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
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"The Two Deaths of Sean
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12:15 2 MARY HARTMAN.
MARY HARTMAN-Serial
THE MICHIGAN DAILY
Volume LXXXVI, No. 10-S
Tuesday, May 18. 1976
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Lunch at Canterbury House
MONDAY through FRIDAY
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