By Ericka M. Smith
Daily Staff Reporter
Attorneys' closing arguments yesterday marked the beginning of jury deliberations in a discrimination civil suit against the University and Dental School supervisor Linda Vachon DeMarco.
Three black former employees - Delano Isabelle, Theresa Atkins and Dawn Mitchelle - claim racial motives were behind their 1995 termination.
University attorney Tim Howlett stood before the court to contest the charges saying that the three workers were suspended for time-card forgery.
"There's no indication that race was a factor in those decisions," Howlett said.
Early in the day, Washtenaw County District Court Judge Donald Shelton excused an alternate juror, leaving six members to deliberate.
Howlett began his opening statement with a word of caution and advice to aid the jurors as they went into deliberation.
"I want to remind you that no matter how troubled you are about (other witnesses' testimony), they're not on trial today," Howlett said. "They're not supervisors and they're not being sued."
While Howlett told jurors only to consider the facts in the case, plaintiff attorney George Washington said they were making a decision for all of humanity.
"You have been called upon ... to protect us all from the kind of conduct which happened in this case," Washington said.
Just before closing arguments began, members of the National Women's Rights Organization Coalition marched in front of the courthouse chanting, "Dental School three under attack, racist U of M, we'll fight back."
Howlett told the jury that the plaintiffs failed to prove DeMarco was guilty of discrimination. He said his client did everything in her power to make working conditions better while the three were employed at the Dental School.
"In short, there is no evidence that Ms. DeMarco did anything to racially discriminate in this case," Howlett said. "She addressed every concern."
In closing the case, Washington said his clients were entitled to at least $500,000 in damages for pain and suffering, as well as back pay.
"If they can do that to these three people on these facts and on this evidence, then who (among us) is safe?" Washington asked.
Howlett said the only people guilty in this case were the plaintiffs for leaving work early, which is what the University contends led to their initial firing.
"The only evidence whatsoever that there was a policy to leave early is from the plaintiffs," he said. "(And leaving early was done) without permission."
As jury members went into deliberations Shelton advised them of civil rights laws and their duties as jurors.
"It is your duty to determine the facts from the evidence (presented) here in open court," he said. "Sympathy must not influence your decision."
Jurors deliberated for more than four hours yesterday without reaching a verdict. Deliberation proceeding will resume today at 9 a.m.