Show N Nebraska a Hearing Set For Rodrigues O A hearing under the N Nebraska ka Post-conviction Post Act has been scheduled for Jan 22 1968 in behalf of Jose Rodrigues 64 year old Davis County man ac accused accused accused ac- ac of murder in North Platte Neb 41 years ago MR RODRIGUES is presently present present- ly being held In the Davis County County County Coun Coun- ty jail pending an appeal to the Supreme Court filed by his at attorney attorney attorney at- at torney Maxwell Bentley on Nov 22 The Second District Court granted an order staying further proceedings In connection with the extradition appeal THE COMMUNITY Act Action ion Programs Program's north Davis office has undertaken to help Mr Rodrigues Rodrigues Rodrigues Rod Rod- by soliciting donations and contributions from anyone interested said Juan Gussman one of the Aides Contributions will be used to assist in defraying defraying defraying defray defray- ing expenses in defense of Rodrigues Rodrigues Rodrigues Rod Rod- and the defense ney's trip to North Platte Mr Guss Gussman man says letters have been written to the governor governor governor gov gov- attesting to Mr Rodrigues' Rodrigues Rodrigues' Rodrigues Rodrigues' Rodrigues gues' gues character Some of those who have written are George V. V Stevenson Davis County farmer for whom he has worked Wayne Leavitt owner-manager owner of the Anchorage Market where he dealt and Gary Bush In the US U.S. E Employment Office MR m. RODRIGUES has lived a number of years In Layton and Anchorage area He has worked as both farm hand and laborer for various Davis County farmers farmers farmers farm farm- ers and for the Layton Sugar Company His attorney says he has apparently not been in any trouble for 28 years since his escape from the N Nebraska ka prison where he had served 13 years of a life sentence Attorney Maxwell Bentley stated that T. T of Nebraska suggested to hi him m that he file a petition for a hearing based upon the states state's post-conviction post act where there is some question of the violation violation violation viola viola- tion of oC constitutional rights JUDGE HUGH Stuart in North Platte granted Mr Bentley special special cial permission to represent the accused in his court for the purpose purpose purpose pur pur- pose of the hearing There will willbe willbe willbe be a review of the March 1926 proceedings of the court when Mr Rodrigues was found guilty and sentenced Mr Bentley says his client was arrested given a preliminary preliminary preliminary nary hearing and his case heard in District Court where he was sentenced to life imprisonment within a period of three days Atno At Atno Atno no time was he represented by byan byan byan an attorney THE RECORD shows he had hadan hadan hadan an interpreter for the preliminary preliminary nary hearing and that he pleaded not guilty But it shows no record record record rec rec- ord of an interpreter at the District District District Dis Dis- Court hearing and Indicates indicates indicates indi Indi- cates he pleaded guilty Mr Bentley is attempting to have the date of the hearing in Nebraska moved up If it Is de determined determined determined de- de his clients client's constitutional constitutional constitutional rights were violated a decision will be made as to whether there should be a new trial granted or the prisoner released SOME QUESTION of identity has been raised the attorney said A transcript of newspaper accounts appearing at the time of the trial in the North Platte Telegraph states that the accused ac- ac ac accused c- c car carried r led three bullet wounds one in the wrist one in inthe inthe inthe the stomach and another in the cheek Mr Bentley states that Mr Rodrigues carries none o othe of f the bullet wounds Juan Gussman is in charge of collecting funds to aid Mr Rod Rod- Anyone interested in making a contribution may contact contact contact con con- tact the Community Action Program Program Pro Pro- gram Office at either or 1421 1421 Ik lk |