The Los Angeles Times from Los Angeles, California • 17

uf Qoe Aafitto Chnes Aug. e. 1980-Pirt I 25 Expert Buttresses Police Shooting Account UNIVERSITY DEGREES eslielera MMtere Dealer atee tuslnees. Engineering, Education, Social Sciences COLLEGE DEGREE for Wtrk EiperfeiciMd life Experietce You moy ejuoMy fof ftodMeWty Mo4vn Doctor vto CAU (211) W5-0S7 0 UNO DETAILED MSUMf KiniiiwlM Unhertlty it now liking ipoltciltoni from nitun ptrwni let iceip-Unct In apereeriata awm progrirnt via InotMnotnt study. CamptM ittindanci ii iMtikM.

Malta work iiptrlMcs wW bt tvikutid lor Kidtmtc cradH. 0n-cam- PACIFIC WESTERN UNIVERSITY Awtfooriwd to) totrato by ftw Carffcnito put iKuHy wi guM ind iwil segraa eandklaln. Stnd rttumt or curriculum villi lor tvikiiflon or wrllteiH KENSINGTON UNIVERSITY nEStett3S'm 213245-7224 Encino, CA 91436 16200 Venture Blvd. mac Stop th torture of i change in the pocket. Of the other three bullets penetrating his body, one entered at the armpit, traversed his back and lodged in his spine.

Baggett, last week as a prosecution witness, had seemingly supported Tatum's account of the shooting with a depiction of a pattern of bullets roughly indicating Tatum was in a reaching position, as he and two witnesses claim, when hit by gunfire. But Tuesday Baggett said he believed the bullet holes in the lower jacket and pants pocket would not have lined up, as they did, if Tatum had been standing and reaching upwards. Police Detective Purcell Schube testified Monday that he examined the jacket Tatum wore the night he was shot and found bullet entry and exit holes in the wrist area. However, Shube also testified that no bullets struck the stock of the shotgun. The prosecution thus contends that Tatum could not have been aiming the gun the way officers say he was when they opened fire on him because the bullet that went through his wrist would have struck the shotgun.

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The bullets struck Tatum in the wrist, armpit and stomach. Baggett's testimony came in the trial of officers Norman Nelson, 35, Cesario Reyes, 27, and Harrell Comp-ton, 34, who are charged with felonious assault with a deadly weapon in the shooting of Tatum, a gas station attendant they claim they mistook for a robber. Tatum is paralyzed from the waist down as a result of the January, 1979, shooting at a South-Central Los Angeles gas station. Baggett told defense attorney George Franscell that none of the seven bullets that struck the cashier's booth near the cigarette rack struck Tatum. By analyzing entry and exit holes in both the booth and Tatum's body, Baggett said, he found none indicated Tatum had been standing near the rack where the shots penetrated the booth.

The defense contends that Tatum was crouched in the open doorway of the booth, which is about three feet from where the seven shots struck, and was pointing a shotgun in the direction of the officers when he was struck by four of the 11 bullets fired by police. One of the bullets penetrated Tatum's lower coat and pants pocket and was apparently stopped by loose TV DECODERS Continued from 7th Page yer representing most of the defendants. "It will have great influence on judges in other states." But Arthur N. Greenberg, a Century City lawyer representing ON TV, and Carl J. Bradshaw, general counsel for Oak Industries, said those continuing to produce the decoder boxes and related components do so at their own peril.

Greenberg said the federal case would be appealed to the U.S. 9th Circuit Court of Appeals and that ON TV would pursue state lawsuits against other individuals in Los Angeles Superior Court. "I think it is a bad decision," Bradshaw said. "But we do not consider this a setback. It's just like a boxer being tapped with a left jab.

It shows judicial timidity." Bradshaw noted that in two states, Arizona and Michigan, federal judges have issued orders to halt similar sales of decoder boxes until the cases go to trial. Defense lawyer Golden said, however, that Ly dick's decision was the first written opinion on the subject at the federal level and would, he felt, have weight when he fights ON TV in the state courts. Golden's 16 clients, primarily from Orange County, were producing circuit boards and completed kits which could be attached to a TV set to unscramble the ON TV signal. $18.95 Monthly Fee The ON TV signal is received on Channel 52. The company charges $18.95 a month plus an installation charge for its own decoder box to receive its programming, primarily recent motion pictures and live sports.

ON TV officials have attempted to maintain tight security on the construction and sales of their 8V-pound plastic decoding box. But electronics experts maintain it is one of the easier pay TV units to crack. At stake is a potentially vast television audience that seeks first-run films and sports not being shown on free commerical TV. Howard Hisayasu, owner of TV of Anaheim, one of the defendants, said in a telephone interview that he had been expecting Lydick's decision because, he contended, ON TV "was trying to monopolize the airwaves." This was a reference to an argument commonly held by producers of decoder boxes and circuit boards called signal pirates by ON TV officials that no one can monopolize broadcast signals. Major Income From Decoders Hisayasu said he has sold decorder boxes for about a year for around $225 to $250 a box and that such sales generate a major portion of his income.

"I can build one in eight hours," he said. Lawyer Golden boasted that another defendant he represented in the ON TV case, Jon Karl Larson of Cypress in Orange County, was "a true electronics genius" who "broke the ON TV (formula) in 90 minutes." An FCC source said that there is a general feeling that pay TV operators "need some kind of protection (from signal piracy) but how they get that protection is a tough question." Thus far, he conceded, the FCC, which regulates the broadcast industry, has exhibited a "reluctance" to get involved in the question of signal piracy. "It's a question of legal interpretation," the FCC source said. "This (protection of pay TV signals) is a fairly new issue. Should (protection) come from the FCC, the courts, Congress or greater diligence from the pay TV people?" He said that at present there is no definitive answer.

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