Democrat and Chronicle from Rochester, New York on September 2, 1979 · Page 1
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Democrat and Chronicle from Rochester, New York · Page 1

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Rochester, New York
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Sunday, September 2, 1979
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Page 1
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Metro High in mid-HOs Details on page 10A 50 CENTS Copyright 1979 Gannett Co., Inc. 147TH YEAR Published by Gannett Co.. Inc.. in Rochester, N.Y.. Sunday Morning. September 2. 1979 wer Dvid oses heads A day vith the Dead Rochester survives a day with the Grateful Dead. Officials are pleasantly surprised that the crowd of 16,000 is well behaved. Details on page IB. Grateful Dead fans have their day in the sun,1 but the music fails to match the beautiful weather. A review on page 1C. Lotto numbers" NEW YORK Six numbers in New York State's Lotto game were drawn last night. The numbers were: 38, 33, 31, 08, 14, 15. Supplementary number: 13. inside Florida has jumped way ahead of other states in pushing the death penalty back into action. An examination of the reasons why is on the other page (14A), where you'll also find an analysis of the buildup in the Carter reelection campaign. In forum, we offer a look at education in the last year of the 1970s and what's ahead (19A). On the opinion page (20A), Des Stone wonders if we'll be willing to pay the price to stop "acid" rain in the Adirondacks. And don't forget the expanded weather page (10A). Section A. The second part of Jack Jones' series on why the mentally disturbed and retarded end up in the Monroe County jail leads off the local section (IB). Inside you'll find the regular health and science pages (4, 5B). Section B. Judy Bennett previews next weekend's Clothesline Art Show and Sale in people plus (1C). Michael Days visits two nuns who have become foster parents in people (3C). In travel, there's a guide to help you take a trip to wine country (15C). Section C. . " Interior designer Gertrude Baumer Edwards is interviewed in at home and discusses how to make your home an extension of yourself (ID). In real estate the Rochester Home Builders' Association announces it will support warranty protection for buyers on new homes (13D). Section D. Rochester Zeniths earn a split of their American Professional Slo-Pitch doubleheader with the Kentucky Bourbon by taking 9-8 nightcap victory. Kentucky wins opener, 22-10. Record Zenith crowd of 3,279 at Harris-Whalen Park in Penfield (IE). Also in sports you'll find Rudy Martzke's preview of the Syracuse football season (IE) and today's guest columnist in sports II, an embarrassed Doc Edwards, manager of the Red Wings (7E). Section E. Think small when you look at the 1980 cars in business. Detroit has even reduced the engines in the new models . (IF). Also on that page, Gannett News Service reporter William Ringle explores the possibility of U.S. workers, through pension funds, gaining ownership of American business. Section F. These are some of the top stories in your improved Sunday D&C. J Books 10C Real Estate 12D Bridge 24TV Sports 1-8E. Business 1-16F Theaters 12-14C Crossword 17TV Travel 15-16C Deaths Forum Help! 7, 8F TV changes 7A 19A Want Ads 8-15F 3B What's Doing 11C 6 NEWS SECTIONS Grand By NANCY MONAGHAN D&C Staff Writer The grand jury. No other aspect of the criminal justice process has created so much controversy in the past decade. Its secrecy invites criticism. Twenty-three people go into a room with a prosecutor and witnesses and hear testimony in secret. It must be a private forum, the system says, to protect the due process rights of the accused. The jurors vote privately, without the prosecutor, on whether to accuse someone of a felony crime. They must deliberate alone, the system says, because they musn't be influenced by anyone. Advocates of the grand jury say it is the only shield in, the criminal justice system between police and prosecutors and the accused.- "The alternative I frightens me," Monroe County District Attorney Lawrence Kurlander said. The alternative is accusation by police and prosecutors without an intervening group of citizens sifting through the evidence. , : ' - " ' V " ' J' ? . i-; i t p. I n ii : ; , ' v ' s: ;i ' - i 4 t: - i tik,, jr jfjf '" 4fi;r,; jrjr iHMiKMrai"" " -imiMiiifmiifr-"i- i in i m -r in r - i iimirrf'T - Some 500,000 miles from its ioneer By ROBERT LOCKE Associated Preu MOUNTAIN VIEW, Calif. Trailb-lazing Pioneer 11 survived two perilous crossings through debris making up the rings around the giant planet Saturn yesterday, then delighted scientists with evidence of a previously unsuspected ring and a possible new moon. A picture and data from the spacecraft convinced researchers that" "about 2.200 miles outside the edge of the (visible) rings there is another narrow ring that was discovered by Pioneer," said Larry Esposito of the University of Colorado. And imaging team leader Thomas Gehrels of the University of Arizona revealed the discovery of what may be an addition to Saturn's family of 10 known moons. The body, estimated at about 120 miles in diameter, is just beyond the rings, he said. Gehrels said it is either the moon Janus, a previously suspected but undocumented small moon, or "it is a new satellite. We will be looking closely for that" as the mission continues. Pioneer, a bit battered from its 6'2-year odyssey through space, skimmed around the planet beneath the rings, sailing barely 13,000 miles from its yellow cloud tops. . The craft then orbited behind the planet, which blocked off radio signals for 79 minutes, before making a somewhat anticlimactic exit dash back past the debris about four hours later. jury system justice behind closed But critics say the grand jury doesn't shield anybody because the prosecutor runs the show. "The district attorney could get a grand jury to indict a ham sandwich if he wanted to," one Rochester defense lawyer said. The grand jury system has had a stormy history since it was conceived in England by Henry II in the 12th century as a tool to consolidate royal power. The church was so powerful that members of the clergy weren't subject to the government's laws, and Henry didn't like it. In the first eight years of his reign more than 100 murders were committed by members of various ecclesiastical orders, and those cases were disposed of in the ecclesiastical courts. Those courts also had jurisdiction over some lay people in matters of marriage, inheritance and property, and Henry's first grand jury system in 1164 was designed to protect his subjects from accusation by bishops. They could be accused only by "twelve lawful men from the neighborhood" under Henry's new system. Thomas Becket, the first prelate of Saturn rendezvous, Pioneer 1 1 snapped this view of the rings. (AP) skims Chief scientist John Wolfe had earlier given the ship only a lto-50 chance of surviving the crossing of the rings, which took less than one second. A collision with space debris believed to be in the region could have irreparably damaged the Pioneer. Pioneer made its first dangerous crossing of. the rings at 10:36 a.m. But mission controllers did not learn its fate for 86 minutes the time needed for a radio signal to travel the almost 1 billion miles to Earth. Earth-based observations had sug U.S. Postal Service may see its first surplus since 1945 By ERNEST HOLSENDOLPH New York Times WASHINGTON The United States Postal Service, long mired in red ink and mounting operating deficits, expects to announce in a month the first revenue surplus since 1945. Postmaster General William Bolger, who took control of the agency a year ago last spring, said in an interview last week that the surplus could exceed $400 million for the 12 months ending Sept. 30. At the end of nine months the surplus was running beyond $500 million, according to Postal Service reports. the English Church, put up with that for two years. When he openly renewed the struggle for church power over the courts, Henry won. While the system began as a protection for the people, it evolved into the "Star Chamber" where jurors accused and also decided guilt or innocence until it was abolished by Charles I in the 17th century. The modern grand jury is simply an accusing body. It's job in criminal cases is to listen to preliminary evidence police have against the accused and then decide if there is enough evidence for a trial. Grand juries can also be convened to investigate matters of concern in the community, as in the case of the probe of corruption in the Monroe County Sheriff's Department. These special grand juries can issue special reports of their findings and propose change as well as make recommendations for disciplinary action against public officials. Sometimes a grand jury's report is not made public for a number of legal reasons and that usually i - .. :, , h..-i.. J : ar i 1 J gested the existence of the new zone of debris, which had been tentatively called a fifth or "E" ring. Pioneer's instruments discovered that the "E" ring is probably composed of ice chunks with a diameter of one-fiftieth of a centimeter and dispersed five yards apart. The 565-pound spacecraft is nine feet wide. The four main rings of Saturn extend out 48,000 miles from the planet's surface. They are believed to also be Turn to Page 3A The postal agency gets an annual federal subsidy of nearly $1 billion, as part of its total revenues that will reach about $18 billion this year. Even with this subsidy the agency, until this year, has not met its expenses in over three decades. And even this year's success is expected to be short-lived because a deficit of at least $475 million is predicted by Bolger for next year. The Postal Service was aided by a boost in postage rates last year that sent first class letter rates up to 15 cents from 13 cents, and corresponding increases in most other classes of mail. Turn to Page 3A prompts lively debate about grand jury secrecy. In criminal cases a grand jury does not decide guilt or innocence. A trial jury called a petit jury decides the facts and announces whether the defendant is innocent or guilty beyond a reasonable doubt. Saturn f o wa rd Effects so far (3A) Associated Press SANTO DOMINGO, Dominican Republic Hurricane David pounded the Dominican Republic and Haiti yesterday and with about half its force lost slashed into the mountains of eastern Cuba. It moved slowly along Cuba's northern coast toward Havana, some 500 miles away. The U.S. National Hurricane Center in Miami issued a hurricane watch for southern Florida, from Palm Beach southward throuth the Florida Keys to Dry Tortugas. A spokesman at the center said there was no evidence David would head toward Florida, 600 miles away, but if it should break away from Cuba and head north it could could move very rapidly. "It's really hard to say what can happen. There are a lot of factors involved," said Bob Case, a forecaster at the center. "If the center remains over land, strengthening will be very slow ... if the center reorganizes over the open water north of the coast, David could strengthen rapidly as it moves toward Florida." At 6 p.m. EDT, David's center was at 21.0 north latitude and 75.0 west longitude, the hurricane center reported. A cold front bearing down from the north is affecting David, Case said. "It could hit Florida and move on up the coast, or it could move west to the Gulf of Mexico." Lt. William McLoughlin, a Navy spokesman in Norfolk, Va., said the navy was not worried about the huge U.S. base at Guantanimo, Cuba. "Approximately 900 navy personnel dependents and navy contract employees are being evacuated from Andros Island in the Bahamas chain. Evacuation will be completed by noon tomorrow, well before the storm reaches the island," he said. David had not been expected to hit Santo Domingo in force, but late Friday it suddenly turned north and for four hours ravaged the city of nearly one million residents. Officials said one person was killed and many injured in the capital, and in Santiago, 96 miles to the north, 13 persons were missing. President Antonio Guzman declared a state of emergency and asked for Organization of American States assistance to help the nation recover. Losses were estimated in the millions. The Haitian capital, Port-au-Prince, protected by mountains, was unaffected by the storm, residents said. In Cap Hatien, to the north, only slight damage was reported. When the huge storm roared across the island of Hispaniola, which includes the Dominican Republic and Haiti yesterday the passage over land reduced its winds from 150 mph to 75, but its return to sea gave it time to strengthen, forecasters said. In Havana, a Cuban official said storm warnings were issued for the eastern coast, but civil defense authorities had not decided whether to mobilize. About 500 miles southeast of the Caribbean, in the south Atlantic, Frederic was upgraded from a tropical storm to a hurricane as it headed west, threatening the same islands devestated by David. And Tropical Storm Elena, moving along the eastern coast of Texas in the Gulf of Mexico, was downgraded to a tropical depression. I "Grand jurors sometimes have a hard time with the innocent until proven guilty concept," said Herbert Wil-burn, who was the foreman of the December 1978 county grand jury. In the 12th century the accused had to , prove his innocence before Henry's grand juries. Now the accused doesn't In Santo Domingo, David's winds uprooted trees, snapped utility poles and littered rain-swamped streets with the rubble of fragile island homes. "Everything is destroyed," said one reporter who left shelter and examined Santo Domingo. Houses were flattened, power lines lay like tangled spaghetti and, people were dazed. Most communications on and from the island were cut by the storm, but the government had cut off electricity as a precautionary measure and herded residents into shelters to wait out the worst of the hurricane. Troops, who spent much of the day moving residents of low-lying areas to high-ground shelters, patrolled the littered streets of the capital overnight to guard against looting. The storm hit the Dominican Republic after sliding south of Puerto Rico Friday. David ravaged three of the Windward Islands Dominica, Martinique and Guadaloupe on Wednesday when it entered the Caribbean from the Atlantic. Floridians bracing for worst UPI and AP ' KEY WEST, Fla. The plywood covering the windows of Kennedy's Art Studio on Key West's nearly deserted main street bore a defiant message yesterday: "Davidi we are ready." Floridians were buttoning up yesterday for Hurricane David, a killer storm slashing across the Caribbean. Hardware stores, supermarkets and the few open gas stations were crowded as residents of southern Florida prepared for the ..vorst. The National Hurricane Center, worried that David could regain strength overnight, issued a hurricane watch for southeast Florida. Dr. Neil Frank, director of the center, said the watch, in effect from the Florida Keys to Palm Beach, "doesn't imply immediate action. People should just be ready." He said that if David, slowly moving along Cuba's coastline, should make its way back out over water, it would begin moving rapidly. Gov. Bob Graham said the Florida Highway Patrol will send extra troopers to the Keys to help with the potential evacuation. Graham also placed some National Guard units on alert. However, some young residents on Key West were laying in liquor supplies for hurricane parties. "There is a carnival spirit in the air," said Tony Tarracino, owner of Capt. Tony's Saloon. "There is now a new generation who has never before seen a hurricane, and they think that this will be the time to go out dancing in the streets. They are talking about taking out their bicycles and riding through the streets when the eye passes through." Some older Keys residents were clearing out. A spokesman for Air Florida said the carrier's hourly flights from Key West to Miami were booked solid yesterday. doors have to prove anything. It's up to the prosecutor to prove his guilt at the trial. "Some of our jurors had shady ideas and kept forgetting the idea of sufficient evidence," Wilburn said. "Sometimes they acted as though they were Turn to Page 2A '4

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