Daily Staff Reporters
Yesterday brought the close of the plaintiff's case and the University's first witness to the stand, but not before University attorney Tim Howlett asked the court to dismiss the discrimination charges filed by three former employees of the Dental School.
"The failure of the prosecution to show burden of proof is quite evident. Therefore I move that the charges against Ms. (Linda Vachon) DeMarco and the University be dropped, your honor," Howlett said.
Washtenaw County District Court Judge Donald Shelton denied the motion.
Dawn Mitchell, Delano Isabelle and Theresa Atkins claim DeMarco, their supervisor at the time, discriminated against them in a 1995 firing.
When the proceedings continued, Shelton dismissed a juror, citing a connection between a plaintiff and the juror.
The dismissed juror had told the judge she and Atkins' husband had been co-workers 27 years ago.
"I feel compelled to excuse (juror No. 8)," Shelton said. The jury now stands at seven - six plus one alternate.
Taking the stand for the University, former Dental School employee Katherine Cardew testified that she worked with the plaintiffs at the school from September to December 1994.
Cardew said she did not like the plaintiffs because she thought they were slow and lazy on the job.
"They thought they could sit on their butts and not work," Cardew said. "I worked with three black persons before and we didn't have any problems."
On cross examination, defense attorney George Washington implied Cardew was a racist and that she set up her three black co-workers to be fired with DeMarco's help.
When Washington asked Cardew if "some of (her) best friends are black," Cardew said yes.
Former Dental School employees Emily Whorton and Wanda Gates testified on behalf of the three plaintiffs.
Whorton, who was on a 30-day temporary employment basis in December 1995, said there were discriminatory practices toward non-white employees at the Dental School.
"When I originally got the job, I noticed that temporary white employees were allowed to do less physical jobs. The distribution of work was unfair," Whorton said. "I complained to Linda (DeMarco) because I thought it was a question of black and white."
During cross-examination, Howlett asked Whorton if she had ever received counseling for making racial comments toward white employees. Whorton denied this statement but later confirmed that she had said, "I wish I was white."
Two relatives of the plaintiffs were in court today to testify on behalf of their respective family members.
Corine Hughes, Isabelle's cousin, said the suspension caused severe emotional and physical distress for Isabelle.
"He used to be a caring, very fun-loving person but after the decision he began to gain weight, wear the same outfits and keep to himself," Hughes said. "I was alarmed when I saw cuts on his arms. I could tell that this situation was very serious and he needed to get help."
While Washington argued about alterations in his clients' character, Howlett objected to the testimony claiming it violated hearsay laws but Shelton overruled his attempts.
Howlett did not question either of the plaintiffs' family members.
The plaintiffs' attorney submitted the videotaped testimony of Terrence Chung, a former student-employee and Dental School alum.
Chung said he was never questioned about the events that took place Nov. 29, 1994, when the plaintiffs allegedly left work before they were scheduled to. Atkins claims she had left early with the Isabelle's aid because of severe back pains. Mitchell maintains she never left her work area.
"Dawn had claimed she had not been feeling well. Her supervisor, Mr. Sheperd, had stepped out for a few minutes and was to return shortly after," Chung said. "Dawn said she was not feeling well and went home without punching out."
"An investigation followed soon after and I was once asked to testify but was unable to attend," he said. "They made the decision without much consideration."
Howlett brought earlier testimony by Chung that said that it was common practice for the three to leave early.
Washington contended it was the usual practice of his clients to leave work early and it was not kept secret from DeMarco.
Dental School employee Veralee Prince said she has worked for the University for 26 years and has never been "aware" employees being allowed to leave early because of a missed break.
The trial resumes today at 8 a.m.