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Gilday files intent to appeal

Steve Gilday, the third-year Engineering student convicted in an open honor trial Sunday, filed his intent to appeal yesterday.

On Sunday, a jury of 10 random students found Gilday not guilty of cheating by falsifying a page of a BIOL 301 exam which he submitted for a re-grade. However, the jury found him guilty of lying to his professor, Laura Galloway.

"I don't want to talk about specifics right now, but we definitely have some very, very broad issues we're going include in our appeal," Gilday said.

Gilday said he filed a "good cause" appeal.

Good cause appeals can include incompetent counsel, issues of fundamental fairness and issues of timeliness, Honor Committee Chair David Hobbs said.

Gilday said he cited timeliness as a factor in his appeal.

"I realize the Honor Committee does their best to try to speed things along but I was asked to recall conversations that happened five months ago," he said. "Things could have been sped up ... and that could have affected the outcome."

According to Hobbs, the five months between Galloway's initiation of the charges and Sunday's trial is not unusual.

"I would say [the process can last] anywhere from two months to upwards of eight months," Hobbs said.

Gilday also said for the time being he expects to keep his original trial counsel, Nikki Cowing and Sam Leven.

This could change, according to Cowing.

"Oftentimes it helps [students] to have one of their counsel appear as a witness," Cowing said. "We may or may not continue to be counsel depending on the context of the appeal."

Hobbs said relief is rarely granted for an appeal.

"When we see something that's gone wrong we certainly make amends but because we run the process fairly tightly --usually there aren't a lot of appeals that are granted relief," Hobbs said.

Relief can mean a new investigation panel, a new trial or the dismissal of charges.

Gilday has said if he is given a new trial, those proceedings will be open as well.

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