The Burlington Free Press from Burlington, Vermont • Page 16

6B Th BuHington (Vt.l FrM Pri, Tuidoy, July 24, 1984 Solidarity Group Plans March, Rally to Celebrate Nicaraguan Anniversary The Burlington Central America Solidarity The march will begin at 11:30 a.m. at Battery lutionary Front; Miriam Hooker, second secretary Association will soonsor a march and rally Satur- Park and progress to City Hall Park, where there 0f the Nicaraguan Embassy in Washington; Ellen day to celebrate the fifth anniversary of the will be speeches and Nicaraguan entertainment. David-Friedman, state Democratic national com- Nicaraguan revolution and protest United States Speakers will include: Arnoldo Ramos, U.S. mitteewoman; Mayor Bernard Sanders; and Rev. intervention in Central America.

representative of El Salvador's Democratic Revo- Roddy Cleary of Christ Church, Presbyterian. Newspaper Lawyer Argues That Documents Should Be Unsealed hi I rZ i 17 said documents could not be sealed unless one of those four was met. "The U.S. Supreme Court and (the Vermont) Supreme Court has established fairly tight guidelines before a closure order or a gag order can be issued," Pearson said. Defense attorney Harry Black of White River Junction argued that under Vermont law, affidavits are not public documents.

He said affidavits are "often hearsay" and making public the affidavit in the Davis case "couldn't serve except to prejudice one side or the other." Black said affidavits are "analogous to grand jury proceeding-s and no one has bothered ever to claim that the press has a right to grand jury proceedings." Hudson already has denied a motion by the newspapers to open documents in the case of Delbert Tallman, accused of second-degree murder in connection with the killing of Heidi Martin. The ruling has been appealed to the Supreme Court. Ellison heard a similar motion in the case of Gary Schaefer a Springfield man already convicted of killing two Springfield girls, now accused of slaying a third, Sherri Nastasia but has yet to hand down a ruling. During the hearing. Black disclosed that the affidavit does not include a confession from his client, but does have some statements Davis made to police.

The affidavits in the Schaefer case include confessions Schaefer allegedly made to police concerning the death of Nastasia. Pearson said he expected it would be several weeks before Ellison made a ruling in the Davis case. By JOHN DONNELLY Th Associated frmu WHITE RIVER JUNCTION A lawyer for three newspapers argued Monday that the sealing of affidavits and issuance of a gag order in the Roger Davis murder case was unconstitutional. Dennis Pearson, representing The Burlington Free Press, The Rutland Herald, and The Valley News of Lebanon, N.H., told District Court Judge George Ellison that he believes the affidavits are public documents and the press, under First Amendment guarantees, has a right to see them. "The press are representatives of the public," Pearson said.

"The question here is then under what circumstances, if any. should the press be excluded from the public record." Davis, a Chester resident, is accused of first-degree murder in connection with the May 19 slaying of his girlfriend, Dorothy Sener. The documents were sealed by District Court Judge Paul Hudson, who is now sitting in another court. Hudson also has sealed the affidavits and issued gag orders in two other Windsor County murder cases. All three orders came within a month.

The newspapers are challenging all three actions, but Monday's hearing dealt only with the Davis case. Pearson said since Hudson did not specify what guidelines he used in his order, the ruling should be "void on its face." The Burlington attorney said Hudson failed to refer in his order to the 1980 guidelines set by the Vermont Supreme Court for closing court documents to the public. The court established four standards and fill i II- ill -ontatve Vermont Burlington Are" ill Armstrong Named to Trail Panel for the footpath, which runs between Georgia and Maine. Armstrong said that because he has hiked parts of the trail for 35 years and has owned considerable forest property through which the trail passes, he can understand the forest owner's and the hiker's points of view. Frank H.

Armstrong of South Burlington, an associate professor of forestry at the University of Vermont, has been reappointed to the Appalachian National Scenic Trail Advisory Council by U.S. Interior Secretary William Clark. The council is advising the secretary on the acquisition of a permanent right of way Viet Vets Center Plans Open House other guests will speak at 2 p.m., followed by a film on the dedication of the Vietnam Veterans Memorial in Washington. A cookout and volleyball for veterans, their families and friends will cap the day's events. WHITE RIVER JUNCTION -The Vietnam Veterans Center will hold an open house from 130 to 7 p.m.

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