AHS netters sweep D4 opener: Page 3

VOLUME 53 — NUMBER 226 © 2007 APRIL 13, 2007 Published Sunday, Tuesday Through Friday PRICE: Daily 50c — Sunday $1.00

Pastors share their thoughts: Page 10


By SUSAN J. SMITH Daily Press Staff Writer Seeing is believing in Cheto Moreno’s Street Law Class at Artesia High School. When School Resource Officer Humberto Flores entered the classroom on Thursday, he arrested a student for an outstanding warrant and made sure the other students knew exactly why he was making the arrest. “I have a warrant for your arrest for possession of a controlled substance,” he said, to the astonishment of the classroom. The mock arrest was made in each of Moreno’s six classes and each student was preselected. The objective of the arrest was to teach students how to identify legal protections for defendants, procedures used by police during the arrest process and to identify constitutional protections for individuals on trial, said Moreno. When Flores arrested Justin Kennedy in fifth period, he read the teen his rights. However, according to the resource officer, Miranda rights do not have to be read when someone is arrested, only when an officer is asking questions.

Lessons in law enforcement Duke players consider suit
RALEIGH, N.C. (AP) — Lawyers for three former Duke lacrosse players are considering suing the district attorney who pursued rape and sexual assault charges against the three men, who were declared innocent this week by the state attorney general. Durham County District Attorney Mike Nifongs issued a carefully worded apology to the players on Thursday, but it may not have been enough to prevent a lawsuit. So far, attorneys for David Evans, Reade Seligmann and Collin Finnerty have not said whether they plan a civil action against Nifong, but they have not ruled it out. Prosecutors generally have immunity for what they do inside the courtroom, but experts said that protection probably doesn’t cover some of Nifong’s more questionable actions in his handling of the case — such as calling the lacrosse players “a bunch of hooligans” in one of several interviews deemed unethical by the state bar. “I think their chances of success suing Mr. Nifong are reasonably good, despite what we call prosecutorial immunity,” said John Banzhaf, a professor at the George Washington University School of Law. North Carolina Attorney General Roy Cooper threw out the case against the three young men on Wednesday, pronounced them innocent and delivered a withering attack on Nifong, portraying him as a “rogue” prosecutor guilty of “overreaching.” Cooper said Nifong rushed the case, failed to verify the accuser’s allegations and pressed on despite the warning signs. In his first comment on that decision, Nifong said in a statement Thursday: “To the extent that I made judgments that ultimately proved to be incorrect, I apologize to the three students that were wrongly accused.” He issued what appeared to be a plea to the students not to take any further action, saying “It is my sincere desire that the actions of Attorney General Cooper will serve to remedy any remaining injury that has resulted from these cases.” Seligmann’s attorney, Jim Cooney, said he would be advising his client’s family of all of their legal options. “But nobody is racing to file any kind of a lawsuit at this point,” he said. Separately, the North Carolina bar charged Nifong months ago with several violations of professional conduct that could lead to his disbarment. The case is set for trial before a bar committee in June. Among other things, the bar said Nifong made misleading and inflammatory comments about the athletes, even before they were charged.

Many of the students believed the arrest was a “setup” but still participated when Moreno asked the class if the student’s rights had been violated when the officer made the arrest so publicly. “Do you think there is a lawsuit here? Why didn’t the officer call him to the office to

School Resource Officer Humberto Flores “arrests” Justin Kennedy in Cheto Moreno’s Street Law Class on Thursday. As an introduction to the chapter on arrest, Moreno and Flores staged Kennedy’s mock arrest, and other mock arrests in each class period. The students were pre-selected and parents agreed to the simulation. make the arrest?” he said. Students answered differently, still not understanding what had just happened. Although students were confused, they soon learned about the mock arrest, and the officer and student returned to the class. Moreno introduced Flores to the students and the rest of the class time was spent with questions and answers. Students were surprised to learn about Miranda rights and that officers did not have to immediately tell a person why they are being arrested. The Street Law class is studying the criminal process of arrest and will continue their learning experience next week with a mock trial. Other students involved in the mock arrests throughout the day were Shelby Menefee, Latosha Fugate, Lansden Hewett and Stephen Catano.

Probe continues in firing of federal prosecutors
WASHINGTON (AP) — Karl Rove’s lawyer today dismissed the notion that President Bush’s chief political adviser intentionally deleted his own emails from a Republican-sponsored server, saying Rove believed the communications were being preserved in accordance with the law. The issue arose because the White House and Republican National Committee have said they may have lost e-mails from Rove and other administration officials. Democratically chaired congressional committees want those e-mails for their probe of the firings of eight federal prosecutors. “His understanding starting very, very early in the administration was that those e-mails were being archived,” Rove’s attorney, Robert Luskin, said. The prosecutor probing the Valerie Plame spy case saw and copied all of Rove’s e-mails from his various accounts after searching Rove’s laptop, his home computer, and the handheld computer devices he used for both the White House and Republican National Committee, Luskin said. The prosecutor, Patrick Fitzgerald, subpoenaed the emails from the White House, the RNC and Bush’s re-election campaign, he added. “There’s never been any suggestion that Fitzgerald had anything less than a complete record,” Luskin said. Any e-mails Rove deleted were the type of routine deletions people make to keep their inboxes orderly, Luskin said. He said Rove had no idea the emails were being deleted from the server, a central computer that managed the e-mail. On Thursday, one Democratic committee chairman said his understanding was that the RNC believed Rove might have been deleting his e-mails and in 2005 took action to preserve them in accordance with the law and pending legal action. The mystery of the missing e-mails is just one part of a furor over the firings of eight federal prosecutors that has threatened Attorney General Alberto Gonzales’ job and thrown his Justice Department into turmoil. For now, Bush is standing by his longtime friend from Texas, who has spent weeks huddled in his fifth-floor conference room at the Justice Department preparing to tell his story to the Senate Judiciary Committee on Tuesday. New documents released today by the Justice Department may shed additional light, but their release prompted Gonzales’ one-time chief of staff, Kyle Sampson, to postpone a closed-door interview with congressional investigators. The missing e-mails posed some of the weightiest questions of a sprawling political and legal conflict between the Bush administration and Democrats in Congress. Democrats are questioning whether any White House officials purposely sent e-mails about official business on the RNC server to avoid scrutiny.
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Daily Roundup Forecast
Tonight increasing clouds. Windy, colder. Lows in the upper 30s. Northwest winds 20 to 30 mph. Saturday sunny. Highs in the mid 60s. Northwest winds 10 to 20 mph.

White House officials say they can’t rule that out, but that the administration is making an honest and aggressive effort to recover anything that was lost. “We have no indications that there was improper intent when using these RNC e-mails,” spokeswoman Dana Perino said. Luskin said Rove didn’t know that deleting e-mails from his RNC inbox also deleted them from the RNC’s server. That system was changed in 2005. Rove voluntarily allowed investigators in the Plame case to review his laptop and copy the entire hard drive, from which investigators could have recovered even deleted e-mails, Luskin said. As the investigation was winding down, Luskin said, prosecutors came to his office and reviewed all the documents he had collected to be sure both sides had a complete set. Luskin said he has not heard from Fitzgerald’s office and said that if Fitzgerald believed any e-mails were destroyed, he would have called. Fitzgerald’s office declined comment. The White House did not immediately respond to

Luskin’s comments. A lawyer for the RNC told congressional investigators that the RNC may be able to recover some of those e-mails sent from August 2004 on. That’s when the RNC put a hold on an automatic purge policy. The RNC lawyer, Rob Kelner, also said that the Republican committee has none of Rove’s e-mails on its server prior to 2005, possibly because Rove deleted them, according to House Oversight and Government Reform Chairman Henry Waxman, DCalif. Sometime in 2005, the RNC took action solely to prevent Rove from deleting his e-mails on that server. One reason for specifying Rove, Waxman said, appears to have been pending legal action against him. It was unclear, Waxman said, whether the RNC had or would be able to recover e-mails written by any White House officials, including Rove, and sent on the committee’s account. The White House and RNC said they are taking action to recover as many lost e-mails as

possible. Some 50 past and current White House aides had the RNC accounts, according to the administration, to avoid using government resources to conduct political business. The White House was also confronted with unrelated questions about the possible loss of e-mails from aides’ government accounts. Perino said she could not rule out that millions of White House e-mails could have been lost when staffers’ accounts were converted over to Microsoft Outlook from Lotus Notes. It was a rolling process that took place in the first couple of years of the administration, she said. “I wouldn’t rule out that there were a potential 5 million emails lost,” she said. “There was no intent to have lost them.” “Ageless Success Program” Saturday, April 14 at 2 pm
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Weather Report
By The Associated Press New Mexico should have warmer, tranquil weather Saturday as high pressure builds over the state, the National Weather Service said. But another spring storm should head to New Mexico early next week. A spring storm brought snow, wind and rain to the state today. The weather service posted storm warnings for winter-like weather until 6 p.m. today for the Sangre de Cristo Mountains and until midnight for the northeastern highlands and plains. The New Mexico State University Ag Science Center south of Artesia reported the high Thursday was 84 degrees, while the 24-hour low reached 40. It was 49 degrees at 7 a.m. today. One year ago today the high was 89, the low was 49. The minimum 4-inch soil temperature is 54 degrees. The 10-day average is 52.8 degrees.

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Send resume to: Artesia Daily Press, P.O. Box 190, Artesia, NM 88211-0190