Albuquerque Journal from Albuquerque, New Mexico • Page 2

A-2 JOURNAL Saturday, December 31, 1977 Court Upholds Miranda Rule Continued from A-1 Customer Shot, Killed During Store Robbery C7 eryone to the back of the room. Then, they said, he had the manager empty the cashier, and go to the back of the store to see if there was more money. While the manager was walking to the back he heard a shot, police said. He told officers he thought the robber was following him at the time. Witnesses told police the man, whom they described as extremely nervous, was carrying a small black handgun and wearing a baggy gray trench coat.

-i 1 1 1 1 rh -71 ff 1 I "rt -MT iiinii. mmu armirwnif mi mm n.m mn 11 mi iJ An Albuquerque man was shot and killed Friday night during an armed robbery that occurred while he was a customer in a grocery store near his Northeast Heights home, officers at the scene reported. They said the robber fled down a drainage ditch north of the store. Richard C. See.

26, of 2801 Muriel NE, was pronounced dead at the scene inside the Farmers Market at Phoenix and Juan Tabo NE, detectives said, as policemen aided by dogs and an airplane combed the neighborhood for the robber. As several witnesses to the shooting, which occurred just before 6 p.m were rounded up and driven to the police station for questioning, See's wife and father-in-law came to the store to identify the body. Witnesses told police the fugitive came into the store wearing a black or dark purple ski mask and ordered ev Center Touts Projects APWirephoto Off CiOlirSC The Wisconsin State Patrol closed parts of Highways 12-18 Thursday to allow a pilot to use the road as an emergency runway. The plane, a A single-engine Cessna, had been stranded on a local golf course near I iflST the highway since the plane ran out of fuel and made a forced landing mjubi there Christmas Eve. Carter Rules Out Intentional War Continued from A-l recreation project through a large picture window." Through thp winrinur nr hv ctanmn.

Continued from A-l never start a war except by mistake, we didn't understand the motives and r. attitudes and desire for peace on the part of our potential adversaries." The dinner ended the first full day of rartPr's 1S0K9.mil civ.naHnn journey that will take him to Iran today. Before the dinner, Carter met with Polish and American reporters in what was believed to be the first full-scale news conference held by a U.S. presi-f dent in a Soviet bloc country. He complimented Poland on its human rights record but raised a sensitive rights issue the government's refusal to allow dissident journalists to attend the news conference.

In an opening statement, he noted thst the dissident reporters had been barred and he said he would answer their questions later in writing. There was no immediate official Pol- ish reaction to Carter's statement. But it had the potential for stirring up the second diplomatic flap of the three- nav I artpr tnetf tha fit hatnna i to counsel has been effectively invoked, the state bears a heavy burden in demonstrating that a subsequent waiver is knowing and voluntary." Federici said this rule meets both the spirit and letter of the Miranda decision and is consistent with developing case law. The high court also said a voluntary statement made by a defendant to officers while he is not being questioned is not prohibited by the US. Constitution as evidence against him, The decision came in a first-degree murder case involving A.

Alan Greene, 22, of Silver City, who. is accused of killing his father, Albert B. Greene, in Farmmgton in August 1976. Greene was arrested in Tampa, on Sept. 30, 1976.

He was given the Miranda warning immediately after his arrest and said at that time he was invoking his right to remain silent. A short time later, after being given the Miranda warning again, he invoked his right to have a lawyer present during questioning. Butafter invokingthese rights. Greene subsequently made five statements to Tampa and Farmington officers which incriminated him in his father's death. The fifth of these statements, made on Oct.

9, enabled Farmington police to recover the alleged murder weapon. On Nov. 18, 1976, after his arraignment and after an attorney had been appointed for him, Greene filed a motion in San Juan County District Court to suppress all the oral and written statements he had made to officers and to suppress the weapon as evidence against him. After an evidentiary hearing, District Judge James Brown ordered the statements and the weapon suppressed. The state appealed this decision to the Supreme Court, which Friday reversed Brown.

Federici said Brown had applied a strict rule, "rejected by us in this opinion," that once a defendant has invoked his right to an attorney upon receiving a Miranda warning, there may be no further questioning until the defendant has consulted with his attorney. The U.S. Supreme Court said in its decision that once a defendant says he wants an attorney, "the interrogation must cease until an attorney is present. It also was the ruling in Miranda that if questioning continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to show the defendant "knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel." Federici said the rules stated in the Miranda decision do not squarely decide whether successive police interrogations, each conducted after proper Miranda warnings, are permissible. He said the U.S.

Supreme Court later ruled in the Mosley decision that admissibility of incriminating statements obtained after a person initially has decided to remain silent "depends upon whether his right to cut off questioning has been scrupulously honored." But the Mosley decision did not answer the questioning of whether a defendant could be interrogated further after he had invoked his right to legal counsel. Federici said the court concluded in the Pheaster case in 1976 that a waiver of rights under the Miranda decision can occur despite an earlier demand to have an attorney. "The government, of course, bears a heavy burden to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel," the Pheaster decision said. Motorcyclist Has Run-In With Law An Albuquemque man was in the hospital with a broken leg Friday after his motorcycle collided with a police car, officers reported. Police said the man, Kenneth Mc- Carteris eager to help move the current Egyptian-Israeli peace talks ahead and to reassure Arab leaders of U.S.

even-handedness in the Mideast Egyptian President Anwar Sadat Thursday said he was "disappointed" by a Carter statement backing the Israeli position on the Palestinian issue. Carter already is scheduled to meet with Jordan's King Hussein and Saudi Arabian leaders during the tour. Carter told the news conference he offered Poland $200 million in agriculture credits to help ease grain shortages from four successive crop failures. He refused to link this decision to any Polish commitments on human rights, although he said Gierek promised to look into questions of the reunification of Polish families split between the United States and Poland. The news conference was broadcast live in the United States but not in Poland.

Carter and the several hundred reporters in the hotel aduitorium for the conference were given headsets for simultaneous translation of the six Polish reporters' questions and six American questions. The interpreter of Thursday night did not translate at the news conference. "I think that our concept of human rights is preserved in Poland much better than in some other European nations with which I am familiar," Carter told the reporters. "There is a substantial degree of freedom of the press exhibited by this country this afternoon, a substantial degree of freedom of religion." The Roman Catholic Church, which has the allegiance of almost all Poles, is a thriving institution here. Oneof the dissident journalists barred from the news conference, Adam Wojciechowski, told a reporter he wanted to ask Carter whether a human rights monitoring apparatus should be set up in Europe, whether he thought independent Polish political parties should be established, and whether one government should intervene if another violates human rights.

Wojciechowski said he writes for an underground mimeographed newspaper called "Opina." On other points, Carter said: He is "very encouraged" at progress in strategic arms limitation talks and in discussions aimed at reducing foreign armed forces in Europe. He said 1978 "will see a resolution of all these issues." In his talks with Gierek, "we found no disharmony of significance between ourselves and the Poles or between the Poles and the Soviet Union." He said differences between the United States and the Soviet Union were not discussed. During last year's presidential campaign, Carter challenged Gerald Ford's statement that Poland was not under Soviet domination. Asked at the news conference whether he still believes this country is under Moscow's heel, Carter replied: "This is obviously a decision for the Polish leaders and the Polish people to make." Regarding reunification of families, Carter said that in the past four years 15,000 Poles have been allowed to emigrate to the United States but that 250 separated families have been prevented frqm leaving Poland to join family members elsewhere. Carter reported that Gierek "said he'd give his attention to this matter." During an early-afternoon tour of three important Warsaw monuments by Carter, lines of gray-coated militia kept all but a select group of Poles from approaching within several hundred yards of the memorials.

a U.S. interpreter's erratic and silghtly comical translation of Carter's arrival speech into Polish. 1 After the news conference, Carter attended a state dinner with Polish leader Edward Gierek. That capped a day of snow and rain that also included a tnnr nf natinnal mnnnmpntt a vicit Late Friday detectives were still taking statements from witnesses and trying to determine whether any of the cars parked near the store might belong to the fugitive. "We have some possible suspects," one detective said.

"And we're checking out several vehicles." He said police were still trying to piece together detail of the slaying. It's a historical narrative: Every drop of Rio Grande water already has a prescribed owner and use because New Mexico is such a dry state. But still there are floods, the narration warns. Devastation scenes flash by. The Albuquerque area, it says, lies on a flood plain three to five miles wide, an area dotted by industry and thousands of homes.

The voice explains that sediment washed into the river by erosion can increase the chances of overtopping levees. So the Corps planned in 1965 and completed in 1975 Cochiti Dam. The voice notes that the Cochiti Indians live just downstream, and "to them, the Rio Grande is sacred." So the Corps tried to respect this belief by keeping the river running through the iam at a level Shirley says is essentially the same as it would be if the Jam had never been built. Only the jpstream viewtoward the dam is Cochiti pottery and a relief display of the lake fill two dome-covered exhibits in the center of the room. The pots are on rotating loan from University of New Mexico's Maxwell Museum of Anthropology.

Both dome display cases are under the watchful eye of a video camera mounted on the ceiling. The Knipfing voice continues that dams protect people from devastating floods. "Some are also used to produce pollution-free, economical electricity," it adds, and about a third of the land around each lake is set aside and looked after for wildlife. In conclusion, the voice says recreation and environment are key points of resource management on Rio Grande watershed projects (the other three projects are Abiquiu Dam, Galisteo Dam and Jemez Canyon Dam). In addition, "the Corps still believes flood protection is as important as ever." Two minutes of lake and sailboat slides conclude Knipfing's narration, accompanied by music.

If you're ready for an encore, you can press the button for a replay of the singing Corps jingle that reminds: "Whatever your pleasure, they're your lakes, too waiting for you." Police Seeking Man In Assault on Woman Police are looking for a man who pulled a 37-year-old woman into his vehicle and drove her to the 800 block of Los Arboles NW where he forced her to commit sodomy, polics said. The victim escaped from the man's car in front of the bus station at 300 Second SW, officers reported. They said the man was described as about 5-foot-10, 170 pounds, in his late 20s and with black, collar-length hair, sideburns and a Spanish accent. He was reported to be have been wearing a brown leather jacket and blue denim pants. Albuquerque Journal PODrtwer Seventh Silver.

SW Albuquerque, N.M.8710J Phone 842-2300 SUBSCRIPTION RATE BY CARRIER Morning It Sunday 95c I week Sunday only 25c week SUBSCRIBERS detirinf to pay tnnuilly in idvince will please mall remittance at carrier rate direct to Circulation department. SINGLE COPY RATES Mornin ISc Sunday 35c NEW MEXICO OUT OF STATE MorntSunlyr SM00 Mom a Sun I yr 7100 MornSun6nui 1M0O Mem a Suit ram MM Mora a Sun 3 ra (1700 MomeSur.3m 1230 Morn a Sun I mo 1600 Morn Sun 1 mo 00 Sunday only I mo SU0 Sundayaalylaa US) All mail lubtenpnonj are payable in advance. Foreign Country ratei available upon raqueit. Postafe paid at Albuquerque and additional mailmi officei. Served by the Auociated Prow and United Preai international National Advemiini Rep BranhamNewtpaper Sales Member of Audit Bureau of Circulation Vj out onto a large porch, the visitor can view a portion of the lake to the left, and Indian farmlands to the right, separated by the wide concrete strip covered with gravel that is Cochiti Dam.

Acting as center manager, engineer Ed Shirley advised that a row of young Russian olive trees outside will be transplanted so they won't obstruct the lake view. The center itself is not large; five inside walls provide the display area. In discussing the center's cost, Leonard noted that the displays "were not cheap." A satellite photograph of the Rio Grande covers the two walls north of the six-panel picture window. The photo is overlapped by about 50 professional color photographs a few inches from the wall, which depict natural, historical and structural scenes found along the river. Nearby is a second push-button slide screen, which Shirley said will be later hooked up to show a film about the river's history.

Meanwhile, on the west wall, the i Corps singer slides into narration as a map pinpoints 400 Corps lakes across the nation. "These beautiful bodies of water are created by the Corps to protect you from devastating floods," the voice says before swelling again into song. Maps of the nationwide lakes are available for the taking on another wall near the manager's office. A glass case between displays native plants and minerals from the Cochiti area. The singing presentation lasts about five minutes.

If the visitor presses the button again, he'll hear a talk about Middle Rio Grande flood protection from a serious voice that sounds just like TV personality Dick Knipfing. (Shirley later confided that it is, but said the Corps made the presentation by contract and didn't choose the nar-. rator directly.) Park to Testify In Korean Probe Continued from A-l it excludes congressional access to Mr. Park and enables South Korea to control his testimony," said Rep. John J.

Flynt. "This, to me, is nothing more than a continuance by South Korea of its re-' fusal to cooperate with Congress." Special committee counsel Leon Jaworski added his condemnation in a separate statement He said the arrangement is inadequate because "it fails to obligate Mr. Park to testify" before Congressional committees and "enables the South Korean government to point to an instance of cooperation with the United States, when, in truth, its action is a mere token of cooperation." Assistant Atty. Gen. Benjamin R.

Civiletti said he has asked Jaworski not to subpoena Park and "he has said he does not feel any inclination to honor that request" But Civiletti said he expects no confrontation because he said he cannot imagine the Justice Dept. challenging Congress'legalrightto subpoena Park. The assistant attorney general said he cannot speculate on whether Park's testimony will lead to criminal indictment of any more present or former congressmen in the influence-buying scandal. I "I don't know," he said, "because I don't know what Park knows completely. Certainly we will know more facts." Civiletti said he and Paul R.

Michel, head of the Justice Korean investigation, will go to Seoul Jan. 6 and expect to be there about two weeks. i Legislation To Continued from A-l county's annual revenue is from property taxes, the county undergoes a "dry" money period from the July 1 start of each fiscal year until the December arrival of tax payments. County authority to issue bonds or increase sales taxes or property mill -levies to purchase fire and rescue equipment and to fund fire department operations is also among the rec-ommended measures. Any of the taxing options would have to be approved by county voters.

The legislative recommendations also seek to clarify county control by Mrs. Carter to Poland's outspoken Roman Catholic primate, Cardinal Ste-! fan Wyszynski, and an 80-minute meeting between Gierek and Carter and Secretary of State Cyrus R. Vance. On the subject of the Middle East, Carter told the news conference he will consider visiting President Anwar Sadat in Egypt on his current trip, which ends next "if it's mu- tually convenient and desirable." Carter Might Include Cairo WARSAW, Poland (UPI) Apparently hoping to placate an angry Anwar Sadat, President Carter Friday said he might meet the Egyptian president during his six-nation trip should it be "mutually convenient and desirable." Carter told a historic news conference he does not intend to impose his Middle East peace wishes on the Arabs and Israelis. He said there is no current plan to meet Sadat in Cairo, but bis schedule is "flexible" and "if it is mutually convenient and desirable, we would certainly consider it" Sadat said Thursday he was shocked and disappointed that Carter does not supptrt creation of a state for the Palestinians, and declared the President's remarks had made his role of peacemaker "very difficult" Carter told his news conference in Warsaw his position had not changed.

He said he favors a Palestinian "entity" tied to Jordan, and not an independent Palestinian state sliced from other Middle East territories. But he emphasized he can and will live with "any agreement that can be reached between the Israelis and Egypt" And he took pains to shore op aay bridges he may have damaged, saying be has "a standing invitation" from Sadat to visit Egypt and "our own relations with the Arab nations, including certainly Egypt are very good and harmonious we communicate almost daily with the Egyptian and Israeli leaders." Be Suggested over the volunteer fire districtl by specifying the county's authority to govern the districts "administratively and operationally." The proposal concerning the courts would abolish the Bernalillo County's small claims court, transferring its employes to the magistrate court, which is a division of the state, and adding one magistrate court division. "-Another section of the proposal would return to the county, rather than the state, fees collected by the magistrate courts because of citations issued by the county sheriffs office, zoning office and environmental health department the station by the Journal, based upon filings submitted in the lawsuit Echols confirmed that he is a guarantor of the loan, but said his only other current connection with the station is as a stockholder. The loan guarantors would have to pay off the note if the station fails to do so. to life for Rape Story Incorrectly Identified Echols Former State Senator Odis Echols Jr.

stepped down as president of KMXN-TV in May, he said Friday. Echols is one of seven investors or officers in the station who, along with the station itself, are being sued by First National Bank in connection with alleged default on a $67,500 loan. Echols wau identified as president of Businessman Sentenced Albuquerque businessman Jerry Orona was sentenced to life imprisonment Friday for the rape of a 12-year-old girL After sentencing the 46-year-old Orona. Dist Court Judge Phillip Baia-monte set a $500,000 appeal bond. Earlier this month, Orona was fousd Murrough, 21, of 6200 Avenida La Costa NE, was fleeing on Wyoming NE Thursday night with a policeman in pursuit Sgt.

G. Robert Minor, who heard the chase on his radio, pulled his car onto Wyoming, at the intersection of Montgomery NE, to try to stop the chase. McMurrough's motorcycle then collided with the car, officers reported. McMurrough, who was arrested on complaints of attempting to elude a police officer, reckless driving and driving without a license, was in satisfactory condition at Presbyterian Hospital. I guilty of first- and third-degree sexual penetration in connection with the incident involving the girl, who is now a seventh grader, During the trial, the girl testified that Orona performed oral sex upon her, took pictures of her in the nude and forced her to take pictures of him in the nude..