Banner Graphic, Volume 17, Number 224, Greencastle, Putnam County, 23 May 1987 — Page 2

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THE BANNER GRAPHIC May 23,1987

Juror could cause mistrial in Donovan case

c. 1987 N.Y. Times News Service NEW YORK A judge began considering a mistrial Friday in the fraud case of former Labor Secretary Raymond J. Donovan after a juror became distraught during deliberations and was dragged from a Bronx courtroom shouting, “The Lord is my shepherd,” and “Help me, God, these people are crazy. ” The presiding judge at the trial of Donovan and seven co-defendants in State Supreme Court in the Bronx, Justice John P. Collins, disqualified the juror Friday night. He said he would rule Saturday on whether to declare mistrials in the proceedings, which began nine months ago. Lawyers for State Sen. Joseph L. Galiber and another defendant said they would demand mistrials. Attorneys for Donovan and the other defendants said they would announce their decisions Saturday

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when court resumes at 10 a.m. In interviews Friday night, most of the lawyers indicated that they believed the case had been tainted by the juror’s breakdown and they would refuse to continue the trial with 11 jurors. Under state criminal law, a defendant has the right to refuse to continue a trial with 11 jurors instead of the normal complement of 12. Collins has kept three alternate jurors in the courthouse since deliberations began Thursday. But the alternates did not participate in deliberations, and several defense lawyers said it would be illegal for them to join in now. Edward V. McCarthy, a spokesman for Bronx District Attorney Mario M. Merola, said that, if mistrials were granted, “we will proceed immediately to try them again.” Friday night, Collins asked each

U.S. delegation seeks answers for ship attack

WASHINGTON (AP) An official U.S. delegation was leaving for Iraq today to try to clear up the mystery of why an Iraqi aircraft fired on the USS Stark last Sunday, killing 37 American sailors. After a stopover in Bahrain, where the Stark has been anchored since Wednesday, the delegation will head for Baghdad on Monday, State Department spokesman Charles Redman said Friday. The U.S. delegation, which is expected to return to Washington next weekend, is composed mostly of Defense Department officials. “They’ll be seeking access to every Iraqi military official who

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juror if the “actions Saturday of juror Arroyo or any other observations you have made” would prevent them from continuing jury service in the case. All said, “No.” The judge then sent the jurors to a hotel for the night, adding, “I know it’s been a long day for you. ” In addition to crying out, the distraught juror, Milagros Arroyo, locked herself in a bathroom and

may have had some connection to the attack,” Redman said. “This includes the pilot or pilots as well as others in the chain of command. ’’ The delegation wants to determine why the aircraft fired on the Stark without knowing its country of origin and to discuss the possibility of Iraqi compensation for the Navy and the families of the victims. The Reagan administration regards the tragedy as an accident. Iraqi President Saddam Hussein sent a message to President Reagan calling the attack “grievous and unintentional.” Iraqi officials have agreed to let the U.S. investigators interview the

25 killed, 110 injured

S ARAGOS A, Texas (AP) A tornado destroyed this tiny remote town Friday night, leveling every building, including a community hall where a kindergarten graduation was being held. At least 25 people died and more than 110 were injured, officials said. Many of those attending the ceremonies in Saragosa Hall were trapped when the tornado tore through the west Texas community, authorities said. “They were having a kindergarten graduation and about 100 people were inside the building,” said Jose Rodriguez of Saragosa, who was at the ceremony in the predominantly Hispanic town. “It was in a com-

Witness calls Barbie 'savage'

c. 1987 N.Y. Times News Service LYON, France The court trying Klaus Barbie, which often echoes with whispers, was still and silent Friday as Simone Lagrange recounted how, as a 13-year-old, she was beaten senseless by Barbie, who was trying to force her to disclose the whereabouts of her brother and sister. Lagrange, who is now 56, spoke calmly and precisely in a voice laden with sadness as the court trying Barbie, the wartime chief of the Gestapo in Lyons, continued to hear personal stories of Nazi persecutions. She said she and her parents, all of them Jews, were arrested on D-Day “a day that started with joy and ended in sadness for us,” she said. Her mother was gassed at Auschwitz the day that Paris was liberated by Allied troops.

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sprinkled water on other jurors. A psychiatrist was rushed to the courthouse to interview her. Friday’s events brought more confusion into an already tangled and slow-moving case. The criminal trial, which court officials said was the longest in the Bronx in 50 years, started in September and has been bogged down by lengthy testimony and frequent clashes between as

pilot and the Iraqi military officers who ordered the mission, The New York Times reported today. U.S. officials told the newspaper the Iraqi gesture is an effort to limit damage to American-Iraqi relations as a result of the missile attack. Meanwhile, Sen. James Sasser, DTenn., left for the region Friday night, part of a committee appointed by the Senate leadership to assess U.S. policy in the Persian Gulf. Sasser said he has grave reservations about how carefully the administration has considered its plan to protect Kuwaiti ships sailing under U.S. flags. On Friday, Reagan attended a

munity center. “This is the worst thing I ever saw in my life,” he said. “Almost all the houses in town the storm just picked them up.” Rodriguez, who managed to escape the building before the tornado hit, said he wasn’t sure how many people had been trapped. “There is no structure left in town,” Department of Public Safety spokesman David Wells said early Saturday. “The stone building was filled with 5-year-olds and their parents attending the ceremony.” There may be more fatalities in the fields surrounding the area, but rescue workers were having trouble finding them because of the

“Yes, Mr. President,” she said, addressing Andre Cerdini, the presiding judge, “the gas chambers existed.” She was among the thousands of prisoners evacuated from Auschwitz in 1945, ahead of advancing Soviet troops, when, by chance, she saw her father among a group of prisoners. A camp guard allowed the two, who had been separated for two years, to meet, and Lagrange thought they would be allowed to embrace. Then, abruptly, the guard forced her father to kneel and shot him in the nead. “It was not Barbie who put bullets into our heads,” she said, “but it was he who sent us into that hell. He is the first to be responsible.” Lagrange was one of six people to testify Friday to brutality and mistreatment at Barbie’s hands. Another was Lise Lesevre, a grayhaired 86-year-old former member of the Resistance, who has, through television appearances and a book published recently, become something of a heroine in this country. Lesevre, who survived depor-

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many as 16 defense lawyers and 3 prosecutors. A defense lawyer, Theodore W. Geiser, said Friday that the total legal costs for the defendants, all of whom were indicted in 1984, was approaching sl3 million. The chief prosecutor, Stephen R. Bookin, declined to say what the prosecution costs have been. But Bookin, another assistant district attorney and at least two detectives have worked full time on the case for more than three years. As the the 30-year-old Arroyo was escorted from the courtroom by guards, Donovan, the other defendants and their relatives appeared to be stunned by her outburst. “This case is full of tragedies,” Donovan said outside the courtroom. “I believe we were within hours of being exonerated and going home to our families. I am crushed for all of us and my heart goes out to Ms.

memorial service for the dead sailors at Mayport Naval Station, Fla., the homeport of the Stark. Speaking to a gathering of 2,000, Reagan praised the sailors as heroes who willingly sacrificed their lives “so that wider war and greater conflict could be avoided.” The attack on the Stark occurred as the United States was preparing to increase its military presence in the Persian Gulf, and many in Congress are worried that additional American blood may be shed. The sense of unease took on a new dimension Friday when the White House disavowed a remark by Assistant Secretary of State Richard

darkness, Wells said. Mike Cox, another DPS spokesman in Austin, confirmed the death toll and number of injured. Jan Knott, assistant administrator at Reeves County Hospital in Pecos, said at least 60 people were hurt and en route to the hospital. She said more injuries were expected. Cox said at least another 50 injured people remained at the scene. Russ Kyler, assistant administrator at Medical Center Hospital in Odessa, about 70 miles away, said he had been told to expect as many as 60 victims. “The hospital at Pecos ... is all beyond capacity,” Kyler said.

tation to Ravensbruk and two years of forced labor, refused the court’s invitation to give her testimony seated. Instead, standing upright in a blue suit, her hands gripping bars on either side of the witness box, she described 19 days of interrogation and torture by Barbie. “He was a savage,” she said. “He always carried a swagger stick, and when he had nothing to hit with it, he tapped it all the time against his boots, so we could always tell that he was coming to the cell by the sound of the tapping that preceded him.” She went on: “You had the feeling that a ferocious beast was coming into the cell. It was absolute terror.” She was almost drowned in a bathtub, she said. She was hung by the wrists until she lost consciousness. During one session, Barbie had her lay across a chair and she was beaten on the back with a kind of copper ball into which bristles had been imbedded. Finally, she was deported, along with her husband, who died at Dachau, and her son, killed in a detention center in Neuengamme at the ase of 16.

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Arroyo.” Donovan and the others are accused of participating in a scheme to defraud the New York City Transit Authority of $7.4 million in the construction of the East 63d Street subway tunnel in Manhattan. The charges of grand larceny and fraud are unrelated to Donovan’s duties as labor secretary from 1981 to 1985. The accusations concern Donovan’s role as the executive vice president of the Schiavone Construction Co. in Secaucus, N.J., before he was appointed to President Reagan’s Cabinet. Prosecutors from the Bronx district attorney’s office have argued in the trial that Donovan and other Schiavone executives conspired with Galiber and a partner of Galiber in the Jopel Contracting and Trucking Corp, of the Bronx to siphon $7.4 million earmarked for minority subcontractors on the subway project.

Murphy. During a news conference Thursday, Murphy raised the possibility of direct U.S.-Iranian military conflict if Iran attacks U.S. naval forces which will be assigned to protect Kuwaiti oil tankers. Presidential spokesman Marlin Fitzwater said “we disagree with Murphy” and added that the comment had not been authorized by Murphy’s superiors. Shortly after Fitzwater spoke, State Department spokesman Redman defended Murphy’s comments. “He in no way believes that war is likely,” Redman said of Murphy.

Judge tells victim he helped lawyer NEW YORK (AP) One of the four young men shot by Bernhard Goetz on a subway train drew six months in jail for outbursts on the witness stand, which the judge said “played right into the hands” of Goetz’s lawyer. The judge, Stephen Crane, on Friday added the prison time to the 8-to 25-year sentence that James Ramseur, 20, is serving for pistol whipping, raping and robbing a pregnant teen-ager since the subway shootings. Ramseur, called to the stand by the prosecution in Goetz’s attempted murder trial, had refused to answer several questions from defense lawyer Barry Slotnick, snapping, “None of your business.” Slotnick had sought during cross-examination to portray Ramseur and his companions as criminals intent on mugging Goetz, and had pressed Ramseur about his activities shortly before the subway shootings. “Your conduct has played right into the hands of Mr. Goetz’s lawyer,” the judge told Ramseur on Friday. “He goaded you into exploding and you were very accommodating. He perhaps owes you a vote of thanks. ’ ’ Crane said he watched the jurors while Ramseur was “ranting and raving” on the stand. “What I saw was utterly against you and whatever interest you thought you were serving,” Crane said, “and that’s not justice.” The jury was not present during the sentencing. It will return Tuesday when the defense resumes its case. Goetz, 39, an electronics technician, is charged with attempted murder, assault, reckless endangerment and illegal weapons possession in the Dec. 22, 1984, shooting of Ramseur, Barry Allen, Darrell Cabey and Troy Canty. Goetz said the four, all 19 at the time, were trying to rob him when Canty approached him for $5. Canty has testified he was only panhandling money to play video games that he and his companions intended to burglarize. Crane cited Ramseur for six instances of contempt one on May 5 and five on Wednesday for refusing to answer questions, and fined him $1,500 in addition to six 30-day sentences. Ramseur’s lawyer, Ronald Kliegerman, told the judge Ramseur had been improperly charged with contempt. “He did in fact complete his testimony,” the lawyer said. “Each and every one of those questions had been asked ”