THE CITY SHUFFLE See editorial page 'ch t an :4341vi MONOTONOUS High-iG Low-O See Today for details Vol. LXXXVIII, No. 102 Ann Arbor, Michigan-Thursday, February 2, 1978 Ten Cents 12 Pages All C 2nurses' new trial dropped By KEITH RICHBURG The two and one-half year ordeal of Filipina Narciso and Leonora Perez ended yesterday when the U.S. Attorney's office in Detroit an- nounced all charges have been dropped against the two Veteran's Hospital nurses. The women were tried and con- victed of poisoning patients at the Ann Arbor Veteran's Administration (VA) hospital during the summer of 1975. Federal Judge Philip Pratt, who presided over the case from the pretrial stage, threw out the convic- tions last December, citing govern- ment misconduct in prosecuting the case. YESTERDAY, the prosecution de- cided not to retry the VA case. In a 20-page memorandum, U.S. Attorney James Robinson said it is unlikely Narciso and Perez could be convicted a second time. "After giving careful consideration to the many factors involved, the United States Attorney has decided he should seek a dismissal of the case rather than proceed with a new trial,"* the memorandum read. ,"ThehUnited States Attorney has concluded that given the potential problems inherent in the govern- ment's case against the defendants, a jury after a new trial would be more likely to acquit them than to con- vict." ROBINSON in his memorandum cited "public doubt and concern as to the defendants' guilt" as major factors involved in his decision. Robinson's decision reached the defense attorneys at exactly 1 p.m. yesterday, according to attorney Thomas O'Brien. Judge Pratt grant- ed the prosecution motion to dismiss charges by signing the order at 2:30. Narciso and Perez, together with their attorneys, held a 4 p.m. press conference at the Michigan League to discuss Robinson's decision, dur- ing which they reiterated their faith in the system of. justice and told harges dropped in V A case Carter asks for treaty approval WASHINGTON (AP) - President Carter said last night he would not hesi- tate to send U.S. troops to defend the Panama Canal - 'And I have no doubt that even in sustained combat we would be successful." But during his "fireside chat," Carter said the treaty to yield control of the waterway to Panama in the year 2000 would diminish the risk of any need for armed intervention to defend it. URGING PUBLIC SUPPORT for Senate ratification of the Panama Canal treaty, Carter's firm pledge con- fronted one of the major points raised by opponents in the past in spelling out American defense rights. That opposition argument deals with the situation after the year 2000 when the canal would be under Panamanian control when Carter, of course, would not be president. In a nationally broadcast and tele- vised fireside chat, the second of his year-old presidency, Carter said ap- proval of the treaty is "in the highest national interest of the United States and will strengthen our position in the world." HE SAID opposition to the treaty, due to come up for debate in the Senate next week, "is based on misunderstanding and misinformation." The president said, "This is not a par- tisan issue." He said ratification will strengthen U.S. security interests, im- prove trade opportunities, honor a commitment to keep the canal open to world commerce at a fair price and "demonstrate that as a large and powerful country we are able to deal fairly and honorably with a proud but smaller sovereign nation." Much of Carter's talk was devoted to posing questions often raised by treaty critics and providing his own answers. For example, he said, many Ameri- cans argue, "We bought it, we paid for it, it's ours." His response was, "we do not own the Panama Canal Zone - we have never had sovereignty over it" but rather have purchased the right to use it through annual payments to Panama. - Daily Photo by ALAN BILINSKY Former Ann Arbor Veteran's Hospital nurses Filipina Narciso and Leonora Perez show their relief at a press conference following news of their dropped charges. reporters all they plan to do is take long vacations. "I THINK we should not have been charged in the first place," Narciso said. "This is a trauma for us. All that we went through was really hard for us to take." Perez added, "My faith in the American system of justice has been restored." Asked if they plan to return to nursing work at the VA or elsewhere, Perez replied, "We don't know yet." "I JUST WANT to take a long vacation," Perez said. "I want to sit down with my 'husband and think about life. I just want to get out of Wayne and Washtenaw Counties. We've been confined to those two counties." Both women ruled out returning to their native Philippines permanent- ly, but have not decided whether they would seek United States citizenship. "It will be a traumatic memory," Narciso said. "I don't want to think about it." DEFENSE ATTORNEY Thomas O'Brien suggested the only reason the women were ever charged was because of pressure on the FBI to get the case solved. O'Brien also suggested. that dis- crimination was a factor. "It may have been accidental or coincidental that the people who were charged were not American citizens," he said. "they were not white. They were not male." O'Brien said, "I feel these women have been vindicated. I'm just sorry for them that they were convicted in the first instance." THE NURSES were found guilty of poisoning five patients during a rash of unexplained breathing failures during the summer of 1975. The convictions came after a controver- sial 10-week trial. The judge threw out the verdicts and ordered a new trial on a defense motion. Judge Pratt said govern- ment and prosecution misconduct severely hampered the nurses' de- fense. Prosecution misconduct, the Judge said, "reduced a search for the truth to a game of five-card stud poker." Robinson defended the attorney's office in his memorandum. He said the trial transcript showed no evi- dence "the actions of the FBI, the Veterans Administration personnel or the prosecutors were taken in bad faith or with malice or 'ill-will towards the defendants. "While errors of judgment oc- curred," Robinson said, "Such er- rors occur in nearly every trial." Green fever rampant before ' big game' SOUTH AFRICAN HOLDINGS: 'U' pull out? By RENE BECKER Should the University divest itself of all holdings it has in corporations oper- ating in South Africa? That question was confronted head on last night by a panel of experts as part of the University Forum on Corporate Investment in South Africa. OVER 100 PEOPLE including Univer- sity President Robben Fleming came to the Rackham Amphitheatre to hear Timothy Smith, director of the Inter- faith Center for Corporate Respon- sibility (ICCR), Thomas Pond, director of overseas public relations for General Motors Corporation, International Business Professor Gunter Dufey and Political Science Professor Joel Samoff. Pond and Dufey took the position against divestment while Smith and Samoff argued basically for divestment or some alternative positive action by the University. Smith, who spoke first, quoted the recent Senate Foreign Relations Com- mittee's report on U.S. corporate in- vestment in South Africa which called By ERNIE DUNBAR Special to The Daily EAST LANSING-The basketball still bounces straight up when dribbled on the court, the uniforms are the same green and white outfits as last year and the year before. The varsity games are still played at the old Jenison Field House, and, as usual, the team has five starting players. There is one thing very different about this year's Michigan State basketball team, though. People are packing themselves into the arena because one lanky freshman player has created an enthusiasm for Spartan basketball greater than residents here can remember. HIS NAME IS Earvin "Magic" John- son, a 6'8" forward, and he's turned this Michigan State team about-face. From a seven win, 11 loss record and sixth place rank in the Big Ten con- ference last year, the team, with John- son's help, has chalked up a seven win, one loss conference mark. The team is ranked fifth in the Associated Press poll and seventh by United Press Inter- national. Now, on the eve of the annual Michigan-Michigan State contest, "Earvin fever" is contagious here. "The minute he signed there was 100 per cent more enthusiasm," said Bruce Temby, a junior advertising major. WHEN ASKED WHO would win the match, Temby didn't hesitate to speculate. "It's got to be State. It's hard. to beat State here in Jenison with the crowds." The gym is packed. Like many other students here, Temby was unable to get season tickets for Spartan games. He said he relies on sophomore guard Terry Donnelly for his tickets. Temby was one of a crowd of fans watching coach.Jud Heathcote run the players through the last workout before the big game. Among the spectators was a group of local junior high school students cheering the moves of "Magic" and his teammates. "I THINK MSU will win because they want to taste their first victory against Michigan in a long time," laughed 11- year-old Jack Carruthers. Although most fans apparently are pleased with the Spartans' national ranking, Uduma Ezera, an eighth grader, said he thinks the team should be ranked higher. "I think we're Num- ber One in the nation," Ezera said. "Earvin and Jay Vincent are the key, though. We wouldn't even be ranked without them." Most Spartan fans credit Johnson alone with the obvious extra en- See SPIRIT, Page 7 Bills suet for MSA ballot By MARK PARRENT The Michigan Student Assembly (MSA) president and vice president may be directly elected by students if a proposed. amendment to the All- Campus Constitution is approved by students in a special February 22 campus-wide referendum. The president and vice president are currently elected by MSA Mem- bers. The proposed amendment was added to the ballot by MSA at its Tuesday night meeting. Tuesday was the deadline for any additions to the ballot. Two-thirds of the students voting must approve the change if it is to become part of the MSA constitution. Another proposed amendment, ap- proved for the ballot earlier by MSA, would change the composition of the assembly. Presently, some represen- tatives are elected campus-wide while others are appointed by school and college student governments. This structure was ruled unconsti- tutional by Central Student Judi- ciary. The proposed structure calls for representatives to be elected by students of each school and college. The number of representatives would depend on the school's enrollment. the U.S. performance there "abysmal." ACCORDING TO Smith, Senator Dick Clark (D-Iowa), chairman of the subcommittee on Africa, has said "'that the time has come to discourage U.S. corporate investment in South Africa." Smith said loans from American banks such as Citibank and Continental Illinois (both of which hold University money) help build the South African military which is used to contain the mounting insurrection there by the blacks. He referred to IBM, of which the University is a stockholder, saying its computers "are being used to facilitate continuelwhite minority rule." He said these computers were used by the police and military to enforce apar- theid. POND SAID in his ten minute presen- tation General Motors' presence in South Africa "was the basis for con- tribution to constructive change." He listed a number of contributions See SOUTH, Page 5 Dufey Buffa seeks limits on corporate influence Hopefuls facre off in Third Ward race:. By BRIAN BLANCHARD Sheldon nor Democrat Patrick Mit- and JUDY RAKOWSKY chell-contending for the spot left by A Republican vice-president and retiring Republican Roger Ber- an atnrr -;,, n li - -,, -. toia-has staked out clear stands on _ By KEITH RICHBURG Combining the anti-big business theme of Mo Udall with the "less crc. aM o r-I .n "THEY'RE CONTROLLING our lives," said Buffa. "For example, the energy policy we have now is being . 4 . - ... . . .. w L W-.-I - _