News Scrapbook 1985

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Another Sty led-by -HANSON feature - this alphabetic index for your convenience

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A 2 1985

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Eu . I 88 8 Rethinking the 'disease' of alcoholism_ By Tibor R. Machan W e ave al?seen the ads on TV : " Alcoholism is a disease and has nothing to do with weakness P eople prefer to regard their personality traits as fixed , so that when these make an impact on the world around

El Cajon, CA (San Diego Co-) Dally Californian (D- 100,271)

them, they remain blameless . purported alcoholics cast doubt. In a study it was found that when a group was given vodka (unbeknownst to its mem• bers), the results contradicted the stan- dard ideas about alcoholism. Fingarette makes the point clearly: "If it is true that an alcoholic can't stop drinking , at least after a first drink, then those who actually drank vodka - whether they knew it or not - should have continued uncontrollably to drink all of their pitcher." But "no one drank uncontrolla- bly," Fingarette found that there is nothing on the order of the predictability we find among victims of other illnesses with alcoholics. The fact is that among alco- holics there 1s notorious diversity. Very different explanations account for their drinking, as well as for their quitting. No pattern is evident. Here is Fingarette's conclusion about curing alcoholism: "There is no satisfactory evidence that any medical program for alcoholism contributed any more to improvement than any non-medical program. In fact it's doubtful whether any program, of whatever sort, adds significantly to rates of improvement. If they do, it's a modest effect, so modest as to be very difficult to identify. What we know is that a certain proportion of alcoholics will stop drinking spontaneously, or will limit their drinking independently of whether they enter a program or not ... " That alcoholism amounts to a disease

is undefended. It seems simply to be taken for granted. And one can speculate why this is so. It is always convenient for people to believe that destructive behavior is something they cannot help. People pre- fer to regard their personality traits as fixed, so that when these make an im- pact on the world around them, they re- main blameless. Perhaps in the end the " alcoholism is a disease" doctrine is one of the more visi- ble cor' sequences of the intellectual trend denying that people can be in con- trol of themselves, making all of us vie- times of circumstances. Here is Fing- arette agam : "The reality is that we are responsible for our way of life. Of course it's very , very hard for me to change my way of life. Still- I must take responsibility for what I have made of myself, for the way I live. If not I, who? But you, and I, and those who are alcoholics, are in the same human boat. We ought to have compas- sion for each other's troubles in changing our lives, even though in the end we must hold ourselves accountable for what we are. We should see the alcoholic not as a sick and defective being, but as a human being whose way of life is self-destruc- tive. The difficulty we face is stubborn human nature, not disease." Machan teaches philosophy at the - • si!J'._ of San Diego and is Senior Fellow of the Reason Foundation .

of will . Come to our hospital, call our numb r, foryourselfor a loved one, to be cured of alcoholism. You or your loved one suffer:; from a disease; come to us and we will apply our cure." Even m thb day of "truth m advertis- mg," there is little concern about whether these claims about alcoholism being a disease are actually true. One who has studied the matter, Pro- fessor Herbert Fmgarette of UC Santa Barhara, argues that, m fact, no disease of alcohohsm has ever been properly identified and diagnos d. That such a disease exists rests on the assertions of an ind1v1dual who conducted question- able tud1e In 1946, E M. Jellinek wrote the first paper espousing the disease idea and by 1960 he collected his views in a book, The Dise se Concept of Alcoholism . He ar- gued that alcoholism should not be looked upon as a moral problem: alco- holic suffered from an uncontrollable condition, s1m1lar to cancer or diabetes. Jellinek's method for determinmg all this left much to be desired. Subsequent studies have not managed to confirm any of his ·uggestJons. Fingarette observes, "The classic alcoholic's career (which Jellinek purported to uncover) is - like many other classics - a dramatic myth." One of Jellinek' contentions is that alcoholics cannot stop drinking once they have started. But experiments with I

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hr 1888

./UNIVER ITV CLASSES/ The ll!!_iversi_ty of San D1~e o ers classesa'iiliworkshopO" the University of the Thi~ e, a three- week program for persons age 55 and older seeking intellectual stimulation and physical activity. The classes begin Jan. 7 and continue through Jan. 24. Call 260-4585 for fees, location and to))ics:..--

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San Diego, CA (San Diego Co.) San Diego Magazine (Cir. M. 20,324)

San Diego, CA (San Diego co.) Senior World (Cir. M. 50,223)

San Diego, CA (San Diego Co.) San Diego Magazine (Cir. M. 20,324)

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..Allen '• P. C. B f'.<1. 1888 /Classes offered at USD The A~~ol Process, How to Be an Intelligent Health Consumer and Learning to Live with Microcomputers are just three of the lectures to be offered during the winter session of the Universj1Ji.-of San Diego's (USb) University of the Third Age, a special pro- gram of lectures and physical exercise for persons over the • age of 55. The session begins January 7 and ends January 24 . Now in its seventh year, the Monday-Thursday program be- gins with an exercise class from 8 to 9 a.m. daily, followed by lectures at 10 and 11 :15 a .m. Faculty include several USD professors and other educators and professionals from the San Diego area. There are no ex- ams, papers or grades . Fee for the session is $50. Enrollees must provide their own transportation to the USD campus. For registration and more information, phone USD's Con- tinuing Education Office at 260-4585. /

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aig Higgs Craig Higgs, a R •.,,., ,-.c' t · igious old law firm of Higg Fletcher & Mack, has been\ur- sued by local Democrat powers to run for either lily Council or city ~Htie pres-

Richard Jluflmail-~~ Richard Huftnan ./ l

San Diego, CA (San Diego Co.) Daily Transcript (Cir. D. 7,415)

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1..,,. 1888

/ * * * Aom Bolinger and Clay Lorin- sky have been named associates in the law firm of S~a~r & Ferguson. . Bolinger will work in real estate law and Lorinsky in civil litiga- tion. They are both 1984 graduates O~hool. ./ _/ *** / .

attorney. Higgs, son of old-line lawyer DeWitt "Dutch" Higgs (who served many years on the Uni- versity of California Board of Re- gents), did not take up the offers because he believed his presidency 0 _f the San Diego County Bar Asso- ciatmn would be better served if he remained politically neutral. But in December, he stepped down as bar president and now is ready and eager to enter the political fray. The 19 69 l,ISD Scbool of Law graduate is privately considering a run for office and greater involve- ment in behind-the-scenes political maneuvering.

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San Diego, CA (San Diego Co.I Evening Tribune {Cir. D. 127,454) A 8

San Diego, CA (Son Diego Co.) Evening Tribune \Cir. D 127,4541

San Diego, CA [San Diego Co.) Evening Tribune (Cir . 0 . 127,,154)

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.Jlllm'• P. c. e F.Jr. I 888 Judge will allow four-week recess in Lu<29s.Jiearing

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f',r. 1888 robers broaden scope of Lucas case ,f/...C/.S~ . . . · · · d By Mike Konon Deputy District Attorney George W. Clarke adnutted _that Lucas currently is charged with three ~laymgs an _an at- Tribune um Writer preliminary comparison of a note seized from Lucas' cell with a tempted murder and faces a Friday preliminary hearmg on Hand prints and head-hair samples were taken today from bloodstained note found at_ the scene of two 1979 s!ayings indi- those charges. The slayings ~e already is charged wit_h are the multiple murd r u p ct David Allen Lucas in the continuing cated tha~ the note was written by Lucas, but he said no formal N?v· 20 death of Anne Cathe.rine Swanke, 22_, a U versit of San inv tig lion of two additional slayings. _ handwriting exemplar had been taken. . . Diego h~nor_ student who '.\as last seen ahve a~ s~e came a Th mple were taken in county jail by San Diego Police Deputy District Attorney Be_rnard Reyak, who IS prosecuting can of gasoline toward her car on Parkway Drive m La_Mesa, Department investigators after Presiding Superior Court Judge another man for the 1979 ~layings, coofmned that at least one and the Oc~. ~3 murders of_Rhonda Strang, 24, .and a child s.he o nald w. Smith d med a request for an order preventing the handwriting expert has said that the note found at the sce~e of "'.as bab_y-s1tting, Amber Fisher, 3. Lucas also 1s charged wit~ sample-taking. the slayings of Suzanne Camille Jacobs, ~1, and her son, Cohn, 3, k1dnappmg, r~pe, assault and atte~pted murder of Jody Santi- Smith d med the request by Lucas' attorney, G. Anthony had been written by Lucas. The head-hair samples_ were soug~t ago, who s~rv1ved a .slashed throat m a June 9 attack. Gilham, followmg a brief hearing this morning. Gilham a~gu~d because Jacobs wasiound with stra_nds of. blohd hair clutched in Meanwhile, Mass_mgale now faces a Jan. 14 trial on t~e that District Attorney Ed Miller's office "already has m its her hand. Lucas, 29, has blond hair, while the man presently charge f m~rdermg Jacobs and her son May 2~, 1979, m posse Ion enough evidence and any further intrusion on his charged with the slayings, Johnny Massingale, 30, of Harlan, Jacobs' home m the 3400 block of Arthur Avenue in Normal (Lu~ ) p rson 1s unreasonable." ---~ Ky., has dark hair. --~ Heuz:hts.

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A~irfii~y hearing for David Allen Lucas on three murder charges will be interrupted for almost lour weeks. Municipal Judge Wayne L. Peter- son announced yesterday that he will hear testimony tomorrow afternoon, then recess the hearing until Feb. 5 to allow defense attorney G. Anthony Gilham time to analyze police re- ports and evidence. At Gilham's requ st, the hearing is being conducted bchmd closed doors. "' Peterson ruled that barring the pub- lic was necessary tQ ensure a fair jury. ing Ann C~therine Swanke, 22, lj/ University pf San DiJlgo .student who was last seen ahve Nov. 20 on Park- way Drive in La Mesa; and with mur- dering Amber Fisher, 3, and her baby-sitter, Rhonda Strang, 24, on Ocl 23. He also is accused of liidnap- ping, raping, assaulting and attempt- ing to murder Jody Santiago on June 9. • Lucas also is considered a suspect in the May 24, 1979, slayings of Su- zanne Camille Jacobs, 31, and her son, Colin, 3, in their home in the 3400 block of Arthur Avenue in Normal Heights. Another man, Jqlinny Massingale, 30, of Harlan, Ky., as originally charged with the Jacobs killings but was rel~ed Friday. / Lucas, 29, is charg d ilh murder- /

San Diego, CA [San Diego Co.I Evening Tribune !Cir. D. 127,454)

Man hel in murders cleared Massingale case dropped on insufficient evidence

By Vic1i'?ofe: and Mike Konon Tribune Staff Writers

Lucas' hands were bound to his waist by chains as h walked between two marshals. The paths of the two men crossed yesterday after the district attorney's office dropped both charges against Massingale stemming from the 1979 slayings of a Nor- mal Heights woman and her son. Massingale was to have stood trial Jan. 14. "I got nothing against San Diego," Massingale told reporters who clustered outside the downtown jail as h was released. "I've just t>t:n mistreated by the law. Please see MURDERS, f9

San Diego, CA !San Diego Co.) Evening Tribune (Cir. D. 127,,154) ' 3 1 ~5

Son Diego, CA \San Diego C~-l San Diego Union \Cir . D. 217,32,I) {Cir. s. 339,7881

John Massingale, in the county jail for the past 10 months awaiting trial on two murder charges, walked out a free man at 5:45 p.m. yesterday. Minutes later, David Allen Lucas, charged with three murders and now under investigation in connection with the two slayings for which Massingale had been accused, was escorted into jail from the county court- house.

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7S Proposal for freeway call boxes By Pam r:s;{tf Stall Wnler A local ~Idle senator is lead11111 a drive to provide emergency call box along San Diego CoW1ty fr •· ways within the year. In tht• next mo.,!b, st"te Sen. W1l• ltam A Craven, :dkcam,1de, will propo 1• a plan to the state Leg1sla- lun! which would earmark $2 million of the state's general fund for the proiect The funds would provide the boxes at qu<1rter-m1lc mlervals along all o1 San Diego County's 283 nnk-s of free- ways Stalled motomls can use lhc phonl':i, winch would hnk them d1• rec1ly to California Highway Patrol operators, to summon law enforce mcnl officers or a local towmg ageA• cy •rtie irnplementat~n of the proJect would make San Diego County the s1-cond in the s~te with a call box sy tern Lo:; Angeles County has op- t>r ted a sucet~ful ~y ·tem ~mce 1!16i. If approved, Cravi:n said he will ask the :;tale to funnl·I the money through C .. i!Trans and have them spend II orrttle an Diego reg1011 Cr.1ven hopes the County of S;in 011.:go 111111 implement the plan. •·1 have submitted a plan to the county but I'm still wa1tmg for the word to !;Ce how receptive they r~ to 1l," he said. Craven said he got the idea to start a call-bvx drive in ~('ember, when he read a &n Vi~JIO Univn e,htorial praising the idea for such a sy.stem in San Diego County. ' • .- • Craven said the County of Lo:. • gcle:; bas ~av d money elft:h -year w1lh its system The edllorn1I, which appeared Dec_ 9, said on)y 20 percent of the Los Angeles system' 80,000 calls a month on the emergency phones re-, qum:d a law enforcement re:.ponse. As a rc:sult, the CHP's patrol cost:. Jre reduced by more than $1 mHliOI\ a yl•ar. To bring th t ost of implementmg the prui;ram down, Craven said lh.e bo es could tic placed at half,mile nule mtt•rv Is in the le:,s mcorpotat• ~'

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AIN: The feds are deep rnto yet another San Diego in- vestment probe. This one in- volves Michael Hoyt du Pont of the du Pont chemical family. He 1s a Point Loma resident. His du Pont Energy Cont rol Corp. al- legedly talked of 100-to-1 profit from a secret fonnula for creat- ing wood, concrete and cerami substitutes. (Several investor say they w re told that an entire airfield could be p ured within a mornm , ready fo noon aircraft landings) Atty. J im Lorenz, for- mer U.S. attorney, is represent- ing du Pon The buck may not stop there Lorenz ays lus client was bamboozled bv a rool pa r of San Diego brothers, dnd du Pont is swng them The investigation continu and reported investor loses mount CLO EOUT: Frank ClJrk i liquidating the Adams Avenue carpet cleaning company be owned v.ith David Lucas, who's not riround. Lucas is the man char ed with lr.illiog niversity of~.Diego_ honor sturlP'lt Anne Catherine Swanke, an~ a 3-year- old girl and her baby 'tter in Lake ide.

UPI photo by David McNew

JOHNNY MASSINGALE LEAVES COUNTY JAIL Cleared of two 1979 slayings here

*Murders Continued From Page 1 "I f~l like they ?We me one for what they done." . Despite the evenmg chill, Massingale, 30, was dressed m on!~ a gray polyester shirt and blue jeans. His face ~re rucks fro~ a fresh shave, and his hair was neatly trimmed, but his voice quavered and tears came to his eyes as he talked to reporters. "Yes, ma'am," he replied when asked whether he felt glad to be out of jail. "I just want to go home." He added that for his first meal out of jail he wanted "a bowl of beans and corn bread." Mass:ngale was arrested by police in his hometown Harlan, Ky., in May after being stopped for a mis~ demeanor traffic violation. _He was extradited to San Diego County and charged with the May 24, 1979, slayings of Suzanne Camille Jacobs, 31, and her son, Colin, 3, in their home in the 3400 block of Arthur Avenue in Normal Heights. Evidence against Massingale consisted of statements by Texas prison inmate Jimmy Joe Nelson, a friend of Massmgale, who reported that the Kentuckian had ad- mitted the Normal Heights killings during a cross-coun-' try trip in 1980. Further, police obtained statements from Massingale that implicated him in the deaths. After Lucas was arrested last month on other murder charges, police took samples of his hair and handwriting to compare to evidence gathered at the Jacobs home. Yesterday, Superior Court Judge Barbara T. Gamer granted a r~u~t by Deputy District Attorney Bernard Revak to d1sm1ss both charges against Massingale be- caus~ prose~u~ors h_a? reac~ed "unanimous agreement" that there 1s 1nsufflc1ent evidence to link Massingale to the homicides of Suzanne Jacobs and her son, Colin." After the dismissal, Massingale's attorney, James Tetley, said that "once Lucas was discovered, I don't thmk they reasonably could have won the case" against Massingale.

Revak said that he does not plan to charge Lucas with the Jacobs slayings now, but that the investigation is continuing. Yesterday, Massingale seemed confused when asked a~ut s?tements he had made to police implicating himself m the slayings. "The cop told me, 'We got evidence over in San Diego,' and I told him I'd never been to San Diego ~xcept f_o~ two weeks in 1980 or 1981," Massingale said. I was livmg on the streets then like a street person." Massingale said his attorneys, Tetley and Tim Ru(!1erford~ have arranged a place for him to stay until be is required to testify in connection with charges against Lucas. Of the case against Lucas, he said: "I don't know anything about it." After reporters fired more questions at him, Massin- gale appeared upset. " ,"Si:," the soft-spoken Kentuckian told one reporter, Id hke to have a lawyer now. With all the questions you people are asking, I don't know whether I'm coming or going." He was rescued by a man who identified himself as a private investigator and took Massingale away in a car. "I just thank God I'm out," Massingale told reporters as the car pulled away. ~eanwhile, a preliminary hearing for Lucas began behmd closed doors. Municipal Judge Wayne L. Peter- son ~anted a defens~ request to close the hearing to the public to ensure a fair trial. The hearing is expected to take at least two weeks. Lucas, 29, is charged with murdering Anne Catherine Swanke! 23, a U'1ivecsity of Sar Dieeo ileAer student last seen alive Nov. 20 as she carried a can of gasoline toward her car on Parkway Drive in La Mesa· with murdering Amber Fisher, 3, and her baby sitter, Rhonda Strang, _24, Oct. 23; and with kidnapping, raping and attemptmg to murder Jody Santiago on June 9.

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Ramona, CA (San Diego Co.) Ramona Sentinel (W. S,307)

La Jolla, CA (San Diego Co.) La Jolla Light (Cir. VJ . 9,293) 0 Jll{ 61 '1 P. C. B

JAN 9 - 1985

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t ,, 1888 Bar exam tough /Cf.3 • • • Or\ 1 m I nor1t1es SAN FRANtr:1c;co (AP) - Scores on Those repeating the exam after failing last July's California bar exam dropped It in the past had a pass rate of lU for every category of students, but the percent, down from 23 percent In July decline wa especially severe for mtn- 1983 ont1es, according to new figures from the The bar has offered no explanallon for bar. the drop in scores but has denied that the ,lust 11 I percent of the blacks who took test or the grading were more difficult the exam passed, compared to 48.3 per- than in previous years. Bar statisticians ent of the whiles, the report said. The are working on an analysis pa. sage rate wa, 18.1 percent for His- The report also said the pass rate for panics and 30 percent for Asians. women was 1.3 percent higher than for All ethmc iroups declined from the July men, compared to a 5.9 percent gap In the 1983 exam, when the pass rate was 55.1 previous year. However, among first-time percent for white,, 15.8 percent for blacks, test-talters, men had a 2.1 percent higher 24 8 percent for Hispanics and 39.7 percent pass rate than women. for A 1ans. But proportionately, the pass Among ma;or Cahfomla law schools, rate dropped by about one-fourth for min- the best passage rate belonged to the ortties and onHlghth for whites. University of California. a~ Berkeley, at Overall, out ol 7,352 students who took 76 I percent, followed liy UC Davis at 74.4 thl' thrce-

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i:.u 1888 /Harp society chapter to benefit from recital sent a solo harp Sunday, Jan. 20, in Camino Theatre on theU~f San Diego campus. Ticketswilrbe available at the door for the concert sponsored by the USO Department of Fine Arts. Ticket prices are $6 general admis- sion, $4.50 students and seniors, and $3 for children under 12. The program will include Darius Milhaud's Sonata for Harp, Op. 437. Adams, currently the principal harpist in the San Francisco opera and faculty member of Mills Col- lege, was a protegee of Marcel Grandjany al the Julliard School of Music. She attended the Univer- sity of California at Los Angeles, New York University, and the Universily of California at Berkeley. The concert will benefit the San Diego Chapter of the American/ Harp Society. ./ Harpisl Anne Ad~~ pre- p.m.

People on the Move

Millie Hill

Marilyn MorriU Grady

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La Jollan Steven .M. Grady has been appointed general legal counsel for Income Propeny Group , six operating companies involved in real estate matters. Befo re joining IPG, Grady practiced law in La Jolla and ~ onh County. He is a real estate broker and lectures at the Univer- ~ity of San He holds-; mas ter of business administra- tion, a j uris doctorate from the University o f San Diego and a bachelo r's degree in urban plann- ing from UC San Diego.

- Harvard, 83 percent, and the University of Michigan, 78.4 percent. Several private law schools were par• ticularly hard-hit. notably the University of Santa (;_Iara, dropping frome7 .2percent lo 46.6 percent; the University of Pacific's McGeorge School of Law in Sacramento, from 69 to~ percent, and the Uni','erslty of Sa~~':go, from 62.9 to 47.1 perc:eiil.

The decline was even worse for the toir ranking group of students, who were lak• mg the exam for the first time after gr.iduating Crom major law schools, ac- credited by both the state and the Amen- can Bar Association. Their p;Jss rate was 59.9 percent, tlown from 70 percent a year earlier.

El Cajon, CA (San Diego Co.) Dally Californian (D. 100,271)

JAN 16 1

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Inland MEMORIAL CO~ ERT/ A memorial concert will be held Saturday night to ra1 ·e money for a music scholarship fund in memory of murder victim Anne Swanke of San Carlos. The concert starts at 8 p.m at Our Lady of Grace Cathohc Church Hall at 2766 Navajo Road in El Cajon. according to Bill Butler Butler has a radio program featunng Irish music and ballads. Swanke, 22. was an honors ·student m music and French at theYniversity of San Diego She was kidnapped and slain Nov. 20 Chns Vilas, a Southern California fiddle champion who specializes m bluegrass music, will be one of the performers. Debra Lee Moody, a pop, ballads and country western singer, also 1s on the program. Tickets are $5 at the door or the church rectory. The Swanke family is part of the congregation Butler said the money from the concert will be added to the scholarship fund started by the university on behalf of the slain student. A_

Escondido, CA Daily Times Advocate

San Diego, CA (San Diego Co.) Eve ning Tribune (Cir. D. 12 7, 4541 JAN 1 c 198

Escondido, CA Daily Times Advocate

(Cir. D. 31,495) (Cir. S. 33,159)

(Cir. D. 31,495) (Cir. S. 33,159)

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far. 1888

Jl lleri'• ~University of San Diego Honors Program far t has estiiohshed the Anne C. Swanke Award o ~~;or the slain USO student. The award will be pre- sented each spring to the outstanding gradua tlnR sen- l In the University's Honors Program. Swanke, a ;~ench and music major, as a senior in th~~onor Program until she was murdered Nov. 20. o<..: ..,..-: P c. a r,, 1888

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a(Ri~m, - Performance in• clud~sllron by Milhaud, 3 p.m. Jan. 20, Camino Theater, IJS.0-Benefit for San D_iego Chapter of American Harp Society. Tickets. general, $6; students and seniors $4.50; ch.ldren under age 12, $3. lnloramtion'. 260-4600 7

falison Bailey was recently named vice president of Zeta Tau Alpha. She is a junior a t the Uolverslty of Sa~ajorlng 1n biology. A 1982 graduate of Escorufiifo High School, she Is the daughter ~f St~ and Betty Bailey of Escondido. ).!!ft>/

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Est. J 888

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m kmg the drugs egal will reduce their .;o t 1 he cost of crime-fighting would be reduced. Some medical costs may nse m connect10n w th treatment of drug-relat- ed 1lments but msurance should be ex- pected to cover these. Of course, there would be no subsidies for an} of the drugs alcohol, tobacco, marijuana or anything else That, too. would redute expenditures. With the. e changes, the government 1.:ould s,n e billions of dollars; thousands of product!\ e people could turn to work •hat 1s mdeed producti e; the scope of government would be reduced; military expenditures would no longer be targeted for reduction although they. could be trimmed) because of high deficits I see no reason why there should not ~imply be a total suspension of govern- me'.'lt' s clearly hypocritical and demoral 1zmg attempts to treat us as children who netcd Big Daddy to watch over our bad habits. ',1 chan eaches philosophy at the Univer -1¥-

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Reason Foundation

Son Diego, CA (Son Diego Co.) Evening Tribune (Cir 0 . 127,454) JAN 2 2 1985 JI.II~,.·· P. C. 8

Son Diego, CA (Son Diego Co.) Son Diego Union (Cir. D. 217,32.tl (Cir. S. 339 ,7881 JA Jlf~,i'• P. C. 8

Son Diego, CA (Son Diego Co.) Son Diego Union (Cir. D. 217,324) (Cir. S. 339,788)

"''· I 888

JAN 2 2 1985

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F.sr 1888

/ School Searches Where public...,s,s:Jl~chers are concerned, t~-~- Supreme Court decision in the New Jersey case will severely restrict teachers in many states, those states still adhering to the Roman law of in loco parentis. Under that law, public school teachers were considered, presump• tively, to be agents of the parents, not the state. As parents are private persons and as the Fourth Amend- ment does not apply to searches and seizures by private persons, the Fourth Amendment did not apply to searches and seizures by public school teachers. The U.S. Supreme Court has now overruled that view in the New Jersey case. Where private school teachers are concerned, the U S. Supreme Court decision is not applicable. Searches and seizures in the private school system are outside the Fourth Amendment because their teachers are not agents of the state. D.V.KERIG

By Marta Puente Trlcune Stilff Writer Amb1tiou

plans to construct an $800 000 multipurpose building at r.u 100 San Diego de Alcala have been temporarily checked by contro- versy over the preservation of an ar- chaeological excavation in the way of the proposed structure. Church officials had hoped to get started on the construction pro1ect by the end of next month, more than 1x years after it first was approved bJ the city's Historic Site Board. Any bmidrng proJect at the mission, which I list d on citv. stat and na• tional registnes or" historic sites, must be reviewed by the board. But city planning officials say they mtend to refer the project to the board at the end of February for an- other review of its impact on the 19· year-old archaeological excavation site that is supposed to be bulldozed to make way for the building. The move could mean an indefi• mte delay in the construction of the proposed 10,000-square-foot building that will include a 750-seat auditori- um, a kitchen, classr

Profe sor of Law USD Law School ---

Court division before her appoint- ment, which was announced last week by the Municipal Court judge1/

Tnbune photo by Thane

SITE Oft' ARCHAEOLOGICAL COl',;TROVERSY Will bulldozer be allowed to bury past?

San Diego, Tuesday, January 22, 1985

*Mis~on Cont 11 om B-1

Moreover, Alfonso Macy, an archi- tect with the local firm of Macy Hen- derson and Cole, which bas designed the proposed building, said that builders will have to dig another six feet into the ground below the esti- mated 10 feet excavated by the ar- chaeologists - to reach solid ground to bui,d on. Although the actual excavation site would be destroyed by the build- ing project, Eagen said the church is keenly aware of the value of the mis- sion's history. He said the artifacts uncovered by the archaeological diggings would be placed on display ir, the space that will become vacant once parish activities are moved to the new building.

Serra, who will be commemorated on a U.S. stamp, also is a candidate for canonization as a saint in the Roman Catholic Church, and any- thing connected with him takes on added importance, local archaeolo- gists my. As a result of Higginbotham's questions, the San Diego County Ar- chaeological Society last week passed a rei;olution urging the city to take another look at the building project. The question of archaeological preservation is complicated by a dis- agreement between USD archaeolo- gists and other local arcbaeologats over whether there is anything left at the site worthy of being preserved.

"But I wanted to ensure that the let- ter of the law was being followed, and it looked to me like it wasn't." The building project currently is being reviewed by city buildmg per- mit officials as part of the "final plan check" stage. Under ordinary cir- cumstances, the project would have been referred to Buckley for a final · "sign off," but Buckley said Higgin- botham's questions prompted him to look into the matter more closely. Higginbotham and several local archaeologists say the archaeologi- cal issue is particularly pertinent be- cause the original mission, founded in 1769, was the f' rst of a chain of 21 missions founded 10 California by Fa-, ther Junipero Serra. The bicentenni- al of his death was Aug. 23, 1984.

prompted two weeks ago by ques- tions raised by Joy Higginbotham, a docent at the mission and a member of the parish. ·Higginbotham said she checked the city' files on the project and dis• covered that the original environ- mental report on the project includ- ed a condition that the archaeologi- cal site be preserved to whatever extent possible. She said she began asking ques- tions of Buckley and other planning officials after learning the architects on the project planned to bulldoze the excavation site. "I had reconciled myself to the buildi g going in over the archaeo- logical site, although I was sad about the site being covered up," she said.

- effort in decades of restoration activities at the mission, which has been rebuilt several tim in its 216-year history. Eagen said the design of the pro- posed building is based in part on the design of a structure that stood in the same spot, according to a sketch of the mission dated 1846 and 1848. In what could be described as an archaeological field classroom, USO students began excavating at the mission in 1965, and the project con- cluded last spring. The diggings man- aged to locate the remains of major mission buildings and uncovered more than 6,000 artifacts, such as bottles and tools. The city's renewed interest in the mission building project was and most expensive -

Umversity-1)£ San-Di go archaeolo- gist who had been In charge of the excavation project, to produce a re- port of bis findings that will be dis· tnbuted to state and local arch eolo- g for review. Buckley said the report would be used by the board to determine whether to reqwre preservation of the archaeological site a a condition of final approval of th building project. Such a condition had been attached to the original approval of the project ix years ago, but the build- ing was postponed while the diocese embarked on an effort to start a new parish m Tierrasanta. In the interim, city officials said. the plans for the building had changed. In addition, archaeological exca- vation at the site went on, and Buck- ley said preservation no longer may be necessary or even possible be- cause the continued excavation work by USO since then has removed the area originally intended for preser- vation. "I'm very concerned because this is going to mean another delay," said Mgsr. I. Brent Eagen, pastor of the mission for the t 14 years and chancellor of the San Diego Catholic Diocese. "The parish bas grown tre- mendously, from about 135 famihes in 1971 to more than 1,300 now, and we need that facility very badly." The proposed building · the latest

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Seal Beach, CA (Orange Co.) Seal Beach Journal (W. 14,000)

San Diego, CA (San Diego Co.) Daily Transcript (Cir. D. 7,415)

JAN 23 1985

Los Alamitos , CA (Orange Co.) Cypress-La Palma News Enterprise (Cir. W. 10,000)

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/Who's Who' '!!~R~~!I be hsted in the 1985 edition of Who's Who Among Students in American Universities and Colleges, it was announced. Denos is a senior majoring in inter- national business at the University of San Diego. Atotal of 57 University pt sao pjego st uden~s were selected for the honor. Who s Who selection is based on academic achievement, service to the c.ommunity, leadership in extracur- ricular activities and potential. Outst:andong st_udents attending in- st1t_ut1ons of higher learning in the United States and overseas have been honored in the directory since it was first published in 1934 The University of San Diego is an in- de~end~nt Catholic institution. The ~noversity enrolls 5,264 students in its College of Arts and Sciences, four professional schools in business, la~

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'1 p C. B I 888 /4ttorney Steven Denton has been elected president of ~ni- versity of San Diego Law Alumni boar~ of mrectors for 1985. A USO law school graduate, Denton is a member of the firm of Ludecke, McGrath and Denton. Other newly elected board officers ar Shelley Weinstein, Adrienne Orfield, Judi Foley and Thomas Polakiewicz. :Z°/!3!i., _,,, • * * ~ - f r.

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++++____:::;.;-- 1ge..of.Cypress will be 1~ edition of "Who's ong Students in American Universities and Colleges." Andrade is one of 57 Universitv of San Diego students who recently weie !ffilectecl tor the honor. He is a junior with a double major in accounting and philosophy. · / ~..L..L / list

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Son Diego, CA (Son Diego Co.) Evening Tribune (Cir. o. 127,4541

Son Diego, CA (Son Diego Co.) Evening Tribune (Cir. 0 , 127,454)

Jlfk,.'• P. C. 8 F.st. 1888 ,,,{ogram raises $200 forJ>J;ui~cholarship Aooui,t~ ~s raised for the Anne Catherine Swanke Memorial Schol- arship Fund at the Uo.i¥ersity of San ~iego from a musical vanety pro- gram conducted at Our Lady of Grace Roman Catholic Church. Bill Butler, a church member and organizer of the program, said about 50 persons attended the program Sat- urday night in the church's meeting hall. "It was an artistic success," Butler said. "We didn't expect it to be a great financial success because this was the first such show of what we plan to be an annual event." Swanke, a USD voice and music student and member of the church, was slain in November by a man whom authorities believe gave her a ride after her car ran out of gas. Reward money offered for informa- tion on her abduction and death never was awarded. The money went into a memorial scholarship fund at the university.

JAN 2 2 985

1888

ke reward probably won't be paid

was cut. Young said no one has contacted his office seeking the money, though he has had several calls suggesting the money be used to fund a scholarship in Swanke's name. The university already has started a music scholarship in her honor and the reward money could be used to enrich that fund, said Sara Finn, director of public relations for the uni- versity. And starting this year, an award in Swanke's name will be given annually to an outstanding graduating senior in the university's honors program, Finn said. Swanke was last seen alive about 2 a.m. Nov. 20. carrying a can of gasoline toward her car on Parkway Drive in La esa. Four days later,

"It's not as though you don't want to pay the money out, but you don't want to just give it out helter-skelter," Young said. A final decision is expected to be made by the end of the week, after Young meets again with authorities and the anonymous donor who put up the bulk of the reward money. . Luca , of the 10100 block of Casa de bro Boulevard in Sprmg Valley, remains in custo- dy, charged with murdering Swanke, a 22-year: old USD music student, as well as laying Rhonda Strang, 24, and Amber Fisher the 3- year-old child Strang was baby-sitting Strang and the child were killed Oct. 23. II had their throats slashed. He also is charged with the June 9 kidnap• pmg, rape and assault of Jody Santiago, 30, of Seattle, who was attacked while visiting San Diego. She was left for dead after her throat

a hiker discovered her partially clad body on a hillside in Spring Valley. After her disappearance, Swanke's father a philosophy professor at the university and oth- ers raised $5,000 to fund a search for her. When the body was found, an anonymous donor stepped forward and added $20,000 to the fund targeted for tips. · The u~versity has the $5,000 initially of- fered, while the $20,000 remains with the anon- ymous donor, Young said. USD officials declin- ed comment on whether they have asked the donor to turn the reward money over to the university. A third segment of the reward fund - $1,000 put up by the San Diego Crime Stoppers Pro- gram - probably won't be awarded either said George Saadeh, a businessman who head~ the group.

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San Diego, CA (San Diego Co.) Evening Tribune (Cir. 0 . 127,-45-4)

San Diego, CA (San Diego Co.I Son Diego Union (Cir. 0 . 217,32-4) (Cir. S. 339,7881

A 24 1985

.JAN 24 1985

._Al/-,11'• P. C. B

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~11/i.~~b,!!:.f!:.!!!:~~~ rn~ym!? cabinet f Or Fox- ~~!!!!.,~l!..!.!!?.!!c,m~!!!!..., ny's $6.5 million fund-raismg campaign, has nam d Hugh Fried an, = - piarust, who received $100, will perform with the orchestra _at the Young Gordon Luce, David Copley, Paul I. Stevens and Dorene Whitney to his People's ~o~certs on May 31 and Ju~e 7. P1amst H1roko Kumtake came m

~wanke case reward in doubt for in- formation leading to college student Ann Swanke's killer may not be paid m full - even if the suspect charged with the slaying is convicted. San Diego Crime Commission di- rector Roger Young said the prelimi- nary decision not to relc ase any reward money for inforrpation lead- ing to the a.-rest of the suspect is because the arrest was due to good police work rather than assistance from the public (Rewards are some- time.s ~ven after arrests and do not have to be based on convictions.) "That really was the key - (the arrest) came from extraordinary good police work. Again, we are a long way off from making a final de- cision. The matter is still open," Young said. Swanke, 22, disappeared early Nov. 20 after her car ran out of gas on a La Mesa street. She was found dead. her throat slashed, four days later by a hiker in a remote Spring Valley area, A $5,000 reward initially was of- fered by victim's father and several others. After the body was discov- ered, an anonymous donor offered a $20,000 reward and the 10<.'al Crime Stoppers Program added $1,000 for tips leading to the arrest. On Dec. 16, sheriffs detectives ar- rested 29-year-old David Allen Lucas at his home in Spring Valley. Lucas has been charged vith the murder of Swanke as Wf'll as the Oct 23 throat- slashing deaths of Rhonda Strang, 24, a.. r.ol ,gir I, Amber Fisher, whom Strang was baby-sitting in Lakeside. . Young said the donor of the $20,000 has not been contacted on his wishes. He said he also has not discussed the matter with the Sheriff's Department or officials at the Universit_y of San Diego, where Swanke was an honors music student spokeswoman at the university The $26,000 rei,${f;?ri.ed

Vi I • s h a e r I e C e r ------------'~----re

campaign cabinet. Their task 1s to raise money to endow operate and reno--, val the Fox Theater, due to become the orchestra's new borne - Symphony ''I am confident that, with this outstanding group of cabinet members for t campaign in place, fund raising for the symphony 111 move ahead on id late last week. "Their experience, talent and dedication to th arts will be mvaluable in our efforts to renovate the Fox Into an Symphony Hall " cordmg to Smith, each member will concentrate on a particular seg- m nt of the community d1 t h1 efforts toward the government sector. Luce, chairman and chief xecutiv officer of Great American First Saving· Bank, will focus on the city bu in and corporations. Copley, semor vice pre ident of The Cop- 1 •y Pr ·, Inc., and pre 1dent of the James S. Copley Fo dation, will be in l·~ rge of It llahons among San Diego's foundations. icv ns, chairman of the board of Rancho Santa Fe attonal Bank and board chairman of the an Diego Symphony Orchestra Association, will seek donat10n · from the symphony's board of directors. And Whitney, an experi- enced fund ra r for non-profit projects, will orgamze th orchestra's gala opemng concert on Nov. 2 at Symphony Hall. Hall - in November hedul ," Smith internabon I c Friedman, a lawyer and law professor at the U · · · , WIii

second, pianist Andrew Campbell third, and trumpeter Ryan Anthony and v101imst Tiffany Modell were awarded honorable mentions ... Neal Stulberg, the Los Angeles Philharmonic's assistant conductor on the Exxon/Arts Con ductors Program, has become music director of the ew Mexico Symphony

in Albuquerque.

MUSIC/DANCE CRITIC

NEW RECORDINGS: Hakan Hagegard's name may be hard to pronounce, but his voice is easy to listen to. The blond Swedish baritone has a sound that is smooth yet focused, strong yet expressive, with a sweetness reminiscent of

Competition, named after the late American diva, IS accepting apphcations from singers who will be between the ages of 21 and 32 as of June 17, 1985. Regional quarterfinals will be held in a war1ety of U.S. and European cities,

the young Fischer-Dieskau.

Hagegard is known for his work in opera (he was Papageno in Ingmar including San Francisco (April 22) and New York (May 8). Twelve singers wili Bergman's film version of Mozart's "The Magic Flute") and with orchestras be flown to Spoleto, Italy, for the semifinals and finals in June. (he'll appear in New York next week with the Boston Symphony). Yet as two The I/inners will receive cash awards totaling more than $25,000 and will new RCA releases indicate, Hagegard is also a master of art songs. perform at the Teatro Sperimentale in Spoleto. Deadlme for applications IS In works by Richard Strauss and Hugo Wolf (ARCl-5320), he comunicates Feb. 28. For more mformation, ite Elayne Duke at the Rosa Ponselle the meaning as successfully as the notes. Sensitively accompanied by pianist Foundation, ''Villa Pace," Stevenson, Md 2 153 Thomas Schuback, he probes the psychological depths of Wolf's "Verbor ON THE BEAT: Josephme Barstow, af r starring in tbe San Diego Opera's genheit" ("Secrecy") and unleashes the surging emotion of Strauss' "Anbe~ production of "The Merry Widow' next onth, will fly home to England to tung" ("Adoration"). receive the honorary title of "Commander of the British Empire" from the _ _____________ queen.... Due to scheduliltg conflicts, the Feb. 11 performance of the San

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Diego Chamber Orchestra, with baritone John Reardon, has been canceled ... Yu-me1 Wei, a sophomore at Coronado High School, placed first in the San

T LENT EARCH: The second annual Rosa Ponselle International Vocal

San Diego, CA (San Diego Co.) Dally Transcript (Cir. D. 7,415)

A 22 1985

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~{(55 Trepte To M?,nag~ Construction Of$9Million USD ~tl!dent Cen_tei: _ Trepte Construction Co. has been selected to manage construction center for student orgamzabons and publications. D signed by of the $9 million University Center to be constructed beginning this Architects Mosher/Drew/Watson/Ferguson, the building will 'summer at the University of San Diego. The two-story, 74,5()(). feature a Spanish Renaissance style with large archways and a red square-foot structure 1s o mclu ea student dining hall, a faculty tile roof. Blaylock-Willis & Associates is structural engineer, Merle dining room, student government and student affairs offices, a deli, Strum & Associates is mechanical engineer and Van Buren & As- a sundries store, a lounge and multi-purpose pr'?Jfr~ i:o~m and a sociates is electrical engineer for the project.

said a music scholarship has been started and the money could be transferred to that fund if it is not given to tipsters. Young said he would be against the total reward going for tips because "it was not a case of a single individ- ual calling and literally solving the crime." But he said there is "a good possibility" some of the money might be paid. A lot will depend on what the anonymous $20,000 donor wants done, Young said. /_

San Diego, CA (San Diego Co.) Evening Tribune (Cir. 0 . 127,-45-4) JA 3 0

Escondido, CA Daily Times Advocate

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(Cir. D. 31,495) (Cir. S. 33,159)

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.Jl.fl_,'I '• I , 1888 /(JSD gets Signal grant SAN DIEGO - Thi: University of San OJ£go will receive a $1.2 mil- lion challenge grant from the Sig- nal Cos. Inc. of San Di~~fficials say. ~i Forrest Shumway, S gnal Cos. board chairman, announced the grant Wednesday at a luncheon of USD's corporate associates on the Al la campus. P. C. 8

Lemon Grove, CA (San Diego Co.) Lemon Grove Review (Cir. W. 7,004)

Son Diego, CA (Son Diego Co.) Son Diego Union (Cir. O. 217,32-4) (Cir. S. 339,788) A . ..

JAN 3 1 1985 Jl/lm's P. c. B

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Business Up_date Sesi2ns Offerec. T~'tti'e~h series of Busi• ness UPDATE seminars Will be offered by the faculty of the Ulliversity 9f SE! Diego School o,f Business Adminis- tration beginning February 8. Sessions wi!i be held Friday mornings in the Douglas F. Manehe.ster executive confer, e11ce center. Business CPDATE breakfast seminars are ~cheduled each year to give San Diego busi- ness people an opportunity to interact with each other and lTSD faculty members ana be- come aware of recent develop- ments in the changing busi- ness environment. For costs and information, call 260-4585.

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arches and shaded walkways w.,uarr!>rk the $9 million University Center at the UnQ(_§lrsity~ Diego. University officials piafi1'c, break groCT'nd next summer for the two-story 74,500-square-foot facility, which will house non-academic activities for stu-

dents. Trepte Construction Co., construc- tion manager on the pro1ect, said Blay- lock-Willis & Associates will serve as structural engineers, Van Burren & Asso- ciates, electrical engineers, and archi- tects Mosher/Drew/Watson/Ferguson. Completion is planned in the fall of 1986.