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Show For la K It-j.- unlv;r'.lty i ut f ealt LkeCity, tiiUZ W--" -- CNIYERSriY OF UTAH LIBRARIES JUL 051973 ORDER OEEty j pSJAU I ! f i .i.i Sil VOLUME 17) NUMBER 125 By Minor FRAUDULENT USE OF CREDIT CARD AFFIRMED Defendant counsel : Brian M. Barnard S. L. County Bar Legal Service SeTdetails page 4. Houston. Leibowitz Chair Established Cornell Law At major innovation in legal education was initiated Saturday at the Cornell University Law School with establishment of the Samuel S. Leibowitz Professorship of Trial Techniques. The new chair is named for Samuel S. Leibowitz, retired judge of the Kings County Court in Brooklyn. Regarded as one of the most eminent criminal lawyers in U.S. legal history, he was graduated with honor from Cornell Law School in 1915. The Leibowitz chair will be part of a program of intensive instruction in trial techniques at the Cornell Law School, according to Roger C. of the law Cramton, dean-eleschool, who made the announcement ct Legal Red Tape Defeats Summer Lemonade Truck SAN FRANCISCO (UPI)-Teen-- ager Pam Sylke thought it would be an easy way to earn some money for lemonade school: sell from the back of a truck. who recently Then the moved here from West Allis, Wis., called city hall to ask about a pered mit. catering operation, she was told, requires a $7,500 city, permit. We dont have $7,500, Pam and two teen-age- d friends, who planned to join her venture, said in a letter to Supervisor John L. Molinari. All we want to do is work, aid $7,500 to sell lemonade seems ridiculous. Molinari suggested an alternative a $48 peddlers license. But before she can get it, Pam has to pay $6 for police fingerprinting, must canvass merchants along her planned route to see if they object, have police investigate the route, and submit to a public hearing. Im kind of disgusted with all this stuff," complained Pam, but I feel I have to go through it for other A mobile kids. She admitted she had considered just ignoring the city regulations. I didnt think theyd come out and arrtst a girl for . .but stand. setting up a lemonade you never know, she commented. Indicted were Robert A. Mann, chairman of the board and chief 'TUESDAY, JULY 3, 1973 executive officer of the First' through Horadam to borrow National Bank of Waco, and the Bank of the Southwest in Houston. Mann is also chairman of the Finance Commission of the state of Taxas, which has supervisory authority over banking institutions in Texas. Named as an iinindicted was Weyman W. seniorvice president of Horadam, the Bank of Southwest. Indictment charged that, as part of die conspiracy, Mann arranged. . - I at the annual luncheon meeting of the Cornell Law Association. Judge Leibowitz stated that his lifetime in the courtroom provided vivid demonstration of the need for better law school training in trial techniques. The new chair is being funded fay a series of present and future gifts from Judge Leibowitz. Cramton said the new program will include classroom instruction and simulated . i UTAH WASHINGTON (ACCN)- -A federal grand, jury indictment, has charged a Waco, Texas, bank president and a Houston bank with conspiring to misapply $4 million in funds to the Waco bank as part of a scheme to gain control of that bank. Atty. Gen. Elliot L. Richardson said a singlecount indictment was returned sealed, June 18, and unsealed today in U.S.District Court in BY HIGH COURT ITHACA, N.Y. (ACCN)- -A LUt Clir, i Indict Texas Agency Head In Bank Scheme Utah Supreme Court Decision Plaintiff counsel : Vernon B. Romney , David L. Wilkinson William C. Evans i demonstrations which will be integrated with clinical work involving actual courtroom experience. Initial steps have already been taken, he said, in developing the program which will be integrated into the current curriculum. Cramton said it is expected that it will be sometime before a person of the proper background to fill the new professorship can be found. Leibowitz said, I was heartsick nearly every day of my 29 years on the bench at the inexperience and incompetence of many of the attorneys who appeared before me. Too often an indigent defendant was deprived of his rights because he was saddled with an attorney who didnt have the foggiest notion of how to build or present a case. To assign an inexperienced youngster to defend a man faced with serious charges is as absurd and cruel as it would be to assign a brand new medical school graduate to operate on the brain of a penniless charity patient. It is likewise distressing to see an incompetent prosecutor muddle up his case and allow a guilty, dangerous criminal to walk out of the courtroom and laugh up his sleeve at justice." In the 22 years, before assuming the bench in 1941, Judge Leibowitz defended more than 100 clients charged with murder losing but one to the electric chair. In the 1930s he gained international fame for saving nine Negro defendants from the death sentence in the Scottsboro case. He presided over Kings County Court and the New York State Supreme Court, among the busiest major criminal courts in the U.S., until his retirement in 1970. Leibowitz said he believes that law on trial school emphasis decline can the reverse techniques of courtroom advocacy. The law schools make no serious attempt to teach the student how to gather the necessary facts in the preparation of a case for trial or how to present those facts to a jury in a persuasive manner. . . Perrymasonitis: A Malady-- So Most Dangerous Beware e, mid-1950- s. CBS-N'elwo- st Young Newarker 1st New fersey ' U.S. Defender- - NEWARK, N.J. (ACCN) Roger Newark Lowenstein, a been chosen by the attorney, has U.S. Judicial Council of the Third Circuit to be the first headof the We g, volvement to $4 million. In exchange for the three percent loan, Mann caused the First National Bank of Waco to transfer $4 million into a bearing account in the Bank of the Southwest, thereby converting it to his own use, the indictment charged. By borrowing the $6.9 million at three percent, Mann was able to save about $350,000 per year in interest payments, according to the indietment. The office of the Comptroller of the Currency, which is the regulatory authority for national banks, said that the facts contained in the indictment pose no threat to the solvency of either the Bank of the , were told, will be the same. truth-in-lendin- in- Southwest or die First National Bank of Waco. rk solve a crime in 55 minutes sometimes it takes 55 weeks just to select a jury, Jackson said. So, we have used certain literary licenses over the years. Earl Stanley Gardner sold 177,000,000 books using this formula. I'm not going to change it now. Jackson said there would be a technical adviser for the series, "a former FBI man, a practicing lawyer in California. He declined to name the adviser, however, because we havent signed the contract, yet." But it was clear that there is no real determination on the part of Jackson as there has been on the part of producers of such series as The Defenders to portray with accuracy what happens in a court. Once again, the philosophy is : make it dramatic, and rules of evidence and court procedure be damned. And doesn't this really mean, the public be damned? The American public is subjected to gross misinformation about its own system of justice. Whats more, citizens in foreign countries are instilled with misconceptions about American trial procedures, through international distribution of the series. . .and theyre given the impression that trials here resemble inquisitions. You might recall that during the Cuban missile crisis in 1962, U.N. Ambassador Adlai Stevenson, weary of evasions, demanded of Soviet Deputy Foreign Minister Valerian Zorin a yes or no answer, prompting the cool retort: I am not in an American courtroom," of the Hollywood attorney Martin Gang, who is American Bar Assn.'s Legal Advisory Committee on Television and Motion Pictures, commented that the Perry Mason producers have cooperated with us 100 per cent through the years in checking out legal points. Granted, their concern for correctness regarding substantive law is to their credit But what about the burlesqued protrayal of what goes on in a courtroom? Gang offered the same rationalization as Jackson : There has to be dramatic license. That excuse might have been acceptable when the first Perry Mason series aired. It is doubtful that any protests in those 'days would have been effective. But this is the era of a time when the Federal Trade Commission is cracking down on deceptive advertising, when candidates must bare the source of every nickel they collect. It is altogether possible that groups such as the American Judicature Society and the ABA, should they be so inclined, could persuade the Federal Communications Commission to draw in the reins. . .to make clear that misportrayal of the judicial process, to add dramatic oomph, is verboten. said, reducing Southwests non-intere- By Roger M. Grace A few weeks ago, we referred to a malady we called and perrymasonitis. It's a disease that strikes the public-at-largof in its symptom is a warped concept what transpires the courtroom. Hallucinations are created of attorneys pacing in front of witnesses,' shouting accusations at them, with a docile judge allowing any line of questioning which the defense lawyer assures him is leading to a revelation of the truth. An epidemic of perrymasonitis broke out in the . .and most of the victims (which numbered in the millions) are doubtlessly not yet cured. When they think of a court proceeding, they still bring to mind the fantasy-versio- n series Perry portrayed on the Mason, which ran for eight years (and is still in national syndication). We found it of interest to read in the evening paper that a new version of the Mason series will air on CBS in the Fall. The cast will be different (with Monte Markham playing the lead role, formerly filled by Raymond Burr). But the question in our mind was: will the level of authenticity be the same? The answer is, uh huh. That response was provided by Cornwell Jackson, executive of Gail Patrick Jackson producer of the new series and who had that job the last time around. Much of the production team, $6.9 million from the Bank of the South west to use in purchasing controlling interest in the stock of the First National Bank of Wacp. Mann was to be charged only three percent interest at a time when the prime interest rate was 8 Mi percent, the indictment said. Through an agreement with the Bank of the Southwest, the Republic National Bank of Dallas put up $2.9 million of the loan, the indictment A. newly authorized U.S. Public Defenders Office for New Jersey. Announcement of the selection was made by Angelo W. Locascio, Clerk of the U.S. District Court, who reported Lowenstein had been chosen from more than 40 applicants. The post will pay $30,CC9 a year. Lowenstein will recruit and direct a staff of attorneys and in vestigators. The office will be the eighth such office in the nation and will represent indigent clients in the U.S. District Court for the District of New Jersey. Harvard Law School graduate, Lowenstein was admitted to the bar of New Jersey in 1968, has served as a deputy state public defender and as an assistant corporation counsel of Newark, is on the faculty of the Seton Hall Law School, and has maintained a private law practice in Newark for a year, specializing in civil rights, and civil liberties cases. He was one of the defense attorneys in the Harrisburg Seven conspiracy trial. According to Locascio, the salaries of the deputy public defenders will be comparable to those of assistant U.S. attorneys and the creation of the office will eliminate the need for assigning counsel to represent indigent defendants. A . ' |