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Sunday, May 02, 2004
# posted by Kevin @ 11:55 PM

From Calstuff Correspondant Andy Jessop:
Just got back from the DAAP v. LaFata J-Council hearing. This was the Luke Massie case, as Paul dropped the SJP rally case. It began with 3 hours of hearings, as DAAP tried several ways to dismiss the case.
First, they asked that Mike Davis be recused from the case, as he was the one who asked Luke to leave at the CalSERVE hearing, but the council (without Mike) agreed that Mike had no personal stake in the case and therefore could oversee the case. Later arguments included "double jeopardy", saying that Luke had been tried for the same case twice - the logic of that argument escaped me, but it was soundly overruled. They also asked that the case be thrown out because it was past the point of no return, and that asked if proper by-laws (Title 4,
Elections) were considered.

Much of the case focused on personal conversations - Yvette called Paul at one point and wanted to talk about a case, Luke meet with Paul and made him feel threatened. An IAC member also testified as to her conversations with Massie, saying that she felt threatened. The J-Council spent quite some time debating what happened during the few minutes after Mike expelled Luke from the hearing. All these arguments were based around what someone felt or what someone said that could be interpreted in some way, rather than any hard evidence.

The defense pulled arguments that were rather tenuous as well - free speech was a big one, but the J-Council was also accused of stifling democracy by deciding the election in their offices rather than going by student votes. My favorite quote of the night was "Luke Massie is cursed an expressive face, and that face is protected by the constitution"

Throughout the case, DAAP seemed very interested in recording the proceedings - someone had a video camera on the DAAP council at all times, they had a tape recorder going at their table, and someone running around recording the witness and Paul. I would imagine this would be used if a further case involving this hearing came up.

On a lighter note, a few members of the J-Council were dressed up tonight - everyone on J-Council took pictures holding the gavel, and Paul and the DAAP council took pictures "looking surly". For a few minutes, a jolly time was had by all.

Final survey? Paul had a had a decent case and argued well, and DAAP hurt their case by arguing far outside the realm of the by-laws, but there isnt enough concrete evidence to show that DAAP was interfering with the J-Council. I wouldnt bet on a censure.
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