The Los Angeles Times from Los Angeles, California • 22

U.S. Supreme Court Refuses to Order Truck Crushes Heart Operation for Retarded Boy, 13 beneath the truck for more than an hour. Valencia K. Clark, 32, of Rio Vista, her son, Vincent, and her daughter, Valerie, whose ages were not known, were pronounced dead at a Lodi hospital, the San Joaquin County coroner said. Another daughter, Velvet, 15, and Patrick Nelson, 16, another passenger in the car, were both reported in critical condition.

The truck driver, Ritz Naygrow of Sacramento, was not seriously Cos Angeles (Simea 21 Apr. 1, 1980 Pari I Man Pleads Guilty in $300,000 Tax Case A Los Angeles man pleaded guilty in federal court Monday to charges that he attempted to evade more than $300,000 in income taxes between 1975 and 1979. Philip R. Mastere, 48, admitted that he received and placed assets and paid obligations in aliases. LODI OP) A mother and two of her children were killed and two other persons were critically injured Monday when a truck carrying bottled water hit their car, then rolled over and crushed it.

The victims were pinned in the car SPRING INVENTORY CLEARANCE SALE 5 DAYS ONLY BOOKCASES BOX SPRINGS MATTRESS ijjjjjjl' s. 'inn ii i Choice of Colors 6 1 NT mm iii Hi I "1 1 DESK 4 urawer File By JIM MANN Tim staff Writtr WASHINGTON The Supreme Court Monday unanimously rejected requests by California officials that it order heart surgery performed on Phillip Becker, a 13-year-old retarded child whose parents have refused to consent to the operation. The high court's refusal to review the case appeared to give a final legal victory to the boy's parents, Warren and Patricia Becker of Los Altos. For the past three years, they have opposed the surgery on grounds that it is not in their son's best interest and might artificially extend his life. Medical and state officials have said that without the surgery, Phillip will become short of breath and almost totally incapacitated.

They said that if the operation is not performed, Phillip will live at most another 15 to 20 years and perhaps much less than that. The Beckers said, however, that the surgery itself might be risky to Phillip's health. Furthermore, they said in court papers that they fear Phillip will outlive them if the operation is performed, and "will eventually be warehoused in the type of institution in which most older retarded people are forced to live." Phillip has lived in special homes or institutions for the retarded since birth. "We're tremendously relieved," Warren Becker, an attorney, told The Times after hearing of the court's action. The family's lawyer, Leonard P.

Edwards of San Jose, said the medical predictions concerning Phillip's future "aren't very precise. It may be that at 45, he (Phillip) will be looking at everyone and we'll be wondering what this was all about." In San Francisco, a state assistant attorney general, William D. Stein, said the high court's action marks "the end of this litigation I frankly haven't given any thought to what, if anything, can be done now." Phillip Becker has Down's Syndrome or mongolism. Like many other such children, he suffers from a congenital heart defect. In 1977, his doctors recommended that surgery be performed to correct this defect.

Before an operation is performed upon a minor, the parents must give their legal consent. Phillip's parents refused to do so. State officials then went to court in 1978, arguing that the parents' wishes should not be honored because they had failed to provide their son with "the necessities of life." Both a juvenile judge and a California Court of Appeal turned down the state's request, upholding the right of the Beckers to decide on their own whether their son should undergo surgery. In urging the high court to review the controversy, the office of California Atty. Gen.

George Duekmejian argued that Phillip had been denied fundamental fairness and the due process of law and equal protection of the laws guaranteed to him by the 14th Amendment. But the Beckers told the high court that the 14th Amendment also protects "the privacy of family life, free from state intervention." They cited once again the danger that Phillip might outlive them and thus might find himself "without the guaranteed financial support or the supervision of his environment that only (the parents) can provide." The high court's refusal to hear the case (Bothman vs. Warren 79-698) does not set any legal precedent and does not amount to a ruling on the merits of whether or not the surgery should be performed. It means only that the justices did not believe the case raised legal questions important enough to review. Warren Becker said Monday that Phillip continues to live in a nursery nearby.

He said his son's health is "the same as always." "I hope now they can go back to being a family," said Edwards, the family's lawyer, upon hearing of the court's action. Buutiful Walnut finish Dflwers on Roller Suspension. rebuilt TWIN SIZE $47" Full $59.00 King $117.00 LIST 218.00 2 FIE DRAWERS $1035 List $120.50 Sim. to Ills. Limited Supply UMIUD.SUPPL' $1A7 VINYL ANDUP WOOD LATERAL vFr 9995 Steel Suspension Drawers Fact.

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George Pla, vice president of TELACU, said he believes the charges stemmed from one "disgruntled employe" who went to the county with allegations of improper activity after being released by TELACU. However, he said the Labor Department so far has not given his agency any detailed charges, and he said he could not comment in full until he had seen them. Pla said Labor Department investigators had already visited TELACU's offices. "They are interviewing a lot of people," he said. "They are welcome to talk to anyone they want to and look at any of our records." Pla said TELACU, with profit-and nonprofit-making arms, employs about 300 people, about half of them on the CETA program.

He said TELACU has "always been active" in social and political issues and has never hidden that. However, he said that whenever TELACU staff were involved in political issues, they were given "holidays." "It's never been on TELACU time. It's always been on their own time," he said. Galloway, when contacted Monday, would say only that his department had received the allegations and passed them on to the Labor Department. However, it was learned from another source familiar with the investigation that Galloway's department did a preliminary investigation and corroborated the allegations from more than one witness.

It was learned that allegations involved the alleged use of CETA participants in President Carter's 1976 election campaign and Mayor Tom Bradley's 1977 reelection Veteran Film Stunt Man David Sharpe Dies at 70 Longtime movie stunt man David Sharpe, who performed swashbuckling stunts with both Douglas Fairbanks Sr. and Jr. and many other actors, has died of Parkinson's disease at age 70, a family spokeswoman said Monday. Sharpe died at 1 a.m. Sunday at La Vina Hospital in Al-tadena, said his sister-in-law, Marjorie Nessinger of Bur-bank.

Although the symptoms of the disease were first noticed in 1972, when he was appearing in "The Life and Times of Judge Roy Bean" with Paul Newman, Sharpe continued to work until 1978. His last stunt appearance was in the film "Heaven Can Wait." A native of St. Louis who worked in vaudeville and in circuses early in his career, Sharpe became a champion gymnast and all-around athlete and expert swordsman. Sharpe doubled for John Derek, Tony Curtis and Robert Conrad, and he was stunt double for Efrem Zimbalist Jr. in the long-running television program "The FBI." Memorial services are scheduled for 2 p.m.

Thursday at Eckerman Heisman Mortuary in Burbank. emu I2o So Attorney in Hell's Angels Case Jailed Overnight for Contempt An attorney for one of the 18 defendants in the San Francisco racketeering trial of Hell's Angels members and associates was jailed for contempt Monday. U.S. District Court Judge Samuel Conti, after a heated exchange, ordered attorney Ray Archuleta jailed overnight. Conti said resumption of the trial would depend on whether Archuleta "agrees to comport himself" properly today.

Archuleta is the attorney for defendant Bert Stefanson, whose $500,000 bail was revoked pending a hearing because of a new arrest on weapons charges. Stefanson was arrested by an East Bay Park ranger, and police, armed with a search warrant, found additional weapons at Ste-fanson's Oakland home. MUWAL RATE AKZUAL YI36 Rates effective Apr. 1 through Apr. 30.

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