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.