The Baltimore Sun from Baltimore, Maryland • 26

C6 THE SUN, Monday, October 25, 1971 Fighting the drug trade--JZ I Jim Murray Marijuana raid raises questions of legality an army veteran recently, re-; LAPD blows whistle on policeman -boxer turned from two years service in Germany, "wow i reel like they're wasting their" time and the taxpayers money, harassing innocent he sad-' the two brothers were taken to the station house. Driving back to the station, one of the Southern district officers commented bitterly to another, "Damn kid! There's got to be one in every crowd. Just want to show off in front of their friends. Damn, damn kids!" The boys were charged with The undercover' agents were I disappointed with the park raid, i 'i'H': 1 jhu- .11,11., ii. hi mw mi ii'ii nw wi'i 11111 IPI 'mn i 'hmthiw War It I I 1 '1 xney cauea nu or miss.

They saiq it it had been better planned they could have caught the young people with drugs? "Someone will bring drugs" "Wherever a group of young, people congregates, someone will bring drugs in," Sgt. Entz said. "You can pick up a lot of stuff on a good park raid, with a bunch of juveniles," another Of- I ficer added. "But you've' got to send an informant in else sit apd observe, the -park until you see the stuff," he ex- plained. "That's how we've made so many arrests in Patterson Park watching for hours from a 1 truck parked at the edge of i Sunpwier photo WiUlurn H.

Mortimer1 John Downes, left, and brother Mike Downes revisit scene of their arrest by a police narcotics squad. park," he said. i. As far as the disorderly con- i But according to leading judi duct charges are concerned, the men think they were justified Some say handcuffs fell out of his trunks on the way down the aisle. Others think he leaned over when an opponent was putting on a rally and warned him "Hit me one more time and I'll see to it you get the chair." Of course, the LAPD (Los Police Department) could not have its vice squad-ders going around beating people up.

For Al Stankie, it was one case where his local police didn't support HLM. They put him back to patrolling a beat, suspended him for 10 days, and told him, from then on, he could only hit people who shot at him forst. No more moonlighting He could not "moonlight" unless he fought as "the Masked Marvel," which, in view of his skills, would have been an exaggeration. He could not bust anybody in the nose unless he first apprised them of their constitutional rights and gave them one call to their lawyer. Al brooded about this for awhile.

He concluded he met a much nicer class of people in the ring. For one thing, vice is a depressing detail, a miasma of hookers, panderers, pushers and payoffs. Busting up crap games, chasing call girls, and pretty soon, the way of life itself becomes venereal On the other hand, you have heard of people who spit bullets? Al Stankie did one night at a shoot-out with a sniper. The marksman chipped a piece of marble with his 30-30 and Stankie was hiding behind the marble when the bullet ricocheted into his mouth. For all this, Al got $800 a month and a five-celled flashlight.

He got to work 12-hour shifts during the Watts riots. Even the rioters had better hours than that. and the arrests necessary. "If we tolerate that kind of-mouthing off, they'll walk all" over We've got to teach those kids to have a little re- spect for one of them When Judge Baer was told of the reporter's version of the arrests that led to the case he 11 heard in, Southern district court on September 16, he, said he nopea jvir. uuwiies wouiu ine a motion for a new trial, based" on the new evidence.

"If this is true, I'd love to hear that case again," the judge' said. John Downes said he had notr annealed the-case because he, could not afford a lawyer or, the $25 he was told it would cost to file for an Now he says he will ask tor a new trial. i 1 a Top of the Queen City Hotel Queen City Hotel being demolished Cumberland (Special) The battle to the Queen City Station-Hotel from the wrecker's ball has failed, and the 96-year- old building is being demolished. The roof has already, been stripped to the rafters, but pres ervationists have found new grounds of dispute with the B. O.

C. 0. plans. Mary C. Miltenberger, secretary of the Allegany County Preservation Society, last night accused the demolition company of breaking 15 of Cumberland City's regulations covering dem olition work.

Among the alleged infringe ments she cited were failure to barricade the property, failure to remove all glass before major destruction work, lack of a watchman during non-working hours, and lack of red warning lights to mark the site. She said the mayor of Cum berland, Thomas S. Conlon, took out summonses against Fetters the demolishes, in; the District Court Saturday evening. The go-ahead for demolition work came when Chief Justice Warren E. Burger of the United States Supreme Court refused Friday to grant an injunction further delaying the building's destruction.

The wreckers moved in Saturday morning and, according to Mary Miltenberger, "tore the slate off the good section and tore the paper and wood strips off so the water could get in very conveniently." "I think we have lost a battle, and I think the railroad is going to be sorry they' won, the first round because is going to be very expensive for them from here on out. "We are going to confront them on all the things they are doing illegally and have been doing illgally for the past 100 years. We are not going to sit by and let them get away with murder. They are going to have to obey the law like everybody else obeys the law." "But the is not as powerful in number of employees it has as it once was here. There are a lot of people who are not beholden to the who are going to make them toe the line," she said.

Baltimore 'Smiles 5 Black and "yellow You're in Baltimore' lapel but-. tons are available at the Balti- more Area Convention and tors Council, 102-104 Saint DRUGS, from C16 going to attack us. I didn't know what you were," he answered. Angry and tired by now, tne police ordered the youths to leave the park. Order Questioned One chubby youngster stepped forward and asked why.

"We're not bothering no-body," he said. "You can't make us leave." "I'm telling you to get out of here," one of the policemen responded. The boy turned to walk down the steps out of the park, mumbling angrily as he went "Shut your mouth or I'll lock you up the officer threatened. "You can't lock me up for nothing," the boy replied from the sidewalk in front of the park entrance. "Oh yeah?" the policeman said, grabbing the youth and twisting Ms arm behind lis "Hey, take it easy.

-I'll go peacefully. I'm not resisting arrest. You don't have to break my arm" the boy cried as the policeman continued to twist his arm and pushed him against a parked car. i Arrest Protested i A second youth stepped for ward, identifying himself as the brother of the boy the ponce were holding. "I want to know what you're doing to my brother," he said.

The police grabbed him before he had said another woro. "Okay, then take me too," the boy said, submitting to the officer's handcuffs. While the police waited for a paddy wagon, the first youth talked bitterly, despite warnings from police that he would "talk himself into more charges "Right- on brother," the younger, white youth said to a black officer "some justice! Some democracy! You have to come around here picking on little kids?" We weren't hurting anybody or doing a damned thing. Boy!" Sgt. Entz looked embarrassed.

"Let's keep this one out of the papers," he said to the reporter. When a paddy wagon arrived, Trash crisis stirs backers of bond issue WASTE, from C16 availability of landfill locations, the city seems to be face with a genuine crisis. The city applied more than a year ago for federal aid to build such a plant, but the application has been stuck in Washington, apparently pending some as sessment of whether the system actually works. The city has one other alterna tive hauling the refuse far away from Baltimore, landfill sites in Western Maryland or even in other states. But that kind of hauling is expensive and the D'Alesandro administration has been reluctant to take on such a project without trying to include some plans for recycling.

ceedings in the United States are biased in favor of women. This month, in what is be lieved to be a legal precedent for Maryland, a client of a lawyer, associated with, the group won child support from a wom an during divorce proceedings. Dr. Hanson praised the occasion as a "great day in our crusade." The group, now about 150 strong, plans more guerrilla ac tion in the future, along with legislative proposals and a pos sible class action suit protesting discrimination in divorce. Yesterday, as they marched in front of the cathedral they were watched by carloads of churchgoers and others.

All ap- mm disorderly conduct. The younger brother, a juvenile, was released in his parents' custody pending juvenile court action. The older boy was held overnight for a hearing the next morning. At the hearing, which lasted about five minutes, the older brother, John Paul Downes, 21, of the 1400 block South Hanover street, was found guilty and fined $50. This is what happened In Southern district court that morning, according to the official court record, which is a tape recording of the hearing.

After the charges were read, Mr. Downes asked the court to appoint a lawyer to defend him. He agreed to be tried without a lawyer when Judge Aaron Baer advised him that in disorderly conduct cases, the defendant is not entitled to a court-appointed lawyer. Patrolman John Nock, the Southern district plainclothes policeman who accompanied the narcotics squad on the raid, was called to the stand. The narcotics police did not testify in court.

Patrolman Nock described the raid, as he said he remembered it. There were several significant differences between the officer's testimony and the reporter's account of the incident. The reporter's account is interspersed below in italics wher ever it does not correspond with the off icer testimony. "As we pulled up to the park proper, several gentlemen jumped up from the group and ran," Patrolman Nock testified. After they were searched and no narcotics were found on them, or in the area, the youths were asked to leave the park, he said.

"At this time, this gentleman and a juvenile became very vocal and refused to leave the park, at which time they were arrested for disorderly conduct," Patrolman Nock told the court. Arrests outside park Both youths had already left the park when they were arrest ed. Although, the younger youth was mumbling softly, but angri ly, when he was arrested, the older brother, who- was the one being tried in court that day, had spoken once when he was arrested. want to know what you're doing with my brother," he had said, with polite control. "Did (the youth's conduct) draw a crowd?" Judge Baer asked the officer.

"The night school across the street was being let out, and there were approximately. 100 people on the corner, and 25 in the park itself," Officer Nock answered. The Southern High School niqht students were a block from the scene of the arrests, pcared to have mixed emotions about the group. ''Most of the women look pretty sullen Dr. Hanson said, "and most of the men, who might approve, are afraid to say anything." r' But one man yelled "Beautiful" to the group and several others pushed their fists through open car windows in the power salute.

A bearded man stopped his car and got out to talk things over with the protesters. "We're getting there," said Dr. Hanson, gulping black cof fee and eating a Danish roll that had been brought to him by a sympathizer. cial and legal authorities con sulted since the trial, the raid itself was apparently illegal on at least four grounds where police appear to have overstepped their authority and violated the rights of the youths in the park. Unlawful search According to Judge John Hargrove, chief judge of the city's district do not have the right ta search a person without a search warrant, unless they have grounds to arrest the person or have probable cause to believe the person is armed, with a dangerous, con cealed weapon.

When asked about the appar ently illegal search in the park, Sergeant Entz replied, inat 's how we make most of our arrests. We do it all the time." He said it was justified by a Su preme Court decision known as the Carroll doctrine. Carroll decision la prohibition-era ruling that gave police the power to search moving vehicles for contraband liquor without a search warrant! isn't even remotely associated to a park or street search of a citi zen," Judge Hargrove said. Drew Principle In addition, the police had neither the right to order the youths to leave the public park a principle established by the State Court of Appeals in Drew vs. Maryland, an integration case of the early 1960's nor did they have the grounds to charge the youths with disorderly conduct in such a situation, according to University, of Maryland law professor, A.

Tom- The fourth 1 point is that ac cording to common law, as well as official Police Department policy, plainclothes officers must show then badges and identify themselves as police before con ducting a search or making an arrest. Although police said they did identify themselves, the youths involved in the incident and the reporter who witnessed it said, they never saw a badge or heard the police identify themselves during the raid or the subsequent arrests. John Downes paid the fine and was released. He- and his friends still spend evenings the park, but now they say they are afraid the police will "pick on them" again. They say the incident has made them suspicious of the po lice and cynical about getting justice through the courts.

"I usea to tninK was on fairly good terms-with the po- lice," said Mr. Downes, who is JL 'jNow, I know you're sup-' posed to support your local and all that, but I have tell Chief Davis I caught 'onepf his officers in an act of wanton police brutality one Eight about a year ago. He was beating up an unmanned civilian. He cut his knocked him down, and was trying to break his jaw. Also, "he was hitting him where it wouldn't show in the stom ach, on the arms, around the 'kidneys.

a assault was witnessed r.fey several hudred people who 5 obviously didn't want to get except to yell from to time like "Hit 'im again, copper!" or "Now, the rubber hose, officer." another plug" "pie only apparent offense of rtha unarmed civilian was sisting an officer. Polo Corona i hadn't broken into a jewelry store, stolen a hubcap, or even run a red light. He ran afoul of the law when he agreed to fight Al Stankie in the main at the Silver Slipper in Las Vegas. He didn't know Stankie" was a cop. Neither did the cops.

They knew that "Alfred Patterson Stankiewicz" was a vice squad officer, but they thought 'AI Stankie" was just another pug. Eye witnesses disagree as to I how-Al Stankie was found out to-bean undercover cop or i aa4indercover prizefighter. 'S 20 toBlanda for late win Oakland UP) Oakland called on George Blanda in the clutch for the first time this season and Ihe 44-year-old quarterback directed: two fourth-period touchdown drives in a 31-to-27 Nation-alTeotball League victory Over the 'Cincinnati Bengals yesterday-" Fullback Marv Hubbard, who a 17-yard touchdown pass from Blanda early in the 'period, plunged one yard foYTlis" third touchdown of the gamewith two minutes to play as the Raiders came from be- hindlpwin on an 82-yard drive. Blanda, the Raiders' miracle worker of last season, entered the game at quarterback after starter Daryle Lamonica in jured his throwing hand late in the tmrn quarter. The touchdown pass to Hub bard, BJanda's 231st career scor ing throw, sent the Kaiders ahead, 24-17, after the Bengals had tied the score with a 17- point third quarter.

Cincinnati came back again, however, with an 80-yard touch down drive. Rookie quarterback Ken Anderson threw his second touchdown pass of the day, a 4-yarder to Speedy Thomas, but was injured on the play and forced out of the game. then took the leaden, an 11-yard field goal by Hoist Muhlmann after Sandy Darker-intercepted a Blanda pass and returned the football 10 yards to the Oakland 10-yard Ei3. Dave Lewis, the team's fltifiteTtook over at quarterback fg Anderson, who has been filling in for injured Virgil Carter. BhimIi Haider Jin down) 17 Rinhe Yards 35-111 pinf yrdat 139 114 41 10-1H-5 4-3 28 WKxes jiimirrr.v.

FninhlM losi 15-23-1 4-4 0 Ml Cincinnati 8 0 17 1 27 oaianq ii jia Oak Chester 19 past from Lamonlec fmmfcr Ittcit). I Oak pine Johnson 41 past from Anderson Muhlmann kick), tine F5 Muhlmann 36. Cine Anciermn 5 run iMuhtmann HcM. pals -Hubbard J7 pa Irora Blanda ISu4 kick). put'-.

Xhomai 4 Dasl from Anderson MW1ih IticW. jftitfff-FP Muhlmann 11. tr'-Jiufchard I run (Blanda kick). jmtBuance 34.W9. 9m Sports results Football -V I League Arbiffifs ff! 2 J-C)LPH vloleiville 12--EYO Middle River 0 4 Catonsvllle 81.

Cement 30--WBC AndoTer 22 12-14 Division t-Arbutua Andover 6 12 Colombia. St. Clemenia 0 ii-CJb Loeb Raven Colls 6 Jo-'-EHWOW Catonfville 42-LB8C EYO Free State League 11 Parkvil'e Gn Burnle 8 Pro Basketball (ABA) Wah PiUsburfb Kentucky Flonlana 110 111 Mempnis New iorn NHL Standings FAST DIVISION I. Pti. TQ OA Tort I 1 23 tWw.

5 I 1 11 a 4 I I 19 a a a it 1 1 i The police entered the park in the 400 block Warren avenue: The arrests were made on the sidewalk in front of a park entrance in the 300 block Warren avenue. The high school door closest to the park entrance is on the other side of Battery avenue, in the 200 block of Warren avenue. The niqht school sutdents did not appear' to have noticed the park disturbance. No night school students were called to testify in court. A group of approximately 15 youths who witnessed the park raid were in the courtroom.

They were, not called to the stand to describe what they had seen. "Exactly what did Mr. Downes do or refuse to do that caused you to arrest him?" Judge Baer asked Patrolman K--'-r "a "He refused to leave the area on order of a police officer to leave," the officer replied. Mr. Doumes left the park without He was on the sidewalk in front of the park when he was arrested.

The judge asked Mr. Downes if he had anything to say, since he did not have a lawyer. "Yes, your honor, he replied. "I would like to say that I don't find it disturbing the peace, saying 'Hey, what are you locking my brother up I don't find that disturbing the peace at all. "He said and I was leaving, and then he grabbed my brother, and I said 'Could you please tell me what you re locking my' brother up He said, Take another step and you're going to jail, too, Mr.

Downes said. "I said 'What did I and he said 'You're under That's what happened, your hon or," the youth concluded. "I find you guilty as Judge Baer said, as soon as the youth had finished speaking. "I'm the boy's mother and I'd like to. your woman called out to the judge.

"Not now, Miss," the judge told Mrs. Dewnes. Asked if he had anything fur ther to say, the Downes youth said, "Your honor, I have no criminal record. I ve never been arrested for any criminal viola tion, and I really don actually understand the violation I'm charged with." Judge Baer paused a moment, then told the. youth, "I'm sorry you don't understand, but the court has no control over your ability to understand or not un derstand.

You have the right to appeal. The fine is $50 and costs. Do you have it today? Step over and see the clerk please." Judge' Baer said in an interview several days later that in such cases he does not always believe police testimony. He said he often finds the defend' ant story more convincing than the police version. In the Downes case, the judge said the officer's testimony im pressed him as more complete than the youth's.

street 1 m'm 1 1972 MERCURYS AT LOW, LOW 71 PRICES 1971 MERCURYS DEALER'S (S5uT BEST DIM AHmmm MOTOR CO 540T REISTERSTOWN RD. I CALL 358-7700 act MOTFR In -a lot of cities, the mayor would be glad if all his police did in their off hours was stand out in the lights in front of a couple thousand people, but Al was told to hang up his gloves or hang up his holster. So, Citizen Stankie has returned to college and teaches a court-referred class of traffic violators in safe driving. At the age of 29, a lot of people are afraid he may end up as a case for homicide him self, and give a new meaning Jo "cop But, so far, in his 16 fights, ex-officer Stankie has been able to see the man and keep the peace. He was knocked out oncevbut he remembers the '( suspect was wearing white trunks and boxing gloves and had a tattoo on his right bicep.

got a "make" out on him. Trouble is, now, when Al hits the floor, they don't get on the radio to say "AH units! Officer down on the corner of Devonshire and Balbna," they just start to count to 10. Chiefs sidetrack Redskins, 27-20 CHIEFS, from Cl land Raiders, who defeated Cincinnati, 31-27. "It's not the end of the world," said Washington coach George Allen. Allen said he had "no excuses and no alibis.

We're a fine football team and we will come back. We were a team that was supposed to finish last. I'm proud of the way our team played." "We paid the total price in the second half, and that why we won," Kansas City coach Hank Stram said. "We beat an excellent team. We felt all along we could do damage to the right side ot their line.

They're a great team, but they can't stop everybody." First dnwno Rushes yards 252 FasMnx yardan 205 Return jaidaae 176 Passes 13-38-1 Fumbles Inst 1 Yards wnallzed 72 iji 10-23-2 Washington 10 7 0 32(1 Kansas City 3 3 7 14 27 I Wah-C. Taylor 4 paal 6-Kllnier (Knlant klck. KC FO Stenerud Wash. FO Knitbt 33. KC FG Stenerud 15.

-Wash. C. Tarfor 3 from Kilmer (Kniabt kick. KC O. Tavlor 26 Dass from Dawson (Sieierud klck.

Knight 53. KC. Wrtiht vtxs from Dawson fStenerud kick). KC O. Tavlor 2t Das from Dawson (Stenerud klcki.

Attendance. 51.9B9. Fathers protest divorce costs VETERAN'S DAY FATHERS, from CI 6 we are not picketing the church," said Dr. Hanson, who is an associate professor of English at Towson State College. "We are picketing Judge John N.

Maguire, who member of the church." Judge Maguire, "he said, was "easily the worst" of the Baltimore county judges who heard divorce cases. Dr. Hanson him self had appeared before him a year ago, and several of the other picketers said they had been "unfortunate enough" to 1 oaiiaKC ins auiuaimaiice. "This type of guerrilla theater is really about the best way to make our point when all is said and done, said, "Shrill letters to the editor just don seem to do the trick. The point they have been trying to make since the group was formed a year ago, he said, was that divorce law and pro JUST WILD ABOUT LARRY!" 56 NEW71 PONTjACS $60 BELOW FACTORY INVOICE JrrrriCrr mm uu 1 fl )1 'I', 1972 Ct JEW PICKUP SSSi fa Ju i fT, Fuir Ji II MODEICS 10734 PRICE Li tJ kJ -ir nib -iri mi mi ii linn i HiimnminiB inihMr hihiumii 4710 REISTERSTOWN RD.

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