Lawrence Journal-World 03-17-11

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KU WOMEN ADVANCE IN WNIT, PLAY SATURDAY Jayhawks defeat Wichita State Shockers 79-58 at Allen Fieldhouse Sports 1B

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THURSDAY • MARCH 17 • 2011

Senate votes to save state Arts Commission T O P E K A (AP ) — State senators on Wednesday saved the Kansas Arts Commission as a government agency, but arts advocates’ victory over Gov. Sam Brownback could prove shortlived because Republican Senate leaders who opposed the GOP governor’s plan expect him to veto its funding. The Senate voted 24-13 to reject Brownback’s plan to convert the commission into a private, nonprofit group, save the state about $575,000 annually and push for more aggressive private fundraising for arts programs. His administration still would have provided $200,000 in state funds for

the commission’s programs during the fiscal year beginning July 1 but wasn’t committing to continued funding into the future. Brownback outLEGISLATURE lined the plan in his proposed budget and issued an executive reorganization order last month, saying the change would take effect July 1. But the state constitution allows one legislative chamber to kill such an order — and the Senate did that, by adopting a resolution.

Arts advocates packed the chamber’s galleries and broke into cheers and applause when the vote was announced. They’d inundated legislators with e-mails, arguing the change would cripple arts programs and cost the state federal dollars. But Senate President Steve Morris, a Hugoton Republican who opposed Brownback’s order, said the governor warned the chamber’s leaders that he’ll use his power to veto individual budget items on the commission’s funding.

ARTS ADVOCATES FOLLOW the Senate’s debate over Gov. Sam Brownback’s plan to change the Kansas Arts Commission from a government agency into a private group Wednesday at the Statehouse in Topeka.

Please see ARTS, page 2A

AP Photo

Jayhawks migrate to Tulsa for NCAA tournament

Sales taxes keeping projects on schedule ———

Despite down economy, revenue sustaining current infrastructure improvements By Chad Lawhorn clawhorn@ljworld.com

Despite a down economy, a trio of sales taxes approved in 2008 to improve infrastructure and public transit are meeting expectations, according to a new report from Lawrence City Hall. “We’re continuing to watch it closely,” City Manager David Corliss said of sales tax collections. “We’re very much impacted by the national economy, but we’ve been fortunate that we were very conservative in how much these sales taxes would generate.”

New trial Prosecutors indicated after Fairchild declared a mistrial they would retry the case. “We truly appreciate the service of the jurors, and like them, we are disappointed that a verdict was not reached,” Douglas County District Attorney Charles Branson said in a statement. “We will review our presentation and prepare for the new trial.” A new jury will hear the case. Fairchild scheduled the retrial for Aug. 8, but he said it could occur sooner depending on his trial docket. Kerns said the defense was disappointed the jury was unable to reach a verdict in its favor, but he indicated his side would be ready

In the works The three taxes — a 0.3 percent sales tax for infrastructure, a 0.2 percent sales tax for transit operations and a 0.05 percent sales tax for transit enhancement — generated $7,332,143 in 2010. That was about 1.3 percent more than the $7.23 million than City Hall “I say, let’s sell leaders had projected when some Final Four Tthey were pitching the sales shirts.” tax proposals to voters in November 2008. The result, Corliss said, is — City Manager that city infrastructure proj- David Corliss, who ects remain on schedule. says sales tax colAmong some of the larger lections are on par projects under way or planned with projections include: and hopes they will ● A rebuilding of Kasold pick up in the near Drive from Clinton Parkway to future 31st Street. Work is under way on the project that will completely rebuild the section of street, add turn lanes, make sidewalk improvements and improve site distances. The project is scheduled to be completed by the end of the year, Corliss said. The biggest news, though, is the project has come in significantly under budget. The city had budgeted $6 million for the project, but bids came in at $4.8 million. ● A rebuilding of Iowa Street from Harvard Road to the Irving Hill Overpass. The city is using $1 million of the savings from the Kasold project to partially fund the $6 million project, which will add a center turn lane to the section of Iowa and will add turn lanes to the Bob Billings and Iowa intersection. Survey and design work already has begun on the project. Construction is expected to take place in 2012. Construction may take two seasons to complete, said public works director Chuck Soules.

Please see MISTRIAL, page 2A

Please see SALES TAX, page 4A

Richard Gwin/Journal-World Photo

KANSAS UNIVERSITY MEN’S BASKETBALL COACH BILL SELF gives a special thanks to Nancy Harmony on Wednesday afternoon as she dropped off her usual cookies for the Jayhawks, who left for Tulsa and their opening game in the NCAA tournament on Thursday. Harmony and a few other loyal fans were on hand to wish the Jayhawks well.

MORE ON MEN’S BASKETBALL IN PRINT AND ONLINE ● Tyrel Reed’s prep career filled with fond memories, admiration. Page 1B ● Jayhawks arrive in Tulsa for tournament. Page 1B ● Video and photo galleries. KUSports.com

Hung jury leads to mistrial in murder case By George Diepenbrock gdiepenbrock@ljworld.com

A Douglas County judge declared a mistrial Wednesday morning in the first-degree murder trial of Durrell Jones after jurors were unable to reach a verdict. “To me there’s just not enough evidence to prove that he’s guilty,” juror Brenda Davis said as she left the judicial building. After four days of testimony last week, prosecutors said the evidence pointed to Jones, 26, of Kansas City, Kan., shooting and killing Anthony Vital, 28, on Oct. 14, 2006, in rural Lawrence. Prosecutors say Jones wanted to collect on a drug debt. But Jones’ defense attorney John Kerns argued the state’s key witness, Major C. Edwards Jr., a

co-defendant who pleaded guilty to voluntary manslaughter in the case, was not credible. Davis said she thought Jones was not guilty and only Jones two jurors in the end believed he was guilty. “We need more evidence,” she said. “A lot of the jury thinks he is not guilty.” The jury of 11 women and one man had deliberated for more than 18 hours since it got the case Friday afternoon. Tuesday afternoon Chief District Judge Robert Fairchild had called the jury into his courtroom to ask their progress in the

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case. The presiding juror said at one point members thought they were at a stalemate but they decided to review every piece of submitted evidence and testimony. “There is movement, and continued deliberation might be helpful,” the presiding juror said Tuesday. “I would say that it would be a disservice to this process if we did not continue.” Jurors had the option of convicting Jones of premeditated first-degree murder, intentional second-degree murder or finding him not guilty in the case. But they were unable to reach a unanimous verdict. Family members of both Jones and Vital declined to comment Wednesday morning. Jones remains in custody awaiting the new trial.

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