Columnist: Camcorders are I :< T H E K E N T U C K Y 1 smaller, better than ever rn Page 3 e e 0&A.UK administrator talks if Celebrating 33 years of independence construction,MamBurlding Tbesday October 19, 2004 www. kylternel. com newsroom: 257-1915 First issue free Subsequent issues 25 cents. Page 4 Attorney general: Police must release victims' names By Adam Sichlto mi KENTUCKY mm The UK Police Depart- ment has no legal basis for blacking out crime victims’ information on its incident reports and must stop the practice. the state attorney general‘s office ruled Friday. At the beginning of the school year. UK Police adopt- ed a policy that gave crime victims the chance to check a box on police reports, telling police to withhold their per- sonal information from the public. The Kernel challenged that this new policy violated Kentucky open records laws. The UK Police Depart- ment based its argument on a state statute that says public records can be withheld when they contain “information of a personal nature where the public disclosure thereof would constitute a clearly un- warranted invasion of per- sonal privacy" The department also used another state law that enables institutions to deny open records requests if the re- lease of the information would hinder ongoing police investigations or proceedings. But the state attorney gen- eral‘s office found that UK failed to meet its burden of proof. “UKPD has not described in any harm to it or its inves- tigation that would result from disclosure of the inci- dent report." said the opin- ion. signed by Assistant At- torney General Amye Bensenhaver. “Not even a bare claim is made in this re- gard. Nor has UKPD attempt- dto justify with specificity the refusal of inspection of these records." Barbara Jones. UK‘s gen- eral legal counsel and the au- thor of UK's opinion to the at- torney general. did not return phone calls to her office. When reached at home yes- terday night. Jones said she hadn't seen the ruling and de clined to comment. UK Police Chief Fred Otto also hadn‘t seen the ruling as of last night. “I‘ll make that the first or- der of business in the morn- ing‘ ‘()ttosaid. “But Barbara Jones is probably the one to go to first before coming to me." .lon Fleischaker, the Ker- nel's attorney and general counsel to the Kentucky Press Association. said he is pleased with the ruling for two reasons. "No. i. it is exactly the right decision. and it's in line with a number of other deci~ sions throughout the years." he said. “UK counsel‘s efforts were to change the law. not implement the law. 'And No.2 it in fact the decision had been otherwise. it would have been a major unwarranted change in what the law is." he said. "i trust that UK will go back to appro- priate policy" The attorney general ruled that the UK Police De partmeiit must. by law. re lease all of the information on its reports in this case be- cause it failed to show a "heightened privacy interest“ that overrides the public's “le- See Opinion on page 2 At dusk Friday, a horse in a farm near the Keeneland Race Course grazes. Keeneland is open Wednesday through Sun- day through Oct. 30. Special events for this week- end include: ' Thursday - Charity of the Day: McConnell Springs. McConnell Springs is a natural area and historic site, where according to regional lore, Lexington was founded and named. Following the races, the Friends of McConnell Springs will have a Bluegrass barbeque buffet and silent auction in the Keeneland Entertainment Center. For ticket information, contact Betty Barton at 255-1757. ' Sunday - Keeneland Wall Calendar Giveaway. The first 5,000 patrons to Keeneland get a voucher for a Keeneland Wall Calendar. Vouchers may be redeemed between 2:30 pm. and 5:30 pm. at the calendar redemp- tion table located trackside on the first floor of the grand- stand behind Elevator C. For more information, contact marketing®keenelandcom (Source: wwwkeenelandcom) t mm run | STAFF THE CALM BEFORE THE STORM '4- Afghan election still undecided a week later By Paul Watson LOS ANGELES TIMES KABUI.. Afghanistan Interim President Hamid Karzai held a strong lead in the ballot count Monday as allegations of fraud continued more than a week after the Afghan elec- tion. With an estimated 21 percent of ballots counted. Karzai had 61 percent of the vote. according to the U.N.-Afghan group that or- ganized the Oct. 9 election. His main rival. Yunis Qanooni. had almost 19 percent. Abdul Rashid Dos- tum. an ethnic Uzbek war- lord. was riiniiing third in a field of 16 presidential candidates with a little more than 8 percent. After briefing a UN. of ficial Monday about a long list of alleged irregulari- ties. Qanooni said there were more problems with the balloting than he had first thought. “Unfortunately. our friends working in the. gov- ernment are trying to make these big problems seem very small." Qanooni said in an interview. “But in reality fraud is preplanned." The election was large ly peaceful despite threats from Taliban militants and their allies to kill voters and attack polling stations. But in the days since the polls closed and a mas- sive security operation ended. violence has mount ed again. On Monday. an election worker and four other Afghans were killed when a blast struck the truck in which they were riding in Paktika province. the U.S.»led forces have been battling insurgents in that southeastern region. which borders Pakistan. The explosion occurred around 8 am. on a road southwest of Sharan. the provincial capital. said Sultan Bahcen. spokesman for the Joint Electoral Management Body. Based on initial re- ports. U.N. spokesman Ma- noel dc Alineda e Silva said it was not clear whether the election vehi- cle had been targeted. ‘ T h e a r c a where this incident happened is known for mines and im- proviscd explosive devices." he said. " A n d we don‘t k ti o w which cx- plosive dc- vicc hit the vehicle " The list of 1&8 com plaints that Qanooiii pre- sented to the L'nited Na tions included claims of multiple voting and ballot stuffing. as well as charges that voter identity cards were handed out in some areas on election day. on derage Afghans were al lowed to cast ballots. and monitors were beaten and jailed. Qaiiooni said his cani paign‘s monitors saw at least seven ballot boxes set aside in the Kabul count ing station because of “technical problems.” such as broken seals. But when monitors re But in the days since the polls closed and a massive security operation ended, violence has mounted again. turned later. the boxes had disappeared. he told the United Nations. On election day. a poll worker in Kabul handed a voter a ballot and told him to check the box beside Karzai's picture. Qanooni reported. adding that the voter replied: “Look tip. 1 am Mr. Said Abdul Hadi Dabir. one of the candiv dates?" “They should not have called this a real election." Qanooiii told the l'N. offi- cial. " F o r - eigii couir tries just s it o u l d have an nounced. ‘We want President Karxaif i would have respected that," Italicen iolti l‘t‘- porters that any- one with complaints could fill out a form amt have them iiives tigated by the Joint Elec» toral Management llody Election officials esti~ mate that at least 8 million ballots were cast. out of more than ltl million regis- tered voters. Several thousand peo» ple are believed to have registered more than once. To prevent multiple voting. election officials were supposed to mark vot- crs' thumbs with indelible ink, But many voters were able to rub off the mark. prompting all if» candi- dates riiniiing against Karzai to announce a boy- cott before the polls closed. When US. Ambassador Zalmay Khalilzad inter- vened. Qanooni and other major candidates agreed to accept an investigation by a three-member panel of UN. election experts to re- solve the disputes. But foreign experts are investigating complaints of election-day irregularities only. Qanooni said Monday. adding that many serious problems had occurred since then as ballot boxes were moved to the eight counting centers. often without monitors. and as the ballots were being tab~ ulated. Karzai would need more than .30 percent of the votes to avoid a rtinoff. He also wants a strong mandate so that he can counter the power of war lords and disarm their militias. He is leading in half the country's :l-i provinces. while Qaiiooiii and Dostum are each leading in five provinces that form their Taiik and l'7bek ethnic bases Mohammcd Mohaqiu. an ethnic Haxara leader. is leading in two provinces. The remaining five provinces have yet to re- port any results. Old-guard warlords such as Dostum and Mo- haqiq may use a strong showing in their home re- gions to press for a share of power as members of the (,‘abinct. something Karzai has said he wants to avoid as he tries to build a government based on merit rather than political horse-trading. A hundred gather for ‘Fahrenheit 9/11' Film shown free yesterday at Cats' Den (\ther By Dariush Shata THE KENTUCKY KERNEL When (‘ats Den ('oordina- tor Leslie Hollei‘man made arrangements to bring “Fahrenheit 9 ll" in to be shown on the prtilt‘t‘iloll screen. he only expected about 60 people or so to H lillt‘ Last night. more than l3o people turned out for Ilio showing of the controvcixial documentary "i really didn't expect illl~ many. to tell you the truth." said Hollermaii. an integrated strategic communication so nior “This is overwhelming I‘m happy about it " He said he brought the film. the highest-grossing doc umentanf ever. because he felt it was an important piece of information for this election season. “l‘m not trying to create any bias. l'ni just trying to get the information out there." he said. Hollcrnian said that he didn't believe that the film would encourage people to vote either way to a large de- gree. "I don't necessarily think it's going to skew the vote one way or another.” he said “i (just) think more people are going to get out and vote be. cause of it." Though the film has been touted for its political lean- ings. some students said that they wenen t there specifically for the politics of it. “The reason (I came) is that this film is very famous." said Asel Naskeyeva. an inter- national relations scholar fmm Kyrgyzstan. students said that they believed the film woisld carry a significant amount of weight politically “l'vc heard that :lliyollt' who watches this tends not to like Bush no matter what po- litical party they belong to.‘ said psychology sophomore Allison Sopp l’olitical scienccprotcsst1' Stephen \‘oss \tilfi that the tilni was sigiiiticaiit because of the widespread release and reaction to the film. “It; .1 record breaking docimicniarx which has tired tip lllt‘ left and angered the right so it seems llkt‘ a good tilm to see." he said "Part of a good odiication is knowing what all the hype is about.” “line \‘oss said that the film would likely not have a signilicant effect on voters lit' did say that it could be a fac tor in who wins the election “i think it will whip tip (the Kt‘i'l’V voters) and niotie vatc them." he \Jllll. "Rut ma close election. that can make the (lll‘l‘ci‘t‘iit‘e " Email dshafh u Agvkcrnclmm "Fahrenheit 9/11" - Opened in 900 million theaters across the na tion. making it the largest documentary re- lease ever a Set record earnings with over Sim million in first month. $2? million in first weekend more than $200 million world- wide