100%

Scanned image of the page. Keyboard directions: use + to zoom in, - to zoom out, arrow keys to pan inside the viewer.

Page Options

Download this Issue

Share

Something wrong?

Something wrong with this page? Report problem.

Rights / Permissions

This collection, digitized in collaboration with the Michigan Daily and the Board for Student Publications, contains materials that are protected by copyright law. Access to these materials is provided for non-profit educational and research purposes. If you use an item from this collection, it is your responsibility to consider the work's copyright status and obtain any required permission.

May 18, 1976 - Image 2

Resource type:
Text
Publication:
Michigan Daily, 1976-05-18

Disclaimer: Computer generated plain text may have errors. Read more about this.

Page Two

THE MICHIGAN DAILY

Tuesday, May 18, 1976

Court upholds Ellsberg convictions

WASHINGTON (A') - A fed-
eral appeals court yesterday up-
held conspiracy and perjury con-
victions of former White House
assistant John Ehrlichman for
authorizing the break-in of the
office of Daniel Ellsberg's psy-
chiatrist.
The three-judge court also up-
held the conviction of G. Gor-
don Liddy, the former White
House official who planned the
1971 burglary against Dr. Lewis
Fielding.
But the court reversed the
convictions of Eugenio Martinez
and Bernard L. Barker, the Cu-
ban exiles who actually broke
into the doctor's office and
searched Fielding's files for ma-
terial about Ellsberg.
Ellsberg stood trial for leak-
ing the Pentagon papers study
of the Vietnam War to the press,
but charges against him were
dismissed by a federal judge.
Ehrlichiman, one of former
President Richard Nixon's clos-
est aides, was sentenced July 22,
1974, to spend a minimum 20
months in prison for the con-
viction.
The 51-year-old former Seattle
zoning lawyer also was con-
victed Jan. 1, 1975, for his part
in the Watergate cover-up and
sentenced to 2 years to eight
years in prison. The sentences
are to run concurrently.
Ebrlichman has been free on

bond and living in New Mexico
pending appeals on both con-
victions.
Andrew Hall, one of Ehrlich-
man's lawyers, said yesterday
no decision as been made wheth-
er to appeal the decision to the
Supreme Court. The appeals
court will decide if the former
White House domestic affairs
adviser can remain out of pri-
son during a Supreme Court
appeal,
In their decision, the three
judges dismissed claims by Ehr-
lichman's lawyers that trial
judge Gerhard Gesell mishandl-
ed jury selection. Appeals court
Judges Harold Leventhal and
Malcolm Wikey and district
Judge Robert Merhige Jr. of
Richmond also declined to con-
sider whether the break-in was
justifed on national security
grounds, the pillar of Ehrlich-
man's defense.
"Ehrlichman soars into a
novel claim of authority," by his
national security defense, the
judges said.
"No court has ever in any
way indicated, nor has any pres-
idential administration or at-
torney general claimed that any
executive officer acting under
an inexplicit presidential man-
date may authorize warrantless
searches of foreign agents or
:ollaborators, much less the war-
rantless search of the offices of
an American citizen not him-

self suspected of collaboration."
In reversing the conviction
against Barker and Martinez,
the court said the two men be-
lieved they were carrying out
a lawful government operation
when recruited to carry out the
burglary and photograph the
psychiatrist's files.
The judges likened Barker and
Martinez to private citizens call-
ed upon by a policeman to as-
sist in making an unlawful ar-
rest, without knowing the arrest
was unlawful.
They said Judge Gesell, in his
instructions to the jury, should
have allowed for the possibility
that Martinez and Barker be-
lieved they were acting with the
authority of the White House,
"There was abundant evidence
in the case from which the jury
could have found that the de-
fendants honestly and reason-
ably believed they were engaged
in a top-secret national security
operation lawfully authorized by
a government intelligence
agency," the court said.
Martinez and Barker both
worked for the CIA in the Cu-
ban community in Miami. How-
ard Hunt, a retired CIA agent,
recruited them for the opera-
tion.
Following their conviction for
the break-in, Martinez and Bar-
ker were given three years'
probation.

"You were duped by high
government officials," Gesell
said in deciding not to send
them to jail.
Daniel Schultz, Barker and
Martinez' lawyer, said Monday.
he will seek a presidential par-
don for the men,
Liddy, a former government
prosecutor from Poughkeepsie,
N.Y., is currently serving a
six-to-20-year sentence at the

federal prison in Danbury,
Conn., for his conviction in the
break-in at Democratic National
Headquarters.
At the time of the Fielding
break-in, he was a member of
the secret White House investi-
gative unit called "the plumb-
ers." The unit was headed by
Egil Krogh, an aide to Ehrlich-
man, who pleaded guilty and
served a six-month jail term.

Television viewing tonight

'
. _.._. _. _.. __ . _ .. ,... _._. _._ .. _ _.®__w ___.___ _._._._____®__ __ _.. _ _
fem.
;' =
fr

6:00 2 7 11 13 NEWS
9 BEVERLY HILLBILLIES
20 ULTRA MAN
24 ABC NEWS-Harry
Reasoner
30 ZOOM--Children
-O BRADY BUNCH-
Comedy
-Children
62 I SPY-Adventure
6:30 4 13 NBC NEWS-John
Chaneelior
9 NEWS
11 CBS NEWS-Walter
Cronkite
20 DANIEL BOONE-
Adventure
24 PARTRIDGE FAMILY-
Comedy
30 AUTO TEST '76
50 I LOVE LUCY-Comedy
7:00 2 CBS NEWS-Walter
Cronkite
4 BOWLJNG FOR DOLLARS
-Game
7 ARC NEWS-harry
Reasoner
11 BRADY BUNCH-Comedy
13 HOGAN'S HEROES-
COMEDY
24 COSS-WITS-Game
50 FAMILY AFFAIR-
Comedy
62 SPEAKING OF SPORTS
7:30 2 AND NOW . . THE BAY
CIT YROLLERS-Music
4 GEORGE PIERROT-
Travel
7 PRICE IS RIGHT-Game
9 ROOM 222
11 DON ADAMS SCREEN
TEST-Game
13 ADAM-12-Crime Drama
20 STUMP THE STARS--
Game
24 25.000 PYRAMID-Game
30 FIRING LINE--
William F. Buckley
50 HOGAN'S HEROES-
Comedy
56 EVENING EDITION WITil
MARTIN AGRONSKY
62 NEWS
1:00 4 WORLD AT WAR-
Documentary
7 24 HAPPY DAYS
9 TO BE ANNOUNCED
11 BUGGS BUNNY/ROAD
RUNNER-Cartoon
13 RICH LITTLF.-Variety
20 IT TAKES A THIEF-
Adventure
50 MERV GRIFFIN
Midwest's Largest Selection of
European Charters
Canadian and U.S.
f orn $259
CALL 769-1776
16ret Ploces Ao
- mme----- TRAVEL CONSULTANT*
216 S. 4th Ave, Ann Arbor

56 LOWELL THOMAS
REMEMBERS-Doeumentary
62 STANLEY CUP PLAY-OFF
0:30 2 11 GOOD TIMES
7 24 LAVERNE & SHIRLEY
-Comedy
30 56 57 CONSUMER
SURVIVIL KIT-Report
9:00 2 11 M*A*S*H
4 13 POLICE WOMAN-
Crime Drama
7 24 SWA.T.-Crime Drama
20 700 CLUB-Religion
30 57 MOVIE-Musical
"The Mikado"
56 OLYMPIAD-Documen-
tary
9:30 7 2I NBA PLAY-OFF
Special,
50 DINAH!
10:00 4 13 CITY OF ANGELS-
Crime Drama
7 24 LOVE, LIFE, LIBERTY
AND LUNCH-Comedy
56 MONTY PYTHON'S
FLYING CIRCUS
10:30 9 CEILDIl-Variety
20 PRACTICAL CHRISTIAN
LIVING
56 MARE OF JAZZ
67 PTI, CLUR-Religion
11:00 4 7 13 24 NEWS
9 CBC NEWS-Lloyd
Robertson
20 ALFRED HITCHCOCK-
Drama BW
50 BEST O FGROUCHO-
Game BW
56 IT'S YOUR TURN
11:30 4 7 13 24 MICHIGAN/
MARYLAND PRIMARIES
9 NEWS
20 JACK BENNY-Comedy
50 MOVIE-Drama BW
"The Clock"
56 57 ABC NEWS-
Harry Reasoner
11:45 2 11 NEWS
12:00 4 13 JOHNNY CARSON
7 24 MYSTERY OF THE
WEEK
"The Two Deaths of Sean
Dolittle"
9 MOVIE-Drama
"The Smugglers"
12:15 2 MARY HARTMAN.
MARY HARTMAN-Serial
THE MICHIGAN DAILY
Volume LXXXVI, No. 10-S
Tuesday, May 18. 1976
is di:oed and mansged by studen':s
at the University of Michigan Noos
phone 764-0562. Second class post,:e
aid at Ann Arbor. Michigan 48010.
Published d a i l y Tuesday throet 0
sunday mo nl ndcring tho Unir-
sity year at 420 Maynard Street, Ann
Arbor. Michio-an 48109 Subscription
rates: $12 Sept. thru April (2 semes-
ters) ; $13 by mail outside Ann
Arbor.
Summer session published Tues-
day t h r o u g h Saturday morning.
Subscription rates: $6 50 in Ann
Arbor; $7.50 by mail outside Ann
Arbor.

Tor$4.95,.
wellgiveyou the finest service,
lots of atmosphere and a meal
fit fora king
It's o,:r 1n Proe R 0 ner--youv e
- -1 ouo 1 -AAcut of [ii aS D 0
polctrosrc , ~r :A pank-
-')enice of k
510::tl(1'511
4iL i 11,,pI at:s ,c
N o :. ,. '.,[ r? : r " ., - r i

For Spring half term,
May 10 to June 23
Lunch at Canterbury House
MONDAY through FRIDAY
12noon to2 p.m.
WE PROVIDE THE PLACE AND SOMETHING
TO DRINK. YOU BRING YOUR LUNCH
There are tables on the front porch or you can
sit on the lawn or inside in the living room. No
activities will be schedued at Canterbury at
lunchtime--just a pleasant place to have your
lunch. (Campus groups can reserve a larger
table in advance for informat meetings. Call
665-0606).
Conterbury House is at 218 N. Division St., the
corner of Catherine and Division.

Back to Top

© 2020 Regents of the University of Michigan