The Bakersfield Californian from Bakersfield, California • Page 23

Mrs. Terry Amstel Testifies Before Audience at Riese Hearing WITNESS DENIES GIVING FALSE TESTIMONY Attorneys Clash as Hearing Nears End LOCAL SECTION BAKERSFIELD, CALIFORNIA, THURSDAY, SEPTEMBER 13,1962 PAGES 23 TO 36 Brown to Be Honor Guest at Barbecue More than 4,000 tickets will go on sale today for the "Kern County Salutes a Great Governor" barbecue to be held at Hart Memorial Park in honor of Gov. Ed mund G. Brown. Principal speaker will be Gov.

Brown, co-chairman Don Hart of the salute barbecue committee announced. Other speakers scheduled are Sen. Walter Stiern, Assemblyman John Casey and Assemblyman John Williamson. "Only advance tickets will be sold," Hart said. "No tickets will be sold at the barbecue itself.

Deadline for ticket sales is next Wednesday, Sept. 19." Tickets, Hart said, are available at the Democratic Headquarters, 1417 17th and Brown's headquarters, 1403 17th St. Price is $1 for adults and 50 cents for children. Co-chairman of the barbecue committee along with Hart is John Kovacevich. Barbecue chef will be Eddie Mayo.

Four Bakersfield Men Arrested in Gambling Raids Bakersfield police and sheriff's officers co-operating with federal agents have arrested four Bakersfield men and sei2ed race wagering paraphernalia in one of a series of gambling raids across the country. The lS-state drive against gamblers accused of failing to buy $50-a-year federal tax stamps was the eighth in two years by federal agents. Taken into custody Wednesday afternoon and arraigned before U.S. Commissioner William Hulsey were James Monroe, -53, 3913 Noel Paul Baker, 57, 4000 Dana Edward Dewey Abbott, 63, 1824 17th St; and Arthur Scott McLean, .41, 1614 Antonia Way. They were released on $1,000 bail pending hearings in federal district court.

Baker was arrested on a local golf course just as he was preparing to tee off, officers said. Monroe was taken' into custody at the Sierra Smoke Shop on Union Avenue. Agents seized Abbott in the 3300 block of Chester Avenue and the fourth defendant, McLean, was arrested at the Wisteria Street address where officers said they confiscated a radio and gaming paraphernalia. Police said federal agents had been working with local authorities the past eight weeks develop- see page 24 Photos Bill Gharrity, The Colifornian's veteran city hall reporter, questions Bakersfield Recreation Director Herman W. Riese during a recess in the Civil Service hearing on charges against him last night.

Sitting next to Gharrity is S. B. Gill, Riese's attorney. Also shown are William B. Carpenter, president of the Kern Athletic Association, and Councilmen Don Doolin, Bruce L.

Marchbanks and Dick Mossman. HERB EVANS former boss SOLON WISHAM denies perjury DICK MOSSMAN city councilman JACK FERENCE financial director Assemblymen to Debate Merits of Anti-Red Bill San Mateo Assemblyman Louis Francis, author of a proposal to outlaw communism and subversive organizations in California, and Bakersfield Assemblyman Jack Casey will meet tonight on a televised debate over the merits of Francis' proposal. The anti-communist plan will appear on the November ballot as proposition 24. If approved, the measure will be added to the state constitution as an amendment. Francis, a Republican, will meet, his Democratic opponent at 10 p.m.

in an hour-long program. The first 30 minutes will be devoted to a formal exchange of views between the two assemblymen. In the final half hour Francis and Casey will answer questions from a panel of newsmen. Representing The Bakersfield Cali- fomian will Ralph Kreiser, editorial writer. S.

B. Gill, attorney for City Recreation Director Herman Riese, and Mrs. Gill took notes during the testimony of former recreation department worker Solon Wisham at last nighfs hearing on charges against Riese. Gill explained he was trying to keep the record straight for possible bar action regarding due process of law. Accusations of perjury and violation due process of law exploded during the hearing of suspended city recreation director Herman W.

Riese before the civil service commission trial board last night in City Hall. The city rested its case last night and Riese's attorney, S. B. Gill, called one witness to the stand, Kern County Director of Parks and Recreation Herb Evans. Gill said he would be able to close his case tonight depending upon the length of cross examination.

A series of bitter questions, answers and accusations centered around the testimony of Solon Wisham at Monday night's hearing. Wisham, a former city recreation supervisor, testified to how employes' overtime was handled in the recreation department. Riese's attorney said he would file complaint with the commission's hearing officer, Attorney Walter Condley, for the Kern County Bar Association's consideration asserting City Attorney Ken Hoagland had violated "the due process of law." He also advised three City Council members, Don Doolin, Bruce Marchbanks and Dick Mossman that if Wisham were subjected to prejudice and possible loss of his job as a result of his testimony he would appear before the Council and advise it that such action would be malfeasance in office on the part of city officials concerned. Gill asked Mossman if he threatened Wisham with the loss of his present job as the city's assistant auditorium manager, a position he assumed several weeks ago and after Riese's suspension. The alleged threat reportedly was made in the city attorney's office Tuesday morning during a conference between Hoagland, Mossman, Wisham and Mrs.

Terry Amstel, presently in charge of the city's recreation department pending the outcome of Riese's hearing. Mossman denied the threat but admitted he censured Wisham for his testimony. When Gill asked Mossman if he heard Hoagland tell Wisham his auditorium job was in jeopardy because of his testimony the councilman paused and Gill cut off his cross examination before he answered. Hoagland, who had called Mossman as a city witness, asked the councilman immediately if he had heard the city attorney tell Wisham that he thought Wisham had perjured himself. Mossman said he did.

A few moments later Gill on re-cross examination asked Mossman if it was not true that he and Councilman Don Doolin spent two- thirds of their time during meetings of the Council's recreation committee trying to figure out how to oust City Manager C. Leland Gunn. Mossman said they did not. Gill asked Mossman why he and Hoagland had called Wisham former supervisor in Riese's department, to the conference in Hoagland's office. Mossman reported nothing was said about calling Wisham into the office.

Moments later Hoagland called Mrs. Amstel as a city witness and asked if she heard him tell Wisham anyone who had perjured himself was not worthy of city employment. She said she had. Gill told Hearing Officer Walter oCndley he would file the complaint asserting that Hoagland's actions had violated due process of law. Mrs.

Amstel said Wisham dropped into her office yesterday to see some records. He mentioned he wanted to see the city attorney and with Mrs. Amstel walked to Hoagland's office down the corridor, she reported. Hoagland was in conference with Mossman and when he walked into the outer office Mrs. Amstel said Hoagland remarked he did not necessarily want to see Wisham.

"He was not ordered to my office?" Hoagland asked. "I do not bring people unless they come of their own accord," she replied. The commission recessed during Mrs. Amstel 's testimony and when it reconvened Hoagland asserted "counsel for the accused (Gill) threatened certain members of the Council if anything happened to Doc Wisham's Gill said it was Hoagland who saw fit to make public the recess announcement on his part to councilmen Doolin, Marchbanks and Mossman. It was during this recess that he told the councilmen he believed what happened in Wisham's case was a violation of due process and that he would advise the Council it would be malfeasance in office if Wisham were discharged on, the basis of how he testified at the" hearing.

Gill said such action would make the responsible officials subject to impeachment. The defense attorney said the only people he was talking about were Hoagland and Mossman. Hoagland said if it is true that Wisham jured himself he would be subject to dismissal from the city's service "and brought before the Superior Court." Condley told the two attorneys anything that went on during the recess was not of concern to the commission, except that its members were concerned with possible perjury. "Each side has its own contentions," he added. When Mrs.

Amstel concluded her testimony the commission recallled Wisham to the witness stand. Condley advised Wisham reference had been made as to a different version of his testimony when he was questioned by the city attorney prior to the opening of the Riese hearing. He asked Wisham if he had perjured himself. "I did not," Wisham replied. Wisham said he truthfully answered the questions put to him Monday evening and had never given a different version on the questions he was called upon to answer before the commission.

Under Condley's questioning he said he had never given a written statement or had such recorded on a that I recall or am aware of." Condley excused Wisham from the stand, but Gill interjected to ask the commission if it did not wish to hear Wisham's testimony as to what happened at the meeting in Hoagland's office yesterday. Condley and the commission left the hearing room for a few moments and upon their return he told Gill that the commission would not call upon Wisham for such testimony. "If you wish to call him, that's your privilege," Condley commented. Hoagland called three witnesses tn concluding the city's testimony seeking Riese's dismissal. Mossman was the first and he told Hoagland that in his many visits to the recreation office he was never completely able to define the entire scope of the department's financial system and its programs.

The first time he heard of the Bakersfield Sports Association and the separate bank account was during the audit conducted by McCown Brothers. The Kern Athletic Association was mentioned several times, but Mossman said he was not aware employes of a "tax supported institution" were aiding its programs. When Hoagland asked him if he heard Wisham testify Riese had maintained control of his department and its personnel, Gill objected "if he (Hoagland) is attempting to impeach his witness." Condley permitted the answer and Mossman said he heard the testimony. He reported Riese had recommended the recreation supervisor for a raise during this year's budget considerations, but later withdrew it because one of the supervisors "was not getting along." He said shortly after that he talked to Wisham and in substance the former recreation supervisor said Riese was having personnel problems. Wisham told him that the department was not running smoothly and that ht was going to "try for another job," Mossman reported.

Hoagland and Gill clashed when Mossman was asked by the city attorney to explain the duties and recommendations for which the Council's governmental efficiency committee is responsible. Gill objected unless they related to the recreation department and not to other phases of city government. Hoagland retorted Gill had in his opening statement accused the Council and other city officers of not carrying out their duties. Condley said he recalled Gill's opening statement, but ruled it would be going too far afield from the hearing if testimony of the GEC activities went beyond recreation. Condley said there "is only one person on trial here.

We're not trying the Council or the city manager at this hearing." Hoagland chopped off his questioning at Condley's remark and Gill began his cross examination. Gill asked Mossman about the Council's recreation committee studies of Riese's budget. He handed Mossman some documents and asked him if he had seem them before. They referred to preliminary budget items for Riese's department. Mossman said he had never received such copies, but believed he had reviewed condensed versions of them.

A few moments later the accusations began when Gill asked Mossman about the meeting in the attorney's office. Mrs. Amstel followed Mossman to the stand and testified about office procedures as they applied to her work. Hoagland asked her if see ATTORNEYS page 24.