Asbury Park Press from Asbury Park, New Jersey • Page 2

A2 Asbury Pari Aug. 30, 1984 Prosecution brief urges judge's removal Mnlan said, took the proper actions Dy consutlint The canon of Judicial lawyers and reporting the situation to Conduct require judge to disqualify the proper authorities, hfmsdf from a case in which he has a Yaccarino's actions show he "need-T Li inu.rL 1 n0 inducement to take advantage of Thai STptties in the case agree the opportunity" Manzo seemed to be, to the financiaT arrangement is no de- offering, Nokn said, 7 Nolan said. Thc knx ar8ued dunn8 the "it hardly bears citation that the hearings that Yaccarino's actions were lair administration of justice requires a a result of medical problems, eluding In the process of handling the case and proposing the purchase, he met with the Manzos in his chambers without court reporter or lawyer present, he said. The judge then tried to have tapes of conversations about the purchase and appraisal destroyed, Nolan said. Yaccarino asked Ocean Township lawyer Richard L.

Bonello to help enter statements into the court records saying the tapes did not exist or did not contain any important conversations, Nolan added. At the time of the incidents, Yaccarino refused to report his interest in the house to the proper authorities and did not disqualify himself from the case, Nolan said. In explaining the events to the panel, he "fabricated a completely different version of the facts," according to the brief. He "tried to claim the attorney-client privilege" to keep the panel from obtaining information. He also denied talking to an appraiser about getting a low appraisal of the house and denied discussing buying the house at a price below the market value when testimony and the tape recordings refuted this, Nolan said in the brief.

Yaccarino's "efforts to disguise the transaction illustrate his awareness of selves," he said. "I don't think it is wise to comment before then." Legal briefs are expected to be filed within a few days on other charges of which the panel found Yaccarino guilty, including purposely concealing an interest in two liquor licenses, trying to use his judicial power to influence law enforcement officials on behalf of his daughter, and engaging in irresponsible and improper conduct on the bench. The papers filed yesterday outline the reasons Nolan says the Supreme Court should accept the recommendation of the three-judge panel to remove Yaccarino from the bench. "The deliberately deceptive defenses utilized by the respondent (Yaccarino), as much as the substance of the actual evidence presented to the hearing panel, demonstrates his unfitness to hold office," Nolan said. In recommending his removal from the bench, the panel found Yaccarino guilty of misconduct in the handling of the distribution of the corporate assets of the Manzo brothers.

One of the assets in the case was a house on Philadelphia Boulevard in Sea Girt appraised at 166,000. Yaccarino tried to arrange to have the property reappraised for $60,000 and to buy the house through a third person, Nolan said in the brief. By KAREN DE MASTERS Press State House Bureau TRENTON Superior Court Judge Thomas Yaccarino used "deliberately deceptive defenses" in his answers to judicial misconduct charges that warrant his removal from the bench, a lawyer prosecuting the case said in a brief filed with the Supreme Court yesterday. The actions of the respondent (Yaccarino) in defending the charges against him threaten to discredit his public office and the oath he so clearly failed to honor," J. Michael Nolan Morristown, said in the brief.

The brief summarized the findings of a three-judge panel that heard more than 14 days of testimony on Yaccari-no's handling of a civil case involving Patrick, Joseph and Michael Manzo. The charges resulting from the Manzo case are part of a series of accusations of judicial misconduct that were the subject of 32 days of hearings conducted by the panel, which was appointed by the Supreme Court. Legal briefs answering the charges are to be filed with the Supreme Court Sept. 7, according to Michael D. Schottland, Yaccarino's lawyer.

Schottland declined to comment on the charges contained in the papers filed yesterday. "Our briefs will speak for them I i 'v Wreckage of unarmed B-1 bomber Bomber From page Al Development of the B-1 began in 1970, and its history has been characterized by sharp debate. The Defense Department has argued that the nation needs an advanced, multipurpose bomber with low-flying capabilities to penetrate enemy defenses. Critics say the B-1 is expensive, lacks maneuverability and that its job can be handled by existing B-52s. After rejection by the Carter administration in late 1977, the B-1 En Sundws Press Lotteries Aug.

29. 1984 New Jersey Pick-It 275 Straight Bet $254 Box Bet $42 Pairs: $25 Pick-4: 8603 Straight Bet $3,04 Box Bet: $127 Hew York Daily: Lotto: 1,64947,44 Supplemental: 42 Pennsylvania Daily: 141 Big-4: 6673 Index Sections Business D13 Classified E1 County C1 Home B1 New Jersey A3 Panorama C9 Sports D1 Columnists Dear Abby C11 Erma Bombeck C10 Art Buchwald A23 Dan Dorfman D14 Bill Doyle D17 John Geiser D8 Joe Gergen D1 Heloise C21 James J. Kilpartick A22 Jack O'Brian C20 Sylvia Porter D15 Jane Bryant Quinn D16 Andy Rooney C9 Peter J. Steincrohn C21 Dorothy Storck A4 Andrew Tully A22 Features Arts and Leisure C17 Births A21 Bloom County A23 Bridge D22 Comics D22 County Brief C2 Crossword Puzzle D22 Datebook E22 Editorials A22 Engagements C12 Forum A23 Horoscope D22 Lifestyle C10 Movie Timetable C18 National Briefs A6 A20.A21 People and Places A4 Personalities C9 Racing D1 1 Reading Room C18 Scoreboard D4 Stocks D18 Television C22 Today in History A22 Trouble Shooter D15 Weather A4 Weddings C12, 15, 16 World Briefs A9 THE ASBURY PARK PRESS The Asbury Park Press is published daily and Sunday at Press Plaza, Asbury Park, N.J. 07712.

Second class postage paid at Asbury Park, N.J. (USPS 033-440). To Call The Press 201-774-7000 In toll areas call free: Circulation 800-822-9779 Classified 800-822-8988 News, other offices 800-822-9770 From the Asbury Park area call: Classified 201-774-7030 Circulation 201-774-7077 Corporate Officers Jules Plangere Jr. E. Donald Uts Chairman of the Board President Robert E.

Murphy Thomas W. Jobson Sr. Vice President Vice President Finance News Jules Plangere III Charles W. Rrtscher Vice President Vice President Operations SalesMarketing Alfred D. Couurtonl Anthony J.

Ordine Controller Director of Systems Call The Editors To report a newsworthy incident 24 hours a day, can tne uty uesk. 10 reach an eat- tor with a suggestion or request, or to comment on the accuracy, fairness or prototype lies yesterday on Mojave Desert after it crashed and burned, killing organic oram uuiubs u.c Juugc suner- ed after triple-bypass heart surgery. Yaccarino "failed to produce any evidence of organic brain damage" and did not prove he was incapable of understanding his conduct, Nolan said-Even if medical problems did have bearing on his actions, they would' -de a defense for misconduc, nQ fe K6gM accordi t0 the brief. jhe purpose of the removal hear ings is to protect the public from uV actj0ns of a judge, not to punish the" judge, Nolan said, so the intentions of person charged are not an issue. Yaccarino has been on temporary suspension with pay since Feb.

1, wnen tne supreme oun Advisory Committee on Judicial Conduct charged him with misconduct 1 He has applied to the governor's office for a disability pension because of poor health, including a bad diabetes, gout and high blood pressure; I I Associated Press low-speed, low-altitude test flight. launched cruise missiles with nuclear" warheads as well as conventional and nuclear bombs. Senior Airman Tom Bcnnas said the crashed B-1 A carried no warheads, but may have hid "dummy" bombs aboard. The B-1 is designed to fly at low altitudes to avoid radar, which makes it necessary to move at relatively slow speeds to avoid high points in the terrain. Sen.

John Glenn, the former astixv" naut who made an unsuccessful bid'' for the Democratic presidential nomi- nation, had flown in the same jet during an Aug. 22 stop at Edwards, said spokesman Dale Butland. 15 are arrested in city sweep -on prostitution Press Staff Report ASBURY PARK Police said 15 men and women were arrested last night and early today in a prostitutioit; sweep by officers posing as prostitutes and solicitors. Lt David Parreott, Jr. said the ari rests were made at various locations irr the city between 8 p.m.

yesterday and! 3 a.m. today. Those arrested and charged with; soliciting for prostitution includej Barry R. Oldenburg, Ocean Roadj Point Pleasant; David Nesheiwat La-; raine Bradley Beach; Carlo Catano, Fourth here; Williani Molinaro, W. Hurley Pond Road, Walt Township; Eric D.

Flynn, Stratford Place, Lakewood; Peter T. Heynyj Lewis Ocean Township; Steve, Finelli, Kearny; Christopher Ainspar Manhattan Beach, Calif; Harve Young, Pharo St, Neptune; Stephal; Miranti S. Bath Lont Branch; Michael Warshawer, Cheryl Drive, Ocean Township; Julia Baue Hendrickson Long Branch Sharon Neal, Sixth Neptune Renee Jordan, and Doris Hurt, adp dresses unknown. Additional charges were against the following: Neal and Jorda obstructing traffic; Bauer, harassment and using profanity; and Warshawer, possession of cocaine, possession' of cocaine with intent to distribute. Bauer, Neal, Jordan and Warsharw-er are being held in the city jail in $2500 cash bail, Parreott said.

All others were released on $2500 bail each. I All the dealers! I want to be1. We I want you, the cus-l Itomer, to be1. 1 I LESTER GLENN I BU1SEX-ISUEU I TOMS RIVER 1 i.W to he free of anv pecuniary inter- o- est in a matter oeiore rum, nuw said. "It is difficult to imagine more serious misconduct on the part of a judicial officer," the brief said.

KTlns However, tne private cunvciMuum in the judge cnamoer, wwen ncum- no said occurred with the consent ot the Manzos, warrant censure rattier than removal, Nolan said. i i- Such conversations are prohibited by judicial canons to prevent a litigant from feeling he can influence the court and because public, written records of all court proceedings are necessary to the judicial process. Vaarinn also areucd the charges were a result of a plan to entrap him, which was designed to destroy his reputation and judicial position. But Nolan said in his brief the nthpr twinlc involved in the Dotential sale of the house and the handling of the tape recordings were the ones who rw pilot and injuring two others, during Hoquiam, and Capt Otto J. Waniczek 30, a flight engineer from Seattle.

Both were in stable condition at Antelope Valley Hospital in nearby Palmdale. A formal Aircraft Accident Investigation Board will be named within a few days to probe the crash, Air Force Col. Alan Sabsevitz said yesterday as investigators began arriving to examine the wreckage and flight tapes. "It's going to be quite a while It can be a matter of months," before the cause is determined, Sabsevitz said. The B-IB is to replace aging B-52s and eventually carry up to 14 air- blackjack game, Jacobson gained wider publicity for his criticism of the singer.

Division officials, who interviewed Sinatra and Martin in the investigation, said both cooperated fully. "While there may be private criticism of the conduct and remarks of Mr. Jacobson," Rudin said, Sinatra lamented the lack of outcry from "either appointed or elected officials or from any of the prominent citizens who have called upon him to render his services for charitable causes or even from the board of governors of a hospital that has insisted on putting his name on one of their buildings." A wing at Atlantic City Medical Center is named for the singer. The Sinatra blackjack game received wide publicity when gaming regulators reported they were looking into it earlier this year. According to their reports, Sinatra, Mrs.

Sinatra and Martin approached a table about 1 a.m., after the singers performed in the Golden Nugget's theater. Sinatra bought into the $25-mini-mum game for $2,200. He reportedly lost about half in a few minutes of play- In the game, which was videotaped, Sinatra and Martin can be seen to handle chips and cards illegally, according to investigators. And, they said Sinatra instructed the dealer to deal from a single deck, a violation of house rules. The singer also told her to deal out of her hand, breaking state law.

When the dealer, a Korean named Kyong hesitated, Sinatra told hen "You go back to China," Ms. Kim told investigators. The six commissioners unanimously voted to penalize the casino and employees, but Jacobson went beyond their ruling to place the brunt of blame on Sinatra. "When a folk hero like Frank Sinatra walks into a casino and exhibits himself like an obnoxious bully," Jacobson said at the time, "it may well be time to consider the licensing of entertainers." Regulators have begun to require licenses of some casino lounge acts and their agents. License rules eventually may be extended to headliners, according to investigators, a a -J project won a new lease on life from President Reagan.

The House and Senate approved Reagan's request for $8.3 billion for 34 B-1 planes in fiscal 1985. Eventually, the Pentagon intends to buy 100 B-ls at a cost now projected at about $28.3 billion. "Any tragedy like this is bad news," said Wolfgang Demisch, an aerospace analyst at First Boston Corp. "But in terms of Jhe specific B-1 program, I don't expect it to have any impact." "It shouldn't be a setback," said Rep. Robert Badham, a longtime B-1 supporter.

His comments were echoed by some of the plane's detractors, includ Regular features FAMILY WEEKLY. Have sports heroes gone away, or did we just grow up. Sports columnist David Kindred -explores the question in a provocative article, "Where have all our heroes gone?" MOSTLY COINS. If you're looking to buy or sell coins, you'll want to read Elmer Curran's column on the upcoming Ocean County Coin Club's annual show. FOUR FOR FORE.

Travel writer Steve Birnbaum tells of four places that combine the beauty of fall with the love of the game. pur ing Rep. Thomas J. Downey, and Sen. Sam Nunn, D-Ga.

Nunn told CBS he did not think the crash "has any implications in terms pf stopping the B-1 program. I think 'it may at most slow it down. Any aircraft can crash." The dead pilot was identified as T.D. "Doug" Benefield, 55, of Marshall, Texas. Benefield, the chief test pilot for Rockwell's B-1 program, was a veteran of Air Force F-4C Phantom combat missions in Vietnam and the man who made all the early B-1 test flights.

The injured were Maj. Richard V. Reynolds, 35, an Air Force pilot from Sinatra From page Al Jacobson said yesterday he was sorry to hear Sinatra had abandoned "one of the theatrical profession's most noble traditions: 'The show must go "However, I am aware that many performing artists are emotional individuals who frequently erupt with temper tantrums," Jacobson said. "Frank Sinatra is one of the world's greatest performing artists and he is entitled to have his temper tantrums." Golden Nugget Chairman Stephen Wynn, contacted in Las Vegas, said he will react to the apparent loss of his top East Coast drawing card next week, when he is scheduled to appear before the commission. The hearing, scheduled Sept 6 and 7, is part of the casino's annual re-licensing application.

Wynn declined comment on the canceled Sinatra dates, which Rudin said the casino agreed to. Singer Kenny Rogers has agreed to fill in for Sinatra and Martin, Rudin said. Asked if he would confront Jacob-son, Wynn said: "I think it would be dangerous for you to presume anything I'm going to say." Wynn has become something of a celebrity himself, as a result of his television commercials touting the Golden Nugget with Sinatra. Rudin said all upcoming Sinatra shows here will be rescheduled at the company's Las' Vegas casino. The lawyer said nothing about Sinatra's role as a spokesman for the casino here.

The singer reportedly has a $10 million contract with Wynn. According to Rudin, Sinatra was upset because he was once before confronted by state officials. The singer was subpoenaed to testify 10 years ago in a State Commission of Investigation probe of organized crime. "It was just another media circus which was embarrassing and demean- ing to Mr. Sinatra," Rudin said.

Rudin noted that, while the state Division of Gaming Enforcement reported the "true facts" of the Dec. 1 IF YOU think Family Feud" and "Wheel of Fortune" are state-of-the-art game shows, you should have been around in the '50s and '60s when Roger Peterson was involved with "I've Got a Secret" the cast of which is shown here (from left, seated) Bill Cullen, Betsy Palmer, Henry Morgan and Bess Meyerson and "To Tell the Truth. An Arts Leisure interview with the Long Branch resident offers insights into the success of early game shows and how they affected today's TV. Also SURPRISED BY SUCCESS. The fuss has died down a bit, but best-selling author Helen Hooven Santmyer, 88, is still at a loss to explain the popularity of a book she thought most people wouldn't want to read.

Books has the illuminating story. JAPAN. Once the cultural shock Is over, you could develop a yen to stay. A Travel Section cover story explains why. LABOR HOME.

An old Haledon 12-room home was the rallying pint for 24,000 skilled silk workers when they struck the Paterson mills in 1913. Now it's the site of a labor museum and will be visited by thousands this Labor Day weekend. adequacy ot news coverage, can the following persons weekdays: General news: Raymond Tuers, asst. managing editor Municipal and county news: Frederick J. Kerr, suburban editor State and national news: Gary H.

Oeckelnick, state editor Sunday edition: Gary Schoening, assistant Sunday editor Editorial pages: Rick Makin, editorial page editor Lifestyle and entertainment news: Frank O'Hearn, Panorama editor Sports and recreation news: Joseph Adelizzi, sports editor Business news: David C. McOaniel, business editor If you have a news tip regarding waste or corruption in public affairs, send it to: Investigations Desk, News Department, Asbury Park Press, Press Plaza, Asbury Park, N.J. 07712. All correspondence will be kept confidential. Bureau Offices Atlantic City Newark Press Room 50 Park Race Ccty Hall Suite 629 604-345-2200 201-824-3533 Brick Township tad Bank 1692 Route B8 15 Monmoutti St 201-458-8220 201-741-5400 Freehold Toms River 29 E.

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Subscription rate tor students and servicemen available upon request PIUS TVweek Family Weekly Kenneth Harney on Real Estate Doris S. Grossman's Boardwalk Beat Lee Pantano's Casino Line Sheila Me Fadden's Dining Out Buying Wise People Only Yesterday Patricia Contreras on Nature in the News Jack Hastings on Science Trouble Shooter Bernard Meltzer's Real Estate Problems Dear Abby David C. McDaniel's Wine column Dan Dorfman Elmer Curran on Coins George Brown on Stamps Harry Conover on Chess Poetry 1.