| Show Ogden Suspect Reverses Plea I Denies Murder of Officer Special to The Telegram j OGDEN March 6 Formally 6 again fore Judge Lewis V. V True Trueman an on a first degree murder count in ord order r to clear the record of any possible error Walter Robert Avery San Francisco convict ex-convict again rever reversed d himself and pleaded not guilty Trial of AVery Aery was set for tor Tuesday Tuesday Tuesday Tues Tues- day at 10 a. a m. m Purpose of ot the changed plea as announced by the court-appointed court defense defens attorney Richard J. J Lathrop Lathrop Lathrop La- La was not to delay the case but because the defendant was under a misapprehension as to the results of his former plea pica Just what the nature of the misapprehension was vas Mr Lathrop Lathrop La La- did not explain However conflicting opinions of minds legal as to whether a d defendant de do- fondant charged with a 1 crime for which capital punishment may be imposed may plead his life away i was believed to be the motive e for forthe forthe forthe the change Avery ery has expressed a desire to to officers and others a number of times to face tace the firing squad and get it over with preferring such expiation for his crime to life imprisonment imprisonment imprisonment im im- im- im at hard labor I Some attorneys looking over o a R I transcript of Mondays Monday's court r record roe rec c cord ord when Avery admitted guilt I contended he had not made a 8 formal for for- mid mal plea of guilt as required by statute Mr Avery b began sat the court h c mn r Four P OGDEN SUSPECT 1 DENIES SLAYING Continued from Vom om Pas Pane One when the defendant was brought before the bar of justice Thursday morning under our system of legal procedure it is necessary that the defendant be present in m court and enter a plea to the charge against him In person I am asking asking ask- ask ing ng you at this time if it is your desire to enter your plea Told of Status It is your honor the lean dark ark accused killer of Police Detective De- De Hoyt I. I L. L Gates replied Your honor interrupted Mr Lathrop before he does docs so plead may I speak with him privately in order to inform him fully of his status tatus under the law Acquiescing the court ordered Deputy Sherif Gaylord Taylor and Captain of Ogden Police Detectives Detectives Detec- Detec tives ives Dewey Hawkins stationed at two wo doors to Judge Truman's Truman s chambers and Bailiff Joseph Weston Weston Wes- Wes ton on at a third exit then permitted Mr Lathrop and his client to go gonto into nto the chamber room privately After 20 minutes of consultation they hey returned to the courtroom and the he unexpected session was re- re umed Mr Avery I explained to you the he purpose of this hearing this morning Is it still your desire tomake tomake to tomal mal make e your plea at this time asked the court It is is your honor the prisoner replied as he stood calmly before the he bench with his hands folded behind him Turning to Albern M M. Allen Alien clerk of the court Judge Trueman proceeded I I think the defendant should be formally arraigned again Will you please read the information Pleads Not Guilty The full fun information alleging Avery fatally shot Det Detective Gates when he walked into the Safeway way store at Twenty-fourth Twenty street t unexpectedly the night of February February February ary 11 during an atte attempted robbery robbery robery rob- rob bery ery was wa then read Walter Robert Avery you have heard the information What is your plea was the formal question question ques- ques tion ion of the court Then came the unexpected re reversal reversal re- re versal of the defendant re-I re J Not guilty your honor Avery very had entered his plea of guilty Monday against the advice of his attorney |
