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May 13, 1972 - Image 12

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Text
Publication:
Michigan Daily, 1972-05-13

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Pc'ge Twelve

THE MICHIGAN DAILY

Saturday, May 13, 1972

P~~e Twelve THE MICHIGAN DAILY Saturday, May 13, 1972
i

Wayne prosecutor files new
appeal in grand jury dispute

DETROIT (I)-A second ap-
peal to the State Supreme Court
is planned in an effort to pre-
vent a special prosecutor from
leading a grand-jury investiga-
tan into a shoot-out between
Detroit police and off-duty
Wayne County sheriff's depu-
ties.
Three Detroit STRESS of-
ficers have been indicted for
murder for the shootings which
occurred in March.
Thernew appeal was filed for
yesterday by Wayne County
Prosecutor William Cahalan on
grounds his constitutional pow-
ers have been usurped by the
courta

An aide to Cahalan said the
second appeal will contend that
the Supreme Court failed to al-
low a full hearing on the prose-
cutor's original appeal.
In its ruling, the high court
said Wayne County Circuit
Judges Thomas Foley and Jo-
seph Sullivan could continue
seeking to determine why the
grand jury at first asked for a
special prosecutor and later
changed its mind.
The court ruled that the Cir-
cuit Court is empowered to look
into any allegations of influ-
ence on a grand jury by any-
one, "including prosecutors and
judges."

Cahalan maintained that he
has consistently offered to co-
operate with the grand jury
and it needs no special prose-
cutor.
After the Supreme Court is-
sued its findings this week, at-
torney George Bushnell Jr. was
named special prosecutor by
Foley; who presides over the
grand jury.
The legal wrangle is an out-
growth of the March 9 shootout
in which one deputy was killed
and three others were wounded.
Police said they followed a
man from a parking lot to the
apartment, where the deputies
'were playing cards, because he
appeared to be carrying a wea-
pon. There were conflicting ver-
sions of who fired the first shot.
A joint police-sheriff's inves-
tigation of the shooting resulted
in Cahalan's charging three po-
licemen with intent to commit
murder.
Judges Foley and Sullivan
said it will be at least a week
before they have compiled the
results of their investigation
into the allegations of pressure
on the grand jury.

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Texas flood leaves 12
dead, thousand homeless

NEW BRAUNFELS, Tex. (P)
A wall of water sweeping out of
flooding streams hit this small
Central Texas town yesterday
and raced southeastward to
nearby Seguin, leaving at least
12 persons dead, an undeter-
mined number missing and
heavy damage, authorities said.
New Braunfels city manager
Jim Hester's office estimated
damage in. his city of nearly 20,-
000 at $10 million with at least
1,000 persons homeless.
About a third of the city was
without electricity and pressure
for the city's water supply was
low; but the water was drink-
able, Hestee said. About 1000
telephones were knocked out in
Nc Braunfels and another 500
silenced in Seguin, 16 miles
away.
Hester estimated 4,500 persons
fled their homes during the
night and early morning hour3
as torrential rains caused t he
flooding. About three-fourths of
the people returned to their
homes by dusk.

"It was fast," Coman Coun-
ty Sheriff Walter Fellers said.
"We had one area up there in
surrounding hills I know that
had 10 inches of rain in one and
a half hours."
The flood waters receded rap-
idly as they ran off toward the
Gulf of Mexico. The rains be-
gan Thursday and Gov. Pres-
ton Smith called out the Na-
tional Guard to help at New
Braunfels shortly before m i d -
night.
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