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May 26, 1971 - Image 1

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Publication:
Michigan Daily, 1971-05-26

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Vol. LXXXI, No. 16-S Ann Arbor, Michigon-Wednesday, May 26, 1971 Ten Cents Eight Pages
SEALE, HUGGINS CLEARED
OF ALL CHARGES BY JUDGE

DIFFICULTIES OF FAIR
JURY SELECTION CITED
NEW HAVEN, Conn. (R) - Superior Court Judge Harold
Mulvey dismissed charges yesterday against Black Panther
Chairman Bobby Seale and Ericka Huggins after ,conclud-
ing that massive publicity made it impossible to select
another impartial jury.
The dismissal ruling came a day after the judge de-
clared a mistrial in the case against the two Panthers
when a jury of five blacks and seven whites reported it was
hopelessly deadlocked.
The case had drawn wide publicity due to charges that
Panthers across the country have been tried on fabricated
charges by governmental authorities. Many also questioned
the likelihood of Panthers getting a fair trial anywhere
in the country.
The state's attorney, Arnold Markle, immediately fol-
lowing the decision asked permission to appeal the judge's
ruling, but Mulvey denied the request.
"The state has put its best foot forward in presenting
its case against these defendants," said Judge Mulvey
yesterday. "They (the prosecutors) have failed to convince
a jury of their guilt."
"With the massive publicity attendant upon the trial
just completed, I find it impossible to believe that an un-
biased jury could be selected without superhuman efforts
which this court, the state and these defendants should
not be called upon either to make or to endure," the judge
said.
Huggins, a New Haven party leader, and Seale were two
of 14 Panthers charged in connection with the May 1969
slaying of Black Panther Alex Rackley. The state charged
that Seale had ordered Rackley's execution because Rackley
was a suspected police informer. Seale denied any com-
plicity in the killing.
The Panther chairman and Huggins were charged
with kidnaping resulting in death, and aiding and abetting
murder - both capital offenses - plus conspiracy to kid-
nap and to murder. In addition, Huggins was charged with
binding with criminal intent.
Huggins was immediately freed, and she was mobbed
by Panther sympathizers as she left the courthouse.
But Seale, who co-founded the Black Panther Party
with Huey Newton in 1966, remains in custody, still facing
a four-year contempt of court sentence stemming from
the Chicago 8 conspiracy trial.
See CHARGES, Page 7

BLACK PANTHER CHAIRMAN Bobby Seale (left) leaves the courtroom in New Haven Monday,
while Ericka Huggins, free for the first time in two years, rejoices outside yesterday. Seale and
Huggins yesterday won dismissal of murder, kidnap and all other charges against them.
DOVES FAIL AGAIN:
Senate defeats bill1s
to li-mit draftee dt
WASHINGTON (P) - T h e Opponents to the Nelson pro- Principal target of the move
Senate rejected legislation yes- posal, led by Sen. John Stennis would be the McGovern-Hatfield
terday that would have forbid- (D-Miss.), said the amendment amendment to cut off funds for
den the use of draftees on com- would have crippled efforts to U.S. operations in Indochina af.
bat assignments in Southeast attract more volunteers into the ter Dec. 31. It would be aimed
Asia. Army, also at a threat by Sen. Mike
The vote was 50 to 21 against InsteadGravel (D-Alaska), to filibuster
the proposal by Sen. Gaylord said, men would have waited for Gae DAak) oflbse
Nelsonr t ) w cond induction, knowing it carried a in an effort to prevent draft ex-
ed that "the purpose of t he guarantee against c o m b a t as- tension before the June 30 ex-
draft is to implement national signment. piration of the present Selec-
policy, and national policy is to But Se Gaylord Nelson tive Service Act.
get out" of Vietnam. Wis.), chief sponsor of the ______-__
amendment, said the regular
Earlier, by an even more lop- Army, drawing on men who en-
sided tally of 61 to 7, the Sen- listed voluntarily, should be able
ate rejected an amendment by to supply manpower for Viet-
Sen. John V. Tunney (D-Calif.), nam combat units.
to bar the sending of draftees to He said draftees now are bear-
any combat area in the world ing an inordinate share of the
unless they volunteer or Con- casualties - 57 per cent during
gress authorizes it. 1979.
"You're asking them to risk
their lives for a cause that is
not in the interest of this coun-
try," Nelson said.
Stennis insisted that with
draftees ruled out, the Penta-
gon would not be able to meet
Vietnam manpower require-
ments.
Senators fighting for a one-
year draft extension, due to be
voted on along with an all-
volunteer proposal a week from
Friday, feel that approval of the
bigger pay increases would help
their effort.
Republican Leader Hugh Scott
of Pennsylvania said, mean-
while, that an effort to limit
further debate on the draft bill
is likely to be made after next
Friday's votes. Democratic Lead-
eMike Manafield of Montana-My
said he probably would join re- Col. Oran Henderson, right, ye
luctantly the move to invoke counsel Henry Rothblatt. Evide
Sen.Stenns cloture, charges he attempted to cover

-Associated Press

Lai hearing continues
sterday leaves the courthouse at Ft. Meade, Md., with chief civilian
ence hearing continued yesterday in Henderson's court martial on
up the My Lai massacre.

I

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