Des Moines Tribune from Des Moines, Iowa • 4

DES MOINES TRIBUNE October 14, 1981 4 and "may do so, I don't know." But Nervig said if the city wins in Its appeal of Glanton's ruling "they'll just have to take it down." Said Glanton: "He can take it to the Iowa Supreme Court if he wants and ask" if the judge should withdraw from the case "just because I'm black." Nervig said the confusion about Glanton having the case had nothing to do with the judge's race. He said the order granting the radio station the court hearing originally was signed by Judge Dale Missildine and he thought Missildine was to bear the City to appeal OK for blacks9 radio tower KUCB- 1 Continued from Page One judgment in the tower case when Nervig failed to appear for what the judge said was a scheduled hearing. The city's Board of Adjustment twice had denied the station variances from the local zoning ordinances to erect the tower at its modest studio at 801 Forest Ave. The station's sponsors responded by filing suit, over the decisions. At 9 a.m.

Wednesday, city officials were to have filed legal documentation supporting the city's stand against the tower. "lite James Michael "T-Bone" Taylor (center) listens as discuss an aspect of Jury selection Wednesday at his attorneys, Dean Olson (left) and Alvin Davidson, Taylor's murder trial in Council Bluffs. Taylor defense hinted at trial Ivor Stanley charged with prostitution By It Auocltttd Prtu CEDAR RAPIDS, IA. State official Ivor Stanley, a Cedar Rapids businessman and former lawmaker, was arrested in his office Tuesday on a warrant charging him with prostitution. however, has denied the charge and threatened to take legal action to clear his name.

Stanley, 56, is chairman of the Iowa Merit Employment Commission, a part-time agency which rules on promotions and other matters affecting state workers. Stanley was named to a six-year term on the commission by Gov. Robert Ray and is paid $40 a day when the commission meets. A Republican, Stanley served in the Iowa House during the 1971-72 legislative session. Stanley was arrested Tuesday afternoon at his office at Midland Supply where he is a vice president.

He was released after posting a 5,000 bond. Although police refused to elaborate on the charge, court documents tie it to an investigation of alleged prostitution at a Cedar Rapids motel. Four other men, including motel manager Joseph Abodeely, have been charged as a result of the investigation. The charge against Stanley apparently is based on the statement of a 19-year-old woman who has been cooperating with authorities, and who told them that Stanley was one of her customers. Testimony to obtain a search warrant disclosed that the motel had been under surveillance since Aug.

25 and that, in October, the 19-year-old woman agreed to carry a transmitter so conversations in the motel could be monitored. In an interview with the Cedar Rapids Gazette, Stanley denied any wrongdoing. "I don't know what I'm even charged with doing. They didn't even tell me what I'm supposed to have done. All I know is they said it had something to do with the Abodeely case," Stanley said.

"They were very cordial to me," he said of the agents who arrested him. "I asked them what the charge was and they said I said 'What's and they showed me the warrant" "All I can say is they damn well better have some evidence or there's going to be one hell of a big lawsuit," Stanley added. "As far as I'm concerned, I've done nothing wrong." The eyes have it A bird's eyes often weigh more than its brain. TRIBUNE PHOTO BY RICK RICKMAN pay phone in the three-story courthouse. He groaned, searching for a phone among the federal offices in the building, "(Eiplitive deleted) Where's the phone, the phone?" Testimony may begin Thursday.

The trial has been moved from Waterloo on a change of venue sought by Davidson. Taylor has sat stoically at Davidson's elbow during the proceedings, glancing occasionally at the prospective jurors and elsewhere in the courtroom. Davidson broke up the courtroom with a few jokes Tuesday, but Taylor sat impassively without cracking a smile. David Correll, prosecutor and Black Hawk County attorney, has said he expects the trial to last at least two weeks. As the case unfolds, he said, the jurors will have to consider the testimony of "several" witnesses expected to be called by both sides.

The trial has attracted reporters from six radio stations, five television staions, five newspapers and both wire services. District Judge Peter Van Metre of Waterloo, who is presiding, has permitted a television camera and two still cameras in the courtroom to cover the proceedings. Alan Mores, co-publisher of the Harlan newspapers and co-ordinator for the media at the trial, said be is surprised by the area media turnout "I think one reason it's getting the attention is that it's because it's happening in their back yards. Up to now, there has been very little publicity in western Iowa about the case," he said. Many of the reporters are based in Omaha and Council Bluffs.

Nervig went to Glan ton's chambers to explain why he missed the court date at about 11 a.m. two hours after the judge ruled in favor of the station. Said Glanton, "When he came in here he asked me, 'How did you get assigned to this "I'm not going to recuse myself (give up jurisdiction) just because I am black," the judge said. "It's just the same as if it were some white judge and the station involved was KCCI." But Nervig said after leaving Glan ton's chambers that no hearing was scheduled for Wednesday and that he merely was late in getting proper legal papers filed. "There's no question in my mind that he (Glanton) made a mistake," Nervig said.

"I don't know if I want to spend any more time here or if we will take it to the Iowa Supreme Court "This judge has obviously made bis decision and it's unlikely that he'd want to change it," he said. During his talk with the judge, which was overheard by those waiting outside, Nervig assured Glanton that he did not mean to imply there was a racial motive for the judge's actions. He said that he had been ill the past two days, that the Board of Adjustment's secretary was very busy with work and that he had called the judge just before 9 a.m. explaining why he could not have the papers ready to submit on time. Glanton disagreed that Nervig called before 9 a.m., however.

Responded Nervig: "My watch said five till 9 and his may have said five after." But Nervig said Glanton should not have made a final ruling in the variance issue, in any case. "All this was was the deadline for some papers to be filed," he said. Charles Knox, an attorney active in the group sponsoring KUCB, said the station has the tower ready to put up challenge the prosecution's claim that Taylor shot the officers but will argue instead that the shootings occurred while Taylor was "high." Davidson's hope, it was being said, is that he can persuade the jury to find Taylor guilty of a lesser charge than first-degree murder, which carries an automatic life sentence. The jury is expected to have the options of finding Taylor guilty of second-degree murder, which can result in up to 25 years in the penitentiary, or of manslaughter, punishable by two to five years in the penitentiary. There is another alternative: Innocent of all charges.

Wednesday was mostly a contina-tion of Tuesday's proceedings as prosecution and defense attorneys slowly questioned prospective jurors in a search for a panel of 12. As late as Wednesday morning, nine prospective jurors had been excused for various reasons. Davidson's questions also centered on race. He asked one potential juror, "Do you think that persons in minorities tend to see things differently than others?" Many of those questioned said they had read or heard about the trial, and most of them said they learned about the trial in recent days. The long, detailed questioning has begun to wear on the patience of those in the large, wood-paneled courtroom.

One man who has sat for two days listening to the questions and is among the 80 called for jury duty, sighed, "I want to go home." A radio reporter was on edge because there was only one public By Frank Santiago Trlbun Staff Wrlltr COUNCIL BLUFFS, IA. The question has been posed to prospective jurors during the opening days of James "T-Bone Taylor's murder trial here: If the defendant has abused drugs and alcohol, would that hurt his chances of a fair trial? Alvin Davidson, Taylor's court-appointed attorney, has asked the question often and may have revealed how he intends to proceed with the 28-year-old Taylor's defense. In earlier court appearances, Davidson has entered an innocent plea for his client, saying Taylor had a "diminished responsibility" in the slaying of two Waterloo police officers July 12 because he was high on alcohol and drugs. Taylor has been charged with two counts of first-degree murder in the deaths of Wayne Rice and Michael Hoing. The officers had answered routine complaint about a loud stereo in a Waterloo home when they were shot.

Taylor was believed to have been in the home at the time of the shooting. Davidson has asked prospective jurors: "Do you believe that someone who abuses alcohol and drugs has the same rights as a teetotaler?" and "How do you feel about drug abuse?" and "Does a person who used drugs and alcohol have the same mental, emotional makeup as someone not using them?" There was a growing feeling here Wednesday, as the trial entered its second day, that Davidson won't DES 6 Mlx 200 Missildine said he did not recall signing the order but probably did so at the request of an attorney for the station. "But I was not assigned it, that I know of," Missildine added. The procedure of getting any judge to sign pretrial orders is common in District Court. The orders require a judge's signature to give them legal standing, but have nothing to do with the final judgment in a matter.

Any final judgment is reserved for the judge who is assigned to the case. Two young men beaten, set afire BATON ROUGE, LA. (AP) Two young men who left home to join the Wednesday after being beaten, set afire and left for dead in a Morgan City labor crew bunkhouse, officials said. Michael Ray Ellis, 19, of York, and Charles J. Mitchell, 19, of Loves Park, were treated for third- and fourth-degree burns at Baton Rouge General Hospital.

Morgan City police Lt. Daniel Dossett said the two also were beaten with a brick-shaped mock or concrete turaay at tee bunkhouse of the General Oil Field Services Co. Other workers discovered the two in bed, Dossett said, adding there is no known motive for the attack. The mothers of the young men said their sons had joined Circus Vargas earlier this year, but had left the circus in Baytown, Texas, last week to seek work in Morgan City. Chemical plant blast kills five FREEPORT, TEXAS (AP) An explosion touched off by a fire at a Dow Chemical Co.

plant killed five workers and injured seven others, one critically, officials said. Hospital fire LOCRI, ITALY (AP) A flash fire in a hospital killed a 70-year-old woman and injured 16 other persons here Wednesday. The fire caused by defective wiring destroyed the third floor and gutted two others in the six-floor hospital, ldge Only 1 9 tar I ULTRA LOW TAR Sinlilllliili! v'i-ftis i i-mmmmMmm, mmmgimgmmmasmi i. iwitiii I V'liHS tmM'n Cambridge gflinn lambri d8 2 II i 1 2 -5 -1 Li i -j ir slpiitig sum mm i mm ft Pkfflp Morrft las. mi ism 11111111 iVQZ? lll IPiiilpttlllBflli iH Only 1 (I iiiisiii 9 ft.

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