The Baltimore Sun from Baltimore, Maryland • 21

THE SUN, Friday. April 15, 1985 i in hi i a rt Outcome of roadblock cases turns on constitutional issue VMII OVER 2,000 GAME CARTRIDGES IN STOCKI llllUll: By Russ Robinson Harford County Bureau of The Sun asanas RIVER RAID 21.88 SEA QUEST 21.98 SKYJIfJKS $16.99 oirjK 21.98 ENDUR0 $24.98 ATARI f- MJrtrJ1 ATARI ATARI? MARIS rrr ATARI 1 ATARI -r MAW! PHOENIX 22.95 tors drivers driving their male companions, who in many cases appeared to be intoxicated," Lieutenant Rockel testified. "We had one situation where a man walked up to the checkpoint and said he had left bis car at the tavern because he was drunk," Lieutenant Rockel said. "We had an officer drive him home." Both Colonel Lough and Lieutenant Rockel said they felt the roadblocks were effective; the only question is whether they are legaL Attorney General Stephen H. Sachs has said he believes they are.

But in Montgomery county, where county police officers launched the program more than a year ago, some District Court judges have ruled the roadblocks unconstitutional and have thrown out cases, said police Sgt Thomas Brightwell, coordinator of the Montgomery county program. Consequently, defense attorneys have started "judge shopping," he said, getting cases postponed until they can be heard by a judge that has in the past thrown out roadblock arrests. "We've won most of the cases," Sergeant Bright-well said. "But we've had some thrown out We haven't run the roadblocks for a couple of months. We're waiting to see how the state cases come None of the Montgomery cases has gone to the Court of Appeals, Sergeant Brightwell said, and administrators in Montgomery's police department felt it would be better to let the State Police and attorney general fight the battle through the courts.

Once the Court of Appeals decides whether or not roadblocks are constitutional, all Maryland's judges will be bound by the ruling. During yesterday's hearing, officers tried to establish that motorists went through the roadblocks voluntarily. Signs and burning flares warning of the roadblocks were placed 100 yards in front of them so motorists had a chance to turn around if they wished, said Colonel Lough. Troopers were told not to pursue cars avoiding the roadblock unless there was some indication that the motorist was drunk and trying to avoid it "In one particular case, an individual drove into the cornfield trying to make a U-turn to avoid the officers, and it was obvious he could not execute the turn properly," Colonel Lough said. The three defendants on trial yesterday were stopped on different days at different roadblocks, court records showed.

Pete Karousos, of Bel Air, was arrested December 18 the second night the roadblocks were used on Route 24 near Wheel road in Bel Air. James C. Buchanan, of Belair, was arrested December 27 on Route 24 near Old Emmorton road. Carl G. Shepers, of Joppa, was arrested January 1 on Route 152 near Old Mountain road.

After yesterday's hearing, all three defendants left by the back entrance of the courthouse to avoid television cameras stationed in front They refused to comment on the cases. Defense attorneys said their arguments would be in the documents they will file with the judge. Eelair The legality of State Police roadblocks to detect drunk drivers remained in limbo yesterday after cases against the first three defendants brought to trial were continued for at least a month. Harford county District Court Judge Harry S. A.

O'Neill heard 4'4 hours of testimony yesterday from officers who organized and operated the so-called "sobriety checkpoints." But then he decided to give defense attorneys time to file written arguments in support of their contention that the roadblocks are an unconstitutional infringement on motorists' rights. Regardless of Judge O'Neill's decision on the three cases before him, the legality or illegality of the roadblocks will not be established until a case is heard by the state's Court of Appeals, said State Police Lt Henry RockeL It could take a year or more before a case is decided by the Court of Appeals, and police will await that decision before establishing new roadblocks, Lieutenant Rockel said. The roadblocks were first set up December 17 as a three-month experiment in Harford county. They were then used in Carroll and Cecil counties during February and March to get a wider sampling of public opinion about them. Lieutenant Rockel said.

Harford county was picked for the experiment because it has one of the highest alcohol-related accident rates in the state, Lieutenant Rockel testified. After studying accident statistics and locations, officers decided to put up roadblocks on Route 152 (Mountain road), U.S. 40 (Pulaski highway) and Route 24 (Emmorton road). The effort in Harford was widely publicized, and although 4,685 vehiclas passed through the roadblocks during the experiment, only 17 persons were arrested and charged with drunk driving, Lieutenant Rockel said. The roadblocks in Cecil county were given less publicity.

While 490 cars passed through during two nights of roadblocks, 14 persons were arrested and charged with drunk driving eight times the arrest rate in Harford county. In Carroll county, where the effort also was highly publicized, 996 cars went through the roadblocks, but there were no arrests, Lieutenant Rockel said. The figures seem to indicate that publicized roadblocks changed drinking patterns and got more drunk drivers off the road, said Lt Col. Johnny Lough of the State Police, who was in charge of the sobriety checkpoint project. Colonel Lough has maintained since the checkpoint program began that officers weren't out to make a lot of arrests.

Their goal he said, was to get drunk drivers off the road. "We saw a noticeable increase in female opera SWORD QUEST $26.95 E.T. 8.99 VANGUARD 22.95 CENTIPEDE 26.98 rA pin ft I tesA- STAR RAIDERS 28.95 QIX 24.95 1 AcTiVisioH DOLPHIN 24.98 ATARI VIDEO GAME CARTRIDGES ON SALE! SOCCER $26.98 G0RF $24.88 STRAWBERRY SHORTCAKE 19.98 SPACE SPARTAN 32.95 in ALL ATARI MfTWOM BASEBALL 15.95 14-95 EH Draft resister convicted in Conn. WIZARD OF W0R $24.88 SPACE ATTACK $14.95 ASTRO BLAST 14.95 cuting outspoken draft resisters. Acceptance of similar documents in a California district court led to dismissal of charges against David Waite, the first person indicted under the new draft law.

Mr. Ford attended Wesleyan University in Middletown. His mother, Ellen Ford, testified as a character witness on her son's behalf. II ir JEDI ARENA $24,85 SKY SKIPPER $19.98 FR0GGER 21.95 REACTOR $22.95 MASH ORDER NOW! CORRECTION NOTICE Best Products Summer Sale Catalog has an inaccurate price for the Texas Instrument 994A Home Computer (Pg. 47, Item 4).

The price of Texas Instrument 994A Home computer is $249.97 with manufacturers $100.00 rebate, both effective thru April 15, 1983. On April 16, 1983 this item may be purchased at our new low price of $149.97. We apologize for any Hartford, Conn. (AP) A U.S. District Court jury yesterday found a former Maryland resident guilty of failing to register for the draft.

Russell F. Ford, 19, a Chevy Chase native who now lives in Middletown, remained free on $10,000 non-surety bond and faces a maximum pen-i alty of 5 years in jail or a $10,000 fine. No sentencing date has been scheduled. Last July, Mr. Ford became the fifth person in the nation and the first in Connecticut to be indicted on such charges since draft registration was reinstated in January, 1982.

Fifty persons have been indicted on similar charges nationwide. Five have been convicted, but none is in prison. Mr. Ford, who represented himself during his 7Vi-hour trial, jumped to his feet as the verdict was read and demanded a poll of the 12-member jury, which had deliberated for 9 minutes. Friends and relatives of Mr.

Ford, who had packed the courtroom, began shouting "shame" and "contempt of justice" and sang the protest song "We Shall Overcome." Judge M. Joseph Blumenfeld ordered the noise stopped and ordered U.S. marshals to clear the courtroom. Yesterday's verdict came less than two months after Judge Blumenfeld denied Mr. Ford's request to release documents that Mr.

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