Wednesday, September 01, 1999
Jury works on case of fliers
Ex-Miami students accused of hoax
BY STEVE KEMME
The Cincinnati Enquirer
OXFORD — A jury failed to reach a verdict Tuesday in the case involving two black former Miami University students accused of posting racist and anti-gay fliers on campus as a hoax.
Butler County Area I Court Judge Rob Lyons sent jurors home at 9 p.m. after five hours of deliberations. They will resume this morning.
Nathaniel Snow and Brad M. Allen are charged with criminal mischief and criminal trespassing. Their trial has lasted six days. If convicted, each could be sentenced to 90 days in jail and fined $750.
They are accused of illegally entering Miami's Center for Black Culture and Learning after it closed at 5:30 p.m. Oct. 30 and posting 55 fliers and typing racist messages on four computer screens.
The incident sparked a Nov. 10 public protest by 100 students during which they joined arms and blocked traffic at U.S. 27 and Ohio 73.
Mr. Snow, who was president of the Black Student Action Association, and Mr. Allen, who participated in the Nov. 10 protest, withdrew from Miami on Jan. 20, after university officials confronted them with evidence.
Mr. Snow, 22, of College Hill, was a senior at Miami with a major in English education and black world studies. He said he attends the College of Mount St. Joseph part time and works as a bus driver and dispatcher for the Metro system.
Mr. Allen, 22, of suburban Cleveland, was a senior at Miami majoring in chemical engineering. He said he works as a secretary at John Carroll University and plans to start classes there in the spring.
Judge Lyons instructed the eight jurors before they began deliberating that they could not consider the fliers' messages in determining guilt.
The prosecution presented evidence during the trial showing that the fingerprints of Mr. Snow or Mr. Allen were found on 44 of the 55 fliers. The fliers contained two unidentified fingerprints.
Defense attorneys Kenneth Lawson and Jay Clark contended that the fingerprints don't prove that their clients posted the fliers.
Even if they did post them, the First Amendment protects their right to do so, Mr. Lawson said in closing arguments Tuesday.
“This was politically motivated,” Mr. Lawson said. “The university was caught up in how this would make them look. Miami students have a right to free speech.”
The defense attorneys implied during the trial that Syd Carthell, Miami's assistant director of affirmative action for minority affairs, may have posted the fliers. Mr. Carthell testified he discovered the fliers at 8 p.m. Oct. 30, when he returned to the center to retrieve concert tickets.
Mr. Carthell denied in court that he posted the fliers.
Prosecutor: Sheriff broke law when he sued Democratic Party
Thousands gather for vision of Mary
Ballpark job complex
Mary Love's killer could get death penalty
Death of infant begs for answers
Executive shot by son expected to recover fully
New rules on car seats begin today
A new tool in the search for breast cancer
Jury works on case of fliers
Second woman sues over employee dunking
Street succumbing to retail sprawl
Two CPS schools reborn
Annual luncheon celebrates survivors
Boutique caters to all women's health
Orange barrels demand a polka
T-shirt launches Tall Stacks poster
Art museum director plans outreach
Cincinnati's Century of Change
GET TO IT
Tristate scene: Gravelrama in Cleves
Summer promos can predict network bombs
Assault charge violated rights, suit says
Beiting steps down as chairman
Bicycle lanes to open in township
Cell-phone calls credited with limiting fire damage Fire damages antiques shop
Centenarian still raring to go
Comments sought on Ky. 16 plans
County leans on insurer to pay man for wreck
Discipline urged against officer
Farm too small for inquiry in death
Fluor Daniel must submit bid to finish Fernald cleanup
Laurel Homes residents fear displacement
Ludlow mayor won't back down
Man accused of kidnapping ex-wife
Northwest retiree takes post at Badin
Norwood man charged after traffic death
Pesticide found in garbage truck
Rose's ex-bookie accused of roughing up Springboro officer
Teller shot, wounded in West Carrollton bank robbery
Trenton school upgrades begin
TRISTATE DIGEST
United Way goal for N.Ky.: $3.5M
Ways to lessen airport noise being studied
