The Michigan Daily-Tuesday, November 28, 1978-Page 5
CONTEMPT CONVICTIONS STAND
Court refuses
Farber review
By AP and UPI
WASHINGTON-The Supreme Court yesterday
refused to review contempt convictions against New
York Times reporter Myron Farber and his paper for
refusing to surrender to a New Jersey judge notes
and records on a murder case.
The highest court let stand the convictions imposed
on Farber, who spent 40 days in jail, and the Times,
which paid a total $285,000 in fines, in the highly
publicized fair-trial, free-press case.
YESTERDAY'S ACTION sets no national legal
precedent. But many free press advocates consider it
a blow since, among other things, it leaves intact a
New Jersey ruling that a state law giving journalists
a privilege to protect confidential sources must yield
to a criminal defendant's right to a fair trial.
None of the court's nine justices went on record as
favoring a review of Farber's appeal, but Justice
William Brennan, for unexplained reasons, took no
part in considering the appeal.
The ruling dashed Farber's hopes to have his
criminal record cleansed and the Times' hopes to get
back the fines it paid.
THERE ARE SEVERAL similar "reporter con-
fidentiality" cases in lower courts, and it is possible
that the Supreme Court will use one of those to study
the free-press issue.
Articles Farber wrote in 1976 led to the reopening of
a 10-year-old investigation into 13 mysterious deaths
at a bergen County, N.J., hospital.
After Dr. Mario Jascalevich was charged with
murdering several of the patients with overdoses of
a muscle relaxant, his lawyers subpoenaed Farber's
files, saying they were needed to make sure the
surgeon got a fair trial.
WHEN FARlER and the Times objected, the trial
judge ordered the notes and records turned over to
him for inspection to decide whether they were
relevant to the case.
Farber refused, noting the state shield law gives
journalistsa privilege to protect sources. He said at
least he should be given a hearing before being told to
give up his files.
The reporter was ordered jailed indefinitely unless
he complied and given a six-mnth term for criminal
contempt.
The Times was fined $5,000 a day, plus $100,000 for
criminal contempt. All the penalties were ended,
however, after Jascalevich was acquitted Oct. 25,
and there no longer is any danger Farber will have to
go back to prison over-the issue.
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Venus probe to aid Earth stud
V
By TIMOTHY YAGLE
EARTH-In just over a week, four
unmanned-space probes and their main
orbiter will enter and descend through
the atmosphere of the planet Venus and
begin transmitting back 'to scientists
here on earth invaluable data bout the
atmosphere, the weather conditions
and the surface of our sister planet.
In what University researcher
Thomas Donahue called "the first full
physical exam of 'the Venutian at-
mosphere," the landings wjll be the
culmination of a project launched last
May and August.
DONADUE, CHAIRMAN of the At-
mospler ic and Oceanic Sciences
Department here, explained at a news
conference yesterday that "the purpose
of the -mission is to study the at-
mosphere including the circulation and
composition of its clouds of Venus."
"The Earth and Venus are virtual
twins, yet they are greatly different,"
Donahue explained. American scien-
tists want to "understand why Venus
differ so much from the Earth," he con-
tinued.
SCIENTISTS ARE wondering if the
Earth could become another Venus
should enough carbon dioxide be
released into our planet's atmosphere
through the burning of fossil fuels,
Donahue said. They puzzle over the
chances of a "greenhouse effect" solar
radiation trapped in the atmosphere by
carbon dioxide-happening on the Ear-
th as on Venus.
Space scientists also want to under-
stand Venus's "weather
machine"-what causes the tem-
perature to vary as much as it
does-and circulation. Grasping an
idea of whey these phenomena occur
will hopefully enable us to better com-
prehend the Earth's weather system,
Donahue said.
DONAHUE, ALONG with AOS Prof.
Andrew Nagy, who has been associated
with the project since 1970, and Space
Research Lab Director George
Carignan, are members of a NASA
team in charge of five experiments on
the spacecraft. The tests are designed
to measure atmospheric -contents at
various levels, their distribution and"
density,. and the structure of the
ionosphere.
One of the specrometers built by the
Space Research Lab will map the
Venutian surface to a resolution of only
a few kilometers.
Nagy and Donahue arei among 10
scientists selected to coordinate the
data from all the Venus project's
experiments.i
DONAHUE SAID IT will take "a few
minutes to a few months" to analyze
the data coming in from the probes,
depending on the kind of information
being transmitted.
Another important question the
Pioneer-Venus probes will answer is
whether the planet of love has an
intrinsic magnetic field. "that we'll
know immediately," Nagy said.
Nagy explained that a great deal of
what we currently" know has been a
result of "hopefully intelligent
guesswork with little information." The
Venus probes will hopefully give NASA
scientists the information they need.
"There will be some surprises,"
Nagy said, "but no great surprises."
DONAHUE SAID that congressional
funding for the Pioneer-Venus mission,
as well as the numerous future missions
(a Jupiter-bound probe in 1984, another
Mars mission, and projects involving
comets) must be given top priority by
the President and congress in the 1980
federal budget.
"We expect to see it -funding for
these missions) in the '80 budget,"
Donahue said. But he also mentioned
that if Pioneer-Venus fails, it's "apt to
cause some problems" with Congress.
Donahue also expressed hope that the
U.S. and Russia could cooperate in a
joint mission to the outer planets in the
solar system since the soviets have also
sent probes around and into the
Venutian atmosphere.
Markel elected by council
Prof. Geraldine Markel of the Univer-
sity's School of Education has been
elected to the association council of the
Midwestern Educational Research
Association, the University announced.
She will serve a one-year term.
When Vikings first landed in Iceland
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rising from the area, they named the
site Reykjavik, which means "Smoking
Bay."
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Indications of a Ray family plot
in assassination of Dr
WASHINGTON (AP)-The House
assassinations committee indicated
yesterday that it has found evidence
showing that James Earl Ray's
brothers may have been involved in the
murder of Dr. Martin Luther King Jr.
Committee counsel G. Robert Blakey
listed a series of circumstantial
connections that he said add up to a
"family-based association that points
to a 'criminal relationship . .." among
Ray and his two brothers, John and
Jerry.
BLAKEY SAID the FBI failed to
adequately investigate a possible
conspiracy in the April 4, 1968, killing of
the civil rights leader, although
evidence that someone other than Ray
was involved was available.
"The evidence indicates that the
performance of the FBI, as well as the
Justice Department, was flawed,"
Blakey said in releasing a 106-pagae
report on the FBI investigation.
Cartha DeLoach, a senior FBI
official at the time of the assassination,
defended the investigation and said he
remains convinced that King was killed
by one man acting alone.
"THERE IS NO conclusive evidence
developed by the committee that there
was a conspiracy," said Deloach, who
was a close aide to the late FBI
Director J. Edgar Hoover.
King was killed by a rifleman as he
stepped from his room at a Memphis,
Tenn., motel. Ray was arrested two
months later in London and is serving a
99-year prison term for the murder.
Ray first confessed, but then
recanted and said he was framed by a
mysterious figure named "Raoul."
CHAPTER
MEETING
OPEN TO
THE PUBLIC
Thur., Nov. 30
at noon
Conference Rooms 1 & 2
Michigan league
BLAKEY SAID a two-year re-
examination of the FBI investigation
showed an intensive effort to identify
the trigger man and then locate and
arrest him. Until Ray's capture, there
also was a concerted effort to uncover
any possible conspiracy, Blakey said.
But once Ray was in custody, Blakey
said, the FBI probe tailed off
dramatically, with only intermittent
efforts to find out if anyone else was
involved.
"The FBI never made a concerted
eff9rt to check the possibility of a Ray
family conspiracy in the
assassination," Blakey said.
BLAKEY RECALLED the publicly
known feud between King and Hoover
and FBI efforts to discredit King.
DeLoach denied that the Hoover-
directed campaign of wiretaps and
dirty tricks against King contributed to
his assassination.
In reply, Blakey asked DeLoach,
"Would you change your position if I
were to tell you that the committee has
developed evidence that that circle of
people who may have plotted the death
of Dr. King was in fact touched by FBI
propaganda efforts."
. King
I)ELOACI ANSWERED h'ehas seen,
no facts to indicate,- either that a
conspiracy-to kill King-existed or that
the FBI bears any responsibility for his
death.
LJ
C
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