The Bakersfield Californian from Bakersfield, California • Page 2

may, uec. 3,1976 Si MrmftrKuCaWnrntrnt Comparable WASHINGTON (AP) Criminal justice exports often complain when one judge consistently hands out light sentences while another judge In the next courtroom always gives stiff penalties for essentially the same offense. These critics say such disparity in sentencing is grosslj unfair and may be a major reason the criminal justice sys tern isn't very effective in curbing crime. Now, the Denver criminal courts have become the firs in the nation to test a new method of ending that disparity. The Law Enforcement Assistance Administration, de scribing the project today, said judges in several nthei states are watching the Denver experiment with an eye to ward applying It to their own communities.

On Nov. 15, Denver criminal court judges began testify carefully-devised guidelines to determine which offenders are released on probation, which ones are sentenced to worl projects and which ones are ordered to jail, and for hov long. The guidelines are designed to take the guesswork out sentencing, to state clearly what factors the judge will con crime pens sider and what weight will be given to those factors. Atty, Gen. Edward H.

Levi has proposed a similar sys tern for the federal courts. Justice Department officials studying the issue have not yet proposed legislation Incorpo rating Levi's proposal. The LEAA, part of the Justice Department, dealt wltl the issue by awarding $348,000 to the Criminal Justice Re search Center Incorporation of Albany, N.Y., to draft ex perlmental guidelines for nonfederal courts. The project directors were Professors Leslie Wllklm and Jack M. Kress of the State University of New York al Albany and Dean Don Gottfredson of Rutgers University Ir Newark.

About a dozen Judges worked with the during the two-year project. The work yielded a set of formulas for measuring the seriousness of a crime against the offender's previous criminal record, his schooling and employment record and other factors that theoretically reflect social stability or the lack of it. The formula was developed specifically for Denver. 11 Ities sought involves awarding points according fo the seriousness of the crime and the offender's lack of stability. For example, an individual convicted of a particularly serious manslaughter would get 12 points for the offense.

If he were a poorly-educated drifter with a long string of previous convictions, he would get 13 points on the stability scale. These points would mean a prison sentence of eight to 10 years. Ten years is the maximum In Colorado. Another person, convicted of the same type of crime, might get a four-year sentence if he had no previous convic- tions and lived a stable life resulting In credits on the stability scale. "The guideline sentences are In no way Intended to be binding, mandatory sentences," the researchers said in a written report.

"The Judge as human decision-maker will still retain the discretion to override any suggested guideline." They suggested that judges issue written explanations when they deviate from the guidelines, and they estimated that this would occur In no more than 15 per cent of the cases. as curb "This is a step forward," said Judge James C. Flanlgan, presiding judge of Denver's criminal courts. "I feel we should give it a good, true test." In a telephone Interview, Flanlgan said he is not yet using the guidelines to reach his decisions, although some of his colleagues may be. He said he checks his decision against the guidelines in each case and has found the guidelines "amazingly accurate." The LEAA quoted Kress as saying that the experiment "Is intended to eliminate disparity in one jurisdiction Denver.

The second logical step would be to gain statewide acceptance and hopefully eliminate disparity from one jurisdiction to the next in the same state." Kress said courts In Chicago, Newark, N.J., and Philadelphia are taking part in the project and developing their own guidelines which may take effect by mid-1077. Des Moines, Iowa, and Vermont also arc participating as project observers. Officials in Seattle, Phoenix, and Miami have expressed interest in the effort, LEAA said. People in the news Elsie Gosard, 63, a practical nurse at Grandview Hospital, Dayton, Ohio, says a three-wheeler Is the only way to go. She makes a six-mile trip to the hospital each day.

She says she doesn't believe she could stand being on her feet all day if she didn't get the exercise. (AP Laserphoto) Blistered, still skate fan DEATH VALLEY (AP) Linda Reingold, one of three persons who skated 125 miles through Death Valley, says she still loves skating but will stick to roller rinks until her bruises and blisters vanish. Miss Reingold completed the trip yesterday, keeping her promise to skate across the valley if Jimmy Carter was elected president. She made the vow while working as a Carter canvasser on roller skates in Southern California. "1 think I'll have a nice cold drink, a nice hot bath and the maybe go out and do some partying," she said after finishing.

She complained of an assortment of bruises, blisters and sore muscles but added, "It's a good feeling to set a goal and do it." Patient proves his point LOS ANGELES (AP) A 26-year-old former mental patient who said he was trying to show how easy it is to buy a gun and endanger people has been arrested after firing 12 to 15 rifle shots from atop a downtown hotel. No one was hit by any of the shots fired Wednesday by Jeffrey Thomas Paley of Oakland, who surrendered quietly to police atop the 12-story Cecil Hotel. He was arrested for investigation of assault with intent to commit murder. "I never intended to shoot anyone," Paley told police. He said he was just attempting to show how simple it was for anyone even a former mental patient to buy a gun and become a sniper.

He told officers he bought the rifle for $63 at a Hollywood gun shop after filling out a form that "nobody checks up on." Marine klansman nabbed CAMP PENDLETON (UPI) A Marine who identified himself as a member of the Ku Klux Klan was arrested by Navy investigators last night on a charge of refusing to obey orders, the latest in a series of events involving the KKK here. The arrest of Cpl. Dan Bailey was announced by a spokesman for camp headquarters. Bailey "who has publicly identified himself as a KKK officer, was taken into custody for refusing to carry out orders to report to a new duty station," the headquarters said in a one-sentence news release. The Marines, worried over tension between black and white troops, announced earlier that 16 klan members, not identified, would be transferred to other posts.

Ford brother legally drunk LEBANON, Tenn. (AP) Leslie Henry King, President Ford's half-brother, was legally drunk when he was killed yesterday in the head-on collision of his car and a truck, state officials said. King, 53, was driving the wrong way on Interstate 40 at the time of the crash. A routine test by the Tennessee Highway Patrol of the blood alcohol in King's body registered 0.14 per cent, said Jim Henderson, the state Safety Department's information director. Under state law, a reading of 0.10 per cent is considered legally intoxicated.

Russian gymnastics stars Olga Korbut and Nelli Kim, left, arrive by helicopter in Philadelphia to promote eastern leg A of USSR gymnastics team's touM the U.S. (UPI) Nude dudes seek state beach area SAN DIEGO (AP)-A leader of those who like to surf only In what nature gave them says he's "cautiously elated" that California soon could have the nation's first state-operated nude beach. Jim Whitehead, regional superintendent of state parks, has asked Herbert Rhodes, director of the State Parks Department, to designate a mile-long stretch of beach as a "swimsuit optional" area. Rhodes, contacted in Sacramento yesterday, said he had not received Whitehead's recommendation. Rhodes said he would study the memo when it arrives and will consult with others in the department before approving or rejecting the proposal.

Robert "Jake" Jacobs, chairman of the San Diego County Nude Beaches Committee, said proponents of nude bathing "have been discussing the exact possibility of opening this beach area with Rhodes." "There Is reason to make this beach a 'swimsuit optional' area," Jacobs continued. "Popularity dictates it should be done. In the summer, there are 200,000 nude bathers a month using state property anyway. They're already being provided with state lifeguards." There was no indication from Rhodes when he might rule under the authority given him by the state Parks and Recreation Commission to decide swimsuit questions. Jacobs said he was only cautiously elated because he feels designation of a state nude beach might prompt the City of San Diego to attempt closure of the country's only city-operated nudist Black's Beach.

A city report last month labeled Black's as the most dangerous of the city beaches. "It's unsafe because it hasn't been developed." said Jacobs. City figures show more than 113,000 nude bathers used Black's Beach in July, even though they had to climb down steep cliffs to get to it. Black's Beach adjoins the state beachfront Whitehead has in mind for the state nude beach and Jacobs said the access problems at Black's would be solved. Bathers would no longer have to.

climb down the cliffs to the 900-foot-long stretch of sand. Goldwater wants Castro ousted PHOENIX, Ariz. (AP) Cuban Prime Minister Fidel Castro should be ousted, with United States' help if necessary, Sen. Barry Goldwater, R- said Thursday. "Fidel Castro is a real problem to the whole hemisphere, and I frankly think that sooner or later he's got to go," Goldwater said at a news conference at his home.

"Now, whether he goes by our supporting Cubans who want to go back and create a revolt, or whether it takes the combined activities of the free countries of the hemisphere, I don't know," he said. In my opinion, he has to be stopped." Goldwater said he didn't want to see the United States go to war over Cuba, and added that he didn't think war was likely. Weather High yesterday 69 Overnight low 41 Expected high today 66 Expected overnight low 38 Expected high tomorrow 66 Sunrise; 6:48 Sunset: 4:43 RAINFALL Rainfall to date 1.48 Seasonal normal 1.15 This date last year 78 Isabella Dam 68,553 acre-feet Inflow: 164 cfs Outflow: 175 cfs FORECAST Continued fair, mild days with hazy sunshine and clears cool nights. Winds light and variable. Pesticide work 'zombie' nightmare HOUSTON (UPI) Nervous aliments among employes producing a pesticide caused co-workers to refer to the afflicted as zombies, according to a former chemical plant supervisor.

"It was a nightmare situation." said Raymond David, 38, who said he worked for Velsicol Chemical Corporation at Bayport from 1969 until September 1975 before quitting because of the dangers of Phos- vel production. He said behavior by some of the workers earned them the black humor nickname of "Phosvel zombies." "Guys were leaving the plant in the dead of winter without any shoes on," he said. "It got a little weird." Another former Velsicol employe, Floyd Palmer. 28, said he was never told of the dangers of Phosvel. known to chemists as an organophosphate called leptophos.

"They never told us it was dangerous." said Palmer, who worked at the plant from July 1974 to March 1976 and has filed suit claiming total disability because of the experience. "They began issuing respirators and protective clothing the last eight months I was there, after a number of employes complained about the fumes," he said. Palmer said he still suffers from drowsiness, blurred vision, sleepiness, numbness of the legs. "One time I punctured my right leg on a metal piece. My leg was so numb I couldn't feel the pain.

That's when I decided to see a doctor." David charged safety measures during production of Phosvel from 1971 until last January for shipment overseas were Inadequate. During his employment, he said there were no employe safety meetings. "I saw a guy eating a balogna sandwich in the lunchroom with Phosvel In his mustache," he said. David said most of the men who have reported nervous disorders ranging from paralysis to tremors were temporary employes hired to chop 220-pound blocks of Phosvel into smaller chunks. He said the smaller pieces, often handled with bare hands, were then pulverized Into granular form for shipment in large, plastic-lined steel drums.

Early this year, Velsicol suspended production of Phosvel, which was licensed temporarily for test use but never approved for marketing in the United States, and reported the problems to government authorities. 8 major cities in financial pinch DENVER (UPI) A researcher for the Brookings Institute says eight major cities are in financial trouble because of poor management, inadequate long-range revenue prospects and depressed economies. The cities Identified yesterday by David T. Stanley in his report for the Academy of Contemporary Problems at Columbus, Ohio, were: Boston, Buffalo. Cleveland, Detroit.

Newark, New York. Philadelphia and St. Louis. "Their economies are going nowhere and their people are going elsewhere," Stanley said in the report circulated at the annual convention of the National League of Cities. The report said the lack of adequate funds could impair the cities' "borrowing ability, require reduction of municipal services, pose a threat to public health and safety and thus diminish the quality and satisfaction of urban life." Stanley's report said urban financial problems had a "widespread impact" because remedial measures often caused problems of their own.

"The city government tries to solve its budget-balancing problems by raising taxes, imposing fees, reducing its work force and cutting down on purchases and construction." the report said. "This is bad for the local economy." Stanley said possible solutions included emergency cash grants to cities by legislatures, stiffening of state control over city financial decisions and state authorization of new taxes or special bond issues. He said the federal government could be asked for operating cash, guaranteed loans or one-time cash High court wants to move SACRAMENTO (AP) The California Supreme Court would have to move its headquarters from San Francisco to Sacramento under legislation the leader of the state Senate plans to introduce. Senate President pro tern James Mills, D-San Diego, said yesterday he will put in a bill next week that would move the court to the Library and Courts Building across the street from the state Capitol. "The idea of consolidating the court with other state offices in Sacramento, with appropriate branches to serve constituents throughout the state, is based on both tradition and efficiency," Mills said.

He also said that a government code section states that justices of the court, the clerk and reporters "shall reside at and keep their offices in the city of Sacramento." The Supreme Court moved its headquarters to San Francisco in 1878 after meeting for 13 years in the B.F. Hastings Building in what is now Old Sacramento. Mills said his measure, following a recommendation of Legislative lyst A. Alan Post, would allow the court to meet periodically in Los Angeles and San Francisco. The legislature begins its 1977 session Monday.

Liquor from page 1 sion will be that an appeal will be made to the Supreme Court, forcing the court once again to look at fair trade." U.S. District Judge Albert C. Wollenberg ruled in 1968, when he was a San Francisco Superior Court judge, that price restraints were unconstitutional. The state Supreme Court overruled Wollenberg upon appeal by the ABC. Richard Corsetti, owner of Bobs' Liquors, whose appeal of disciplinary action by the ABC prompted the appeal board's decision yesterday, was pleased with the decision, but says he plans to maintain current prices.

Corsetti's liquor license was suspended for 10 days after a state agent testified he purchased liquor at a cut-rate price. Carter to tell goals from page 1 Carter said that despite the Ford administration's decision to contract for initial production of the Bl bomber, he will have adequate time to decide on the long-term future of the project, which he once opposed. He said he is leaving his options open. "I'll reserve the right as I did during the campaign to either proceed with it or to use my influence not to proceedhe said. "It doesn't really make much difference as far as I can see that the Defense Department went ahead." In the steel price controversy, Carter said he was disappointed that the industry has been unwilling to hold the line and signal an effort to help stem inflation.

"1 thought the steel companies missed a tremendous opportunity to help me as a future president, and President Ford as incumbent, to stabilize prices," he said. Officials of the Ford administration speculated that the steel companies might have acted to protect themselves against future price controls. But Carter said he does not intend to impose controls. He said controls should not be considered except in an extreme emergency. Carter said he has no intention of imposing controls during the next four years "unless there's a national emergency, which I don't anticipate." Finally, Carter said he isn't concerned about the form of address people chose to use after he is inaugurated.

He said they can call him Mr. Carter, President Carter or Mr. President and his friends probably will continue to call him Jimmy. Carter said that's fine with him. grants, bue he said such grants would be a "bail-out hard to justify and hard to enact." The report said New York City could not borrow needed cash and might be unable to balance its budget.

He said Newark was troubled by citizens' anger at the level of city services and Buffalo had a high short-term debt. Stanley said St. Louis' economic base was shaky and there were signs its municipal payroll would be hiked. He said Boston faced high payrolls, pension liabilities and poor morale of residents. And he said Cleveland suffered from inept fiscal management, Detroit needed more state aid and Philadelphia faced money problems because of past administrative mistakes.

Vance from page 1 have the cabinet fairly well identified," he said. Vance, a New York lawyer, was a house guest at the Carter home here earlier this week, and the visit stirred speculation that Vance would be named either secretary of state or secretary of defense. The nomination is subject to Senate confirmation. Vance, 59, held a variety of posts under Presidents Kennedy and Johnson and was a ranking foreign policy adviser to Carter during the elect's campaign for the White House. A native of Clarksburg, W.

Vance was a Navy officer and is a lawyer. He took his first government assignment in 1957 as a special counsel to a Senate subcommittee headed by Sen. Lyndon Johnson. President John F. Kennedy named Vance in 1961 as Defense Department general counsel and he later became Kennedy's secretary of the Army.

Under Johnson, Vance was elevated in 1964 to deputy defense secretary, the No. 2 post in the Pentagon. He resigned the Pentagon job in 1965. Johnson often used Vance as a world-roving troubleshooter. Assignments from Johnson sent Vance to the Mediterranean during Greek-Turkish disputes over Cyprus, to South Vietnam at the time the war there was escalating, to the Dominican Republic during that country's 1965 civil war, to Panama during the 1964 Canal Zone riots and to South Korea in 1968 to assess what appeared to be rising threats from North Korea.

Johnson then named Vance, along with Averell Harrlman, as part of the first negotiating team sent to Paris for peace talks with North Vietnam in In a September speech to a high- level group that will recommend U.S. policies toward world problems, Vance said the United States has a good chance to reach solid economic agreements with Third World nations. He urged that the United States be "reasonably forthcomings In Its future dealings with poor nations..