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The Black Eyed Pea~ ' THE The Independent Newspaper Serving Notre Dame and Saint Mary's OLUME 38: ISSUE 5 MONDAY, SEPTEMBER 1, 2003 NDSMCOBSERVER.COM Elarn convicted of sexual battery Former football player found Trial brings out criticism of not guilty of two more serious University's charges; sentencing Oct. 7 disciplinary process By SCOTT BRODFUEHRER and By SCOTT BRODFUEHRER MEGHANNE DOWNES News Writer News Writers SOUTH BEND -The University's discipli­ SOUTH BEND - A jury of seven men and five nary process came under harsh review from women convicted former Notre Dame safety both the victim and the prosecuting attorney Abram Elam of sexual battery Saturday, but during the trial of Abram Elam. acquitted him of the two more serious felonies, During her testimony, the victim said she conspiracy to commit rape and criminal deviate was told by associate vice president of resi­ conduct. following over nine hours of jury delib­ dence life Bill Kirk not to report the rape to eration. the police, an account Kirk disputed Friday Judge Roland Chamblee scheduled a sentenc­ when he was recalled to the stand by the ing hearing for Oct. 7 after Elam completes a defense. Kirk said he "absolutely did not" tell required interview with the probation depart­ the alleged victim not to contact the police ment. Above, defense with her story. Mark Lenyo, Elam's attorney, said he was dis­ "I know I did not dissuade her from report­ appointed on the conviction for sexual battery but attorney AJark ing the incident to the police. That is not my happy with the overall ruling. Lenyo responds to practice or policy. I did not do that; it would "We are pleased the jury found Mr. Elam not Saturday's verdict. have unethical and inappropriate," said Kirk. guilty on the two more serious charges. It indi­ Left, special prosecu­ During Devlin's cross-examination, Kirk cates the jury didn't believe everything the accus­ tor Maureen Devlin said it was possible that he told the victim it er had stated that [occurred] that evening," said might be easier if she solely went through the Mark Lenyo, Elam's attorney. answers questions University's disciplinary process. Elam was charged following a March 28, 2002 from the press. "I think dealing with [the incident] in the incident at teammate Justin Smith's off-campus University forum is easier than in this public house that also involved former players Lorenzo forum ... this is a stressful setting for me and Crawford and Donald Dykes. All three will go on • everyone involved. But I would not say that to trial later this year; Dykes' trial is the next to PHOTOS her in an effort for her not to pursue [legal begin, on Sept. 8. TAKEN action]," J(jrk said. Special prosecutor Maureen Devlin said that Devlin asked Kirk if he had taken notes while she was disappointed Elam was not con- BY during his conversation with the victim that TIM would prove this statement. Kirk said that he see VERDICTI page 4 KACMAR see DISCIPLINE/page 4 Students give Legends positive review Water main obtain a bracelet allowing entry into '1 definitely approve the 22 drafts," By SHEILA FLYNN the Ale House Pub and the other bar sad Drew Shula, an off-campus senior News Writer break disrupts area, adjacent to the dance floor. who called Legends "classier" than Students of all ages filled Legends to "We've been giving out a lot of wrist­ most of the other local bars and clubs. capacity Saturday, at times forming a bands," said Welsh Family sophomore "I think it's cool to be able to hang line outside the door that stretched and Legends staff worker Claudia out with all the classes," Shula said. SMCcampus nearly to the end of the parking lot. Gonzalez. Many other students echoed the "I think it's really awesome," said She said she applied for the job opinion. By ANNELIESE WOOLFORD Cavanaugh junior Julie Rombaut as because she believed it would become "As a person who's 21 already, I Saint Mary's Editor she sampled menu items in the club a popular on-campus destination. think it's a good place to come with my area. "They did a really good job with "I wanted to be a part of something friends who aren't yet," Cavanaugh Just when Saint Mary's faculty, staff and stu­ it." that a lot of students are going to come senior Katie Welch said. dents thought nothing more extreme than The doors opened at 2 p.m. to a line and enjoy," she said. "It's a good estab­ Refreshments were .not the only Tuesday's severe weather could disrupt the of waiting students, and students con­ lishment." attraction Saturday. A moonwalk, first week of classes, disaster struck the cam­ tinued to come throughout the after­ And Saturday's patrons expressed bungee run and other entertainment pus once again. noon and evening, surpassing 2,000 overwhelming approval of the spot. were set up in the parking lot in front The pipe that carries water to three Saint patrons by 9:30 p.m., said general Legends provided free food samples, of the building, and various raffles Mary's facilities burst Friday morning, leaving manager Belinda Deeds. including items such as three-tiered were held. Students registered for the much of the campus without water and air Students were asked to show their burgers, buffalo wings, quesadillas and raffies while waiting on line to enter, conditioning. school IDs at the door, and those over various desserts. Students were The cause of the water main break was a the age of 21 needed proof of age to charged for alcoholic beverages. see LEGENDS/page 3 construction mishap at the location of the new student center. "The demolition contractor demolishing the old dining hall hooked a 10-inch water main with his Caterpillar backhoe and tore a hole in it," said John DeLee, director of facilities. "That's one of the primary water mains on campus, so we had to shut that down, which shut off water to McCandless, Angela and the library. Because it was such a big leak, the whole campus had a pressure reduction." DeLee said the main, which he estimated to have contained over 150,000 gallons of water, flooded, but was contained in the excavation of the old dining hall. The campus-wide pressure reduction caused toilets in many buildings to run contin­ uously. Maintenance employees were forced to manually reset each one. "The maintenance guy came to my door and did soru.ething to the toilet." said senior Jani ANDY KENNNThe Observer A large crowd of students enjoys the new Legends dance floor at the club's grand opening Saturday night. see WATER/page 4 ---~--------------------------------------~ page 2 The Observer+ PAGE 2 Monday, September 1, 2003 INSIDE COLUMN QUESTION OF THE DAY: How DO YOU FEEL ABOUT HAVING CLASS ON LABOR DAY? Ambiguous rape, definite victims The word "rape"- in our society, Adam Kaufmann Matt O'Meara Paul Critser Melissa de Ia Rosa David Farley Vanessa Garcia our justice system, our media world - is nearly synonymous with "ambiguity." Junior Junior Junior Junior Freshman Junior Unlike other crimes, such as murder Off-campus Alumni Hall Knott Hall University of or burglary, rape cases are almost Off campus Welsh Family never clear-cut. A Indiana , fine line exists ..Just because "It sucks. "It's the most (see above) "It's a federal between an "Sucks to be we have class ridiculous thing holiday, yet we , offense and a ,, you. human behavior, doesn't mean I ever. are better than and that fine line have to go. ·· the nation, so makes it very pos­ sible to turn a we work.·· case into a he­ said/she-said fias­ co. Very often, Sheila Flynn there is no sub­ IN BRIEF stantial evidence, Assistant and questions Concession stand training arise about Managing will be held today in the whether or not Editor Montgomery Theater of the there even is a LaFortune Student Center victim. And "vic- from 4 to 5:30 p.m. tim" is very often another ambiguous Attendance is required for all catch-phrase in a rape trial, as the students planning to handle defense claims a man is being victim­ food at concession stands this ized by false accusations while the semester. prosecution fumes that the woman is a victim of a violent and horrific crime. A dance commissioner But no one ever talks about the other training session is recom­ victims permanently scarred by rape mended to help residence hall trials - and they are there, behind the dance commissioners plan scenes. their events. The session will The victim's father and Abram be held today in the Oak Room Elam's parents and step-father spent of South Dining Hall, from 6 to five days sitting in a court room, listen­ 7 p.m. ing to graphic, detailed accounts of the incident. At various points throughout Wednesday is the last day the trial, the woman's father shook that Notre Dame students will physically, covering his face with his be able to make changes to hands as rape counselors attempted to their fall 2003 class comfor(him. Elam's parents read the schedules. Saint Mary's stu­ Bible during the trial and his mother MICHAEL GIORDANO!The Observer dents have until today to add often sat bent over, with her head in Four Sorln residents camp out In front of the Eck VIsitors' Center In hopes of classes to their schedules. her hands. obtaining a few coveted tickets to Notre Dame's Sept.
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