Newspapers / The daily Tar Heel. / April 21, 1975, edition 1 / Page 3
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Haldetaao--faces trial Dismissal ruling possible Little's pretrial hearing resumes no Charlotte coiurt V 5 i United Press Intsmstionsl . CHARLOTTE - A S1J million suit involving H.R. Haldetnan and two other aides to former President Richard Nixon is scheduled to go to trial today in U.S. District Court here. The suit, filed Nov. 4, 1971, and amended several times since, was filed by 14 persons contending they were unconstitutionally barred from attending a speech by Nixon on Oct. 15, 1971 on -Billy Graham Day," an event honoring the famed evangelist. The plaintiffs, numbering 21 and each seeking $60,000 in damages, contend they were illegally excluded from the speech because , of their long hair, unconventional clothing and antiwar signs and armbands. The original defendants were the Charlotte Police Department and the U.S. Secret Service, but Haldeman, the former White House chief of staff, and Nixon aides Ronald Walker and WiUiam Henkcl have; since been added as defendants. .The White House aides alleged involvement in the incident came to light, during the Senate Watergate hearings when; John Dean, former Presidential counsel,, made public a plan that had been drafted to exclude dissenters from Presidential appearances. A memo from Walker, revealed later, indicated Haldeman approved security plans for Nixon's Charlotte appearance, emphasizing that local police and volunteers were to do the job of excluding people. Haldeman came here last summer to file a deposition in the case, but made no public comments about it. He was taunted by some of the plaintiffs as he walked to the courthouse. U.S. District Court Judge James B. McMillan has reserved two weeks for the jury trial. ! i i if H.R. Haldeman Most of today is expected to be spent in selection of a jury to hear the case. George S. Daly Jr., the chief prosecuting attorney, said it was uncertain whether - Haldeman would be present for the trial's early stages. High court to rule on death penalty byDJ.KH! United Press International WASHINGTON, N.C. The second week of a preliminary hearing on charges against Joan Little, a young black woman accused in the icepick slaving of a white jailer, begins today with the judge hopeful of ruling on a motion to dismiss the indictment against her. Defense witnesses, backing up their testimony with surveys of opinion and past juries in eastern North Carolina, argued last week that the indictment was faulty because of discrimination against blacks, women and the elderly in selecting members of the grand jury that indicted Little. The defense spent much of last week presenting arguments in the motion the first of 18 pretrial motions to be argued in the hearing. Only Friday afternoon did the prosecution begin presenting its witnesses. A number of law enforcement officials have been subpoenaed to testify for the prosecution today, and Beaufort County Superior Court Judge Henry McKinnon last week expressed hope that he could make a ruling on the motion today. He still may, though extensive cross examination of prosecution witnesses by deiense attorney Jerry Paul could delay a ruling until Tuesday. The officers subpoenaed by Special Prosecutor John Wilkinson and District Atty. William Griffin helped county jury commissioners in checking the names of prospective jurors drawn from county tax and voting registration rolls. The officers noted the names of persons they felt were unable to serve on juries. North Carolina law provides that the tax list and voter registration list plus any other lists deemed necessary by a jury commission be used to compile a jury list, Wilkinson noted last week. The Supreme Court has ruled that exclusion because of race, age or sex must not be "deliberate" or4purposeful,"hesaid. "The only ruling in question that confronts this court is whether that statute has been violated," Wilkinson said. Defense attorneys contend that less than half the blacks in Beaufort County own .property taxed by the court, and less than 50 per cent are registered voters. The lawyers contend additional lists should be used to draw a jury. Little was indicted Sept. 9, 1974. for the murder of Beaufort County jailer Clarence Alligood, 62. Little, 20, contends she was fighting off a sexual attack by the jailer. She was in jail pending appeal of a breaking and entering conviction at the time. Study Aids Bone up, chum, The time draws . near! Pick'em out now by James A. Kidney United Press International WASHINGTON The Supreme Court scheduled historic arguments today on whether capital punishment is., unconstitutionally cruel and unusual. 1 The same justices ruled, 5 to 4, in 1 972 that ' the death penalty was unconstitutional as it was then applied. Thirty-one states have since rewritten their laws, seeking to make them less arbitrary, and 219 persons are now on death row in 22 states. The test case from North Carolina was brought by the NAACP's Legal Defense Fund (LDF). It will be argued by Anthony Amsterdam, a Stanford University law professor who won the temporary victory in 1972. The LDF says it is virtually impossible to have a capital punishment law that won't be applied mostly to the poor and to minorities. Plea bargaining (where the prosecution, offers a reduced charge in return for a guilty plea), jury discretion to find a defendant guilty of a lesser crime and the rich's ability to afford a better defense work against uniform application of capital punishment, the LDF argues. North Carolina Deputy Attorney General Jean A. Benoy and U.S. Solicitor General Robert Bork will tell the justices capital punishment is an accepted deterrent to crime which should be available to the state. The North Carolina Supreme Court rewrote the state's death penalty law to make it conform to the 1972 ruling. The justices could declare that the state supreme court overstepped its authority by rewriting the law and that those sentenced to death prior to the new legislation must be allowed to live. Keep an eve E klU Yin i it i im'ivri rfi 'I'l'mji'ivriTiTmiToTi titititittt f nl DI4iso f?. 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April 21, 1975, edition 1
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