The Tampa Tribune from Tampa, Florida • 43

STATE 4-B THE TAMPA TRIBUNE, Wednesday, August 7, 1974 rugs Jury Power Questioned Anti-0 Krentzman last week thre out a petition to declare the grand jury unconstitutional, which was filed in Tampa by Stansel's lawyer, Bernard Krentzman ruled that the federal courts had no jurisdiction in that matter. prevent his client from getting a fair trial. WEINBERG complimented Salcines' work with the grand jury, saying, "He has done a good job of steering a defective ship." U. S. District Judge Ben jective basis, including political reasons.

The way jurors were selected. Weinberg said some were rejected because they had harsh views against marijuana laws. -Inflamatory pretrial publicity, which he said would than the legal adult age of 18. Weinberg said he does not know whether that has yet been amended. The statute grants an unconstitutional scope of authority to jury commissioners around Florida- who can reject potential jurors on a sub- Shooting Probed Grandmother Prays For Girl's Return lb.

By PHILIP MORGAN Tribune Staff Writer The statewide anti-drugs grand jury has no legal power to investigate marijuana, the lawyer for a man indicted by the jury said yesterday. Martin Weinberg, of Boston told The Tribune he would argue that contention as one of the grounds in a motion he plans to file today in Gulf County to dismiss charges against his client. Raymond Hawkins. Hawkins was among those named in a July 26 indictment which charged a conspiracy to possess and distribute marijuana in Gulf County during February of 1973. WEINBERG SAID the way he understands the grand jury's powers, it has the legal power to investigate narcotics and dangerous drugs.

"We intend to prove that cannabis (scientific name for marijuana) is not a narcotic or a dangerous drug." The lawyer said he intends to argue that the Florida's marijuana statute itself is unconstitutional because it' "lumps" marijuana together with barbiturates- amphetamines and hallucinogenic drugs, "despite scientific evidence that marijuana is much less dangerous than all these drugs." He will further argue that the law provides unequal protection on drugs, because "alcohol and tobacco are much more harmful" than marijuana, and that laws against marijuana possession "are excessive, cruel and unusual:" he said. Tribune Bureau OCALA The Marion County Sheriff's Department has charged three local men with trying to murder one another early this week within the close confines of an au-' tomobile on the edge of town. All three men were shot with the same .38 caliber pistol, said Sheriff Don More-land. "It's like they passed the gun around and shot each other," he said. Investigators are still trying to unscramble the mystery.

Two of the men are too shot-up to talk, the sheriff said and a third man, who was treated at an Ocala hospital and re-leased, tells conflicting stories. Shot in the face with part of his tongue blasted off was 33-year-old Charles Fairbanks, listed in acute condition. Elijah Mason, 21, was less seriously injured with a stomach wound and the third man, Robert Stokes was shot in the shoulder. Jean and her brother live with their mother, Pamela Schoen in south Jacksonville but often visit their grandmother's home on the north side near Interstate 95. "I'VE TAKEN her picture all over the neighborhood and showed it to children and asking if they'd seen her," Mrs.

Maxim said, "none of them, had. Missing persons has done the same thing and they haven't found anything." Police say the search has turned up no leads. Det. Sgt. James Suber said, "This girl had no history of running away and we are afraid foul play may be involved." "It's unbelievable that she could disappear into thin air with nobody seeing her," Mrs.

Maxim said. "I think maybe some lonesome old lady, or a young one, was going along Interstate 95 saw a pretty little girl, picked her up and took her off to another place." JACKSONVILLE are still praying that it is possible someone somewhere has seen Jeannie and will come forward," Mrs. John Maxim said yesterday as the search for her missing granddaughter showed no progress. Jean Marie Schoen, 9, disappeared July 21 in the two blocks between her grandmother's home and a neighborhood store. "SHE WENT to the store for a package of cigarettes for my son, Wayne," Mrs.

Maxim said. "It must have been 15 minutes later I sent her brother, Greg, to see if she'd run into a friend." Greg, 11, couldn't find his sister. Wayne Maxim then drove around the neighborhood in his car without turning up a trace of the little blonde girl except that she had made the purchase and head-e toward her grandmother's David Link, 2, At Center, Finds A Home the Links pose for a new family portrait Couple Adopts Child Cystic Fibrosis With Waterway Dredging To Begiij Deputy District Engineer Lt. Col. James W.

Argo said the upland earth dike system of the project had been redesigned as a result of a June about Aug. 20 on a $1 million contract to clear shoals from the intracoastal waterway channel through Pinellas County on the gulf coast. By LYLE G. VAN BUSSUM Tribune Staff Writer JACKSONVILLE Army engineers say work will begin 1 ALLiAliAooiliIli Ufl Aiier Deing Abandoned by his parents, 2-year-old JDavid Link who suffers from an insurable disease, spent most of his life ibeing shuttled from one foster home Jo another. But now the days of uncertainty ended for David following his adoption last week by a Tallahassee jpouple whose 9-year-old daughter lalso suffers from cystic fibrosis.

"WE COULD NOT let him spend entire life not knowing the love of 'iiis own family, not knowing the meaning of daddy or mama or other hings we take for granted," says JjGerry Link, 33, an assistant vice president at a Tallahassee bank. "Because we have gone with a jkhild with the problem from six pnonths to 9 years old, it was much easier for us to adapt to the problems Ilhan for a family who didn't know. Corps Prepares To Control Flood Crest At Dimnellon wanted to show "all the time and money spent on making me capable of coping with this problem was not a THE LINKS' daughter, Bonnie, was six months old when she first began suffering from the hereditary disease which causes the lungs to fill up with a thick mucus. Sufferers need constant care, a special diet and exercises three times a day. "David might not live to be 20 but unless some family came along to say they would adopt him with his problems, he would never know the love of his own family," says Mrs.

Link, 31. The life expectancy of a cystic fibrosis victim has increased in recent years from 6 to 20, Link says. THE LINKS, WHO learned about David from a pediatrician who was treating their daughter, turned down a chance to take David as a foster child. "We just couldn't take a child with the problems he had for a few months or a few years and then give him up," Link says. David went to live with the Links in February and since then has been hospitalized several times.

The state pays his medical bills, a fact the Links say they were not aware of when they applied to adopt him in December. HAWKINS surrendered last Thursday to Hillsborough State Atty. E. J. Salcines, the grand jury's advisor, and state law enforcement agent Larry Campbell.

He posted a $150,000 bond and was released from Hillsborough County Jail within an hour, a spokesman said. Others named in the indictment include Raymond Grady Stansel 37, of Tarpon Springs; Calvin Joseph Sermons, 21, Tarpon Springs; Le-veral "Sparky" Raffield. 43, and his wife, Madeline, of Gulf County. OTHER GROUNDS on which Weinberg's motion to dismiss charges are based, he said, include: The statute that set up the grand jury is unconstitutional because it requires a person to live in the state a year to qualify as a member and discriminates against those who have lived in Florida less than a year. The statute requires that a juror be 21 years old rather about them," Link adds.

AUTHORITIES SAID David was Army engineers and the Southwest Water Management District decided to release another half-foot of water from the 3,500 acre reservoir prior to the arrival of the on-coming flood crest. Last weekend the Inglis reservoir was lowered six inches from 27 to 26 feet above mean sea level. The. water level n6w being released drops the reservoir another six inches to 26 feet above1 mean sea level or one and 1 feet lower than normal regulation level. Engineers said this would provide some storage capacity for the oncoming flood and help lower stages at Dunnellon and should greatly reduce flood damage.

pplaced in the care of the state after this parents began leaving him at neighbors' homes for long periods of DUNNELLON Army engineers yesterday began lowering Inglis Res-servoir another six inches in an effort' to provide storage space for a flood crest of 30 feet above mean sea level at Dunnellon through next Tuesday. The River Forecast Center at Atlanta has projected a flood crest of 30 feet or one foot above flood stage at Dunnellon next Tuesday, August 13, as a result of unusually heavy rainfall recently in the Withlacooch.ee Valley. Since the water level at Dunnellon Tuesday morning stood at 29.1 feet above mean sea level and some minor flooding was anticipated, time and refused to buy food for the child. Last year the parents agreed to put David up for adoption and the Links made their application in De- cpmber. jiJaie unK, a nurse, says sne ap t-proved adopting David because sne Keys Bridge Funds Bkayed By Cabinet meeting in Clearwater and ot: jections raised, by a smSJfc group of Crystal River cJCg 'zens.

THE CORPS DELAYED dredging work 60 days while alternate disposal routes investigated and have alS conceded to wishes of Crystal River group to vide full environmental pj tection to a seven-acre lak and for Ogden Bayou. In addition, the corps w3? alter the dike system arouSJ the disposal area to them out of the community; view; leave a 50-foot trees around the protecte lake for esthetic purposes; In5 stall a series of wires in tn disposal area to cause pended particles in the waqe to "settle out" before tht dredge-return water is djs charged back into St. JosajaS Sound and increase the heijJJJ of dikes to insure more tling time for suspended nwj terial. COL. ARGO emphasized tht an environmental assessmwe has been prepared on ISe project.

A supplemental stafej ment prepared also she'! federal and state envirgitf mental agencies now agjej the Crystal Beach site is most environmentally accsgl able area. The corps said the wfifj won't begin until after slJSg archaeologists have compjgg-ed the first increment of identifying possible Indian artifacts which are 'believeS be buried in the area. The $8 million waterway completed in, 1967 alonga 150-mile route, extending generally from Tarpon Springs to Fort Myers. Tannage on the waterway dropped from 950,358 tons to 732,754 tons between 1972-73 partially duefp reduced water depths in f. Joseph Sound.

Authorized depth is nine fe but the actual depth nowjfc only 5.7 fee in some restrjpj-ed reaches in north Pinel County opposite Crystal Beach. -a THE WATERWAY projecf a joint undertaking between the West Coast Inland Navigation District, a state agenjf, and the federal government. The state already has contributed $300,000 for construction of the dikes around the upland disposal area. Efforts to locate an acceptable disposal area have beeji-under way since 1971 andjjx other potential sites were rejected before cooperating agencies agreed to place tie material in a diked Crystal Beach. Despite a complete redesign of the disposal area, to overcome as many citizen group objections as possible the Corps says the citizens i continue to disapprove use of the site "mainly on grounds the private property owner would benefit" from the maintenance dredging and would subsequently develop fiie 60-acre site.

5 TALLAHASSEE (UPI) The cabinet, concerned with tine safety of the Overseas in the Florida Keys, feproved the transfer yester-dray of $10.8 million to repair $5 bridges, and urged law enforcement officials to enforce ruck load limits, mi a ine money wiu oe irans-rred from Department of ransportation general funds. THE CABINET authorized $ie "coastal coordinating coun- to conduct a study of TtLP Li, I mf 1 1 4 II I 1 fl 1 1 I I II 1 1 1 II fcA.LlMMIMMMMMI II II III III II II II 1 Vlurder Trial Begins Puesday In Ocala Tribune Bureau OCALA Trial begins in canals and the pollution effects of dredging in the Keys. The Overseas Highway, U.S. 1 near Key Largo to Key West, was constructed in the late 1920's on old bridges built for the Henry Flagler Railroad in 1912. There are 39 bridges in the over 150-mile stretch, and 37 have to be replaced, according to DOT officials.

OFFICIALS SAY it will cost $150 million to build new bridges, and the federal government is going to have to provide most of the money. The bridges have to be monitored closely and repaired often to keep them usable until new ones can be built. Gov. Reubin Askew said repair work will begin immediately. Askew said much of the damages to the present structures were caused by trucks carrying overweight loads.

HE ASKED FOR overnight law enforcement supervision on the weak bridges to ensure that tracks keep within safe load limits. The cabinet instructed the Coastal Coordinating Council to try to determine if dredge and fill regulations in the Keys are too rigid. When the cabinet last met, Dr. Richard Cheser, a marine researcher hired by a group of Key West residents, said more dredging could be allowed in the area. The council is to report back to the cabinet.

circuit court here Tuesday for Winterville. N.C. man ac- sed of murdering an Ocala esident in his home last Jan- fffcy wnat the Marion Jlwnty Sheriff's Department as a robbery at-Pipt. The accused is 25-year-old evans Curtis Martin a iocfendant, James McKeel, Greenville, N.C, en-a guilty plea to a recced charge of manslaughter Jifil'weelr and has been listed a state's witness to testify 4tainst Martin. 'Investigators said Edward Cannon, 60, was lot twice in the back of his lid after admitting the two into his home.

They said anhon was acquainted with one or both the men. Aerial Photo by Bfll Morris of SELBYPIC, Inc. A Study In Patterns pressionistic painting. Or perhaps in a collection of psychological evaluation tests. But it is really none of those, just a plane's eye view of part of the Chassahowitzka National Wildlife Refuge south of Crystal River shown here in its natural state much like it was when Florida was discovered and claimed.

Sometimes nature provides us with the most dramatic patterns, often reflec-ing her varied moods. This photo might be found hanging in an art gallery as an im-.