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Vol. LXXXI, No. 15-S Ann Arbor, Michigan-Tuesday, May 25, 1971 Ten Cents Eight Pages
Judge rules mistrial in Seale case
Jury unable to reach verdict
on charges against Panthers
NEW HAVEN, Conn. (Al - A mistrial was declared
yesterday in the six-month-old murder-kidnap trial of
Black Panther Chairman Bobby Seale and Ericka Huggins,
a local Panther leader.
Superior Court Judge Harold Mulvey ruled the mis-
trial in the sixth day of jury deliberations on the charges
against the two stemming from the 1969 slaying of Pan-
ther Alex Rackley.
"I declare a mistrial for the reason that the jury has
failed to reach a verdict unanimously on all of the charges"
in the two cases, Mulvey
said.
County Prosecutor Arnold
Markle said that he would re-
initiate the prosecution of Seale
and Huggins.
The judge scheduled a meet-
ing today with both defendants,
their attorneys and the prose-
cutor. He did not explain the
purpose of the meeting, b u t
subjects under discussion were
expected to include a date for a
new trial and requests that
Seale and Huggins be released
on bail.
Seale and Huggins were
charged with aiding and abet-
ting murder and with kidnaping
resulting in death. Each w as
also charged with conspiracy to
Bobby Seale murder and conspiracy to kid-
nap, and Huggins was charg-
ed with binding with criminal-intent.
Seale has been in jail since August 1969, when he was arrest-
ed on the basis of an affidavit by George Sams Jr., a New York
Panther, who claimed he heard Seale order the execution of Rack-
ley whom he suspected of being a police informer.
Sams, who has been convicted of second-degree murder from
the incident, also testified that Huggins took an active part in
the interrogation-torture of Racckley shortly before Rackley was
killed.
The defense, however, has maintained that Sams is a brutal
man who formulated the murder plot and forced other Panthers
to help execute the plan.
For Seale and his attorneys the outcome was a disappointment.
They had made no secret of their belief that the state's case against
the Panther chairman was weak, and had predicted an early
acquittal.
In Oakland, Calif., Black Panther national headquarters is-
sued a statement saying: "The law's delay is no new thing to either
the Black Panther Party or to black and poor people in this
country . . . Chairman Bobby and Ericka have been incarcerated
now for nearly two years for a crime they neither committed nor
for which they have been declared as guilty . . . The reading even
of the words 'not guilty' would not justify those years of their
-f lives."
Judge Mulvey's ruling followed notification by a jury late
yesterday morning that it could not reach a verdict on any of the
charges against either defendant. He instructed the jurors "to
pay proper respects to each other's opinions and listen with candor
to each other's arguments."
The judge cautioned the jury not to speak to the newsmen
; about their deliberations.
* * *
* * *
'U' sex bias goals
may not satisfy
HIEW
guidelines
,I'
- p
-Daily-Jim Judkis
Union fire
A Sunday morning fire did heavy damage to the office of the
Druid Society in the sixth floor of the Michigan Union. Ann Arbor
Fire Chief Arthur Stauch has ordered an investigation into the
blaze, believed to have been caused by a discarded cigarette.
PROTEST AT MEETING:
City Council defers,
" e
Model Cities action
By ANITA CRONE
City Council last night deferred action on five Model Cities
contracts while members of the black community and the Black
Contractors Association displayed signs accusing the program of
being unresponsive to the needs of the black community.
A special committee was appointed by Mayor Robert Harris to
study the contracts. The committee includes Councilmen Jack Kirscht
(D-first ward), Nelson Made (D-third ward), Robert Weaver (R-
second ward), John McCormick (R-fifth ward), and Harris.
In addition, a special public hearing with the committee has been
, set for Thursday night. At this
time, a preliminary report by
the committee is scheduled with
audience participation.
The contracts include resolu-
tions to approve a Model Cities
contract for legal services pro-
gram, a bail bond program,
youth recreation program, com-
munity institute and a transpor-
tation contract with Ann Arbor
Community center.
Currently, Deborah Grubbs, a
member of the Model Cities
Policy Board, is sitting in at the
Model Cities office. She feels
that the program is not open to or
meeting the needs of the major-
ity of residents in the Model
Neighborhood.
Grubbs also feels that there has
been no meaningful community
involvement in the program.
She has accused the leadership
of the policy board of showing
"great favoritism" in not permit-
ting certain groups ani/or indi-
viduals to participate in the pro-
Daily-Jim Judkis gram.
t they call the Model Cities pro- Grubbs has been joined in her
See COUNCIL, Page 7
By ROSE SUE BERSTEIN
The Department of
Health, Education and Wel-
fare (HEW) apparently
f o u n d unsatisfactory por-
tions of t h e University's
goals and timetables sub-
mitted March 8 as part of
its affirmative action plan
for e q u a l employment of
women.
A spokeswoman for PROBE, a
local woman's group, told The
Daily that the University plan
had been rejected by HEW, but
University President R o b b e n
Fleming denied this report.
Fleming said that HEW did
not turn down the University's
plan, but did want more infor-
mation about it. HEW requests
for additional information gen-
erally denote dissatisfaction with
the proposal submitted.
The Detroit Free Press re-
ported yesterday that the back
pay provision of the University's
plan was not acceptable to HEW.
The University had agreed in
its plan to pay back pay retro-
active to October, 1968, to those
women who performed jobs for
which men in the same capacity
were paid higher wages. The
Free Press reported that no back
wages have yet been paid under
this provision.
Vice President for State Rela-
tions and Planning Fedele Fauri
said last night that the HEW
letter detailing its response to
the University requested only
"clarifications," not "modifica-
tions."
The goals and timetables were
submitted to HEW March 8, in
response to HEW's demand that
the University rectify alleged
sexdiscrimination or forfeit its
right to federal research con-
tracts.
Upon receipt last winter of the
initial affirmative action pro-
gram, the University's contract
eligibility was tentatively re-
stored, but HEW must now ap-
prove the goals and timetables
for that eligibility to be upheld.
Fauri explained that the HEW
litters includes requests for a
more detailed breakdown of job
listings for non-academic em-
ployes and details on the spe'-
cifics of the computer runs the
University uses to check for in-
stances of discrimination.
As part of the affirmative ac-
tion program, the Universit y es-
tablished a Women's Commis-
sion, which devised the com-
puterized discrimination search.
When the University sabmit-
ted its proposals in March, it
was predicted by some women
here that it would not be accept-
able to HEW.
The University's p 1 a n called
for raising the women instruc-
tional staff from 411 in 1970 71
to 550 in 1973-74. This includes
a 2.1 percent raise in women
professors from 47 in 1970-71 to
78 in 1973-74, compared to a
projected raise in male profes-
sors from 995 to 1,099.
DEMONSTRATORS at last night's City Council meeting protest wha
gram's lack of relevance to the residents it is designed to serve.