THE STUDENT NEWSPAPER OF NORTH CAROLINA STATE UNIVERSITY SINCE 1920 WEDNESDAY SEPTEMBER 2004 TECH. 3' ‘ ...... J technicianonline.com Raleigh. North Carolina demedbond - g; . PRAY BLACK Ill/TECHNICIAN Former death-row inmate Alan Gell addresses a Witherspoon Cinema crowd Tuesday night. Gell tells story of freedom Alan Gell, former death row convict, .‘ visits campus to push for a death penalty moratorium. Ben McNeely StaffWriter Alan Gell has been a free man since February, after being found innocent of a wrongful murder sentence and released from death row. ‘ But he still doesn’t feel right. “When ‘I first got out of prison, It was hard to sleep,” TAYLORTEMPLETON/TECHNICIAN Gell said. “When I was on Tony Johnson listens to Judge Shelley Desvousges deny him bond on Tuesday. Judge Desvousges later did the same with his brotherTony death row, I kneweverybody’s after the two were charged with two counts offirst-degree murder stemming from an altercation outside last Saturday's football game. name. When I went into Wal— Mart for the first time after I got out, I was surrounded by TIMOTHY AND TONY JOHNSON APPEARED IN COURT TUESDAY. strangers.” Gell and his attorney, T.S.Amarasiriwardena Mary Pollard, spoke to stu- News Editor Campus dents Tuesday night in the Witherspoon Cinema in The two-brothers charged with an event sponsored by the the double murder at Saturday’s reacts to American Civil Liberties football game were denied bond Union chapter at NC. State andrequested a court-appointed tailgate and the Union Activities attorney at their first court ap- Board. Gell was tried and pearance Tuesday. convicted for murdering A1- Donned in loose-fitting, or- shootings len Ray Jenkins in 1995, on ange-and—white striped prison the word oftwo girls— Gell’s garb, Timothy H. Johnson, aju- former girlfriend and herbest niorin psychology, faced ajudge Allie Landrum friend. The prosecution had in a downtown Wake County StaffReporter no physical evidence linking Sheriff’s courtroom, while she Gell to the crime, only the TAYLORTEMPLETON/TECHNICIAN The recent deaths of Kevin word of the two girls who read the charges'against him. Johnson family spokesman Tommy Moore addresses the media yes- Acknowledging his name and terday afterTony and Tim Johnson were denied bond at their hearing. M. McCann of Chicago and testified as, part of a plea the fact he was iinrepresented, 2nd Lt. Brett Johnson Har- bargain. Gell was granted a .aa *a ea‘ifi he requested a court—appointed or his brother, Tony. hometown .of Tarboro was man from Park Ridge, 111. at a retrial and found not guilty “As a result, the [American] lawyer. With his parents and other charged as an accessory after pregame tailgating party at the on Feb. 18, 2004. Bar [Association] has set stan- Judge Shelley Desvousges said members of his family packing the fact to murder in the same season opener sparked a variety Pollard gave a presentation dards for lawyers who can try thatshewouldaccommodatethe the modest courtroom, Timothy hearing. ofreactions from students. first on the state ofthedeath capital cases,” she said. request “given the seriousness” Johnson glanced only briefly at Brown was turned in by her The shootings'occurred in penalty in North Carolina. Gell, who spoke next, said that of the crime. The attorney had them as he exited the room. father after she helped find a broad daylight in a crowd of “There are currently 188 in 1995 he was a drug dealer and yet to be named at press time. In an identical exchange, Tony ’ hotel room for Tony after the fans tailgating before the NC. people on death row, with 31 an addict. She set a court date for Sept. Johnson was charged with the shootings late Saturday. State—Richmond game that executions since 1977,” Pol- “In July, months after the 27, at 9 am. same crime andwill appearwith Bail was set at $100,000 for State won 42-0. lard said, flipping through murder, someone from the SBI Just before the minute-long his brother later this month in Brown. “It’s atragedyfor one,because her Powerpoint presentation. came and questioned me about exchange ended, Desvousges court. The Johnson familywould not it happened so close to home “There have been eight [ex~ it. With me being on drugs, I announced that there will be Tony’s girlfriend, Ashley ecutions] since 2003, which couldn’t tell you where I was a no bond for Timothy Johnson Brown, 18, of the Johnson’s JOHNSON continued page 3 REACTION continued page 2 leads me to believe we’re week ago, much less fourmonths picking up steam.” ago,” Gell said. Pollard went on to explain When he found out thatpeople that 17 percent of all death were pointing the finger at him, Remains of Frances leaVe Florida, reach N.C. row convicts had lawyers he got scared and began cooper- that did not represent them Kate Peters Bowra “The only reason I see that things were not progressed and severelydamaged areas have properly. GElI.continued page 2 StaflReporter so bad is that the area was so prepared and found outlets to contact residents. Eighteen ready for extreme disaster,” Escarza said via counties Within Florida have been declared O O . o Even as Hurricane Frances loosesits might telephone yesterday. major disaster areas. mSIdetech n lClan by bringing heavy rains to North Carolina Frances, once larger than the state ofTexas, While major flooding in various regions ""' ‘ viewpoint 4 today, Floridians throughout the panhandle peaked as a Category 4 hurricane. The hur- throughout the state of Florida remains to diversions 5 . have begun the recovery process. ricane moved onto the coast of Florida, be an issue, the state has begun its cleanup classifieds 7 Patricia Escarza, a junior in business, drenching the east coast of the state with efforts while recovering from the second sports 8 currently located in Fort Lauderdale saw over 13 inches ofrain and 95 mph winds. major hurricane in a month. weather.......................... the brunt ofFrances first—hand. Late Sunday, Frances crossed over the As Tropical Depression Frances barrels “Trees were down in myneighborhood and panhandle of Florida and moved into the up the eastern coastline, flash floods may today tomorrow 30 percent of [Broward County] lost power, Gulf of Mexico while the storm began to become an issue locally; but it was nothing in comparison to Andrew lose much ofits power. , “We are under a flash flood watch through Saved from modest roots when Iwas living in Miami,” Escarza said, The storm knocked power out for more [today] due to the remnants of Frances,” Pat McGee comes to the LincolnThe- ‘ atre Friday,see interview.See page 5. 790/73° 83°/68° recalling her experience with Frances earlier than 2.2 million residents in Florida and ooooooooooooooooooooooooooooooooooooooooooo this weekend in comparison to 1992’s Hur- Georgiawith 14 storm-related deaths. A final FRANCES continued page 2 technicianonline.com ricane Andrew. count will be unavailable until cleanup has PAGEZ 'WEDNESDAY,SEPTEMBER 8,2004 Pas/g E} T N N 0 TECHNICIAN no way he could have gotten a and even made a presentation to Stadium, Gell said he hopes the GELI. “not guilty” verdict. Attorney General Roy Cooper. prosecutors don’t seek the death continued from page 1 “The deck was stacked against “She made the presentation penalty. Eye Care Assoc1ates us,” he said. and a month and half later, I “1 think it is a tragedy, but I atingwith the police because he It wasn’t until Mary Pollard got the state’s response,” Gell don’t think the death penalty V1810 N A RY felt it was right. was assigned to the case for his said. “There was a paragraph in is appropriate. Life is too pre- “I thought it far-fetched that second appeal that evidence the letter that said, ‘So what ifhe cious, and to take a life because anyone could blame me,” Gell started turning up; is probably innocent? He got a one has been taken only hurts said. “It was like whatever “At first I didn’t believe Alan fair trial.’ The attorney general’s more people,” Gell said. worked for the police, it was le- was innocent, but then I started office tried to maintain the con- Gell is now attending Martin gal and whatever didnt work for looking at the evidence and viction to try and kill me.” Community College and hopes them, it was illegal. Ifyou don’t found that he was telling the Gell won his freedom in his to be a social worker. knowthe law, theycould tell you truth,” Pollard said. second trial and has been fight- Matt McCarn, chair ofthe is- for desrgner eyewear,Contacts at whatever.” What convinced her of Gell’s ing for a death penalty morato- sues and ideas committee for the professmnal servrcesl . Blame him they did. He was innocence was 17 statements rium ever since. UAB, said theywanted people to arrested and tried for murder. made by neighbors and friends “I was 19 then. I just turned think. To enter, stop byournew During his first trial, Gell ofAllan Ray Jenkins, saying they 30. In fact, I had a birthday cel- “We brought Alan Gell so wanted to testify, to make his had seen him alive the day ofthe ebration at the state legislative people could hear his story and Cameron Village office by September 30, . side ofStory known. supposed murder. building while I was lobbying for cause them to be more active show us year NCState ID and “My lawyers double—teamed Gell’s attorneys had never been the moratorium,” Gell said, to politically,” McCarn said. register towin" ' ” me and told me not to testify, informed ofthese statements in applause from the audience.