Page 10-Tuesday, June 13, 1978-The Michigan Doily

Loophole may put 2 on ballot

Bracy said he is a valid Senate can-
didate because he collected the 100
signatures from each of 20 counties,
and that total is more than one per cent
of the 1,770 votes received by Marshall.
The loophole apparently resulted
from adoption of a new state Con-
stitution in 1963. Under the old Con-
stitution, a secretary of state served
two year terms, so one was elected at
every general election. The signature
requirement for the U.S. Senate, then,
was workable.
THE 1963 CONSTITUTION changed
the secretary of state's term to four
years, but the legislature failed to
change the Senate nominating law to
refer to the last general election at
which a secretary of state was elected.
The ,Board of State Canvassers
yesterday delayed a ruling on Bracy's
argument and his bid to get on the
ballot and asked the attorney general's
office to issue an opinion. on the
question.
"I must say that his position is far
from frivolous," said Assistant Attor-
ney General Charles Hackney "It's the
type of position that might possibly
prevail."
HACKNEY SAID, however, it is
likely the attorney general's office will
argue that the signature should comply
with the legislature's intent and not
with the letter of the law.
He said failure to change the election
FC

law to refer to the last election at which
a secretary of state was elected was
"simply amatter of oversight."
Bracy said it matters what the
legislature said in the law - not what it
may have meant.
"THEIR OVERSIGHT shouldn't be
used against me. That would be paten-

tly unfair."
He indicated he would go to court to
get his name on the ballot of the Board
of State Canvassers rejects his
argument.
Democrats who will be on the ballot
even if 17,764 signatures are required
include state Sens. Anthony Derezin-
ski of Muskegon and John Otterbacher

of Grand Rapids, Ann Arbor publisher
Phil Power, former Detroit City Coun-
cil President Carl Levin, state Rep.
Paul A. Rosenbaum and former Grand
Rapids Congressman Richard Vander-
Veen.
Private gifts to the University in 1976-
77 totaled more than $27 million.

Berkowitz' sentence: 315 years


(Continued from Page 17
lived 6,000 years ago.
THIS STRANGE, semi-lucid tale was
the closest Berkowitz ever came to
suggesting a motive for his blood lust.
"This matter of the demons deeply
concerned this court," Kapelman said,
referring to Berkdwitz's having been
ruled competent to plead guilty May 8
to the slayings.
Berkowitz, sitting at the defense,
table, his wrists handcuffed to a belt
around his waist, five uniformed guar-
ds ringing him, was asked by the judge:
"Did you take the plea or did the
demons force you to take the plea?"
"I TOOK the plea," replied
Berkowitz in a low voice, his eyes
riveted straight ahead, his body im-
mobile except for his hands, which he
spasmodically clasped and unclasped.
)LD BACK THIS FLAP 8 SEAL WITH TAPE

, Kapelman then asked if the demons
had influenced Berkowitz when he
pleaded guilty and he replied: "They
had some influence."
"Were you in the power of the demons
when you pleaded guilty to the indic-
tments and all counts thereof?"
Kapelman persisted.
"NO," REPLIED Berkowitz.
The sentencing then proceeded.
On all the various counts, including
six of murder, Berkowitz got a total of
315 years to be served consecutively,
plus concurrent sentencesamounting to
well over 100years more.
HOWEVER, under New York law, a
prisoner may apply for parole after 30
years confinement, regardless of the
cumulative length of the sentence. But
each district attorney recommended
that the law be changed and that,

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meanwhile, every effort be made to
keep Berkowitz locked up for the rest of
his life.
The court proceedings got under way
with Brooklyn Justice Joseph Corso on
the bench and Berkowitz standing still
as a statue at the defense table in front
of him and slightly to his left.
The defendant wore a blue suit and a
striped shirt with an open collar, his
neat black hair looking recently trim-
med.
Brooklyn's District Attorney Eugene
Gold urged that Berkowitz be given the
top sentence the law allowed, and that
the Legislature be importuned to
change the law at the earliest oppor-
tunity to provide life imprisonment
with np chance of parole.
IT'S
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0552
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