The Miami News from Miami, Florida • 7

March 4, 1971 THE MIAMI NEWS 7-A Judges ruling dispute impact of poor-fine provides only for fines In traffic cases. Metro ordinances, they said, provide tor both jail and-or fines. Per-sons have been sent to jail In lieu of fines here. In the Texas case, a Houston laborer who accumulated fines of $425 on traffic convictions was sentenced to the municipal prison farm for 85 days because he could not pay up, The Supreme Court said that imprisoning a convicted poor person for an offense normally punishable only by a fine is discrimination in violation of the Constitution's guarantee of equal By MORTON LUCOFF Miami Niwi Riportir Metro Court judges, in general, see little impact in Dade from a new U.S. preme Court decision that no man can be jailed because he can't afford a fins.

Judges Gerald Klein, Mrs. Mattie Belle Davis and Arthur Winton questioned whether the decision in a Texas case even applies here at all. The decision was handed down Tuesday and none of the judges had seen a copy when queried yesterday. But Klein, Davis and Win-tn noted that newspaper accounts said that Texas law similar offense. He also favored the Swedish system, Barad said, under which there isn't a fixed system of fines, but a sliding scale based on income.

The judge also foresaw litigation on Just who is a poor person. Judges Thomas Lee and Thomas O'Connell said they had a fairly liberal policy of granting time to people who claim they can't pay fines on the spot. "1 try to work out some ar-rangememV he said, This court isn't designed to Incar-cerate people most people in this court are not criminals." O'Connell said he grants stays on fines in maybe 9 out of 10 cases where "Say, I've given a sentence of $30 or two days. The only exceptions are persons who have failed to appear previously or warrants for their arrest have had to be issued." O'Connell said it appeared to him that the decision applied to those cases where an indigent person had met his "court committment honorably. If he dishonors his committment it does not apply." Neither O'Connell nor Lee thought the court's revenues from fines, which are divided among Metro and the cities, would be significantly affected by the Supreme Court decision if it is applicable here.

Jail Just because they don't have $15." Barad thought the deci- sion, if applicable here, would not impose many difficulties on the court. There are other remedies as In traffic cases, the bulk of the court's business. He said "corrective penalization" includes suspension or revocation of licenses, not Just jail or fines. On other misdemeanors, Judge Barad said, the law allows "straight jail time." While he often gives poor persons a period of time to pay fines, Barad said, he isn't so generous when the poor person or any other defendant comes back again on a Metro Court Clerk Richard Brinker said his statistics showed that 5,097 defendants were ordered jailed last year when they couldn't pay fines. "But undoubtedly many of them got up the money at the jail door or soon he said.

"Our tics don't reflect how many did that, though." Further, Brinker said, the court's statistics show that in 1970 there were 162,507 people found guilty cf various misdemeanor offenses, mostly traffic. "Of that number, 131,697 paid fines on the spot, 3,385 went to jail on straight time and another 2,880 were both given jail terms and fines," Brinker said. "We don't have any figures on how many of those both jailed and fined had to stay longer because, they couldn't pay their fines." Brinker added that the judges gave people more time to pay fines in 2,882 cases. He estimated 70 per cent of those paid up. Warrants were issued for the rest.

But Brinker said he had no figures on how many actually were served. He said he "guessed" that in these cases the average fine was $20. Another 15,000 Brinker said, appearing be fore the court last year received suspended sentences or fines. Senior Judge Robert Deehl thought the ruling if applied here "can be a real problem." Under the present system, he said, "If a person can't pay the fine, he gets $15 credit on it for each day in jail." He said the ruling "can en courage irresponsible driving on the part of someone who says, Tm poor and they can't put me in Jail" But an opposing viewpoint was expressed by Judge Fred Barad who thought the decision "very' reasonable and just. People should not go to Public can hear official in guns swiped Shevin one, on says ph from house I 1 He laid meetings of "quasi-legislative" bodies such as the Cabinet had to be open, but meetings of bodies peiforming "quasi-Judicial" functions school boards deliberating on disciplinary could be closed.

Shevin said the wide-ranging opinion was sought by Dade County State Attorney Richard Gerstein. He said the opinion altered five opinions of Attorney General Earl Faircloth. 5 procedures for example Burglars took a rifle, a and two handguns yesterday from the Cutler 4 Ridge home of Capt. Leo R. Joffre, head of the communi-I cations in the Dade Sheriff's Department.

Joffre said the burglary must have occurred between 11:30 a.m. and 1:15 p.m., the v. only time of the day when none of his children was at home. They attend different shifts in school. Mrs.

Joffre was away at work. XJ 1' Interama: there's always hope Th AiMcliM Priu TALLAHASSEE Gov-ernment in the sunshine gives the press and public the right to listen In on telephone conversations between public officials, Attorney General Robert Shevin said today. Shevin issued an 11-polnt opinion expanding and expounding upon his previous unshina law interprettions. He made these major points: Anyone who wants to must be allowed to listen to telephone conversations between two public officials if the call pertains to public business. Officials who leave their public offices to discuss public business on a golf course or at a restaurant or elsewhere are subject to the Sunshine Law.

Executive and Judicial officials performing their constitutional duties are excluded from the law under terms of the doctrine of separation of powers. Shevin said the burden for exercising the right to listen in on telephone conversations between public officials was on the press and public. The burglars gained entry by jimmying out jalousies in a rear door, Joffre said. Nothing else In the house was taken. "Obviously someone knew I was a police officer and was apt to have firearms at home," said Joffre, adding that he and most officers are reluctant these days to have their home addresses published.

The rifle, a Sears, Roebuck single-shot model valued at $35, was in a closet along with the shotgun, an Ithaca 12-gauge pump-model valued at $140, Joffre said. Miami News Photo By JOHN CURRAN Chiles walks the line for college student loans Continued from Page 5A vens lease, and won't release that lien in full or in part This raises the question of how Interama can close any more lease deals. No prospective developer, such as the one who wants to build a $12 million tower and make advance lease payments to help Interama, can borrow his financing as long as the city clings to its no-exceptions policy on the lien. The city claims Interama make more money available for college student loans. Under a federal program, Chiles explained, the government guarantees re-payment of the loans over a 20-year period at an interest rate adjustable upwards from 7 per cent.

Walking up to make a pitch for student loans Is U.S. Sen. Lawton Chiles (right) escorted by John J. Engle, a vice president of Florida National Bank and Trust Co. in Miami.

Chiles speaking to the Dade County Bankers Association last night at the Dupont Plaza Hotel, urged the bankers to "What I'm saying in ef owes it $8 million on the land, formerly the city-owned Graves Tract, and the courts have upheld that debt More problems? 125 students walk out from" Central after fight He said the burglars found the handguns, a i Smith Wesson revolver valued at $90, and a I num pearl handled Hi-Stan- dard derringer valued at $40- which was in a "concealed place." The thieves also took two bags of ammunition, Joffre said, including two boxes of shotgun deer slugs. He said none of his neighbors reported seeing anything unusual. fect is if no one ever wants to come in and listen to my conversaions I am not violating the Sunshine he said. It would be absurd" to attempt to ban telephone or outside-of-the-office discus sions between public officials Shevin said. "Despite this, we believe that individual members of the public and press are legally entitled to be present if they wish to attend any discussion that falls within the limit of the Sunshine Law," he said.

About 125 students walked -out of their classes this morning at Miami Central High School after a series of fights in hallways between classes. School officials said the trouble started when a group of about 15 blacks in the cafeteria threw a chair and hit a white boy passing in the hall. The victim was not hurt seri-o 1 but the incident touched off the walkout. About 75 white students protesting the incident left classrooms and they were followed by some 50 blacks, a school spokesman said. School officials then talked to the 125 students in the auditorium and set up a meeting among six whites and six blacks to iron out the differences.

Later in the morning a group of about 200 students gathered in the hallways and patio area. There were small skirmishes and this group was then told to go home for the day. School security officers on the scene reported the situation was "tense but under control." Classes continued and the school was never closed, a a I spokesman said. Miami Central High at 1781 forced to use a management concern unless it finds ways to generate significant operating capital prior to 1976, perhaps as much as $7 million before it starts taking much in. What it does next depends: On the $42,000 study, for which payment is not completely raised; On the court's orders about paying off the $343,000 to the original bondholders; On the State Legislature and its appropriations to FIU and perhaps to Interama itself; On whether a firm that wishes to build a $12 million tower can gets its financing and make advance lease pay- 'ments; On the City of Miami's agreeing to subrogate its lien either in whole or piecemeal so leases can be made with a "theme park" operator and other private investors; On the degree of public disappointment in the whole deal; And on its making enough progress to retain the federal pledge of money for an exhibition building.

The whole idea is complex. If financed at all, money must be put together from local donations, state funds, county funds, federal funds and perhaps more bonding of future revenues. It is an easy target for cynics. After all these years, it has become a synonym for frustration and established community leaders don't want to sully their reputations with another Interama disaster. But in the background are always 1,700 acres of incredibly valuable property, the community's urgent need for open space, the business community's urgent desire to remain competitive and to create an unequaled attraction for visitors, the nation's desire to set up an ongoing establishment interwoven with Latin America's interests and needs and Miami's great pride in its ability to perform on a mammoth scale.

Thees are the reasons the associated groups keep trying to swim upstream. The whole notion has its Quixotic aspects. But so did the rest of this place when it was nothing but mangrove swamps and sand dunes. Four GIs kidnaped, Turks seek ransom NW 95th St has about 3,000 students and operates two sessions one morning for Uth and 12th grade students and one afternoon for 9th and 10th graders. Shortly before noon District Superintendent Jeff West said the afternoon session, noon to five, would be held as usual at the school.

Parents who call have been told they may keep their children home if they are concerned, his office said. 'Assistant Principal William Noble said the school has been troubled all week in the wake of an incident in which a black youth allegedly was seen taking a stereo from a car in the parking lot on Monday. Councilman faces auto sticker charge A Hialeah city councilman and the supervisor of the auto inspection station in Hi-a 1 a face misdemeanor charges in connection with an auto sticker. Investigators said Councilman Vernon Ashley obtained a sticker for his car from James E. Davenport at the station at 60 W.

6th St on Feb. 1, without having his car inspected. Warrants issued by the state attorney's office, after investigation by the sheriff's department on a tip from a Florida highway patrolman, charged conspiracy to commit a misdemeanor and un- lawful issuance of an inspec- tion sticker. Ashley, 55, of 556 E. 11th and Davenport, also 55, I of 661 Hialeah were re-; leased on their own recogni- izance by Criminal Court Judge Murray Goodman.

Davenport, a Hialeah city employe, was suspended pending resolution of the case: SHERMAN WINN Winn bill: trim off 47 lawmakers State Rep. Sherman S. Winn of Miami has prefiled a bill that would reduce the number of legislators from 167 to 12080 in the House and 40 in the Senate. Those bodies now number 119 and 48. Winn said his move is part of "a continuing drive for economy in government "In this period of extended inflation, the time has come when government must do something for the people, not to them," Winn said.

"The passage of this legislation will save the taxpayer between $3 5 to $4 million annually." Under the 1968 state Constitution reapportionment is required in 1972. The Senate has written into the Constitution an order calling for "not less than 30 nor more than 40" senatorial districts. The House has decided on "not less than 80 nor more than 119." In last year's scrambling to avoid the sale of any Interama land and when North Miami came through with the land-saving bond issue the Legislature equally had to get into the act. It set up a new authority, headed by former North Miami Mayor Elton Gissendaner, and specified that some land must go to Dade County, some to North Miami, some to Florida International University and some to the authority. It also said none of the land could be sold without permission of the Internal Improvements Board, which is the State Cabinet.

So Interama can't lease except the marina site without Miami's permission and it can't sell without the State's permission and it has no source of income, even if it can come up with the final $343,000 for the bondholders. Interama is in the position of a major land and program developer trying to work out multimillion-dollar deals, handle politics, conjure up imaginative programs and find huge sums of front money with inadequate staff and no way to pay the phone bill. Then why hope? Primarily, because of two new elements: Florida International University, which had planned to use space in the development for certain programs, has staff, can begin programs, can create action on the scene and can give the project a sense of relationship to the real world; and America's 200th birthday, which can stimulate communitywide participation in projects designed for 1976 and can provide the elements needed to pull down a total of $27 million in federal money. Third Century, USA, a Chamber of Commerce off. spring headed by Lester Johnson, boss of Merrill-Stevens, is raising money to pay for a $42,000 study or ways to get a bicentennial celebration going.

The South Florida Bicentennial Commission, made up of representatives from Inter-ama, FIU, Third Century and the State Bicentennial Commission, has been coordinating the efforts of all those bodies and working with consultants on the "strategy plan." The plan is almost done. It suggests a regional park containing a university, golf courses, a nature preserve, amusement facilities such as those of Disney World, assorted exhibits and ongoiag programs in youth, adult and academic activities. The authority will be KtuUri niwi SwvIci ANKARA, Turkey An American officer and three sergeants were kidnaped here today and a ransom note threatened their death unless $400,000 is paid by tomorrow night. The demand, deposited at newspaper offices, said the kidnapers were members of the Turkish Peoples Liberation Army, an unknown organization. The men were leaving Ankara in a stationwagon before dawn today when they were held up by five armed men and bundled into another vehicle, according to the soldiers' Turkish civilian driver.

The driver was not held and immediately reported the abduction. The men were identified in the ransom note as 2nd Lt. Jimmie Sexton, Sgt. James Gholsun, Sgt. Larry Heavner and Sgt.

Richard Craszi, all from Logistics Detachment 18. The kidnap was the second such incident this year. Staff Sgt. Jimmy Ray Finley of Port West, Texas, was overpowered Feb. 15 by three men while driving a military patrol car on police duty at a U.S.

air base on the outskirts of He was later released and questioned by U.S. officials but no clear information about his kidnapers was forthcoming. However, Turkish police at the time believed they were members of a militant group known as the Reformist Youth from which the "Liberation Army" specifically disassociated Itself in Its ransom note. The note was left at newspaper and agency offices and in one case was delivered by a young girt. The ransom must be paid by 6 p.m.

local tomorrow, the note said. It added that the kidnapers would not be responsible for the lives of the four men if the police were told. Ex-teacher gets 10 years in hijack A softspoken former school teacher, who pleaded guilty to forcing a Key West charter pilot to fly him to Havana, was sentenced today to 10 years in federal prison. The defense contended that Leonard S. Bendicks, 36, Williamsport, made the flight in July, 1968, because of delusions that he could provide the Cubans with medical supplies.

He had bought up a supply of cold remedies and aspirin before the hijack trip. Bendicki first pleaded insanity but under a federal law a mentally ill defendant must meet the test of whether or not he was "substantially capable" of appreciating wrongdoing. A jury sitting solely on this issue found Bendicks sane I year ago. The government later dropped a charge of air piracy and Bendicks pleaded guilty to a lesser charge of kidnaping. Defense attoney James W.

Matthews pleaded today for mitigation in the case, but Federal Judge William O. Mehrtens said he had to consider the seriousness of the matter. "I cannot In all conscience give you i light sentence because in cases of this nature there must be some punishment to act as a deterrent to others," Mehrtens said. But in the sentencing the judge provided that Bendicks would be eligible for parole at any time at the discretion of the government "You have been a model prisoner and a trustee in Dade County jail while awaiting sentence," the judge said. "I am sure that if you conduct yourself in prison as you have in jail the proper consideration will be given to you." He's selling out for wife's funeral Tin AlMcitM Prill FORT WORTH, Tex.

The small classified newspaper advertisement said simply, "Must sell for funeral It listed a portable TV, a bedroom suite, record player, bassinet, clothes and groceries among items for sale. William Madden, 43, a house leveler, said he was putting virtually everything he owned up for sale in an effort to pay for his wife's funeral. Madden spent almost all his money in a futile attempt to cure his wife, Betty, 43, who died Sunday of cancer. Now, he said, he still needed several hundred dollars to bury her. He said his wife or 10 years, "was in and out of the hospital for the past year and I had to stay with her a lot" jMan, woman I slain in hotel, suspect nabbed A young woman and a man were shot to death last night in a small downton Miami hotel, and an armed suspect was captured by an off-duty police lieutenant The victims were identified as Skiyea Patricia Shaba-rekh, 20, and Roosevelt Ben-nifield, 32.

Police said they were shot in Apt 1 of the Commodore Hotel, 11 NE8th at 8:45. Lt James Tracy of the Miami police juvenile bureau, was driving past the hotel when he heard shouts that a shooting had occurred. He reported that he chased the suspect who was carrying a .38 caliber revolver, and disarmed him. The suspect who was identified as Oscar Hernandez, 41, of 51 NE 8th was booked on two charges of first-degree murder. Investigators said the pistol that was seized had been fired five times.

4 cities, Metro to be asked for new crime, jail plans Appeals court reverses Metro zoning denial The Third District Court of Appeal today ruled Metro was wrong in denying rezon-ing of a proposed 183-acre development in South Dade. The 3-0 ruling upheld Circuit Judge Francis Knuck's decision overturning the Metro Commission's vote to deny rezoning, variances and special exceptions to King Creeks Village owned by Howard Korth. The land is between SW 77th and 87th avenues and SW 78th Street and the Snapper Creek Canal, fered Metro $1 million worth of land if they would grant rezoning to allow high density, but Metro Commissioner Joyce Goldberg discovered the land was to be used at a Bookkeeper is freed on embezzle charge A bookkeeper charged with embezzling $6,500 from a concrete manufacturing company was freed on $1,000 bond today as police continued to look for a second suspect. Mrs. Mary Aloi, 48, of 3300 NW 82nd was accused of embezzling the money from Brooks Products of Florida where she formerly worked as manager, Assistant State Attorney Robert Brown said.

James Hulbert, Hialeah police detective who arrested Mrs. Aloi, said he had a warrant for another suspect whom he did not name. Officers said the total embezzled from the company may run as high as $55,000. sentatives to future meetings. The meetings will be aimed at providing improved services for juveniles, narcotic addicts, alcoholics, traffic offenders and mentally or physically ill jail inmates.

Improved services and financial cooperation between the cities and Metro will be principal considerations, said CJCC Chairman Dr. Fred Lewis. I Four Dade cities and Metro will be asked to plan improved criminal detention and rehabilitation services to prevent future overcrowding of jails. At a meeting today of the Criminal Justice Coordinating Council, a branch of the Greater Miami Urban Coalition, members decided to ask Homestead, Coral Gables, Miami and Miami Beach and Dade County to send repre- Metro postpones Britton decision The Metro Commission again today put off a decision on appointing a successor to County Attorney Thomas Britton, whose resignation is effective April 1. buffer anyway.

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