The Los Angeles Times from Los Angeles, California • 4

4 Pirt I-wia, Oct si, W79 Co Awflriea Clme Peanuts Judge Adds a Day to Policemen's Terms Had Been Ordered to Resentence Them in Houston Drowning By Schulz (hES, MA'AM, I KNOW I FEEL LIKE A PgOU)NEP RAT I WALKED ALL THE WAY TO SCHOOL IN THE POURINS RAIN Ml) W0ULPNT6IVEA 0 MINUS TO A 0R0WBO RAT, WOULP YOU, MA'AM? VI I'M ALL At the parking lot, testimony showed, the officers beat Torres and then pushed or allowed him to fall from a 17-foot ledge into the bayou, where he drowned. FIND OF THE WEEK 1 Government Suit Against Mayor Rizzo Is Dismissed U.S. Has No Authority in Complaint Accusing Officials of Condoning Police Abuse, Judge Rules HOUSTON (UPI)-A federal judge, ordered by an appeals court to resentence three former policemen involved in the drowning of a Mexican-American prisoner, Tuesday added one day to the year in prison they had already receive! U.S. Dist. Judge Ross Sterling had originally sentenced the three to one year in prison on a misdemeanor charge and a 10-year sentence tlvt was suspended in favor of five years of probation in the May 5, 1977, beating and drowning of Joe Campos Torres.

Federal prosecutors let the misdemeanor sentences stand but appealed the felony probation, arguing that it was illegal to give probation for a conviction carrying a maximum possible life sentence. A civil rights violation leading to the victim's death carries a maximum life sentence. The 5th U.S. Circuif Court of Appeals on Oct. 4 told Sterling the law required "a term of years" in prison on the felony charge for Terry Denson, 29, Stephen Orlando, 24, and Joseph Janish, 25.

The New Orleans appeals judges set no minimum. Sterling delivered the new sentences without comment, imposing one year and one day in prison on the felony charge to run concurrently with the one-year misdemeanor sentences, which had been delayed pending appeal. The judge in effect added a day to the prison time already given. Torres, 23, a Vietnam veteran with a reputation for violence, was found floating in Buffalo Bayou on May 8, 1977. Investigation disclosed he had been arrested three days earlier on a complaint of public intoxication.

Testimony at the February, 1978, trial of the three officers, who were fired after the incident, showed they had taken Torres from the bar to a secluded parking lot. For the man who has everything, A pocket knife that has everything: Flat, slim, in stainless steel, contains a blade, scissors, nail file, tweezers, screw driver and cuticle dresser. $12.50 Engraving extra. Please add sales tax where applicable plus 1 for postage and handling. HALLOWEEN is a happening tonight There's still time to get those last minute candies, fruits and pumpkins, party goods and costume masks.

It's all right here at FARMERS MARKET, 3rd Fairfax. Black Narrowly Wins Mayor Race in Birmingham BT JEFF PRUGH Tlirm Staff Writer BIRMINGHAM, Councilman Richard Arrington a sharecropper's son, became the third black to head a major Southern city Tuesday night when he was narrowly elected mayor of sometimes racially troubled Birmingham. Arrington, 45, overcame a 55.4 white majority of registered voters and defeated Frank Parsons, 38, a white lawyer-businessman and law-and-order candidate who was a newcomer to politics. With a record 65 of the voters going to the polls, the vote totals were: Arrington 44,798 or 51. Arrington's victory which brought a congratulatory telephone call from President Carter set off a night of wild cheering and horn-honking by blacks in Alabama's largest city, which the late Martin Luther King called the nation's "most segregated city" when he marched here 16 years ago to protest against segregated public facilities.

By attracting an estimated 10 of the white vote, Arrington joins Atlanta's Maynard H. Jackson and New Orleans' Ernest N. Morial as the South's big-city black mayors. Race appeared to be the overriding issue in the campaign, even though this city of 300,000 has tried to bury its racially turbulent past, which during the 1960's included bombings of civil rights leaders and official use of police dogs and fire hoses to put down black protests. It was believed that some white voters' fears were heightened by pro-Parsons campaigners who warned that the city its robberies in 1979 more than double those of 1978 could become "another Atlanta." A newspaper advertisement for Parsons Tuesday emphasized Atlanta's black mayor and its soaring crime rate.

Parsons said he had not approved the ad and called it "excessive and unnecessary." Layaway now. A deposit will reserve your choice at current prices. SLAVICK'S Fine Jewelers Since 1917 427 W. 7th Street, Los Angeles Century City PlaJ Los Cerritos Woodland Hills Promenade Laurel Plaza Clendale, La Habra, Newport. Northridge.

Santa Anita. Torrance West Covina Fashion Squares, North Orange. Fox Hills, Puente Hills, Westminster, Thousand Oaks Laguna Hills Malls San Bernardino Santa Barbara University Towne San Diego Las Vegas MORE HALLOWEEN TIPS: If you're handing out treats at your PHILADELPHIA UP)A federal judge on Tuesday threw out the major portion of an unprecedented lawsuit accusing Mayor Frank Rizzo and 19 other top city officials of condoning a "pervasive pattern of police abuse'." In dismissing the complaint, U. S. Dist.

Judge J. William Ditter Jr. said, "There exists no authority, express or implied, for the bringing of this lawsuit. This complaint therefore must be dismissed without ever testing the merits of its deeply serious charges." The suit was filed by the federal government on Aug. 13.

It alleged that police: Conducted illegal searches and seizures. Abused persons to intimidate them or extract confessions. Used deadly force in circumstances in which it was unwarranted, such as shooting suspects who had stopped running and sought to surrender. The suit also charged the alleged unconstitutional practices and policies were aimed particularly at Hispanics and blacks, and were condoned by the mayor, the police commissioner, the managing director, the medical examiner, the director of finance and 15 high-ranking police officials. Ditter said Congress had not given the Justice Department authority to bring civil rights suits on behalf of "third persons." The judge left intact a portion of the suit that alleged racial discrimination in distribution of unspecified federal funds.

Asst. Atty. Gen. Drew S. Days III, head of the Justice Department's civil rights division, said in Washington, "We will study the order closely to determine whether there is a basis now for an appeal to the 3rd Circuit Court of Appeals.

We intend to proceed with the suit on the issues of race abuse and federal funding." Rizzo, a policeman for 28 years, said the court's opinion "echoed our sentiments that the Justice Department case was built on 'sensational He said the Police De partment and others throughout the country "deserve our fullest support, because without law and order there can be no justice." "The case is over. We're extremely gratified," said City Solicitor Sheldon He said the federal funds involved in the one remaining allegation were "miniscule anyway." The judge charged that government lawyers had repeatedly "made sensational public statements which created the clear impression that the investigation was completed, that the evidence was all in and the defendants' guilt had been established beyond doubt. "Eight days after the complaint was filed, however, I met with counsel and suggested a pretrial schedule which would have brought this matter to trial on Oct. 15. 1 was immediately told by government counsel that my schedule was not reasonable, no testimony under oath had been taken, that no documents had been copied, and that an unknown number of witnesses would have to be located, interviewed and prepared for court." House Delays Vote for U.S.

Holiday on King's Birthday WASHINGTON (UPI)-The House Tuesday postponed action on a bill to make the late Martin Luther King's birthday a national holiday, with sponsors unable to get enough firm commitments to' be certain of passage. "This bill is too important to take a chance," said Rep. John Conyers The legislation would establish Jan. 15 the slain civil rights leader's birthday as a legal public holiday, effective two years after enactment of the bill. Conyers said the bill will be brought up again within the next two weeks.

door tonight, be sure you keep a porch or outdoor light on. When you send your own youngsters out to gather their treats, make sure masks have eye slits large enough to see where they're going (cut holes larger if necessary). See that those costumes aren't long enough to trip over. And, if possible, it's a good idea to have a grownup along to escort the little ghosts and goblins. A POLITICIAN is someone for whom words are about as Uk one of Slavkk's convenient charge plans or American Eapreu.

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