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(03/02/98 10:00am)
and Shirley Zilberstein The violence that erupted yesterday afternoon following the city high school championship basketball game has become almost routine in playoff games for Philadelphia's public school athletic league. Following last March's championship game at the Palestra, police reported hearing gunshots coming from a car containing four men at 33rd and Walnut streets -- almost the exact same spot as yesterday's shootings, which left one man dead and three injured. One of the wounded was a Penn student. No injuries were reported in last year's incident. The Palestra last hosted the tournament's semifinals in 1982. Before 1997, the Civic Center and other locations hosted the championship game. It was not immediately clear when the Palestra last hosted the championship game. "Based on our experience last year, there certainly was a heightened sense of security," University spokesperson Ken Wildes said. Wildes said it is "premature" to discuss whether Penn will host the championship game next year. But he said officials from across the University, rather than just the Athletic Department, would make the decision. "We'd have to take into consideration experience from both last year and this year," he said. The School District of Philadelphia asked the University to use the Palestra after the event was forced to leave the Civic Center, and Penn agreed to do it free of charge. The Palestra frequently hosts area high school and college basketball games, and the University routinely increases security for those games. For yesterday's and last year's high school championship games, about 10 University police officers, 40 school district police officers and 60 security guards were on duty. At last weekend's semifinal round at the Palestra, isolated fistfights broke out in the stands. Security guards quickly broke up the scuffles, according to an Athletic Department employee. A small fight erupted at the ticket line yesterday, Wildes said, adding that security officers were again able to respond quickly. This year, the championship game was between Ben Franklin High School and the Franklin Learning Center, located a block away from each other just north of Center City, near Broad and Green streets. Franklin High won, 61-56. The two schools have a "big rivalry," according to a Penn Athletic Department official who asked to remain anonymous. Since the city championship was at stake, the crowd was excited. Many spectators stormed the court following Franklin High's close victory, the official said. The championship game is always a big draw. More than 3,700 fans came to the Palestra yesterday, slightly less than last year, according to Penn Ticket Manager Peggy Kowalski. Doors opened at 11 a.m. for the doubleheader. In the Public League girls championship game, Overbrook High School defeated Central High School, 52-51. About five players from the city's high school league end up in the National Basketball Association per year, including basketball great Wilt Chamberlain, NBA players Rasheed Wallace, Jerome Richardson and Doug Overton, and women's basketball star Dawn Staley.
(02/27/98 10:00am)
Eugene Harrison and Yvette Stewart could be sentenced to life if found guilty in the murder. Two of the three defendants accused of murdering University biochemist Vladimir Sled in October 1996 will stand trial in late April, Philadelphia Common Pleas Judge Eugene Clark said at a hearing Wednesday. Eugene "Sultan" Harrison, 33, and Yvette Stewart, 30, could face life imprisonment if a jury convicts them of murder and robbery charges in a trial set to begin April 27 before Clark. The suspects are being tried together for two incidents: the robbery and murder of Sled on October 31, 1996, near 43rd Street and Larchwood Avenue; and the robbery earlier that day of a Philadelphia Daily News driver at 52nd Street and Girard Avenue. The third defendant, 26-year-old Bridgette Black, is being tried separately from Harrison and Stewart because she was not involved with the Daily News case. Prosecutors believe that Black stabbed Sled when the Russian-born scientist fought back against Harrison, who was trying to rob him and his fiancee, then-University researcher Cecilia Hagerhall. Stewart allegedly waited in the getaway vehicle. Also at Wednesday's hearing, Assistant District Attorney Dick Carroll, the case's prosecutor, officially told Clark that he will not seek the death penalty for Harrison and Stewart. Carroll had indicated soon after their arrests in November 1996 that he would pursue the death penalty, but softened his stance earlier this year. Attorneys for Harrison, of the 5200 block of Arch Street, and Stewart, of the 500 block of North Allison Street, did not return repeated phone calls for comment this week. Harrison and Stewart's trial, which will be in room 702 of the Criminal Justice Center at 13th and Filbert streets, will likely last about eight days, Carroll said. One of his star witnesses will be Hagerhall, who has moved to Sweden since the murder. She is willing to return to Philadelphia to testify at any time, Carroll said. The prosecution will also bring up Stewart's conduct during the police lineup soon after her arrest in November 1996. Carroll said that before arriving for the line-up, Stewart dyed her hair and changed her appearance. At the same time, her sister came to stand in the lineup and wore makeup to look like Yvette Stewart. Such a move could prove she was trying to hide something, Carroll said. Black, on the other hand, will essentially not contest her role in the murder. At a March 12 hearing, Black's lawyers plan to officially ask for a "degree-of-guilt" hearing. In such a hearing, Black would admit to having a role in the murder and allow Common Pleas Judge Carolyn Temin, who has handled all preliminary matters for all three defendants, to decide exactly what crime she committed. Black and her lawyers have not decided yet whether she will testify against the other two defendants, Carroll said yesterday. Black's attorney, public defender Fred Goodman, declined to comment. Carroll said yesterday he is no longer willing to offer any kind of deal to Black, of the 5100 block of Reno Street. But he said Black may decide to testify as a show of good faith. "The only way she'll stand either a scintilla of a chance in [the degree-of-guilt hearing] is by cooperating with me," Carroll said. In a statement allegedly taken by Philadelphia police soon after her arrest, Black said she was waiting in the getaway car with Stewart when she heard the fight break out. She then got out the car to help Harrison and did not mean to kill Sled, she said. Prosecutors believe that Stewart and Harrison planned the robbery without Black's knowledge. Black also allegedly said in her statement that Stewart fired a gun, which Stewart denies. "That's a crucial piece of evidence and I want it in the case," as it shows that Stewart and Harrison had deadly weapons in their possession, Carroll said. Stewart has denied any participation in the robbery, and Black's testimony could be one of the only things linking her to the murder. Carroll added, though, that he thinks he has enough evidence to convict both Harrison and Stewart without Black's help.
(02/24/98 10:00am)
Former Spectaguard supervisor Bernard Horton also claims he was harassed by superiors after filing the complaint. and Maureen Tkacik An alleged physical altercation between a University Spectaguard shift supervisor and a management official wound up in criminal court earlier this month and may spawn a civil suit. Bernard Horton, 46, of Yates, Pa., quit Spectaguard last week, accusing his superiors of harassing him after he brought simple assault charges against Spectaguard account manager Bill Brennan. Brennan, who is still employed by the company -- Penn's security-guard contractor -- allegedly shoved Horton after a disagreement at about 11:30 p.m. on December 2. When someone -- presumably a security guard -- was playing rap music over a radio, thereby disabling communications among all guards, and between them and University Police officers, Horton called all guards under his supervision to Spectaguard's office, located then in Weightman Hall at 235 S. 33rd Street. Brennan, an ex-Philadelphia Police officer who was Horton's direct superior that night, disagreed with Horton's decision to call the guards off the streets and approached him to tell him so. Accounts of what happened next differ widely. According to Horton, Brennan then shoved him "10 feet back" and "forcibly moved" him down 33rd Street. But Spectaguard spokesperson Larry Rubin said Brennan simply "put his hand on Horton's shoulder" to motion for him to move away from the guards and discuss the situation in private. Brennan did not return several phone calls to his office yesterday. According to a former Spectaguard security guard who arrived at the scene immediately following the alleged incident, Brennan proceeded to yell at Horton and order his security guards back on the streets. Horton filed a private criminal complaint against Brennan on January 21. At the February 13 trial, the judge told Brennan to "stay away from" Horton, according to Rubin. It was unclear last night whether he was found guilty of any criminal charges. Private complaints are different from other criminal complaints in that they are filed directly by the alleged victim of a crime. According to the Spectaguard manual of rules and regulations, "engaging in fighting or disorderly conduct? at any time" will result in immediate dismissal. But an investigation Spectaguard officials conducted into the incident concluded only that Brennan exercised "poor judgment" and did not push Horton with "malicious intent," according to a letter the company sent Horton. And because Spectaguard deemed the physical contact to be minor, there was no need to discipline Brennan, Rubin said, adding that Spectaguard officials extensively "counseled" both men following the incident. But Horton said Brennan continued to harass him after the incident and he remained afraid that Brennan would physically harm him -- an allegation he said he may use to prove he faced "hostile working conditions" in a civil suit against the King of Prussia, Pa.-based company. "Everybody was scared for my safety," he said, adding that he had fellow employees escort him to his car following work every evening after the incident. Horton also accused Brennan of discarding incident reports written by the 13 guards on the scene about the argument that night. In addition, Horton claimed the investigation was incomplete because none of the guards was "even asked a question" by investigators. But Rubin insisted that "Spectaguard did a complete and thorough investigation." "Numerous incident reports were reviewed, and [the reports] corroborated Mr. Brennan's side of the situation," he said. But Rubin did concede that some of the reports contradicted Brennan's story. Also, the 13 witnesses signed a petition for Horton saying that his account of the incident was correct, according to Horton and a former Spectaguard employee who asked to remain anonymous. Horton said he left Spectaguard on February 15 because the consolidation of Penn Division of Public Safety offices into the new building on 4040 Chestnut Street meant he would have to work closely with Brennan. Associate Director of Security Services Chris Algard, the University's security director at the time of the incident, stressed that Spectaguard handled the situation internally and "took action which was satisfactory to" Penn officials.
(02/20/98 10:00am)
Bridgette Black's lawyer said his client will 'most definitely' ask the judge to select her level of guilt. Bridgette Black won't contest her role in the stabbing death of University biochemist Vladimir Sled in 1996, her attorney said in court yesterday. Public defender Fred Goodman, who is representing the 26-year-old defendant, confirmed yesterday that Black, of the 5100 block of Reno Street, will "pretty definitely" ask for a degree-of-guilt hearing. In such a hearing, a judge would decide exactly what crime Black committed when she allegedly stabbed Sled to death on October 31, 1996, near 43rd Street and Larchwood Avenue. Black is one of three defendants charged in the murder. Eugene "Sultan" Harrison, 33, and Yvette Stewart, 30, are being tried together for both the Sled murder and a robbery earlier the same day of a Philadelphia Daily News driver. Two weeks ago, Common Pleas Judge Carolyn Temin, who would probably preside over the degree-of-guilt hearing, separated Black from the other defendants because she is not accused of being involved in the Daily News robbery. Goodman wouldn't comment on any potential testimony or any other aspects of the case. He could not officially ask for the hearing yesterday because Temin, who has been handling all of the preliminary motions, was out sick. Trial Commissioner James Foy instead scheduled another hearing for February 26, at which time Temin would set a date for the hearing. Harrison and Stewart, meanwhile, are scheduled for what could be a final pre-trial hearing February 27 in room 702 of the Criminal Justice Center at 13th and Filbert streets, in front of Common Pleas Judge Eugene Clark, who will assign a definite trial date. Assistant District Attorney Dick Carroll, who is prosecuting the case, speculated the case will probably not go to trial until the summer. Carroll has been trying for more than a year to secure Black's testimony against the others. Carroll said yesterday that he is no longer looking for a plea agreement because "he has nothing to offer her." He said he believes he can convict all three suspects without her help. Nevertheless, he did express hope that Black would decide to testify on her own, since the judge might take that into consideration when sentencing her. The testimony is particularly important in the case of Stewart, who stayed in the getaway car during the murder and has continually denied being involved in the incident. According to a statement allegedly given by Black to Philadelphia Police officers shortly after her arrest, Harrison tried to rob Sled and his fiancee -- then-University researcher Cecilia Hagerhall, 33 -- but the Russian-born researcher fought back. Black, who was sitting in the getaway car with Stewart, jumped out of the car to help Harrison and stabbed Sled during the struggle, the statement says. It also says Stewart had a gun and fired it from the car during the attack, an allegation Stewart has denied. Carroll needs to prove that Stewart had a deadly weapon to have any chance at convicting her and Harrison of first-degree murder, which requires intent and pre-meditation. Carroll has repeatedly said he believes Stewart, of the 500 block of North Allison Street, to be the most dangerous of the three and wants to make sure she spends the rest of her life in prison. In the statement, Harrison, of the 5200 block of Arch Street, allegedly gave to police, the man acknowledged robbing the couple but said he did not plan to kill them and was surprised when Black came to his aid. Black's statement can be used against her in a trial. But prosecutors cannot use it against the other two defendants without her accompanying testimony because of the "confrontation" clause in the Sixth Amendment to the Constitution. If Black does not testify, the prosecution's star witness is likely to be Hagerhall, who is now living in Sweden but is willing to appear as a witness at a moment's notice, Carroll said.
(02/19/98 10:00am)
Last October, the University Health System accused Steven Burke, a 44-year-old internal-medicine physician from Chester County, of having a drug problem and suspended him from work, immediately locking him out of his office. According to a lawsuit filed last month, however, the Health System's mismanagement of Burke's practice -- bought by Penn in 1994 -- forced him to seek psychiatric help and begin taking prescription anti-depressant drugs. The lawsuit, filed January 16 in Philadelphia Common Pleas Court, accuses Health System officials of defamation and breach of contract for suspending Burke. Other defendants involved in the suit include Chester County Hospital -- which subsequently suspended Burke -- his former partner and his former boss. Health System spokesperson Rebecca Harmon said Penn officials believe the allegations are false, and the University will "make the appropriate legal response to the allegations." Burke denies the drug-abuse charges. Subsequent psychiatric evaluations ordered by the Health System as a requirement for his reinstatement have backed up Burke's denial, the complaint states. Nevertheless, neither the Health System nor Chester County Hospital has revoked his suspension. The suit seeks unspecified but "substantial" damages for the loss to Burke's reputation, as well as the revenue he has already lost and will continue to lose in the future because of the allegations. The allegations, which were chronicled on the front page of Tuesday's Philadelphia Inquirer, offer a glimpse into the vast and complicated array of hospitals, doctors and administrators that make up the Penn Health System. The system, with annual revenue near $2 billion, comprises four hospitals with a total of 18,000 employees. Another six area hospitals are affiliated with the system, which includes more than 400 primary-care physicians and 1,000 specialists. Burke and Isaac Tam had been long-time partners in their West Chester practice when officials from Clinical Care Associates, the Penn Health System's primary-care network, approached them in 1994 wanting to buy the practice. CCA promised to expand the partners' office facilities, hire a third doctor for them and increase their salaries, in exchange for becoming employees of the Health System, the complaint states. Over the past four years, CCA has bought more than 200 small practices to provide care for patients in the Philadelphia area, the suit says. The suit also notes that CCA's promises never materialized and Burke's workload increased by more than 30 percent. CCA's failure to hire another doctor for the practice, among other infractions, constitutes a breach of contract, the suit claims. The stress of the job forced Burke to seek psychiatric help and begin taking anti-depressants, according to the complaint. Burke's Philadelphia attorney, Tom Monteverde, said yesterday that Burke never abused the prescription medication and took only what was prescribed to him. Despite the losses CCA was taking at the time, Burke's practice was a financial success, the suit says. The relationship between Burke and his partner, Tam, became increasingly frosty during this period because of Tam's "inability, for significant periods, to carry his share of their workload," the suit alleges. The suit accuses Tam of telling patients, physicians and Chester County Hospital officials that Burke was "an impaired physician" and others that he was manic depressive. Tam, who gave a deposition in the case last week, said yesterday that he did not want to hurt Burke's reputation, but had "no option but to bring [Burke's psychiatric problems] to the attention of the appropriate medical personnel." In December, Health System officials told Burke's attorneys that they would reinstate him if he waived the right to sue for defamation. Burke refused the offer, Monteverde said. Burke is asking for a temporary injunction that would allow him to regain his privileges at Chester County Hospital. A hearing on the matter is scheduled for March 3. The parties are in settlement negotiations, though neither side would comment on their status. The litigation could take years to resolve because the amount of compensatory damages Burke would be entitled to receive cannot be determined until he returns to practice and it becomes clear how much the suspension affects his business, Monteverde said. Burke is willing to continue his relationship with CCA if he is given his own practice, Monteverde added. Meanwhile, Burke has received an outpouring of support from former patients since the article was published in the Inquirer, Monteverde said, and is eager to return to work.
(02/19/98 10:00am)
Campus Text Inc. will take the first step toward retaining its present location in the heart of campus next week, as its begins the second act of an on-going battle between the discount-textbook retailer and the University. Attorneys for the Bala Cynwyd, Pa.-based company have drafted a letter asking the University for permission to stay under the 38th Street footbridge during the January and September selling seasons, Campus Text co-owner Michael Saewitz said. Lacking legal funds, Campus Text last spring settled a 1996 lawsuit accusing the University and the City of Philadelphia of harassing the company's employees. Under the settlement, Campus Text must obtain permission to remain on Penn property during any selling seasons after January 1998. Campus Text will make its request within the next week, Saewitz added. "It's our hope they will understand that Campus Text provides an important service to students," Saewitz said yesterday. "I believe that the students want us to remain in business." Associate General Counsel Robert Terrell declined to comment until he sees a copy of the letter. The four-year-old company, founded as Penn Text by 1995 College and Wharton graduate Doug Levy -- who is currently a co-owner with Saewitz -- offers discounted textbooks each semester to Penn students, in direct competition with the official Penn book store. The company sells books out of a rented Ryder truck, making its overhead very low and allowing it to reduce prices. Campus Text and the University have always had an acrimonious relationship, which culminated in September 1996 when the company sued Penn, bookstore operators Barnes and Noble College Bookstores Inc. and the city for harassing its employees. The company changed its name under pressure from the University for possible trademark violations. The suit was settled last spring, but the settlement imposed several conditions upon Campus Text, including a provision requiring that they obtain permission from the University to remain on Penn property after the January 1998 selling season. The agreement also stipulated that Campus Text could only market its products on the 3600 block of Locust Walk, and limited when and where they could sell. In return, Penn agreed not to hold the suit against the company when deciding whether to let them stay in their present location. "We honored [the agreement] religiously and respectfully," Saewitz said. "We've proven that we can co-exist." He described he relationship between the two parties since the settlement as "amicable." Saewitz said if University officials deny Campus Text's request to stay on Penn property, the company will immediately start looking for another location, which may prove difficult given that Penn owns much of the land around campus. Still, Saewitz promised not to give up. "If anyone thinks we're going to fold up our tent and go away, it's not going to happen," he said. The Book Store is operated by Barnes and Noble College Bookstores Inc. under an agreement with the University. It is scheduled to move this summer to the under-construction Sansom Common complex at 36th and Walnut streets, away from where Campus Text currently operates. Regardless of The Book Store's move, Saewitz said he wants to stay at his present location.
(02/16/98 10:00am)
The Latino officer says he was also fired because of his testimony in a discrimination suit. A Latino former University Police officer has accused Penn and its police chief of discrimination and defamation, saying he was fired because of his ethnicity and for supporting another officer's charges of discrimination against the University. Demetrius Casillas of the 5000 block of Boudinot Street in Philadelphia filed the lawsuit in U.S. District Court December 29. The University has not yet responded to the suit, and no trial date has been set. Casillas claims to have been "subjected to harassment in the form of racial and ethnic slurs by his superiors" throughout his tenure on the University Police force, according to the complaint. He was on the force for either three or four years, depending on which of the dates in the suit are correct. University spokesperson Ken Wildes and attorneys from Penn's Office of the General Counsel could not be reached for comment last week. Casillas' attorney, Peter Williams, also refused to comment on the case or explain several discrepancies in the complaint. Casillas is seeking back wages from his $35,000-a-year job in addition to unspecified legal costs and punitive damages. In the lawsuit, Casillas accuses the University of firing him because of his Latino ancestry and because he "testified on behalf of a fellow police officer in a discrimination charge against the University" in 1996. The complaint did not elaborate on the charge. The date of Casillas' dismissal is unclear. The complaint states at different points that Casillas was fired on July 26, 1996, and on the same date in 1997. The behavior described in the suit prompted Casillas to file a complaint in September 1996 with the University's Office of Affirmative Action, which, according to the lawsuit, never responded. Following his termination, the complaint states that Director of Police Operations Maureen Rush "intentionally, knowingly, and without justification" acted to stop Casillas from securing another law enforcement position. Also, the suit accuses Rush of acting "to deprive plaintiff of his good name and reputation" by slandering him to University Police officers and several community leaders. The complaint says Casillas received a "right-to-sue" letter from the federal Equal Employment Opportunity Commission in September 1997, a necessary precursor to filing an employment discrimination suit. Rush declined to comment last week. Rush, who came to the University in 1994 and took her current position in January 1996, is no stranger to Penn-related litigation. She is a defendant in a February 1997 lawsuit involving a former Penn student who claims she was raped in 1994 and that University officials failed to report it to state and federal authorities. The University has denied the charges. That case is set to get a trial date in June. Rush is also a co-defendant in the lawsuit the Schoepe family brought against the University last spring. In that case, the owners of University Pinball and University Laundry accuse the University and the city of illegally shutting down the two Spruce Street business in April 1997. The University has countersued.
(02/06/98 10:00am)
Opponents of the outsourcing plan said they will refile their failed lawsuit after the deal is finalized. This week's dismissal of a lawsuit challenging the University's proposal to outsource its facilities-management to the Trammell Crow Co. may not spell the end of the legal fight against the deal, as the attorney representing the plaintiffs said he is ready to try again. Stephen Pennington, who is representing the employees suing Penn and Trammell Crow, said the dismissal "does not affect the merits of the case" and the plaintiffs "fully anticipate re-filing the case when a contract [between the two sides] is signed." The initial suit, which sought class-action status for all employees affected by the deal, alleged that Penn and Trammell Crow officials conspired to avoid providing University employees with benefits such as vacation days and tuition reimbursement. Additionally, the suit accused the defendants of wanting to implement reductions in employees' pensions and health coverage. But U.S. District Judge Ronald Buckwalter dismissed the lawsuit Tuesday on the grounds that the plaintiffs have not yet suffered any damages because no contract has been finalized Trammell Crow and the University. Penn and Trammell Crow signed a nonbinding letter of intent October 8 and are now close to finalizing the deal. Trammell Crow, a Dallas-based real estate management firm, is scheduled to take over the management of most University buildings April 1. Currently, University and Trammell Crow officials are discussing changes in the proposed contract, which was originally to be a 10-year agreement, that would ensure that University properties managed by Trammell Crow retain their tax-exempt status. University spokesperson Ken Wildes said yesterday that officials are not concerned about another challenge from the plaintiffs. "They have every right to re-file the suit," Wildes said. "If they do so, fine. The litigation does not affect our business decision to go forth. And we will [go forth]." The three employees and one of their wives filed the suit in October, two weeks after the announcement that management of University facilities would be outsourced to the real estate company. In the suit, the plaintiffs accused Penn and Trammell Crow of violating the federal Employee Retirement Income Security Act, which regulates employment benefits. The judge, however, ruled that no such violation had occurred since Trammell Crow has not yet taken over. It is not clear whether the two divisions of Trammell Crow named as defendants in the suit would be included in any future suits. Trammell Crow officials said Tuesday that the dismissal meant that they were improper defendants in the case since they are not the original employers, and thus could not have taken any benefits away from the employees. Pennington said he has not carefully reviewed the decision and was unsure whether he would include the company again. The outsourcing deal affects approximately 160 employees, roughly 122 of whom were offered jobs in December by Trammell Crow. Officials estimate the agreement will save the University between 5 percent and 15 percent on facilities management costs, which this year totaled about $100 million. University and Trammell Crow officials have emphasized since the October 8 announcement that employee benefit packages will not be substantially cut. The deal attracted controversy after it was made public because of a perceived lack of consultation between officials and the University community before the announcement. The plaintiffs are Richard Cipollone of Swarthmore, Lisa Karnincic of Philadelphia, and Donald Calcagni and his wife Linda of Levittown.
(02/06/98 10:00am)
The move comes after negotiations for a plea bargain for one of the defendants, Bridgette Black, fell through earlier in the week. A Philadelphia judge yesterday ordered separate trials for the three suspects accused of killing University biochemist Vladimir Sled in October 1996. Eugene "Sultan" Harrison, 33, and Yvette Stewart, 30, will be tried together in May for two alleged crimes: the robbery and murder of Sled near 43rd Street and Larchwood Avenue, and the robbery of a Philadelphia Daily News driver at 52nd Street and Girard Avenue earlier that day, Common Pleas Judge Carolyn Temin ruled. The third defendant, 26-year-old Bridgette Black, who allegedly stabbed Sled, will be tried alone. She is scheduled for another preliminary hearing February 19, giving lawyers on both sides more time to work out a possible plea agreement. Assistant District Attorney Dick Carroll had been negotiating with Black's lawyers in the hopes of securing her testimony. A deal now seems unlikely, although Carroll did not rule it out. The prosecutor said Black's attorneys have not told him exactly what they want in an agreement -- only that his suggestion of a sentence "tantamount to life [in prison]" is too high. Yesterday, Carroll said such a sentence would have to be for at least 40 years. Dean Owens, a public defender representing Black, declined to comment yesterday. Attorneys for Harrison and Stewart did not return phone calls. Carroll speculated that if the two sides are unable to reach a deal by the February 19 hearing in front of Temin, Black may ask for a "degree of guilt" hearing. In that situation, Black, of the 5100 block of Reno Street, would admit to committing a crime and ask Temin to determine what type of crime it is. Temin could find her guilty of third-degree murder, which, unlike first- and second-degree, does not mandate a life sentence. "It's a slim chance, but it would be the only one she's got," Carroll said, adding that there is very strong evidence linking her to the murder. In a statement Philadelphia Police claim she gave them after her arrest, Black admitted to stabbing the Russian-born scientist when he fought back against Harrison. The prosecution can use that statement against her in a trial, but cannot legally use it against Harrison, of the 5200 block of Arch Street, or Stewart, of the 500 block of North Allison Street, without also having Black testify. "I'd like to have her testify, but we don't always get what we want," Carroll said. The case against Stewart and Harrison is "do-able either way," he added. Harrison and Stewart were assigned a May 4 trial date in front of Common Pleas Judge Eugene Clark. Carroll said, however, that the date is a conflict for him and he may seek to have it changed. Carroll did not want to try Black with the other two defendants because he would be unable to charge them with the Daily News robbery in a joint trial. Black was not involved in that robbery. The case against Stewart is "thin," Carroll said, because she remained in the car during the Sled robbery and has claimed not to have known Harrison was planning a robbery. The earlier robbery implicates Stewart in the Sled murder, Carroll said, because the two alleged crimes were similar. Other evidence against her includes the fact that she disguised her appearance at a line-up and even had her sister stand-in disguised as her, Carroll said. In a statement Philadelphia Police claim Harrison gave them, Harrison admitted to robbing the couple. But he denied any part in the murder.
(02/05/98 10:00am)
Talks of a plea bargain with one of the murder trial defendants have broken down. Negotiations between the prosecution and lawyers for one of the suspects accused of murdering University biochemist Vladimir Sled soured yesterday and are close to falling apart entirely, Assistant District Attorney Dick Carroll said. Carroll is seeking a plea agreement with Bridgette Black, 26, one of three defendants currently awaiting trial for allegedly stabbing Sled near 43rd Street and Larchwood Avenue during a robbery attempt on October 31, 1996. Such an agreement would allow her to testify against the other two defendants, Eugene "Sultan" Harrison, 33, and Yvette Stewart, 30. Black was allegedly the one who actually stabbed the 38-year-old Sled, although police do not believe she helped plan the robbery. In a statement allegedly given to Philadelphia Police after her arrest, Black expressed extreme remorse over her role in the incident. "I had planned to use Bridgette against the other two, and her lawyer now wants to sell her to me," Carroll said. "I'm not in the habit of buying testimony." Public defender Dean Owens, who is representing Black, could not be reached for comment yesterday. Carroll said he is willing to agree to give Black a sentence of between 30 and 60 years, while her attorneys are asking for something "inappropriate." "It should be tantamount to a life sentence," he said. "If she deserves any mercy at all, it should be at the end of her life." In her statement, Black admitted to stabbing the Russian-born scientist when he fought back against Harrison, who was trying to rob Sled and his fiancee, then-University researcher Cecilia Hagerhall, 33. Legally, the prosecution cannot use that statement against either of the other two defendants unless Black testifies. The statement can, however, be used against Black herself if she does not testify. If he cannot strike a deal soon, Carroll said he will "play hardball" and might more actively pursue the death penalty for her. "I can put her in jail for the rest of her life in my sleep," Carroll said. "If I try Bridgette she's certain to go to jail for second-degree murder. If that's what she wants to see happen, I can make that happen." Carroll said he needs Black's testimony to implicate Stewart, who has claimed she did not know Harrison was going to rob the couple. Black can testify, as she said in her statement, that Stewart and Harrison were planning a robbery and Stewart even fired a gun. If Stewart did have a gun, that would imply she was ready to use deadly force, which could help prove a charge of first-degree murder. "Maybe [Black's attorney] will come around and we can put the other two in jail for the rest of their lives, which is what I want to do," Carroll added. At today's pretrial hearing, scheduled for 9 a.m. in room 604 of the Criminal Justice Center at 13th and Filbert streets, Carroll said he may ask Common Pleas Judge Carolyn Temin for a few more days to negotiate. Or, he may tell Temin that he is ready to proceed with two separate trials -- one for Black and one for Harrison and Stewart. By separating the trials, Carroll would also be able to prosecute the two for the alleged robbery of a Philadelphia Daily News driver earlier on the day Sled was killed. Black was not involved in the prior robbery.
(02/05/98 10:00am)
A judge dismissed a suit aimed at blocking the Trammell Crow deal. A federal judge this week dismissed an October 1997 lawsuit seeking to block Trammell Crow Co.'s scheduled April 1 management takeover of most University buildings, removing a potential barrier to the controversial outsourcing deal. On Tuesday, U.S. District Judge Ronald Buckwalter dismissed the suit against the University and Trammell Crow on the grounds that "the hardship plaintiffs allege has not yet become a reality." The dismissal, however, allows the possibility of another suit to be filed again after the takeover. Three University employees and one of their wives sued Penn and Trammell Crow two weeks after the October announcement that the Dallas-based real estate company would manage most on- and off-campus buildings under an unprecedented, 10-year agreement with Penn. The suit, which sought class-action status for all employees affected by the deal, alleged that the University and Trammell Crow conspired to avoid providing employees with benefits such as vacation days and tuition reimbursement. Additionally, the suit accused the defendants of wanting to implement reductions in pensions and health coverage. Such a move would be a violation of the federal Employee Retirement Income Security Act, which regulates employment benefits. Buckwalter, however, ruled that no such violation has occurred. "The judge basically concluded like we did, that this was filed without merit," said John Maher, executive vice president of Trammell Crow Corporate Services, one of two Trammell Crow units named as defendants. "We want to get back to our real mission and make Penn's facilities first-class." The deal affects about 160 employees, approximately 122 of whom were offered jobs in December by Trammell Crow. Officials estimate the agreement will save the University between 5 percent and 15 percent on facilities management costs, which totaled about $100 million this year. University and Trammell Crow officials have emphasized since the October 8 announcement that employee benefit packages will not be substantially cut. In the University's response to the suit, filed December 23, attorneys wrote that employees retained by Trammell Crow will receive the same salary they received from Penn. Employees will also continue to receive tuition reimbursement for their children, extended health benefits and access to Penn facilities such as the gymnasiums and libraries. University spokesperson Kenneth Wildes said Penn officials are "generally pleased that the action has been dismissed." Attorneys for the plaintiffs could not be reached for comment yesterday. The judge's dismissal order said Trammell Crow was not a proper defendant in the case because it was not the original employer of the plaintiffs. Buckwalter wrote that the plaintiffs "failed to demonstrate that execution of the outsourcing contract is a completed fact," and that the issue lacked "sufficient immediacy" for him to render a judgment in their favor. Maher said Trammell Crow officials do not expect the suit to come up again. But Wildes conceded that "realistically, [the plaintiffs] have a right to refile when and if something does happen." The plaintiffs -- Richard Cipollone, Donald Calcagni, Linda Calcagni and Lisa Karnincic -- could not be reached for comment last night. Daily Pennsylvanian staff writer Lindsay Faber contributed to this article.
(02/04/98 10:00am)
Under a plea deal, one of the defendants would testify against the other suspects in the killing of the University researcher. As the long-awaited murder trial nears for the suspects accused of killing University biochemist Vladimir Sled in 1996, the case's prosecutor says he has about a "50-50" chance of reaching a plea bargain agreement with one of the three defendants. Bridgette Black, 26, Eugene "Sultan" Harrison, 33, and Yvette Stewart, 30, are accused of attacking Sled, 38, and his fiancee, former University researcher Cecilia Hagerhall, 33, on October 31, 1996, near 43rd Street and Larchwood Avenue. After Harrison tried to grab Hagerhall's purse, Sled came to her aid, and was stabbed to death in the ensuing struggle. Assistant District Attorney Dick Carroll said yesterday he has been negotiating with Dean Owens, a public defender representing Black -- who prosecutors claim stabbed Sled -- in hopes of securing her testimony against the other two defendants. The two parties could reach an agreement by tomorrow's pre-trial hearing, at which time a judge will assign the case a trial date. Owens declined to comment on the negotiations, saying only that he is "more than willing to listen to what the Commonwealth has to say." Carroll also said he would be very unlikely to accept a deal in which Black did not receive a life sentence for the crime. Although Black allegedly was the one who stabbed Sled five times, prosecutors do not believe she planned either the robbery or the murder. Black's testimony would be the only thing to tie Stewart to the crime, Carroll said. Stewart allegedly stayed in the getaway car during the robbery and claims not to have known that Harrison planned to rob the couple, he said. "If we went to trial without Bridgette's help, we would have great difficulty implicating Stewart," Carroll said. Black can testify that both Stewart and Harrison were planning a robbery, he added. Also, Carroll said, Black can testify that Stewart had a gun, which Stewart denies. "That would help me immensely, to show that they had deadly force available" and planned to use it, Carroll said. Without that testimony, it would be very difficult to get a first-degree murder conviction, he added. Carroll also said yesterday it is unlikely he will seek the death penalty. This represents a change of plans for Carroll, who previously indicated he would pursue it. "I can't prove that Bridgette intended to kill," he said. "And the other two didn't know that Bridgette was going to jump out of the car and start stabbing Sled." Nevertheless, Carroll said he is confident he will be able to get at least second-degree murder convictions, with or without Black as a witness. A first-degree murder conviction would require the prosecution to prove the incident was premeditated. According to an alleged statement Black gave to Philadelphia Police soon after her arrest, Harrison and Stewart planned to rob someone that night. When Harrison saw Sled and Hagerhall, he got out of the car the three suspects were driving. Several minutes later, the two women heard scuffling, prompting Stewart to pull out a gun. Black then ran to the scene to help Harrison. During the ensuing fight, she stabbed Sled, she allegedly told police. Black's statement cannot substitute for her testimony. The Sixth Amendment's "confrontation clause" entitles the accused to face the accuser, meaning that while a statement can be used against the person who said it, it alone cannot be used against another defendant, Carroll said. If the statements are deemed admissible, the names would be removed so that only the basic story remained. However, defense attorneys for the three suspects are seeking to have the statements thrown out because even without the names, jurors may infer their identities, he said. Prosecutors could also choose to try Black separately from Harrison and Stewart, in which case the statement could be used. Common Pleas Judge Carolyn Temin, who is handling the pretrial matters, may rule on that motion during tomorrow's 9 a.m. hearing in Room 604 of the Criminal Justice Center at 13th and Filbert streets.
(02/02/98 10:00am)
and Edward Sherwin The staff of The Daily Pennsylvanian is more accustomed to hard news than society gossip. But an exception is made every year at the DP's inaugural banquet. Saturday night at the University Museum, the 113th Board of Editors and Managers, led by outgoing Executive Editor and Wharton senior Eric Goldstein, officially handed over the reins to the 114th Board, headed by incoming Executive Editor and College junior Michael Mugmon. The event's usually quiet and dignified cocktail hour in the building's Chinese Rotunda was enlivened by new Daily Pennsylvanian Interactive Editor-in-Chief Mark Fiore, who arrived fairly inebriated. "I'm so drunk," the College junior said at 7:45 p.m. while struggling to maintain his upright posture only 45 minutes after cocktail hour began. "These guys from Minnesota, you can't let them out of their igloo," incoming Managing Editor and College junior Yochi Dreazen said about Fiore's conduct. Once inside the Upper Egyptian Gallery, DP staffers, Penn administrators, alumni and parents enjoyed a meal of shrubs taken from College Green, a main course that tasted just like chicken and -- in an annual, Sports Department-only tradition -- Domino's Pizza ordered without anyone else's knowledge. The meal was interspersed with speeches by Goldstein, Mugmon, University President Judith Rodin and keynote speaker Ken Rosenthal, a 1984 University graduate and sports columnist for The Baltimore Sun. Proving that she has time to watch television despite her busy schedule, Rodin compared the departure of the 113th Board to the upcoming finale of the top-rated Seinfeld. Rodin said that in the tradition of the NBC sitcom, she planned to propose an "Agenda for Nothing" -- including plans to bring the Soup Nazi to Sansom Common and outsource mail services to Newman -- to replace her "Agenda for Excellence." She went on to call the DP "the best paper about nothing I've ever seen." Rosenthal, a former DP sports editor, declared at the beginning of his keynote speech that "the DP has finally and officially gone to hell" for inviting him to speak. The words of all of the speakers were mostly drowned out by drunken heckling emanating from the 34th Street table -- which was fortunately in the far corner of the gallery. The banquet was also the time to honor excellence over the past year. Editor of the Year honors went to outgoing Design Editor and incoming Weekly Pennsylvanian Editor-in-Chief Ginny Bloom, a College sophomore. Reporter of the Year honors went to incoming City News Editor Scott Lanman, a College junior. Lanman and former beat reporter Michael Brus, a College of General Studies junior, won writing awards from the DP Alumni Association, which also honored outgoing Photography Editor and Engineering senior Pelopidas Nicolaides in its photo category. Incoming Business Manager Russell Bloomfield, a Wharton junior, was named business manager of the year. Lending a disturbing note to the tedious award ceremony, Goldstein told Bloomfield that "I would do you if I were a woman." At 10:30 p.m., administrators and parents were ushered away as the party moved to the Penn Tower Hotel for a night of drinking and merriment -- with emphasis on the drinking. The night truly did belong to Lanman. In addition to his two writing awards, he picked up a little something else -- DP columnist and College senior Karen Pasternack. "She's all over him like white on rice," declared one anonymous reporter. "I can't believe Scott's dancing," beat reporter and College junior Margie Fishman said. "He's such a stiff." Dreazen -- dressed in a snazzy blue suit due to technical difficulties with a tuxedo rental -- also fared well, reigniting his on-again, off-again relationship with design assistant and College sophomore Julie Gerstein. "There was some advanced groping going on there," Mugmon noted. The most ridiculed man of the night was DP columnist-of-the-year and College junior Michael Pereira, whose lounge-lizard tactics with the ladies and grandstanding acceptance speech left many feeling violated. The star of the evening, however, was Fiore, who ardently refused to give up either of the two drinks he was constantly carrying, played Santa Claus with former Managing Editor Kara Blond in his lap, and later danced excitedly to the Spice Girls with new Associate News Editor and College junior Jennifer Arend. But not all attendees enjoyed the night. Several members of the business department were found sprawled in the men's bathroom, prompting incoming Street Editor-in-Chief and College junior Kevin Lerner to proclaim, "The business staff just can't hold their alcohol."
(01/30/98 10:00am)
It might be people who kill people, but city officials want to hold gun makers responsible. Mayor Ed Rendell is considering filing an unprecedented, multi-million dollar lawsuit against the gun industry that would blame manufacturers for all costs the city incurs because of gun violence -- everything from medical costs to cleaning blood off the street. "Anyone who lives in the city or watches news about the city understands the terrible toll gun violence takes on people," city spokesperson Kevin Feeley said. "Our natural instinct is to try to find a way to eliminate that problem." In 1996, 80 percent of the city's homocides were committed using guns. Rendell has been mulling the suit for months. He is concerned with the cost such an undertaking would require, Feeley said. While the city has not yet decided whether to proceed, the proposed suit has already garnered controversy. Jim Manown, a spokesperson for the National Rifle Association, said the suit "holds an innocent third party responsible for the criminal acts of another." Manown pointed to studies showing that nearly all guns are used for self-defense. "In the hands of law-abiding citizens, firearms save lives and prevent crime," he said. But Dennis Henigan, the legal director for the Washington D.C.-based Center to Prevent Handgun Violence, said the suit would "appropriately focus attention on the issue of the industry's accountability for gun violence." "We applaud the city. This is an industry that has long engaged in conduct that increases the amount of violence," he said. Examples of this, Henigan said, include selling assault rifles and failing to discourage the sale of guns on the street. Some skeptics have said this suit would serve only to increase Rendell's national profile and publicity. But Feeley emphasized that the city will not pursue the suit unless it "has a chance of prevailing in court." He said officials have estimated it would cost about a million dollars just to get the suit through its preliminary phases. "The mayor's first obligation is to protect the interests of the taxpayers, and if it's going to cost a million dollars or more, his view is it better be worth filing," Feeley added. That may be a difficult goal to attain, according to Larry Frankel, executive director of the American Civil Liberties Union's Pennsylvania chapter. "I don't think the courts are going to quickly embrace this issue," he said. While the case is being modeled after the recent successful suit brought by several states against the tobacco industry, Frankel said the two are very different. "There's a different set of questions, different issues," Frankel said. "Using a gun is not deemed to be an addiction, like smoking is," he pointed out. Also, "the tobacco industry seemingly withheld information about the danger of their products," while most people know guns are dangerous, Frankel noted. While Feeley declined to talk about the specific language of the proposed suit, he said the city's lawyers are exploring three venues: liability, negligence and public nuisance. No matter whether the suit goes forward, Feeley said the mere possibility of it has already forced some manufacturers to change designs. Since last fall, some companies have added safety locks to their weapons. City officials had pointed to the absence of such measures as a source for potential liability. "That's something that will save lives, and it's a victory in and of itself," Feeley said. Feeley declined to set a timetable for when Rendell will make a decision. "While the citizen in you says, 'Let's go ahead, let's file this tomorrow,' you also have to file a lawsuit that has a reasonable chance of winning," Feeley said. "That's what we're trying to craft, and if we can't do that, [the mayor's] view is he doesn't want to proceed at all."
(01/29/98 10:00am)
The University has denied accusations that it illegally conspired with Trammell Crow Co. to deprive employees of benefit packages, according to court documents filed last month in a lawsuit threatening to derail Penn's attempt to outsource its facilities management. Three University employees and one of their spouses sued Penn and Trammell Crow in U.S. District Court, two weeks after the October announcement that the Dallas-based company will take over management of most on- and off-campus buildings under a 10-year agreement with Penn. The transition is set to take effect April 1. Trammell Crow has also filed a motion to have itself dismissed from the lawsuit. No trial date has been set yet, as the case remains in the early stages. "The University has worked very, very hard to make certain that the employees who were hired by Trammell Crow are not disadvantaged," Penn spokesperson Ken Wildes said. The employees' attorneys are hoping the suit will be given class action status, enabling the plaintiffs to represent all 160 employees affected by the deal. Trammell Crow has offered jobs to about 122 employees, or 81 percent of those who applied. The company was required to hire at least 70 percent. Officials have estimated that the deal will save the University between five and 15 percent on facilities management costs, which totaled about $100 million this year. The lawsuit argues that the University and Trammell Crow wanted to avoid providing employees with benefits such as vacation days and tuition reimbursement. Additionally, the suit says the defendants wanted to implement reductions in pension and health coverage. Attorney Stephen Pennington, who is representing the plaintiffs -- Richard Cipollone, Lisa Karnincic, Donald Calcagni and Linda Calcagni -- did not return repeated calls for comment yesterday. The University's nine-page response, filed December 23, says that Penn outsourced its facilities management to Trammell Crow to "effect legitimate and fundamental business objectives, and has gone to extraordinary lengths to protect the affected workers." The document goes on to say that employees retained by Trammell Crow will receive the same salary they received from Penn. Employees will also continue to receive tuition reimbursement for their children, extended health benefits and access to Penn facilities such as the gymnasiums and libraries. Also, employees not staying with Penn will get severance packages. The reply did not dispute the fact that spouses of employees will lose their tuition benefits. Wildes said University officials are not concerned that the lawsuit will delay Trammell Crow's scheduled take-over date of April 1. Many members of the University community have accused the administration of failing to sufficiently consult them before signing a letter of intent with the company.
(01/23/98 10:00am)
The three suspects in the 1996 stabbing death of University biochemist Vladimir Sled will likely be tried in March or April, the case's prosecutor said yesterday. Bridgette Black, 26, Eugene "Sultan" Harrison, 33, and Yvette Stewart, 30, are accused of attacking Sled and his fiancee, former University researcher Cecilia Hagerhall, on October 31, 1996 near 43rd Street and Larchwood Avenue. On February 5, Philadelphia Common Pleas Judge Carolyn Temin will assign the case a trial date, according to Assistant District Attorney Dick Carroll, who is handling the case. At a pretrial hearing last week, Temin gave Carroll a choice of how to proceed with the trial of the three defendants accused of robbing and murdering the 38-year-old Russian-born researcher. Carroll asked Temin, who is handling the preliminary trial motions, to allow him to consolidate the murder case with charges against Harrison and Stewart stemming from the robbery of a Philadelphia Daily News driver earlier that day. Temin denied the motion because Black, of the 5100 block of Reno Street -- who police believe is the one who actually stabbed Sled -- was not involved in the prior robbery, Carroll said. Instead, Temin told Carroll he had two choices: try Harrison and Stewart together for both incidents and Black separately; or, try all three for the Sled-related charges and delay the Daily News case. Carroll said he will tell the court his decision within the next week. "I'm leaning in the direction of trying the homicide with all three," Carroll said yesterday. "If they are convicted of killing Vladimir Sled, they're all going to go to jail for the rest of their lives and the robbery case won't matter." Carroll said the situation would change if the D.A.'s office is able to work out a plea agreement with Black. There have been on-and-off negotiations since her November 21, 1996 arrest, he said. He said the two sides were once close to an agreement, but it fell apart at the last moment. Before the suspects' arraignments last February, the Daily News reported that Black was ready to plead guilty and throw herself on the mercy of the court. In her statement allegedly given to Philadelphia homicide detectives the day after her arrest, Black confessed to "poking" Sled with a knife after he fought back against Harrison, who began the attack when he tried to take Hagerhall's purse. She also allegedly told detectives: "I'm so sorry for what has happened. I'm not sorry for having to tell you, or for me going to jail. I'm sorry for killing that man." Carroll said her attitude changed soon after she made her statement. "We went from a naive plea for forgiveness to a rather shrewd maneuver for her benefit," he said. "Once you let lawyers into the picture, everything changes." Alleged statements from Harrison, of the 5200 block of Arch Street, and Stewart, of the 500 block of North Allison Street, mostly corroborate Black's version of the events. None of the defendants' attorneys returned calls for comment yesterday. There have been no plea bargain negotiations with either of the other two suspects, Carroll said. He has expressed optimism since being assigned the case that a jury would convict the suspects. Carroll said yesterday that he has not yet officially decided whether to pursue the death penalty against the defendants. In the past, he said he would seek the death penalty.
(01/19/98 10:00am)
A recent case raises the touchy issue of whether only women should coach women's teams. Do women athletes need "strong female role models" as coaches? This is the question many in the University community are asking in light of a male assistant crew coach's recent allegation that he was passed over for a promotion because of his sex. On one side is the argument that women are naturally better-suited to coach women's teams than men. On the other is the contention that such a mindset might lead to the hiring of underqualified candidates. "As long as they're the best person for the job, I don't see why it matters if they're male or female," said Andy Medcalf, 47, who recently filed a complaint against the University with the federal Equal Employment Opportunity Commission. "If a person's good, a person's good." Without commenting specifically on Medcalf's charges, many athletes and coaches seemed to agree that a coach's sex is largely irrelevant as long as the person is qualified. College sophomore Leah Bills, a midfielder on the women's field hockey team, said a coach's knowledge "is the most important part" of the game, more so "than being male or female." "My main concern is, do they know the game? Do they understand their players? Do they love the sport?" she said. Seven of Penn's 10 all-women teams have female head coaches. The three teams with a male head coach -- gymnastics, soccer and tennis -- have a woman as an assistant coach. These kinds of numbers are similar to those at other Ivy League schools. Every all-male Quakers squad, by contrast, has a man as a head coach. In fact, only one team, tennis, even has a woman as an assistant coach. Across the Ivy League as a whole, three of the eight schools have a man as head of women's crew. One such coach, Cornell University's John Dunn, said that "women [athletes] should have an opportunity, like the men, to have the best possible coaching." But he added that he could see the reasoning behind trying to hire women for women's teams. "I think that if you have two equal people, one male and one female, then I can see the reason to hire the female," Dunn said. "But to go the next step, to say even if we can't find qualified females for the position, we're not going to hire [the man], I think that's unfair." Princeton University women's crew coach Lori Dauphiny echoed most of Dunn's sentiments. "I think [an] athletic department should hire the best coach qualified for the position, and that's the bottom line," the 8-year Tigers veteran said. Penn Athletic Department officials declined to comment. Medcalf applied for the women's head crew coach position last May. Despite a recommendation from Penn's crew director, the Athletic Department denied him the position, which ultimately went to Dartmouth College head women's coach Barbara Kirch, a Penn graduate. Medcalf, who was an assistant coach in the women's crew program when he applied for the job, filed a complaint in October. He alleged that Athletic Department officials told him that even though he was the most qualified candidate, the department intended to hire a woman. University officials have denied the charges, and the complaint is pending. When members of the team asked Senior Associate Athletic Director Carolyn Schlie Femovich to hire Medcalf, she told them she wanted to hire a "strong female role model" for the position, according to Medcalf. Medcalf, now an assistant coach in the men's crew program, said last week that officials didn't just discriminate against him, but also hurt the female athletes by failing to find them the most qualified coach. Medcalf has coached at Michigan State University, the University of London and the University of Rochester, and has been an assistant coach at Penn since 1990. His teams have won national championships in the United States and England. Kirch coached at Dartmouth for nine years, and competed as a rower in the 1984 and 1988 Olympics, and recently published a book about rowing.
(01/16/98 10:00am)
Responding to recent allegations that the University discriminated in its hiring of a new coach for the women's crew team last summer, Penn officials denied yesterday that a male assistant coach was denied the position because of his sex. Andrew Medcalf, 47, filed a complaint with the federal Equal Employment Opportunity Commission in October alleging that despite being the superior candidate, he was passed over in favor of current women's coach Barbara Kirch. Medcalf, who was the women's assistant coach from 1995 to 1997, has been an assistant crew coach at Penn for eight years and continues to coach in the men's program. "We believe the charge made by Mr. Medcalf is without merit and we will defend it vigorously," University spokesperson Ken Wildes said yesterday. According to the complaint, Medcalf applied for the position almost immediately after Angie Herron resigned last May. Stan Bergman, who heads the entire Penn crew program, "forcefully recommended" Medcalf for the position, the complaint states. Medcalf said that Senior Associate Athletic Director Carolyn Schlie Femovich told him: "Andy, we're going to get a woman at least as good as you, if not better." Femovich also told members of the team who asked her to hire Medcalf that she intended to hire a woman to serve as "a strong female role model," according to the complaint. Femovich and other Athletic Department officials have refused to comment on the complaint. Through an Athletic Department spokesperson, members of the women's crew team also refused to comment. In July, the University hired Dartmouth College head women's crew coach Barbara Kirch, a University graduate, to take over the women's program. Kirch coached at Dartmouth for nine years, during which she led the varsity team to bronze medals at the Eastern Sprints in 1996 and 1997 and first- and second-place finishes at the Henley Women's Regatta in England in 1992 and 1994. She was a member of the Penn team during her undergraduate years in the early 1980s and went on to compete in the Olympics in 1984 and 1988. She also recently published a book about rowing. Despite Kirch's experience, Medcalf alleges that he was denied the job solely because of his sex. "I was the best person for the job," he said Tuesday. "That was made perfectly clear to me by numerous people." Medcalf, who holds a doctorate in cancer research, has held head coaching stints at Michigan State University, the University of London and the University of Rochester. In 1985, his London team won the national championship. Kirch declined to comment. The sex-discrimination complaint is the latest controversy to hit the women's crew team in the last several years. In 1995, the women's team asked the University to fire then-head coach Carol Bower, describing her as ineffective and "impossible" to work with. After a tense 1995-96 season during which Medcalf was assigned to assist in the women's program, Bower resigned her position, prompting a restructuring of the crew program. Bergman, who had previously been head coach of the men's heavyweight team, took the helm of the entire crew program, overseeing all men's and women's squads. Then-assistant women's coach Angie Herron took over the women's team's day-to-day operations. Herron resigned last May after just one year on the job. She could not be reached for comment this week. The University is required to respond to the complaint within 30 days of receiving it from the EEOC. Although Medcalf's attorney sent Penn the complaint, the EEOC has not yet sent the University its official copy. EEOC spokesperson David Grinberg said there is no set time frame for investigating the complaint or sending it to the defendant, although notification usually takes about 10 days. The complaint was filed October 31. Grinberg said he could not comment on any specific cases.
(01/14/98 10:00am)
A male crew coach claims he was denied a job because of his gender. In another challenge to an Athletics Department still reeling from the Mitch Marrow controversy, an assistant coach claims that he was denied a head coaching position in women's crew last year because of his gender. In a complaint with the Equal Employment Opportunity Commission, Philadelphia resident Andrew Medcalf, 47, who has coached in the crew program since 1991, alleges that Athletic Department officials chose to hire a woman for the position -- despite the fact that head crew coach Stan Bergman recommended that Medcalf, then assistant coach for the women's team, be hired. "I was the best person for the job," said Medcalf, who is currently the assistant coach for the Penn men's heavyweight crew team. "That was made perfectly clear to me by numerous people. [But] as far as I can tell, I wasn't even considered." According to Medcalf's attorney, Lawrence Woehrle, a top Athletics official told Medcalf that the department intended to hire a female coach for the team, which has had different coaches in each of the last three seasons. "Andy, we're gonna find a woman at least as good as you, if not better," Senior Associate Athletic Director Carolyn Schlie Femovich told Medcalf, Medcalf said. Through a spokesperson, Femovich refused to comment yesterday. The University must respond to the October 31 complaint 30 days after officially receiving it from the EEOC. Medcalf has yet to receive a response, but his attorney said that it often takes a long time for the EEOC to process the documents. Medcalf was "supremely qualified" to replace Angie Herron, who quit last May, Woehrle said. Before coming to Penn, Medcalf served as the head crew coach at Michigan State University in East Lansing, the University of London in England and the University of Rochester in New York. He also helped coach national championship teams in England and the United States. One of his references for the Penn women's head coach position was Bergman, who oversees Penn's entire crew program. According to the complaint, Bergman told Medcalf that his "qualifications and experience were the most outstanding" of all the applicants. Yesterday, Bergman refused to comment. The complaint also states that when Bergman told Athletic Director Steve Bilsky and Femovich of his recommendation, they replied that "Penn could not hire a male for the position." Bilsky and Femovich then ordered Bergman to find a woman for the job, Woehrle said. The complaint further alleges that of the three candidates ultimately interviewed for the job -- all of whom were female -- only one had any head coaching experience. In July, the University hired the only experienced candidate, Barbara Kirch. "Ms. Kirch did possess head coaching experience, but in our view, Mr. Medcalf was clearly the better qualified candidate for the position," Woehrle said. Shortly before Kirch's appointment, members of the women's rowing team urged Femovich to hire Medcalf, the complaint states. The rowers told Medcalf that Femovich responded by saying she was going to hire a woman to serve as a "strong female role model," according to the complaint. The last three seasons have seen considerable turnover in the position of women's crew coach beginning with the 1996 firing of unpopular women's coach Carol Bower, who was replaced by Herron. Athletic Department spokesperson Shaun May refused to comment on the department's hiring process. Medcalf, a British citizen who holds a doctorate in cancer research, said he plans to stay at Penn, adding that he has no fear of retaliation by administrators. Filing a complaint with the EEOC instead of a lawsuit is required by law in cases of employment discrimination. The commission can do one of four things: decide in favor of either Medcalf or the University, in which case either side could appeal the decision to federal court; find that there is no evidence either way, after which Medcalf could continue the fight in court; or give the plaintiff a "right-to-sue" letter six months to a year after the original complaint was filed. Such a letter would say that the commission did not have time to conduct an investigation and that he may proceed directly to federal court.
(01/13/98 10:00am)
Many students think plagiarism is the wholesale stealing of someone else's writing. But few realize that an oversight as minor as incorrectly citing a Web page could prompt disciplinary charges. One campus organization is working to change that. After two years of trying to build student awareness about the issues surrounding academic integrity, the University Honor Council is finally becoming a noticeable presence on campus. "This is the year where we're starting to branch out? where we're starting to really become visible," UHC chairperson and College senior Christina Park said. The 13-person council was created by then-Provost Stanley Chodorow in 1995 as part of the revamping of the University's judicial charter. The UHC is funded by and works in conjunction with the Office of Student Conduct, but Park stressed the UHC's independence and its role as the student voice in the judicial process. The council's main goal, however, is to educate the Penn community about the nuances of academic integrity, according to UHC members. "We want to make Penn, in general, an environment where students care about the Code [of Academic Integrity]," said UHC Vice Chairperson Reid Schneider, a Wharton senior. To achieve its educational goals, Park said the UHC is planning an "Academic Integrity Week" this semester. Park added that the UHC plans to send letters to the incoming freshman class next summer explaining issues of academic integrity. "A lot of the freshmen come in and they don't know what cheating is," she explained. "If there is some way of reaching the students early on, then we can instill an ongoing relationship [and] increase academic integrity awareness." In addition to their didactic responsibilities, UHC members serve alongside faculty on academic integrity hearing panels. Although few cases even reach the hearing stage, students usually confess to cheating -- leaving the panel with only the job of deciding on sanctions. Only about half a dozen cases come before the panel each year, Park said, in part because professors often settle academic integrity issues without referring the case to the Office of Student Conduct. "We're trying to encourage faculty to use [the UHC] more so there would be equal consequences across the board," Park said, noting that many professors choose to either fail students or just let them rewrite a plagiarized paper. Before the 1995 charter took effect, students accused of cheating were referred to the Judicial Inquiry Office, which Park said lacked adequate student input. The new system, by contrast, allows students to have a direct role in deciding the punishment of their peers, she added. Council members serve renewable one-year terms, which expire at the end of each calendar year.