Eavesdropping 'legal' now
WASHINGTON (UPI) — The Supreme Court spelled out a set of new guidelines yesterday in the running controversy over the government's use of evidence obtained by eavesdropping.
In a set of complex rulings, the court held:
The government may use evidence even if obtained by unlawful eavesdropping if the defendant was not a participant in the overheard conversation and if the bugging did not take place at his home, office or similar personal premises.
On the other hand, in cases where he was a party to the conversation or his premises "bugged" the defendant may demand under proper safeguards that the wiretap evidence be turned over to his attorney even in cases involving national security.
An adversary court procedure must be held to determine the relevance of the eavesdrop information. If it is relevant, the defendant may have it suppressed. The Justice Department wanted the trial judge alone to rule on the admissibility of wiretap evidence.
The court took these other actions:
- Upheld by a 7-1 vote an
antitrust decision against two Tucson, Ariz., newspapers which combined their advertising and circulation departments. For the court majority, Justice William O. Douglas held that the Tucson Daily Citizen and the Arizona Daily Star had failed to show their combined operation was protected by the "failing company doctrine." The decision could have an important bearing on similar arrangements in 22 other cities.
- Reversed the Birmingham conviction of the Rev, Fred L. Shuttlesworth who, with the late Dr. Martin Luther King, was convicted of parading without a permit in a 1963 Easter civil rights demonstration.
- Threw out the disorderly conduct conviction of Negro entertainer Dick Gregory stemming from a protest march around the home of Chicago Mayor Richard J. Daley in 1965.
The court sent three cases back to lower courts to decide whether any of the defendants had his right against unreasonable search and seizure violated by eavesdropping. Two involved espionage.
But the department said the information obtained by eavesdropping had no relation to the conspiracy charge.
Alderisio's conversations were overheard at premises owned by business associates or by firms which employed him.
The government had urged private inspection by the trial judge to protect innocent third parties and in national security cases to protect the government's intelligence activities.
Butenko, a former employee of the International Electronic Co., was sentenced to 30 years in jail; Ivanov, a driver for the Soviet trade agency Amtorg, drew 20 years.
The third appeal came jointly from Felix A. Alderisio and Willie A. Alderman, convicted of conspiring to transmit threats against a Denver, Colo., man named Robert Sunshine.
Alderiso was given four and a half years in jail and a $7,500 fine; Alderman three years and a $5,000 fine.
U.S. war games played in Korea
The government admitted illegal surveillance in the spy case. As to the conspiracy case, the Justice Department said
Many believe conspiracy in King murder
ATLANTA (UPI) — The two-hour trial of James Earl Ray Monday has generated repercussions that may echo for years, for there are many who are convinced that the small-time hoodlum was merely a cog in a plot to kill Dr. Martin Luther King Jr.
10 KANSAN Mar. 11 1969
The espionage appeals were made on behalf of John William Butenko, 44, of Orange, N.J., an American engineer, and Igor A. Ivanov, 38, a Russian chauffeur living in New York, who were convicted in Newark, N.J., in 1964.
SEOUL (UPI) - The first 2,500 U.S. paratroopers arrived today from Pope AFB, N.C., to participate Saturday in war games condemned by North Korea as a "criminal provocative act."
Ninety-four members of the U.S. 82nd Airborne Division arrived this morning at Suwon Air Base 20 miles north of Seoul to open what U.S. military officials have called the longest direct airborne assault exercise in history.
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- Ray's carefully arranged cover identities and elaborate escape to Europe took more planning than he appeared capable of, and more money than it appeared he would have.
- Among those who hold that view are King's widow, Coretta, and his successor as head of the Southern Christian Leadership Conference, Dr. Ralph Abernathy.
- There appeared to be no good reason why a man cool enough to bring off the killing-renting a flophouse room, locking himself in the bathroom and slaying King with a single shot—should for no apparent reason panic and drop his rifle in a doorway. The rifle was the only thing that led authorities to Ray.
- Among the reasons for a belief in a conspiracy :
- There was a false police chase report broadcast shortly after the April 4 killing which drew police to the wrong side of Memphis, allowing Ray to escape to the south. Believers in the conspiracy theory say it was a deliberate decoy, and it has never been adequately explained.
- Ray had no evident emotional reason for killing King. There was nothing in his background to indicate fanatacism. There simply appeared to be nothing—other than money—that ever inspired Ray.
James Earl Ray was so inapt at crime that he typically ran down a deadend street while fleeing from a burglary, and never attempted anything more than small-time robbery and theft.
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