Page 2-Wednesday. July 25, 1979-The Michigan Daily
Florida convict granted stay of
TAMPA, Fla. (AP) - Convicted Supreme Court of the United States. It state in 12 years to execute a convicted
killer Howard Virgil Lee Douglas won a is not my intention to stay the killer against his will when John
stay of execution yesterday, just two proceedings indefinitely," Krentzman Spenkelink, who had murdered a drif-
days before he was to die in the electric said. ter in a Tallahassee motel room, was
chair. He said he was concerned that the electrocuted.
U.S. District Judge Ben Krentzman principal witness in the case, Helen GOV. BOB Graham has signed three
said in his ruling that he was concerned Atkins, the wife of the murdered man, other warrants but federal courts
over whether Douglas had been given a testified at Douglas' 1973 trial out of stayed those executions.
public trial as guaranteed by the U.S. earshot of the public. Only the families Stays were granted to Robert
Constitution. and the press were permitted in the Sullivan, convicted of killing a motel
Douglas, 43, a former fruit picker and courtroom during her testimony on a restaurant manager during a
truck driver, had been scheduled to die motion from the prosecutor. Homestead robbery; Willie Jasper
at 7 a.m. tomorrow for the 1973 murder "I AM CONCERNED.. . that the Barden Jr., convicted of killing a man
of Jess Akins Jr., the husband of his principal witness might not have during a holdup in Polk County; and
former girlfriend. testified to some things she testified to Charles W. Proffitt, convicted of killing
THE JUDGE said the stay would be if she had to testify in the presence of a high school wrestling coach as he
in effect until his decision could be con- the public," said Krentzman. slept during a burglary of the man's
sidered by the Fifth Circuit Court of Atkins was brutally clubbed, then apartment.
Appeals in New Orleans. shot in the head as he was forced to per- Douglas' lawyers are prepared to
"Any stay thereafter would have to form sexual acts with his wife in a press their fight through the federal
be granted by that court or a court of secluded Polk County area. court system as far as they could go.
higher jurisdiction, such as the On May 25, Florida became the first They had appeals ready to put before
A Pubc Service of This Newspaper & The Advertising Council
Lie down and be counted.
the appeals court in New Orleans and
the U.S. Supreme Court in Washington.
THE HEARING held before Krentz-
man shifted the emphasis of Douglas'
pleas from the state level to the federal
level for the first time. The Florida
Supreme Court rejected his case for a
second time last Friday.
The appeal centers on the jury
recommendation that Douglas be sen-
tenced to life in prison and actions by
the trial judge that the defense conten.
ds prevented Douglas from receiving a
Circuit Judge William Love of Bar-
tow sentenced Douglas to death, even
though the jury recommended life in
prison by a 12-0 vote. Under Florida
law, a judge is not required to follow a
jury's sentence recommendation.
SAN DIEGO (AP)-A hearing into
charges that three Marine drill instruc-
tors abused 116 recruits at Camp Pen-
dleton opened yesterday as an 18-year-
old private testified that a staff
sergeant grabbed him by the neck and
choked him during the assault.
The testimony by Pvt. Tomas Albay
opened the formal investigation that
could lead to courts martial for the
three. Marine officials said as many as
90 recruits may be called to the stand in
the hearing, which is expected to last
about two weeks.
THE SCANDAL, coming after three
years of relative tranquility, has rocked
the Marine Corps. Claims of recruit
maltreatment are nothing new, but the
Corps has "never had a case involving
so many people," said a Marine
Of those allegedly attacked, the most
seriously injured received a split lip,
said Lt. Col. Mike Sweeney, a public af-
The recruits were all based at the
Marine Corps Recruit Depot in San
Diego but were on assignment at Camp
Pendleton in Oceanside at the time of
the alleged attack.
DEFENSE ATTORNEYS for the
three drill instructors-Gunnery Sgt.
Charles Bryant, 28, of Nashville, Tenn.;
Staff Sgt. Ricky Cross, 29, of Anadarko,
Okla.; and Sgt. Joseph Lopez Jr., 23, of
Fresno, Calif.-opened the proceeding
by requesting a delay to give them
more time to prepare a defense.
The request was denied by Capt.
Kathryn Cooney, the hearing officer. If
she refers the case to a court martial
board and the men are convicted, the
three could receive six years in prison
on each count of assault.
THE MICHIGAN DAILY
Volume LXXXIX, No. 51-S
Wednesday, July 25,1979
is edited and managed by students at
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MASTER: Send address changes to
Street, Ann Arbor, MI 48109. -
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