Albuquerque Journal from Albuquerque, New Mexico • Page 2

A 2 ALBI QI ERQI JOURNAL TueMlay. June 5. 1973 School Plans Get Approval -V-, e(KNr V- ch Kv-- A A i c- f- TAXIN' IT EASY: Like all Romans who move into the sunshine to dispel the winter's gloom, this polar bear in the Rome Zoo basks in the he's daydreaming of that the summer heat (UPI Telephoto) Jf'- spring sua Or perhaps cooler climes, knowing isn't far ahead. Continued from A-l Consent Law Conflict Seen A conflict hat developed between the Municipal Court and the Albuquerque Police Dept. policy for arresting suspects for driving while intoxicated (DWI).

The confusion involves the state'i Implied consent law arid the Supreme Court's Miranda ruling requiring that a suspect be advised of hit rights as soon as he is in police custody. THE INCONSISTENCY was accentuated last week in the court room of Municipal Court Judge Harry Robins when a DWI defendant told the judge he had not been advised of his constitutional rights prior to the administration of a field sobriety test including such things as walking a straight line. The problem is that if police fail to advise the suspect of hit rights before administering the field test, that evidence cannot be used to convict him of DWI. And if they do advise him before the test, the Dept. of Motor Vehicles may not be able to revoke his license administratively.

The police policy states that a DWI suspect should be read his rights which include the right to remain silent and refuse to submit to a field sobriety test as soon as the officer has determined that "probably cause" exists for arrest. HOWEVER, the field sobriety test is included in the policy as a method for establishing probable cause. Thus it is a matter of procedure to give the test before advising the suspect of his rights. Police Sgt. Kenneth Neher, who works with the Alcohol Traffic Safety Program (ATSP), told the judge be (Robins) had concurred with the policy in signing a memorandum circulated in January.

The memorandum was attached to a copy of the police general order outlining DWI arrest procedures. 1 Robins denied having approved the policy and said he would not concur with a procedure which involved administering a test before the suspect is appraised of his rights. THE STATE'S implied consent law holds that a driver believed to be drunk can lose his license through administrative action if he refuses to submit to more conclusive tests at the police station, such as blood tests and videotape procedures. According to the Miranda ruling, advisement of rights is mandatory before the field sobriety test is administered. The Dept.

of Motor Vehicles (DMV) unlike the court, is not bound by rules of evidence. Thus the DMV relies heaviley upon the evidence of field tests in revoking the license of a driver who refused to take the blood test. IF THE SUSPECT has been properly advised of his rights and he refused to take the field test, the DMV might lack the grounds for revocation. "It boils down to a value judgement on the part of the police, "assistant city attorney Doug lienson said. "They have to decide who to please the court or the Dept.

of Motor Vehicles." Since few defendants plead innocent and come to court represented by an attorney, the police have apparently opted to please the DMV. "I CANT criticize them," lienson, a former policeman, asserted. "I don't like it, but I can see the reasons for it." Henson said an arresting officer's difficulty in clarifying the difference between a suspect's rights under the Miranda ruling and under the implied consent law was understandable. "Who could dispute simplifying the procedure for a drunk at 3 a he asked. JUDGE ROBINS could and does dispute it.

"I rule in my court that they have to admonish person as soon at he't under their control in custody," Robins said. "They (the police) know that't my policy and they keep doing it. There't no contest between the police department and me they know my policy," he said. Spacewalk OK'd Thursday To Fix Skylab Power Wing orbital workshop during the past week in a water tank at Marshall, used to simulate weightlessness. side their house-size before going outside.

These techniques included do it right than do it rushed," "It's an activity where the the restraints (to hold a spaceman steady and keep him away) are at best marginal." five-section telescoping rod between spacewalking airlock and the jammed wing to provide a temporary handrail, and using a bolt-cutter, a pry bar and if necessary a surgeon's bone saw to cut a piece of aluminum strap binding the wing was marred by one failure on An 18-foot sounding rocket, cloked. THE STRAP was part of White Sands, N.M., to verify radiation measurements made by telescopes, went out of control when the aluminum heat and "meteoroid shield tore away from Skylab during blown up by a range safety launch May 14. The astronauts bad tried and failed to lean out their Apollo command ship wing open when they flew up to Skylab 10 days later, but found the strap held it firm. clamping a THE DAY the ground. the debris left omcer.

the hatch of and tug the Wednesday Continued from A-l wolld have seen the would assume Mr. (Jonathan an action of "I'd rather Schneider said. handholds and weightless from floating launched from solar Skylab's and was But Kerwin, fly in space, in floating off while to determine to weightlessness He said in the actions of the involved. Another Continued from A-l lation of the entire system to a structure of grade schools encompassing kindergarten through grade five, middle schools of grades six through eight and high schools of grades nine through 11 Other aspects of the proposal were the construction of two new elementary and two middle schools and extensive boundary changes affecting numerous school districts. ALL PROPOSALS, developed by a special committee after extensive study, are aimed at alleviating problems of overcrowding in some areas and declining enrollments in others due to shifting population patterns and birth rate trends.

The motion to accept the proposals came at the end of a lengthy prepared statement by H. M. Willis board president, that included a review of the public hearings held after the initial May 21 APS presentation and other communications of citizens with the board. Discussion following the motion focused mostly on theproposed closing of Yucca Elementary and Monroe Junior High, but made no mention of Lincoln another closing that has been protested or of a previous threat of legal action to stall the closings. ALSO PRESENTED was a request from a Four Hills resident asking the board to consider making special arrangements so Four Hills students, now in the Manzano High district, can participate in extracurricular, after-school activities when the district is transferred to Highland.

The resident also repeated an earlier plea that the board consider establishing a "mini" elementary school in the Four Hills area so children will not have to attend Sandia Base Elementary, with a "transient" population some parents consider disadvantageous. PARENTAL participation in an APS study of the situation was requested by the spokesman. Objections to closing Yucca centered around a study spokesman said they hadmade and Willis statement said the board "acknowledges gratefully" that reportedly showed four schools designated to absorb Yucca pupils will be overcrowded. Apartment construction and establishment of mobile home courts were among reasons given for the projected overcrowding. WILLIS, who fielded most of the questions from the calm but persistent crowd, pointed out repeatedly the figures in the study conflict with those from an actual APS count and also noted Zuni, which can take many more students, was not included.

SOFA the first U.S. physician to reported an "amazing breakthrough" the astronauts' problem of the seat of their bicycle exerciser doing an experiment designed whether prolonged exposre weakens the heart. Initially, Schneider had set as the earliest opportunity for the space-walk. The one day delay allowed time for the astronauts to rehearse the repairs in- Fund Probe 'Inconclusive1 He also offered T.W.H. Caffee and E.

W. Shepherd, who spearheaded the study and did most of the talking for Yucca, oppor-" tunity to see the APS figures, which they said had not been available to them. The objections by Monroe parents, led bynew Parent-Faculty Club President Martin Eckert. centered largely on safety problems at schools Monroe-area students will attend, whichthey said were as severe or more severe than the present ones. ECKERT ASKED for a 30 to 60-day postponement of a decision on Monroe pending presentation of an alternative study by Monroe parents who have fought proposed closure for several years.

Eckert conceded, however, that the study has not been made. Willis pointed out that closing Monroe was proposed in a Future Schools Study about four years ago and in other studies since then. Eckert said all the studies were "predicated on closing Monroe and none on keeping it open." SEVERAL Monroe parents suggested that Hayes, one of the schools Monroe-area students are slated to attend, be closed instead, and said closing Hayes would affect only about 350 youngsters instead of the more than 600 at Monroe. Willis, returning repeatedly to the safety question, noted a Feb. 14 letter from then-Police Chief Donald Byrd recommended Monroe be converted to a career education center because of the heavy traffic and safety problems in the area.

He also referred to acknowledgements in his prepared statement that include two about a letter to the "editor" and list of 20 questions from Mrs. Shirley Wootton about Monroe which he said had been answered in a statement sent to news media. THE STATEMENT said "the board believes that sufficient study has been given the Monroe questions over the past five years (and) that it is unlikely any new data can be introduced Albuquerque Journal PO Drawer Seventh 4 Silver, SW Albuquerque. 87103 Phone 842-2300 SuNcnptton ri morning and Sunday hy carrier SV per wek Sunday Only hy carnw 20c per mrrk By Mail in Nrw Mmtco morning and Sunday SJ0 00 per year. $.1 00 nrr monrh Sunday only $17 SO per year.

SI 50 per month By Mail outtide of New Mrtico morning and Sunday U2 00 per year. Si SO per month Foreign country ratet upon rrvmeM All Mail tutxcnptiona are payable in advance On ttreeit and newHtandi 10c per copy daily, 20c per copy Sunday Second clau Povate paid at Alho-queaquc and additional mailing officer Served hy the Amciated Prew and I nited Preu International National Advertising Rep Branham Maloney, Inc Mem her of Audit Bureau of Circulation LOVE SEAT 95 MATTRESSES HE NEXT MOVE, he Indicated whether he would take any action future would depend upon the court and of other attorneys beuptoJuditeMaloncy. "I can't comment until I report." Maloney said. "I the next move would be for Suttin's clients to file some kind for recovery of the money. Sutin is attorney for Tijenna's wife Pat attorney, Thomas Thompson, filed a motion last month in district court seeking a share of the money on behalf of six of tijenna's nine children.

AHS Bid, Kitchen Given Board OK Air Division Is Told To Forget Increase will be able to serve 20,000 students based on one-hour shifts and would be capable of serving 40,000 on a two hour shirt basis. He said if the system should move to universal feeding it might need three tuch kitchens Dean Log Refused By Nixon Continued from A-l list of witnesses to be called this week before the Senate committee. IN OTHER developments, sources close to the investigation said former White Houhc aide G. Gordon Liddy, mastermind of the Watergate bugging operation, and Sally Jackson Harmony, his a letter authorising entry into the offices of Democratic presidential candidate George S. McGovern.

Mrs. Harmony will be lead off witness when the committee resumes hearings at 8 a m. today. It was the second report of attempted SuihiIikc at the McGovern headquarters. Both incidents would have taken place before McGovern won the Democratic nomination in July and while his campaign offices were located near Capitol Hill.

THE SOURCES said Mrs, Harmony reportedly stated the letter carried the phony signature of McGovern campaign director Gary Hart and authorized the bearer to make repairs at the campaign office. Mrs. Harmony reportedly said the letter was created from a McGovern headquarters envelope superimposed on a blank sheet of paper. The sources said she signed the letter "Gary Hart" by P. to make it appear his secretary had signed it.

X'omvn Srt Siphts KATMANDU. Nepal (AP) A team of Japanese women mountain climbers plan to conquer Mt. Everest the spring of 1475, the Nepal foreign Office an nounced. The mountain has been climbed ix times since 1953. but only by men.

Beanie Leads In N.Y. Race NEW YORK (UPI) Abraham Beame, the 67 year-old city comptroller, won first place Monda night in the race for th Democratic nomination for mayor of the nation's larg est city but failed to wi outnght and faced a June 26 runoff against Rep. Herman L. Badillo. With 78 per cent of th vote in, Beame had 206.265 votes 3S per cent of the Democratic vote, but short, of the 40 per cent plurality needed to win nomination outright.

Badillo won a close battle with fellow congressman Rep. Mario Biaggi for sec ond place With 78 pet. in. nenaa loz.yzz or 28 pet. and Biaggi had 126.797 or 21 pet.

Albert Blumenthal was a distant fourth with 96,066 or 16 pet. Biaggi and Blumenthal, however, also will be on the ballot in the fall. Biaggi has the Conservative party nomination and Blumenthal the Liberal party. The winner of the runoff will face state Sen. John J.

Marchi, who was unopposed for the Republican nomination. Incumbent Mayor John v. unasay is not running tor re-eiecnoa The Albuquerque Board of Education Monday, ap- roved a site and architect or a central kitchen and accepted the low bid for new Albuquerque High School plant. The central- kitchen will be built east of UncoTn High School, one of six sites considered, In conjunction with a proposed warehouse and designed by Bill McConnell, architect. THE ACTION was hastened at the request of Supt.

Ernest Stapleton because "we have a strict time line on the ware house," which will furnish space to replace that in a building currently leased. The central kitchen, long under consideration, will serve 14 schools presently served in "satellite" operations by kitchens at other schools, and the new Albuquerque High and Northwest area high schools, Don Manzanares, director of cafeteria services, explained. He emphasized APS is not planning to phase out any of the 90 kitchens presently in operation. BILL McMILLIN, planning building director, told the board the kitchen The Air Management Division of the city's Environmental Health Dept. has been nolfied that it will not receive an increase in federal funding for fiscal 174.

"Basically, they told us, don't ask for any more than ou got last year, said Harry Davidson, head of the division. THEDIVISIONhadre quested $61,000 in supple mental federal funds to be matched by $36,000 in local matching money. Davidson said new feder al regulations make the job of his division greater than the current year. The question is how to get 120 per cent of the effort with 80 per cent of the buving power, he said. The federal Environmen tal Protection Afjency (EPA) last week notified the divi sion that they would have to reapply for their supple mental funding request.

DAVIDSON has requested that a representa sy. Chain Files For KGGM Continued from A-l television station in the same market. IN ADDITION, Heben- streit pointed out there is some overlap with his company's Santa Fe station. KVSF. One of the reasons for selling the station," said Monday when reached in Albuquerque, "is that FCC rules prohibit ownership of more than one station in the same market area.

Our Santa Fe station overlaps with the Albuquer que radio station. Hebenstreit said the FCC had permitted the arrange ment "because the two sta tions come under a grand father clause but I questioned it." "WE NEVER DID list the station." he said. "After my father died I guess rumors began circulating about the estate and I began receiving proposals. The price got pretty attractive and we decided to sell." "The WKY people have a fine reputation and they will be sood neighbors. Thev will be a fine addition to Albuquerque." The sale will include tan gible assets of KGGM the replacement costs for which were estimated at $668,256, in the application.

The tame filing shows New Mexico Broadcasting Co. with assets of SI, 513.091.72 and liabilities of $604428.29. THE CURRENT BAL ANCE sheet of WKY Tele vision System lists an ex cess of current assets over liabilities of $10 5 million and cash and marketable securities of SS.26 million. Net income after federal taxes for 1972 was $3, tive from the regional EPA office in Dallas come to Albuquerque in an attempt to see how the money shortage can be reconciled to current requirements. He said he has received no answer to his request.

Projects effected by the lack of funds will include stack sampling and auto emission control programs. "We intended to create a stack sampling crew that would be testing stacks in the city and county for emissions," he said. THE DIVISION presently has three staff members who are qualified to do the sampling work but must combine this with other duties, according to Davidson. He said the division's intent was to create a full-time, four-man stack sampling crew. With the present part-time crew.

Davidson, said. "We will be able to test sources but not at the level to keep the federal program happy." VDLL'S free Estimates 9219 The low bid of Bradbury and Stamm Construction Co. for S4.424.42J for Albuquerque High was accepted with the addition of three alternates for a total of $4,715,897 plus tax. The alternates were $245,274 for an auditorium, $28,400 for tennis courts and $17,800 for athletic field sprinklers. McMILLIN said the total is $25,000 over the budget but "for a job of this size I am very pleased." In other business the board approved a change order amounting to 088 for site preparation at Albuquerque High and approved the retirement of six staff members.

They are Frances Shutt, with 31 years of service to APS, Robert Hannah. 2 years; Jewell Richards, 28 years; Robert Briscoe, 26 years; Ellen W. Claridge, IS years; and Mina Mo-tichko, 17 years. ful AA members bore down on a unique therapy pro gram that includes staying away from the first drink and staying sober one day at a time. The conference at the Holiday Inn heard speakers from Oklahoma, Texas, Cat ifornia and New describe their own, compul sory drinking histories commonly called "Drunka logues" and how they were able to break the pat tern.

ALMOST invariably the key to quitting is in the alcoholic admitting that he is powerless over alcohol and that his life has become DEEP STEAM CARPET CLEANING AA Members Relive Drunk Tank Nights 1 No residue remains to collect and hold dirt. No brushes are used to wear out your carpet. cles. BEDROOMS UP TO 50 CLOVIS June. 1 About 300 men and women members of Alcoholics Anonymous opened the annual New Mexico spring conference here and reminisced about: Getting thrown in drunk tanks; Driving for hours in a blackout; Chasing away the threat of delirium tremens with "one last shot;" Pawning their shoes for a bottle of wine; And other assorted entertainment and good times.

NONE EVINCED any de-tire to return to the good old dCys. Instead, success FF There's steam cleaning, and there's steam cleaning. Ask abewt ewr Unlive Method 1-2 Terms owkAwwritara' matter Choree (Jet Wet ef CeriWe) VYZ-VW; ti I II lilll 1.1 Ji BOLL Free 299 Istimares unmanageable. 971.010, I.