts Judith Coleman, Assistant District Attorney Lana Mades, and Madison Police Officers Stephen Heimsness, David Gouran and Peter Schmidt. All of those served with the phony papers had some role to play in the arrest, prosecution and sentencing of Zellmer after a scuffle outside the Nitty Gritty restaurant and bar on Jan. 28, 2001. The phony documents allegedly filed by Zellmer, 22, of Oconomowoc, and Logan, 46, of Chatham, 111., appear to indicate the officials would suffer legal and financial harm for their conduct. A third person who allegedly had a hand in filing the false papers, Russell Gould, 29, of Arapahoe, Wyo., is still being sought. Logan and Zellmer are adherents of David Wynn Miller, Zellmers uncle, who insists something called the Unity States of the World is the only real legal system and has fashioned a new and confusing language called The Truth, which is allegedly based on mathematics and maritime law and in which the definitions of words depend on others that precede them. a mouthful j An example of that language came! early on in jury selection Monday, when ' Assistant Attorney General Roy Korte, i who is prosecuting the case, and the! two defendants, who are representing1 themselves, were asked by Dane ! County Circuit Court Judge Steven J Ebert to comment on a motion by; Korte to keep the names of jurors se- ! cret. (That motion was ultimately de- nied.) i Logan began her long response with ; For the claim of the quo warranto with the file date of the July 22nd, 2002, is ! with the claim for the authentication of J the claimant, and later concluded, For the ease of the court and the of the ! modification of the language for the un- J derstanding of the court with the voli- i tion of the name of the words as the ! nouns as the nouns and facts as the facts." ! More of that was expected today. After Zellmer was convicted of re-' sisting arrest but acquitted of disorderly ! conduct for the 2001 brawl, he was put ; on probation for two years. But when he and Logan allegedly! served the six officials and officers with what appeared to be summonses for a federal court action, his probation was revoked and he was held in jail from April until July, when the three months he had served was deemed sufficient time. He and Logan now face six felony counts, each of which carries a maximum sentence of five years. Neither Zellmer nor Logan asked jurors any questions during Mondays selection process. Zellmer simply declined when the judge asked him if he wanted to question the potential jurors. Logan said, I cannot ask any ques-. tions, for if I did that would indicate I was contracting for a jury. Affirmative action to get review By Aaron Nathans The Capital Times The U.S. Supreme Courts decision to reenter the affirmative action debate raised eyebrows in Madison as the University of Wisconsin will learn the future of its race-based admission policies. The court will decide by next June if race can be used in college admissions, an issue that the justices have dealt with only once before, in a cloudy 1978 ruling that led to more confusion. The justices will consider whether white applicants to the University of Michigan and its law school were unconstitutionally turned down because of their race. The case gives the court an opportunity to ban affirmative action in higher education or say how much weight universities may assign to an applicants race. The stakes are high because many public and private colleges have race-conscious admission policies. Charles Franklin, a UW-Madison professor of political science, said the courts decision Monday to take the case shouldnt be read as anything more than that. Circuit courts have interpreted affirmative action law in many ways, and the Supreme Court often chimes in when it feels an issue needs more consistent treatment. The court is evenly divided, with Sandra Day OConnor as the swing vote, he said. UW experts say its big-stakes decision These are momentous times, and the court really could change things if they wanted to. It could go either way, Franklin said. Craig Werner, a professor of Afro-American studies at UW-Madison, said affirmative action should be more than a numbers game. He said it should be used to target first-generation college students. But he said he has no choice but to support affirmative action in education. He argued that the alternative is unthinkable. It would be an absolute disaster if the Supreme Court makes some blanket statement against affirmative action. It wouldnt use a scalpel, it would use a sledgehammer to make its attack. The attacks are not subtle, they are not nuanced. The attacks have white supremacy as their subtext, Wemer said. Associated Students of Madison Chairman Brian Gadow said he believes race should be one of many considerations in admission decisions. Its something thats important for this university. Coming from a state that is predominantly white, its important to bring in people who come from diverse back grounds, with diverse opinions, he said. He noted: We shouldnt get overanxious to use it so that it excludes other people. Scott Southworth, who sued UW-Madison over its student activity funding system, said affirmative action had good uses 40 years ago, but minorities can compete now. Our society is better if we have people competing on their individual merit, and we dont use race as the basis for success or for denying someone opportunities, South-worth said today. Affirmative action supporters argue that without policies that encourage diverse student bodies, the top public colleges in the country would not be representative. Opponents contend that those policies discriminate against white students, giving slots to less qualified minorities. The last college higher education case at the high court involved Allan Bakke, a white man rqjected for admission to a California medical school while minorities with lower test scores got in through a special program. The court on a 5-4 vote outlawed racial quotas. Only two of the justices who considered that 1978 case still sit on the court Chief Justice William Rehnquist and Justice John Paul Stevens. The Associated Press contributed to this report. Hit-and-run driver sought By Steven Elbow The Capital Times Police are looking for a hit-and-run driver who ran over a Madison man three times before fleeing the scene. Police said Kurt Roth, 24, was run down by a green, four-door Pontiac Grand Am at about 2:12 a.m. Sunday in the 100 block of West Dayton Street. According to witnesses, the car came to a stop on top of Roth, and as bystanders yelled at the driver, the car backed over him again. The driver then drove the car forward to flee and ran over Roth a third time as he lay in the road, witnesses said. Roth suffered multiple but non-life-threatening injuries. POLICE REPORT Police are still looking for further information, but department spokesman Larry Kamholz said witnesses were able to get a license plate number on the car, and he anticipates a speedy arrest. Police said the car was last seen headed west on the Belt-line near Whitney Way, and they are asking anyone with further information to call the 911 non-emergency number at 266-4275. House fire: Damage was estimated at about $80,000 at a town of Westport home that caught fire early Monday. Waunakee Fire Chief Steve Kessenich said the fire broke out in the garage of the split-level home at 5689 Harbort Drive at about 2 a.m. and spread to the attic. The owner of the house, Robert Miller, and another person woke to sounds of crackling and left the home unhurt before smoke had triggered the smoke detector. Firefighters quickly contained the blaze, but Kessenich said the home would require extensive reconstruction. The cause of the fire is under investigation, but Kessenich said it was probably started by an electrical malfunction in the garage. Beaded Amulet Necklaces from $24.00 Perfect little stocking staffers! A STORE FOR WOMEN gHILLMLE Madison 608-231-2621 rTKofij?! ffi Roksx Watches Emeralds J&, Tahitian Pearls Platinum, 18K & 14K gold. Bracelets, rings, necklaces, earrings and more, let to 6ct diamonds, engagement rings & bands. Rare Alexandras. Diamono tennis bracelets. Pure gold coins, large rare tanzanites, rubies, sapphires, emeralds, 150ct kunzite pendant with diamonds, 6ct oval ruby, 32ct diamond necklace, 40ct ruby necklace with diamonds, Tahitian Pearls, 33 Gray Tahitian Pearl Necklace, lOct oval sapphire ring with diamonds, 18K & 14K Swiss made gold watches, aquamarines, topaz, opals. b Inn On The Park - Capitol Square 22 S. 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Erpenbach, the lead author of the no-call telemarketing legislation, would succeed State Sen. Chuck Chvala, D-Madison, as the Senate Democratic leader. Chvala left the post after he was charged with 20 felonies stemming from a John Doe investigation of legislative campaign practices. Erpenbach has indicated he has enough support pledged to win the post. State Sen. Gary George, D-Milwaukee, a 22-year veteran of Senate service, also has been competing for the Democratic leadership post. George, 48, had served as Senate co-chair of the Joint Finance Committee in the 1980s and early 1990s. Chvala declined to rename George to that position after Democrats regained control of the State Senate in a June 1996 recall election. Republicans will have an 18-15 majority in the new Senate. They picked up three Democratic seats in the November election. Sen. Mary Panzer, R-West Bend, will be the new majority leader. Erpenbach won a second four-year term in November, running without a Republican opponent. Looking for the best way to buy & sell? Just ask John Barker. The Classifieds: It s all about fast ; utterly satifying results! the best way To advertise, call 2577777. I V

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