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Show T " .. - ,. 4 ip ' ,. - univtrrlty Ir librny robfrt chntt -- Vii c'T.V.7 ,rH 1 . f I- - u. 'f v ut?h Bhll2 rp citv. SALT' LAKE CITY VOLUME 17, NUMBER 130 Sentence men t Moss Sloyer (UPI) William Work- man, charged with killing seven persons including his parents in a rifle rampage in suburban Palos CHICAGO . Hills, was found mentally, incompetent to stand trial on murder charges, in a court hearing here, July 2. Criminal Court Judge John F. ordered Workman Hechinger committed to the Illinois State gM dateBs pegs 4. Mitchell Denies Leaks to Look in Alioto Case v NEW YORK (UPI) Former Atty Gen. John Mitchell has denied he leaked confidential FBI and Justice Department flies to magazine writers trying to link San Francisco Mayor. Joseph Alioto to the Mafia. Dariyll Salamon, Attorney for Mayor and the Mafia," appeared in the Sept. 23, 1969 issue of saying Alioto and Papale "enmeshed with the Mafia web of alliances with at least six leaders of the Cosa Nostra." Salamon said he questioned Rudolph Mitchell to determine "whether or Papale, took a three-hou- r deposition not the article . .was knowingly from Mitchell and said the former promoted by the writers in conattorney general denied all spiracy with certain offices of the knowledge of any leaks. executive branch of the government Mr. Mitchell was friendly, in 1969 as an effort to eliminate the cordial. He even winked at me once mayor as ai rising political candidate or twice," Salamon said. But he in the Democratic Party. answered all questions without Salamon said he asked Mitchell if hesitation. he activated disclosures by five federal investigative agencies that He categorically denied any and listed a number of Mafia leaders for all knowledge of leaks- - to Look Look authors who then tried to link Magazine, and at this time we have the Mafia to the mayor and his to take him on his word, Salamon brother-in-law. said. The authors and Look destroyed free-lanctwo their sources in the story, Salamon Papale is suing writers Richard Carlson and said. They methodically went Lance Brisson and the through and cut out all references to Look magazine for libel. their sources in some 160 pages of Papale sued after an article, "The notes. brother-in-la- w, e now-defun- ct SUPBEME COUfiT OF THE UNITED STATES Syllabus SCHNECKLOTH, CONSERVATION CENTER SUPERINTENDENT v. BUSTAMONTE CERTIORARI TO No. 71-7- 32. YVEDNESDAY, JULY 11, 1973 Afiemrt! IHIosipiitaal Supreme Court Decisions Aliotos UTAH THE UNITE STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued October 10, 1972 Deckled May 29, 1973 During the course of a consented search of a car that had been stopped by officers for traffic violations, evidence was discovered that was used to convict respondent of unlawfully possessing a check. In a habeas corpus proceeding, the Court of Appeals, reversing the District Court, held that the prosecution had failed to prove that consent to the search had been made with the understanding that it could freely be withheld. Held: When the subject of a search is not in custody and the State would justify a search on the basis of Ilia consent, the Fourth and Fourteenth Amendments require that it demonstrate that the consent was in fact voluntary; voluntariness ia to be determined from the totality of the surrounding circumstances. While knowledge of a right to refuse consent is a factor to be taken into account the State need not prove that the one giving, permission to search knew that he had a right to withhold his consent. Pp. 5-- 31. 448 F. 2d 899, reversed. J., delivered the opinion of the Court, in which urger, C. J., and Whits, Blacxmun, Fowsll, and Rehnquist, JJ., joined. Blacxmun, J., filed a concurring opinion. Powell, J., filed a concurring opinion, in which Burger, C. J., and Rehnquist, J., joined. Douglas, Brennan, and Marshall, JJ., filed dissenting opinions. SrewAirr, Mental Hospital at Chester, and ruled that he not be removed from the hospital without a court order. Hechinger and Cook County States Atty. Bernard Carey pledged that if Workman was ever determined competent he would be brought to trial. Carey said he would ask Gov. Daniel Walker to start an to determine why Work- - ) ' Warden in Break By 8 Americans man was released from the Tinley Park Mental Health Center, since it TIJl'ANA, MEXICO (UPI) appeared the hospital freed Work- - Victor de la Garza. 30, warden of La man while he was still mentally Mesa State Penitentiary, and two ill. guards were ordered to stand trial Workman, 43, was unshaven and on negligence and conspiracy dressed in work clothes when he charges for allegedly allowing the appeared before Hechinger. He did escape of to prisoners, eight of them not speak except to tell the judge he Americans, did not have a lawyer. Thirteen other prison officials, At the time of his arrest Workman who had been held by federal a former mental patient, told authorities investigating the prison authorities he was Gods son who break, were released. Charges "took things into my own hands. against them were dismissed. Workman was accused of killing Federal investigators have said his parents, a mother and daughter there is evidence that "$60,000 who lived across the street, and an changed hands" in the prison before CIA aged couple and their son in their the inmates escaped, home in the next block in suburban The prisoners fled. June 10, Hills. Palos In through a tunnel leading from a He was flushed from his parents' shack inside the prism, under a home with tear gas and emerged fence and a wall, to a river bank (UPI)-Will- iam WASHINGTON a can of beer. outside. They were cloaked by a E. Colby, nominated as Central quietly carrying Police said.all the victims had been heavy morning fog. The Americans, .Intelligence Agency director, killed by a .22 caliber rifle. most of them held on marijuana promised. July 2, that he would not smuggling charges, were believed to allow the CIA to gather domestic have been spirited over the border, intelligence. only two miles away, in cars waiting Colby told the Senate armed for the escapees. services committee at a conDo la Garza and the. two guards of assassinatiojCJaut that firmation shearing -- that he would program Jose it to was designed Refugio Gonzalez and Pedro bring favor changes in the 1947 National were ordered Sandoval Valdivia to the South Security Act to make it clear that the ."regularization terror program to stand trial by Judge Horacio agency is confined to gathering yietnamosc Vcounter Cardoso Ugarte. let ( ong. against foreign intelligence." One of the American escapees has Left unanswered during the He said it was not our function" taken into custody by U.S. been to engage in such activities as the hearing was whether the CIA would authorities to respond to U.S. drug assistance to White House agents in continue to conduct covert military the burglary of the office of Daniel operations in Indochina after Aug. charges The others are almost certainly 15. the termination date for the war' El Is berg's psychiatrist. from forced return. The U.S. safe to by President Nixon and Let us say I do not intend1 to do agreed government almost never, in recent Congress. it. he told the committee. The CIA has been training and years, extradites Americans who Chairman Stuart financing a clandestine Acting army in have escaped from Mexican prisons, the only Senator Laos. Symington, Colby said it was "very because' of the great differences in present, put Colby through almost that the United States the legal systems of the two nations. two hours of questioning related to unlikely" would become involved in such an the controversy over agency inoperation again in view of the volvement in Watergate-relate- d direction of U.S. policies. matters. ' While promising that the CIA Women Prison Guards would resist all efforts to involve it Nominee Would Have Pull Its Horns D-M- in domestic intelligence, Colby noted that there were several areas in which the agency's operations spill over into domestic activities. He mentioned investigations and psychiatric profiles on prospective agents; protection of the agency's classified material; requests to American citizens to share information they have on foreign governments; and "activities in the United States where foreign intelligence can be collected from foreigners." But Colby said none of these legitimate CIA operations in the United States would be effected if the 1947 Act were changed to insert the word "foreign in front of the word "intelligence everywhere it appears. Colby, nominated to succeed James R. Schlesinger as CIA director, has been involved in various intelligence operations since World War II when he parachuted behind enemy lines in Northern Norway to destroy a rail line being used by the Germans. In the Vietnam war, he ran the controversial Phoenix program to "neutralize Viet Cong village leaders and sympathizers. Under Symingtons questioning, Colby insisted Phoenix was "not a . I Mexico to Try ' - Held Not Cruel and f Unusual Punishment Quebec Police Recover Secret SAN FRANCISCO (UPI)- -A San QuenUn prison convict who charged that women guards constituted "cruel and unusual punishment has received little sympathy from a federal judge. U.S. District Judge Robert H. Schnacke dismissed, July 3, the civil MONTREAL (UPI) Quebec rights suit by Larrance Hand, 41, but could refile it if he sees fit to provincial police, acting on a Up, said he do so." have recovered four "top secret Hand charged in his suit, filed in Canadian defense department films and $885,000 in government checks, March, that the prison's two women all stolen from Montreal In- guards were in a position to watch ternational Airport over a year ago. him bathe, and that one of them bore A police spokesman said, July 2,. a strong resemblance to his wife. . Schnacke said the suit was legally that two officers recovered the films defective because it only said the and $885,000 in checks from a in a position to in- women were public place on a downtown street privacy. the night of June 29. Another $5,000 va(e the judge said, it is Likewise, in government checks was to dififficult take seriously as a recovered from a bus station locker claim that he his genuine grievance in Quebec City. to woman is attracted (one guard) The films, which he described as his wife. because resembles she top secret, and the checks were The same logic would apply to stolen May 17, 1972, from the the admittance of female visitors to Montreal Airport. The checks included federal and provincial Pflsoni the showing of motion ms an television shows, checks, as well as family allowance PcJur other asPects of prison life." checks, he said. Papers, Money - |