Banner Graphic, Volume 22, Number 177, Greencastle, Putnam County, 30 March 1992 — Page 2

THE BANNERGRAPHIC March 30,1992

Banner Graphic (USPS 142-020) Consolidation of The Daily Banner Established 1850 The Herald The Daily Graphic Establishedlßß3 Telephone 653-5151 Published daily except Sunday and Holidays by Banner Graphic, Inc. at 100 North Jackson St., Greencastle, 1N.46135. Second-class postage paid at Greencastle, IN. POSTMASTER: Send address changes to the Banner Graphic, P. O. Box 509, Greencastle IN 46135. Subscription Rates Per Week, by carrier ....$1.40 Per Week, by motor route ...._................_........51.45 Mail Subscription Rates R.R. IN Rest of Rest of Putnam Co. Indiana U.S.A. 3 Months $21.00 $23.00 $25.00 6 Months $40.00 $45.00 $50.00 1 Year $78.00 $86.00 $95.00 Mail subscriptions payable In advance ... not accepted In town and where motor route service is available. Member of the Associated Press The Associated Press is entitled exclusively to the use for republication of all the local news printed in this newspaper. Steve Hendershot General Manager/ Marketing Director Eric Bcrnsee Editor Wilbur C. Kendall ... Production Manager Gib Fxrmer .... Business Manager June Leer Circulation Manager

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Experts: Tyson has good chance on appeal

INDIANAPOLIS (AP) Boxer Mike Tyson’s appeal of his rape conviction will likely center on the trial judge’s refusal to allow the testimony of three witnesses, legal experts say. Marion Superior Court Judge Patricia J. Gifford’s decision to deny testimony by the three Indianapolis women was a questionable ruling, said Thomas Schomhurst, an Indiana University School of Law professor in Bloomington. “THE EXCLUSION of the testimony of witnesses who purported to see Tyson and Desiree Washington embracing in the limousine would seem to be a pretty significant point,” he said. In oral arguments Friday before the Indiana Court of Appeals, Harvard University law professor Alan M. Dershowitz stressed the exclusion of the witnesses as well as the denial of a jury instruction saying the prosecution must prove Tyson

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knew the victim was withholding her consent. Dershowitz, who is handling Tyson’s appeal, presented the arguments in an effort to free Tyson from prison while an appeal is pending. TYSON CLAIMED during his trial that he and Miss Washington kissed and embraced in the limousine before going to his Indianapolis hotel room early the morning of July 19. Miss Washington, who was an 18-year-old contestant in the Miss Black America Pageant, testified that there was no physical closeness between the two of them. She said she rebuked Tyson when he tried to kiss her in the limousine outside her hotel. Tysons attorneys have said the excluded witnesses would have corroborated the fighter’s account of what happened between him and Washington, a Coventry, R. 1., resident.

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ALAN DERSHOWITZ ‘lmportant and novel issues*

Exclusion of the three witnesses was legally proper because the defense delayed notifying prosecutors about them, said David

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J. Dreyer, chief counsel for the Marion County Prosecutor’s office. Three days elapsed before defense attorneys told prosecutors they had found the new witnesses. The time was needed to make sure the women were credible, said Dreyer, who is handling the appeal along with the state attorney general’s office. DERSHOWITZ IS optimistic about his client’s chances for a successful appeal. “Tyson’s appeal will raise a number of important and novel legal issues with a substantial likelihood of success,” Dershowitz said in an 18-page affidavit presented to the Court of Appeals. He outlined 11 possible grounds for Tyson’s appeal. Retired Marion Superior Court Judge John W. Tranberg also said the exclusion of the three witnesses is the strongest grounds for appeal. ‘TT HAS TO BE serious enough to have affected the outcome of the

Jack Ruby’s gun is seized at the Capitol

WASHINGTON (AP) The gun Jack Ruby used to kill Lee Harvey Oswald, sold at auction last year by Ruby’s brother, now sits in a police evidence locker after a man was arrested over the weekend for carrying it onto the grounds of the Capitol. Capitol Police confirmed Sunday night the arrest of Robert Luongo, whom The Washington Post described as a representative of the $220,000 gun’s owner. Luongo was quoted as saying he feared the .38caliber Colt Cobra would wind up being destroyed the common fate of all firearms seized in the District of Columbia. LUONGO, 37, of Ocean Ridge, Fla., was held in jail overnight after his arrest on Saturday, police said. He was released after posting bond Sunday. Capitol Police spokesman Dan Nichols described the gun seized from Luongo as a Colt Cobra sixshot .38-caliber revolver with the serial number 2744-LW. The Post said that was the serial number on

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trial,” Tranberg said of the witnesses’ potential testimony. “Nobody can get a perfect trial. They should get a fair trial,” he said. MEANWHILE, Tyson’s promoter Don King used an Indianapolis radio show to urge blacks to oust Marion County Prosecutor Jeffrey Modisett from office. King spoke for a little more than an hour Saturday on WTLC’s Operation Breadbasket, which is broadcast from the Ebenezer Baptist Church. “We have a young man who now has become a symbol because he has been incarcerated without just cause,” King said of Tyson. “You must make ‘no more Modisett’ the cry of every goodwilled white person in Indianapolis and every black,” King told the church crowd. Rob Smith, Modisett’s spokesman, said Sunday he had no comment

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