New Braunfels Herald Zeitung (Newspaper) - January 16, 1983, New Braunfels, Texas
New Braunfels Herald-Ze/ft/ngr Sunday, January 16,1983 3A
CBS news show wins appeal, will air police beatings piece
NEW ORLEANS (AP) — A federal appeals court ruled Saturday that CBS can broadcast on schedule a segment of 60 Minutes about alleged brutality by New Orleans police during an investigation into an officer’s death.
A federal district judge earlier ordered the segment, scheduled to be shown Sunday on the popular news show, suppressed. The network appealed to the 5th U.S. Circuit Court of Appeals, arguing that the district judge had overstepped constitutional bounds by censoring the segment.
“We find that CBS has shown that it will probably succeed on the merits of its appeal ... and, accordingly, we grant the stay,” the three-judge panel of the appeals court said in a short, written ruling issued Saturday evening.
Attorneys for the policemen said they would ask the Supreme Court, probably through Justice Byron White, to reverse the decision.
They were not certain of the procedure needed.
CBS had filed a two-page motion and 22 pages of briefs and petitions supporting its case at 9:45 a.m., said a spokeswoman for the 5th Circuit. Copies were flown to Judge Carolyn Randall in Houston and Judge Thomas Gee in Austin. The third judge who considered the case was Judge Albert Tate Jr. of New Orleans.
The broadcast was scheduled just three weeks before the start of a trial for seven officers accused of beating black citizens during the investigation.
Defense attorneys who had won a motion to move the trial to Dallas because of extensive publicity in louisiana said broadcasting the program before the trial began would make it impossible to find an impartial jury.
U.S. District Judge Adrian Duplantier issued a handwritten order forbidding the broadcast on Friday after CBS refused to show him a script of the program segment. There was no hearing in open court. Duplantier conferred with attorneys in his private office.
CBS said in its appeal that “the prior restraint contained in this broad injunctive order is unprecedented in the history of our nation and constitutes, with no question, a blatant violation of ... freedoms of speech and of the press.”
It “raises issues of national importance and seriously imperils the freedom of expression which, heretofore, has been secured to all citizens for more than 200 years,” the network said. “If not corrected immediately, and prior to Sunday, January 16,1983, it will allow the judiciary, a branch of government.
the right of unbridled censorship over the contents and timing of news programs.”
“The injunctive order prohibits the broadcast anywhere and goes far beyond even the relief sought by the defendants,” the petition said.
CBS also said it did not know the trial date when it scheduled the broadcast, and that it would cost tens of thousands of dollars to replace the segment about the investigation with another.
Defense lawyers argued that delaying the broadcast until the trial would result in a minimum of “inconvenience to or interference with the news media.”
Duplantier’s ruling said, in its entirety:
“The following order was issued at approximately 3:00 p.m. at a conference attended by the attorney for CBS: In view of the refusal of CBS to comply with the court’s previous order this date, CBS, its officers, agents and employees are hearby ordered not to broadcast in any manner whatsoever the segment at issue herein of the program scheduled for show ing 6:00 p.m., CST, Sunday, Jan. 16,1983.”
Robert E. Barkley Jr., one of CBS’ attorneys in New Orleans, said the order imposed a nationwide blackout of the program.
Lawyers for the policemen said it was based on interviews of people listed as victims in the indictment of the “Algiers Seven,” who are accused of violating the civil rights of people they questioned by threatening and physically abusing them.
The interrogations took place during the investigation of Officer Gregory Neupert’s killing in a tough section of the Algiers district across the Mississippi River from downtown New Orleans.
James Billy Jr., 26, and Reginald Miles. 28, accused in arrest warrants of killing Neupert, were killed in police raids on their homes Nov. 13 — five days after Neupert’s death. Also killed in one of those raids was Sherry Lynn Singleton. Miles’ girlfriend.
Police said all three tried to shoot it out.
Two days earlier. Ray Ferdinand, 40, was shot and killed when he allegedly pulled a knife w hen police stopped him for questioning. Ii developed later that he was a police informer, simply putting on an act, but the officers didn’t know- him.
The deaths prompted an outcry from blacks who complained of police violence and racism. State and federal grand juries refused to return any indictments in those killings. Two state grand juries also refused to indict anyone in the alleged beatings.
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Greece's Papandreou gets tough with economy
ATHENS, Greece (AP) — Premier Andreas Papandreou has ended 15 months of letting the economy drift by devaluing the national currency, introducing import quotas and abandoning last year's generous wage policy.
Some equally tough choices may await the Socialist leader in foreign affairs. Negotiations on the future of American bases here resumed Thursday, while preparations are under way for the first-ever visit to Greece by a
“Papandreou’s government took a surprisingly long time to formulate an economic policy, but devaluation was a resolute step,” said a Western observer. “We’ll now see if the new decisiveness extends beyond domestic concerns.”
Papandreou, who taught economics at several American universities, has sliced 15.5 percent off the Greek drachma's value against the dollar, a move designed to boost declining exports and increase domestic
production and farmers’ incomes.
Last month the Socialist government announced delayed cost-of-living index-linked pay hikes for 1983, ensuring wages will lag far behind the projected inflation rate of 18 percent for most of the year.
National Economy Minister Gerasimos Arsenis, who heads a team of experts brought in by Papandreou, also announced import restrictions on a wide range of goods from agricultural machinery to children’s toys.
He cited Common Market regulations that permit import quotas for limited periods at times of “serious and persistent economic crisis.”
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Pope speaks against capital punishment
VATICAN CITY (AP) - Pope John Paul II on Saturday asked the world’s governments to pardon prisoners on death row, the first time a pontiff has spoken out against capital punishment.
The pope also called on the United States and the Soviet Union to disarm simultaneously and said foreign interference in Central America aggravates tensions there.
In a wide-ranging speech to the Vatican diplomatic corps, John Paul said dialogue is the only road to peace and expressed his concern for the situations in Lebanon, Central America, Afghanistan, Northern Ireland, Iran and Iraq.
“The Holy See recommends clemency, or pardon, for those who are condemned to death, especially those condemned for political reasons,” the pope said in French. His remarks were translated by The Associated Press.
Vatican spokesman the Rev. Romeo Panciroli said it was the first time a pope has criticized the death penalty.
Pope Pius XII, in 1955, said the state .should decide w hatever punishments it deemed necessary for its citizens.
Vatican City abolished the death penalty in the tiny independent city-state in 1966. Until then, anyone convicted of attempting to kill the pope could be sentenced to death.
The Vatican legal code even at that time was moot, because the l^ateran treaties of 1929 between the Vatican and Italy gave Italy the responsibility of trying anyone convicted of a crime on Vatican soil Capital punishment is
illegal in Italy.
The pope, in a white cassock and skullcap and a red shawl, called for a reduction of nuclear and conventional arms and said “peace cannot be constructed by one side without the other, unilaterally.”
He said a “true internal dialogue” is necessary to resolve "the serious problem of social misery and internal tension" in Central America, where “outside interference” is widening the gap between political factions.
The pope is traveling to Central America at the end of February or the beginning of March, according to Vatican sources. The Vatican has not announced the trip officially or given a schedule.
The pope made his remarks to 2(H) diplomats accredited to the Holy See gathered in the Apostolic Palace’s Royal Hall. Most men dressed in white tie and tails and women wore long dark dresses. Some African diplomats wore traditional dashikis, brightly colored tunics.
“The church cannot remain silent to the criminal action of making a certain number of people disappear, without trial, leaving their families in a cruel state of uncertainty,” the pope said, in w hat Vatican observers called a reference to Argentina’s military junta.
“The Church takes into its heart all those who are submitted to torture, whatever the political regime might be,” John Paul said. He also condemned arbitrary arrest, concentration camps, and “various forms of oppression.”
Pot plane downed
BRADY (AP) - Three people remained jailed in lieu of $1.2 million bond Saturday after U.S. Customs agents forced down a plane loaded with marijuana at this central Texas town.
The twin-engine aircraft was forced to land at Brady Municipal Airport about 4:45 a ni. Thursday by a planeload of federal agents.
McCulloch County Sheriff Glen Weatherman, whose department aided in the arrests, estimated that 120 pounds of marijuana were seized from the plane.
Peace Justice G A. Bareckman said
Saturday he set bonds totaling $1.2 million for the two men and woman, who are charged with felony possession of marijuana.
Bareckman identified the trio as Allen Poe, 36, of Wichita, Kau., with bond of $100,000, Oscar Flores Garcia, 38, a Mexican national, with bond of $1 million, and Cira Bocardo, age aru address unknown, with bond of $100,000.
The high bond was set for Garcia to assure his appearance at a court hearing, Bareckman said.
A grand jury will convene Friday to consider indictments, he said.
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