Albuquerque Journal from Albuquerque, New Mexico • Page 5

ALBUQUERQUE JOURNAL Saturday, September 2, 1978 A-5 Ex-Paper Owner Files Suit i mm i Jf Prosecution Loses Round For Life Term In addition, the suit says, "Gannett and The New Mexican have threatened unilaterally to repudiate the employment contract and are about to do so." McKinney asks for $10 million in compensatory damages, and $10 million in punitive damages, and that ownership of The New Mexican, which he parted with "on the false represen- nett to place in charge N. Walter Ryals, the suit says. Other employees were hired, fired and transferred, disregarding the plaintiff's directions concerning editorial policy, the suit states. The suit claims the defendants refrained from communicating with McKinney and withheld information from him, although they "continually reassured him they would respect his rights under the reorganization plan," tations ana assurances or oannen, oe i If icaiuicu iu mm. 4 Rusk Silent on If He'll Veto Ban on Raw Milk been submitted to him yet, but that he i will have lOdaystosignorvetoit from the time it is submitted.

1 He said six votes on the nine-mem- ber council are required to override a Mayor David Rusk Friday refused to say he will veto a controversial ban on sale of raw milk but told 25 to 30 raw milk advocates he will investigate one possibility of meeting their wishes. The mayor said he will discuss with city staff members the possibility of establishing standards and methods for local inspections that might become the basis for granting' variances provided by the City Council bill. But he also said he must ask the city attorney for a report on the city's possible liability for "mishaps" in connection with use of raw milk. The mayor's comments came in a one-hour meeting requested by raw milk advocates, who asked him to line item veto the raw milk provision or veto the entire bill, a new food sanitation ordinance regulating retail, wholesale and meat market establishments. The ordinance was adopted by the council Aug.

21. Rusk said the official copy for his signature has not veto. Rusk said he will consult with Councilor Jim Delleney, sponsor, about the bill in general and with the Environmental Health Department about possible standards. Citizens at the meeting said raw milk is more healthful than pasteurized milk, is required by people who are allergic to pasteurized milk and has not been responsible for human disease in recent years. They also said the herd of Mc-Ilhaney's Dairy, sole producer of raw milk in Bernalillo County, is stringently inspected and the dairy is operated in a sanitary manner.

Sale of raw milk is legal under state law and currently legal in both the county and the city. The prosecution lost one round in District Court Friday in its bid for a life sentence for convicted heroin dealer "Cadillac Bobby" Montoya. District Judge Phillip Baiamonte threw out one federal conviction and consolidated seven state convictions in a motions hearing that left the district attorney's office with only three convictions upon which to seek the enhancement of Montoya's sentence under the state's Mutual offender statute. Assistant District Attorney Jeff Romero said he planned to appeal Baiamonte's ruling. Romero contended that the prosecution had seven separate convictions upon which to seek a life imprisonment term for the 39-year-old Montoya.

If Baiamonte's ruling is upheld by the state Court of Appeals, the prosecution will only be able to seek the enhancement of Montoya's prison sentence on a charge of failure to appear, from one to five years to five to IS years. Montoya, reputed at the time of his conviction in March 1977 to be the largest heroin dealer in Bernalillo County, is presently serving a prison term of 61 to 305 years on six counts of trafficking in heroin, one count of conspiracy to traffic in heroin and one count of failure to appear for court proceedings. Defense attorney Hank Farrah argued that the six trafficking convictions and one conspiracy conviction arose out of the same course of events and thus must be counted as one conviction for habitual offender proceedings. Romero argued that four of the seven convictions arose out of separate transactions, occurring on different days, and thus could be counted separately. Baiamonte ruled in favor of Montoya on that issue and also upheld the defense's contention that the crime of illegal purchase of heroin, upon which Montoya wasconvicted in federal court, was not a crime under state law at the time of that conviction.

Romero argued that federal court decisions have held that mere possession of heroin was enough to sustain a conviction under that federal statute and that the applicable New Mexico statute made possession of heroin ille gal. If sentenced to life imprisonment Montoya would become eligible foi parole in 10 years. If his sentence is enhanced to 65 to 320 years, he wouli become eligible for parole in sevei years, The same waitingperiod he now faces. Ready To Ride in Style Ron Peterson, 1212 Ridgecrest SE, installs a cast-iron bench he purchased in Mexico at the corner of Ridgecrest and Del Verde SE. Although the bus stop happens to be where Mayor David Rusk catches the bus to work each morning, Peterson said he did not set up his bench for the mayor's comfort.

"I did it so the kids won't sit on the curb witn their legs on the street," he said. "We had planned to do this long before Rusk became mayor." Libertarian Candidate Sues To Get on Ballot Journal Photo dates on the ballot because the law requires political parties to file their rules with the county clerk within 30 days after the party organization is formed. The'party did not file its rules until last Monday, while the party was formed in 1974, the opinion states. Carmody then held that the party is not a properly formed political organization. Another reason for the denial, according to the opinion, was that the party's own rules do riot provide a method for nominating candidates for legislative office in single county districts.

State law requires this, the opinion states. Walsh's suit states that his party's failure to file the rules within the 30 days does not prevent the party from placing candidates on the ballot. The suit also states that the party's rules "directly or indirectly provide for convention nomination of legislative offices." The former owner of the Santa Fe daily newspaper has filed suit in federal court against the newspaper chain which purchased the paper, seeking $20 million or the return of the newspaper or both. Robert M. McKinney of Virginia, who owned controlling interest in The New Mexican until entering into an agresment and reorganization in which Gannett Co.

Inc. acquired shares in the newspaper in December 1975, charges a breach of contract. The reorganization plan was modified in February 1976 to include the Taos Publishing Co. in the merger. McKinney said Gannett, to induce him to sell, said it had made a practice of continuing prior management and would follow that practice with The New Mexican.

McKinney said this assurance was "false and knowingly and deliberately made by Gannett." The suit states McKinney entered into an employment agreement with Gannett that provided McKinney would be chairman of the board of directors and chief executive officer of The New Mexican, also named as a defendant, and publisher and editor-in-chief of all publications of The New Mexican Gannett and The New Mexican have breached this agreement, the suit states. Specifically, the suit says that on March 28, 1978, Gannett "without authority" removed Stephen E. Watkins as president of The New Mexican, a position he had been elected to by the board of directors. It states Gannett also terminated Watkins as general manager, a position he had been assigned to by McKinney. The New Mexican permitted Gan 4 ply polyester VISA UNIRDYAL An Albuquerque man asked the District Court Friday to require Bernalillo County Clerk Emma C.

Gonzales to place him on the November election ballot for a Northeast Heights legislative seat. Bob Walsh filed suit requesting the court to order his placement on the general election ballot as a candidate of the Libertarian Party for House District 22 in Bernalillo County. The seat is presently held by Frank Horan, a Democrat who is running for election after his appointment to the position. He is opposed by Republican Deborah Toth. In a letterdated Thursday, Mrs.

Gonzales nofified Walsh that she would not place him on the ballot because of an assistant county attorney's opinion. Assistant County Attorney John J. Carmody Jr. advised Mrs. Gonzales not to place Libertarian Party candi SIZE I GHEE FET A78-13 03 1.69 C78-14 EjjjtfB 1.93 E78-14 Sp 2.13 F78-14 SD0D 2.26 G78-14 2.42 H78-14 r(p 2.60 G78-15 S12D 2.45 H78-15 flftffn 2.65 L78-15 I BMP 2.93 white wall For the next four days, Friday through Monday, Choose from a select group of Nunn Bush and Stacy Adams shoes and save half off the original price.

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