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Dismissal ruling possible
Little's pretrial hearing resumes
no Charlotte coiurt
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
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
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
U.S. District Court Judge James B.
McMillan has reserved two weeks for the
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
High court to rule on death penalty
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
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
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.
Bone up, chum,
The time draws .
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
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
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