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ADDRESS CORRECTIO
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o CHE 5 0 UTTE
VOL. V NO. 34 JULY 27 - AUGUST 2, 1 3
incumbent
d Jame Turner
ere cti e Republicans, Democratic
y chair Verlin Zimmerman id the
Democrat choo eDy beeau he
BE HARBOR - There are
three ndidates for the city's fir
ard comrni ion t. They face off
in Tue y' primary, hich m f turn
out to be no more than a practice run.
Pending before th U.S. District
Court is a reapproportionrnent uit
to r dr city rd boundarie to
reflect population change from the
1940' when the line were fll and
I drawn.
Both the city and plaintiff ' attorney
Tat Parish pre nted on Monday plan
for redi . ting to U.s. Judg Richard
Enslen.
The city plan requests the court to
appoint a "m ern who will oversee
a public h �. 10, co
Iy
e
c, Zimmerman
clearly laying out a plan for
plan, the Democrat said,
would "break the borro ing habit"
of the city and proposed cooperation
be een bc;.. ... city's resources - the
y
pl
r
-
study them and mea recommend -
tion to the court.
The plaintiff plan calls for more citi­
zen involvement. It uggest the court
order all four ward t to be up for
election in ovember. The plan also
that the four ard ts be filled
at large. That ould rve a tempor-
ary remedy, allowing time for a m ter
to oversee a permanent remedy.
Candidates for the fir ward seat
are incumbent Ed Eamon, teacher Arnold
Smith and the only proclaimed Demo­
crat Clevan cClure.
Should the Judge leet the plaintiffs'
plan, the A 2 p . for ard ts
ould be overturned and a ne primary
scheduled for October.
25
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GA
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TOP GE3
FO
By Terry K
BENTO HARBOR - aurice Car­
ter, TYing a Iife ' sentence in Jac son
prison for the December 1973 ult
on former police officer Thomas Sch d­
ler, filed a motion ith the Berrien
County Circuit Court for a new trial.
A . stant Pro utor John Burhan
g y C -
ter for July 27 would be delayed and
rescheduled for some time within the
next 20 day .
In his motion Carter i asking for
a ne trial since the prosecution did
not produce a "res ge ae" itne
at the trial, and becau Carter was
denied "effective assistance of counsel".
Carter ated in the motion that
his court-appointed trial lawyer, James
Je of Buchanan "failed to properly
inve igate all the fact of the alleged
ofTen ."
Last year, this paper ran a rie of
articles pointing out glaring inconsis­
tencie between statement made by
witne s in police reports and while
on the witne stand.
Schadler wa shot in 1973 bile
Christma shopping with hi ife in
the . shop, then located t the cor­
ner of Pipestone and ain Streets in
do ntown Benton Harbor.
Carter arrested a fe days shy
of two year later when ilbur Gilles­
pi te ified that Carter h d been the
gun man. Gille pie later retr ted hi
statement and rved prison time for
perjury. Gille pie id he had been
offered a d 1 by former poll e man
AI Edward in e change for hi indi t-
ment of Carter.
Carter a arre ed on the b sis of
Gille pie' perjured testimony and no
phy leal evidence ever produ ed to
link Carter ith the crime.
o motive was ever e t blished for
the shooting.
The itne that a never pro-
duced at the trial as Richard La ton
then man ger of Le th e land Furni­
ture Store, then located on ain Street.
La ton wa the only itne quo­
ted in ne spa per ccount of the oot­
ing but a n ver brought to testify.
Carter ha provided aff d it
ith hi motion from Lawton hi h
tate th t La on a man run pa
the furniture store ho "not hat
I ould call tall man. y impre ion
that the man not si feet tall.
in . nt b cam
only factors gi en to the jury for on­
ider tion.
The height factor one of th
contr diction pointed out in the ri
of Citizen article on th shootin.
. feet tall
iI-
tall. Other inconsi stencie
in a study of th trial tr
Co fi