Tuesday, August :3, 1976
THE MICHIGAN DAILY
Page Thiree
Baysinger sues Postill for assault
By LANI JORDAN
In what has been termed a political
move to thwart Sheriff Fred Postill's re-
election bid in today's primary election,
deputy Basil Baysinger yesterday filed
a $S0,000 lawsuit against Postill and
jail administrator Frank Donley to re-
cover damages he claims to have re-
ceived during a brawl at a Chelsea wed-
ding reception July 11.
Baysinger and his wife Shirley, ac-
companied by their attorney Jack Gar-
ris, filed the civil action against Postill
and Donley yesterday morning at the
county clerk's office. The six-count suit,
contains charges against Postill and
Donley ranging from assault and battery
upon the Baysingers to slander and libel
for statements made to the media.
THE BAYSINGERS are also asking
for a restraining order against the two
to prevent further "Calling, contacting,
. . . annoying or threatening" against
the Baysingers "either in public or in
private."
The charges stemmed from a brawl
between Postill, Donley and the Bay- -
singers that erupted at a wedding July
11. Postill has contended that his ac-
tions were merely an attempt to break
up a fight between Baysinger and Don-
lev. The argument reportedly concerned
administrative policies within the sher-
iff's department.
Garris, questioned as to why he chose
to file the suit the day before the pri-
marv denied political motivation. "This
was the first possible day we could file.
it is not a coincidence," he said.
Garris blames delays in the investiga-
tion of the incident partially on county.
prosecutor William Delhey. "We gave
the pros a chance," said Garris. "It was
only after we started our (investigation
and) filing that they took action."
FOLLOWING AN investigation made
in mid July by the state police and sub-
mitted to the state attorney general, Del-
hey announced that no grounds had
been found to charge Postill or Bay-
singer with felonious assault -- a crime
punishable by up to four years in pri-
son. But he did indicate that a charge
of assault and battery, a misdemeanor
with a sentence of 90 days in jail, was
possible.
On July 20 Baysinger, however,
brought charges of felonies against Pos-
till in district court in Saline. A warrant
was subsequiently issued and Postill sur-
rendered himself to authorities rather
than be arrested. Ile was later booked
and released.
The law suit aus refers to tavsingers
indefinite susnersion from the sheriff's
department followi-ig the brawl. It states
that "the libel and slander (following
See BAYSINGER, Page 10
Harris judge won't
declare a mistrial
LOS ANGELES (') - William and
Emily Harris' trial judge, refusing to
declare a mistrial or remove himself
from the case yesterday, attacked the
credibility of two women who swore
under oath that a sitting juror made
prejudicial remarks.
Superior Court Judge Mark Brandler
suggested that one witness, a former
prospective juror in the trial, "imagined
or magnified what she heard," and re-
ported it because she was disgruntled
at'not becoming a juror.
HE MADE HIS remarks after chief
psosecutor Sam Mayerson denounced the
report of prejudice by Jeannie Barton
as the words of "an hysterical woman."
Mayerson's comment brought gasps
and guffaws in the packed courtroom,
and the judge called for order, declar-
ing, "The court doesn't want any laugh-
ing."
Meanwhile, the jury-unaware of the
courtroom controversy - continued its
deliberations on the kidnap, robbery and
assault charges which stem from the
Vote -today
Remember, today is the day of the
state primary, so if you're registered to
vote, get out there and pull the levers!
This election includes such races as U.
S. Senate, U. S. Representative for the
district, and a new Circuit Court posi-
tion. Other open positions are County
Sheriff, County Prosecutor, Drain Com-
missioner, County Commissioner, and
County Clerk. The polls will be open
from 7 a.m. to 8 p.m. today. Since the
weather is expected to be nice, County
Clerk Robert Harrison expects the
turnout to be good, perhaps higher than
the 39.6 per cent for the presidential
primary in May. A total of 148,654 peo-
pie are registered in Washtenaw County
this summer.
Happenings...
. . . there is nothing scheduled for
today except the election.
Weather or not
It will be sunny and warmer today,
with -temperatures in the low to mid
80's. A west to southwesterly wind will
not bring a drop of rain.
l-arrises' flight from a sporting goods
store where a clerk allegedly caught
William ilarris shoplifting. The Ilarrises'
codefendant, Patricia Hearst, is to be
tried later on the same charges.
THE IAItRISES' chief defense attor-
ney, Leonard Weinglass, has demanded
a "mistrial with prejudice," forbidding
the larrises to be tried again on the
same charges.
Barton, an attorney's wife, came for-
ward last F1riday to report her fears of
impropriety after the judge apparently
ignored her effort to alert the court two
weeks aga.
Brandler said he had equated the wo-
man's report--transmitted to him by
another judge--with the many crank
calls and letters he receives daily.
"THE COURT saw no need to advise
counsel of this telephone complaint,"
he said. ". . . In every highly publicized
trial, the judges receive innumerable
crank letters and telephone calls. I have
a file two inches thick ."
Weinglass interrupted, asking, "Were
any of the others prospective jurors?"
The judge did not reply, saying only
that his file is "personal."
He said Municipal Court Judge Nor-
man Epstein alterted him of Barton's
report two weeks ago,
"JUDGE EPSTEIN stated that what
Barton told him was something she
surmised and was not substantial," said
Brandler.
Barton, who sat in on the Harris jury
selection as a jury prospect, testified
that she was disturbed about possible
prejudice among jurors now deliberat-
ing the Harris' verdict,
She and aonther woman, Corinne Han-
sen, testified that juror number six, an
insurance company executive, had cos-
mented weeks ago that the Harris trial
outcome was "a foregone conclusion,"
BOTH WOMEN also told of a prospect
building a miniature "hangman's noose"
in the jury room,
"Should this court place any credence
in the testimony of Mrs. Barton or Miss
Hansen?" the judge asked.
"To do so would be to indicate that
juror number six deliberately committed
perjury in order to be selected as a
juror."
He added, "It would be manifestly
unfair to juroranumber six who is per-
forming his civic duty in the Harris
case, to condemn him without afford-
ing him the chance to testify in his own
behalf. This would be more properly-
done at the conclusion of deliberations."
Just for kicks
John BIolde gets a kick out of Rick Bailey but it's nothing personal-just the
kind of friendly boot one expects in a Tae Kwon Do demonstration in the-
Ecology Park on the corner of Main St. and Huron. Bailey is a brown belt at
"The Academy" Tae Kwon Do studio on S. Main Street. Belde is a white belt.
HUMAN SERVICES DEPT. NEAR:
Council debateslauwnparking
By MIKE NORTON
Last night's meeting of the Ann Arbor
City Council was perhaps more note-
worthy for the things that weren't done
than for those that were.
Postponed until later meetings were
Mayor Albert Wheeler's long-awaited
prosposal to establish a municipal Hu-
man Services Department, a far-reach-
ing amendment to the city's retirement
system, and an ordinance change which
would allow parking on front lawns in
the campus area,
THE HUMAN Services proposal,
Wheeler promised, would be presented
at next week's session. 'He and Mayor
Pro Tem Louis Belcher (R-5th Ward)
had been bargaining over some key
passages, the mayor explained.,
"I'm not sure I haven't been taken in
a few places," he added, smiling,
The proposed ordinance change fto
allow parking in front lawn areas under
certain circumstances, a holdover from
last week's meeting, sparked a spirited
debate until it was once again tabled.
ADVOCATES of the proposed change,
including most council Republicans and
at least one Democrat, stressed its abil-
ity to relieve parking congestion in sto-
dent apartment areas. Its opponents, on
the other hand, have argued that it
would result in an environmental dis-
aster.
"People are really going to know
they're in a student slum when they see
cars parked in front lawns," said coun-
cilwoman Carol Jones (D-Second Ward),
Member- Jamie Kenworthy (D-Fourth
Ward) called for a public hearing on the
issue. The problem, he said, was that
area landlords had created far too many
"closets" in the neighborhoods. Too
many apartments, he added, meant too
many cars.
He was unwilling to decide one way or
the other without hearing from the
public.
KENWORTHY'S request for a public
hearing was quickly echoed by the rest
of Council, and it was agreed to schedule
such a hearing for the second Monday
in September to allow the fall term stu-
dent population to participate.
The retirement amendment was tabled
at Wheeler's reque, over the desperate
protests - and grudging assent - of Bel-
cher. It was the fruit of a long series
of meetings of the city Pension Board,
and will provide extra benefits to older
municipal retirees victimized by imfla-
See COUNCL, Page 10