Page Six
THE MICHIGAN DAILY
Thursday, June 9, 1977
Judge drops 8 VA charges
(Continued from Pages1)
the defendants' proximity to the
victims, and "the factor of ade-
quate evidence."
The judge said "sufficient
(evidence) has been induced" in
regard to six of the poisoning
victims. For two others, Pratt
said although the counts were
"lacking in proximity" and tim-
ing the defendants' "unexplain-
ed presence had not been ade-
quately accounted for."
"WE COME now to the (Em-
mett) Lutz, (Joseph) Brown, and
(Howard) Leslie counts," Pratt
said. "The court finds that there
is not significant evidence to let
the counts go to the jury."
Narciso and Perez were orig-
inally charged with poisoning
Lutz, and murdering Brown by
injecting the muscle relaxant
drug Pavulon into their intra-
venous medication (IV).
The defendants were not di-
rectly charged with poisoning
Leslie, but his death was one of
tae "overt acts."
Pratt concluded his remarks
by repeating "my role in the
proceeding should not imply any
personal view as to guilt or in-
nocence."
NARCISO a n d Perez, sat
quietly while the judge read his
decision. The nurses, together
with their attorneys held a brief
conference later outside the
Federal Building and U.S. Court-
house, with Narciso telling re-
porters "I'm very pleased about
the judge's decision."
In answer to one question,
Narciso said, "I'm still holding
up good. I'm still confident,"
Defense at to r n ey Thomas
O'Brien later announced Narci-
so would be the first defense wit-
ness when the trial resumes to-
day.
"I THINK we all feel that the
best thing we have going for us
in the case is Filipina Narciso
and Leonora Perez," he said.
"Once the jury has a chance to
see them and hear them, there
certainly isn't going to be any
question in their minds."
Federal Prosecutor Richard
Yanko, the U.S. attorney in
charge of the case, told report-
ers he was unstymied by the dis-
missals yesterday. "The deci-
sions were within the perimeters
of our expectations," Yanko
said.
Yanko felt the dismissal would
not hurt the government's case,
adding it was still there "in
substance."
"WE'RE NOT' disheartened,
we're not disconcerted, we will
be able to get a conviction,"
Yanko said.
Assistant U.S. attorney Rich-
ard Delonis added to Yanko's
remarks, saying "the important
thing is that all the remaining
counts carry a life sentence."
Although it was regarded as a
major defense v i c t or y, FBI
agent Richard Guttler, one of
the investigating agents, was
overheard commenting on why
Judge Pratt dismissed court at
10:12 a.m.
Guttler said, "He has to give
the press time to savor their
miniscule victory."
Gunmen free hostage
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South Moluccan terrorists re-
leased a third hostage from their
hijacked train yesterday and
mediators prepared for another
try to free 55 others held 17 days
in the train and a nearby school.
The released hostage, Theo
van Hattem, 46, may have suf-
fered a slight heart attack
aboard the train, medical offi-
cials said.
ONE TOP Dutch specialist
who e x amined van Hattem
warned that many of the 51 hos-
tages still aboard the train may
not be able to stand the "intol-
erable" strain much longer.
"From what we know from
this patient, I no longer rule out
the worst" for the health of the
others, Dr. Jakob Nieveen told
reporters. He is a professor of
cardiology at the university
clinic in nearby Groningen.
The government announced it
had agreed to a proposal by the
terrorists that a new attempt at
mediation be made to end the
twin sieges outside this northern
Dutch city.
TWO SOUTH Moluccan com-
munity elders who made an un-
successful mediation effort last
Saturday were to board the train
today for a second round of
face-to-face talks with the gun-
men after conferring with, other
representatives of Holland's 40,-
000-strong South Moluccan immi-
grant community.
The South Moluccan terrorists
have demanded release of 21
fellow activists jailed for ter-
rorist activities and a flight out
of the country.
South Moluccan militants de-
mand Dutch help in winning in-
dependence for their Pacific
island homeland, now part of
Indonesia. Both Indonesia and
the South Moluccan Islands were
once Dutch colonies.
After the release of van Hat-
tem, it was believed that 35 men
and 16 women were still on the
train, under control of eight to
10 armed terrorists, Justice
Ministry officials said.
Fleming rev
for Rhodes'
There IS a difference!!! ((Continued from Pages1)
red for the position but would
PREPARE FOR: tri-M not say whether any from these
MCAT* DATO LSATO SAT Styl7s groups made the list of six for
Fleming to consider.
GRE . GMAT OCAT VAT Open 'ti1 5:15 p m Lehman indicated yesterday
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V.P.positEion
few days to review the candi-
dates and then discuss them
with the Regents next Thursday
or Friday in a private session.
WHEN ASKED whether he
thought Fleming would go out-
side the committee's recommen-
dations to find a new Vice Presi-
dent, Lehman answered, "I
would hope he wouldn't do that.
His assurance was that this was
a serious pursuit; But, there is
nothing anywhere that says he
has to choose from our list. I
would ho s hetakes our sug-
gestions seriously."
Rhodes is scheduled to leave
the University on July 1 and
begin work as the President of
Cornell University on August 1.
The office of the Vice Presi-
dent for Academic Affairs is the
second most powerful adminis-
trative post in the University.
The person selected to replace
Rhodes will be responsible for
drawing up the University bud-
getand will have widespread
power over academic depart-
ments, budget cuts and tuition
hikes.
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