Page 4-Friday, Auqust 6, 1982-The Michigan Daily
Arroyo confession may
be unconstitutional

By GREG BRUSSTAR
Defense attorneys for Arthur Arroyo,
alleged Economics Building arsonist,
claimed Wednesday that Ann Arbor
police unconstitutionally obtained his
confession.
Attorneys argued during a preliminary
hearing that Arroyo's signed con-
fession, which waived his Miranda
rights to remain silent and to engage an
attorney, was illegally taken and can-
not be presented in court.
ARROYO, A former University em-
ployee, was apprehended in Sain Diego
more than a month after the Christmas
Eve blaze and was escorted back to
Michigan by Ann A.rbor Police Sgts.
Daniel Branson and Craig Roderick.
The detectives obtained a signed con-
fession from Arroyo on the flight back.
Public Defender Lloyd Powell
charges that the Ann Arbor Police
Department was "notified verbally and
in writing" before the flight that
Arroyo's attorney did not want him to
make a statement without a lawyer
present.
"Before they came back (from San
Diego), the officers were in contact
with the Ann Arbor Police Department
and should have known that they were

not to question him," Powell said.
POWELL ALSO said Arroyo's
"emotional and mental state at the
time would not have put him in a position
where he could make that decision
(whether to confess)."
Prosecuting Attorney WilliamDelhey
contends that Arroyo's constitutional
rights were not violated "because it
(the confession) was legally taken. He
waived his rights under Miranda."
Delhey said that Circuit Court Judge
Henry Conlin will determine whether
the confession is admissable as eviden-
ce before Arroyo's trial begins August
16.
Powell admitted, however, that even
if the confession is ruled uncon-
stitutional, the prosecutionhasstrong
ammunition against Arroyo in
statements from three of Arroyo's
friends, to whom"he voluntarily made
admissions of his intentions" to burn
the Economics Building.
Two people previously testified that
Arroyo told them he lit the fire because
some economics professors were writing
papers endorsing President Reagan's
economic policies.
The defense "can't challenge con-
fessions to private citizens, only to state
officialsPowell said.

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In Brief
Compiled from Associated Press and
United Press.Internationalreports
U.S. tests atomic warhead
MERCURY, Nev. - An atomic warhead was detonated with a muffled boom
far below the Nevada desert yesterday, shaking buildings almost 80 miles
away in Los Vegas.
Twenty-one minutes after the blast, a chunk of the Yucca Flat three times
the size of a football field collapsed over the test site, 2,100 feet below.
Energy Secretary James Edwards, who called the test "exciting," took
the occasion to promote the Reagan administration's plan to step up nuclear
testing.
"War is hell and I hope we never get into another one," he said. "But if
we're going to get into war, I want to come out No. 1, not No. 2. That's the
Reagan administration goal - peace through strength."
The blast, coming on the eve of the 37th anniversary of America's atomic
bomb attack on the Japanese city of Hiroshima during World War II, also
coincided with a debate in the House of Representatives on a resolution
calling for a freeze on the production and deployment of nuclear weapons.
Marilyn Monroe remembered
HOLLYWOOD - Marilyn Monroe was remembered at a cryptside cere-
mony on the 20th anniversary of her death yesterday as a wonderful actress
whose films 'will live until eternity."
About 200 mourners, most of them too young to remember the blond sex
symbol, gathered for a brief, informal memorial service at her pink marble
crypt, which was festooned with floral sprays, a pink monogrammed scarf
and several written messages.
Chris Baldwin, who said she only eight when Miss Monroe died, organized
the memorial and thanked the fans, saying:
"Marilyn would not want us to be sad today but to think of this as a tribute.
Her films will live until eternity."
Anti-abortion bills to be argued
WASHINGTON - In a parliamentary victory for opponents of abortion,
Senate Republican leader Howard Baker has gained agreement from both
sides for the Senate to debate and vote on two anti-abortion measures later
this month, it was learned yesterday.
A Senate GOP source said that under the agreement, the Senate will
debate and vote on an anti-abortion bill by Sen. Jesse Helms (R-N.C.), and a
proposed constitutional amendment by Sen. Orrin Hatch (R-Utah).
Under the agreement, a proposal by Sen. Mark Hatfield, (R-Ore.), to
make permanent a ban on federal funding of abortions and to encourage a
review of the 1973 Supreme Court decision legalizing abortion would be set
aside.
Hatch's amendment would give Congress and the states the authority to
restrict abortions.
Battle over tax increase mounts
WASHINGTON - Senate and House negotiators yesterday weighed a liber-
alization of unemployment benefits to build support for a big tax increase
whose future is clouded by a mounting Republican revolt despite President
Reagan's renewed - if reluctant - support.
Reagan "personally had to swallow very hard" when he agreed to the $98.9
-billion package of tax increases crafted by Senate Republicans, but "that
was the price we had to pay" to win further spending cuts in Congress.
Leaders of both parties calculated whether adding an extra 10 to 13 weeks
of jobless benefits - which the Reagan administration is considering - might
pick up enough votes to assure passage of the compromise $98.9 billion tax
bill being written by a conference committee.
The unemployment package, which includes higher taxes on employers
and on recipients of jobless benefits, headed the committee's agenda yester-
day. There is widespread concern that, even though the national unem-
ployment rate is 9.5 percent - highest since World War II - only 43 percent of
the jobless are receiving unemployment benefits. That figure could drop
further next month when a new formula for triggering benefits goes into ef-
fect.
Amendment may increase taxes
WASHINGTON- The balanced-budget proposal moving through
Congress could provoke unprecedented tax increases and cuts in gover-
nment services if added to the Constitution too quickly, congressional
economists warned Wednesday.
The federal budget is now so far out of balance "that an abrupt shift to
balance in the next few years could prove too strong a shock to the
economy," concluded a study by the non-partisan Congressional Budget Of-
fice.
"It would retard recovery from the recession-perhaps make recovery
impossible," the director of the office, Alice Rivlin, told a House Judiciary
subcommittee.
The Senate approved the proposed amendment 69-31 on Wednesday,
moving the battleground over the controversial proposal to contain deficit
spending to the House. If it passes the House by a two-thirds majority, at
least 38 state legislatures then must approve it before it will become part of
the Constitution.
The proposal would require balanced annual budgets starting two years
from the amendment's ratification. Exceptions would be during wartime or
if Congress approved a deficit by three-fifths votes of both chambers.

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