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Churchill attorney says client will sue
Lane: It's now just a question of when By Sara Burnett, Rocky Mountain News The question now isn't whether Ward Churchill will sue the University of Colorado, but rather when the lawsuit will be filed, Churchill's attorney said Thursday. "We technically could file it right now, but we'll wait," attorney David Lane said. "When they fire him, we'll file." On Tuesday, an investigative committee released a 125-page report accusing the CU ethnic studies professor of fabricating material, plagiarism and other types of research misconduct. One member recommended that he be fired. The other four suggested a suspension of either two or five years without pay. The final decision, expected in mid-June, will be made by Provost Susan Avery and Dean of the College of Arts and Sciences Todd Gleeson. Churchill and Lane believe CU leaders made up their minds months ago to get rid of him because of his widely publicized essay about the Sept. 11 terrorist attacks. In it, Churchill wrote that victims in the Pentagon were "military targets" and compared some who died in the World Trade Center to Nazi Adolf Eichmann. Churchill's lawsuit would accuse CU of unlawful retaliation for protected free speech, Lane said. Churchill has two weeks to file a response to the investigative committee's report, but Lane said Thursday it's unlikely he'll do so. "What's the point?" he said. "It seems like another waste of time." Last year, Churchill filed a 50-page response to allegations of research misconduct. The report didn't seem to have any impact, Lane said. He also criticized the five-member investigative committee, saying it "fell into the Galileo trap," a reference to the astronomer and physicist persecuted in the 17th century for promoting the theory - considered heresy by the Catholic Church - that the sun, not the Earth, was the center of the universe. Mimi Wesson, the CU law professor who served as chairwoman of the five-member investigative committee, said Tuesday the panel was not influenced by CU officials. In its report, the committee also stated that Churchill's 9/11 essay was protected by the First and Fourteenth amendments, and that it played "absolutely no role in its deliberations." CU officials declined to comment on the possibility of a lawsuit filed by Churchill. burnetts@RockyMountainNews.com or 303-892-5343 Copyright 2006, Rocky Mountain News. All Rights Reserved. |