The Billings Gazette from Billings, Montana • 5

Protect democratic rights, ex-spy urges By JIM GRANSBERY Of The Gazette Staff A former U.S. spy is warning the American people that the rush to tighten security to protect people from terrorists approaches the methods used by a police state. Peter N. James, a former engineer for Pratt and Whitney Aircraft his CIA cover, said Monday, "The future will be a real test of the will and courage of the people" to support such security measures without losing their democratic freedoms and rights. "I think we have a right to board a plane that is secure," he said, "but any new laws and regulations must include a system downstream so that those who are responsible (for applying them) are held accountable." "Even for covert operations, the proposals must be written and a sign-off list Included so that when the material is declassified and it is shown that public officials have been lying, there will be documentation on which they can be held accountable and brought to trial if they broke the law," he said James was in Billings for a lecture at Eastern Montana College on Monday evening.

Working for the CIA and Air Force intelligence for the past 20 years, James bases his lectures on his personal experiences with Russian spies and other foreign agents and staff members of the Watergate committee. His speech was to include an explanation of how easy it is to spy on the United States, and a proposal for pulling Cuba out of the Russian camp. In an interview with The Gazette Monday afternoon, James said, "The No. 1 issue is individual rights. I support intelligence operations, but not those that infringe upon our citizens, especially under the guise of 'national security' that allow for a police state to be set up.

"In the pre-Watergate period, Nixon set up a police-state climate," he said. "We did not need that. What you do is hire competent employees who do their job without breaking our laws and violating our freedoms. "And there must be paperwork to back up the actions," he said. "The greatest danger is that we will destroy democracy through apathy," said James.

"My little role is to rile up students. You cannot just ignore it or let your neighbor worry about it. Public outrage works, politicians like their jobs more than issues." "Politicians and President Reagan are always flip-flopping," said James. "Reagan runs the government by trial balloon. For a week he told us he was going to attack Libya, no one protested and he went ahead.

Reagan was Marcos' best friend until the day before he was run out of the Philippines." "You can bet that this Libya has a spinoff message for (Daniel) Ortega (president of Nicaragua)," James said. He added that President Reagan and his family are in personal danger now from the attack on Libya. The Libyans are already trying to justify Reagan's death, he said. James also outlined his plan for drawing Cuba and Nicaragua out of the influence of the Soviets. "We must address the problems of the economy, the poverty, and corruption," he said.

"We must save the victims of superpower politics. PETER N. JAMES cautions about future 1 reTTPmrTTCV 8A3Ph BN wants to remain in Montana, but Hatton won't rule out shutdowns OTYSTATE THE BILLINGS GAZETTE TUESDAY, APRIL 22, 1986 McColley walks utf shoutfimg on Isft dtay ff smiHy hearing is i Ordinarily, sanity hearings are closed to the public to protect the respondent's privacy, but Monday's hearing remained open at McColley's insistence. Harr testified at the end of the day that McColley's frequent outbursts in the courtroom confirmed the diagnosis that he "definitely has a mental disorder of a significant degree." The psychiatrist said McColley meets the statutory definition of being seriously mentally ilL Although McColley is being represented by court-appointed attorney Terry Seiffert, he assisted in his own defense and questioned witnesses. Kurt McColley, who sat beside bis father, advised him and frequently commented on the proceed- 7'V II Mjm "vi Besides Harr, Monday's witnesses included Police Chief Gene Riser, Undersheriff Mike Bloom and several Yellowstone County Detention Facility officers.

During testimony, McColley accused Bloom and other deputies of "beating me to death" after he was arrested and jailed March 3L McColley claims he was taken to jail at 11 10 ajn. and beaten until he was transported to the hospital about two hours later. McColley was taken to the hospital after he stopped breathing, and jail officers had performed CPR, officials testified Earlier, McColley walked into the Sheriffs Department and said he swallowed "enough pills to kill an elephant," so jail officers were acting on that presumption, they testified. Kurt McColley held up a bloodstained, torn shirt, saying it was proof of an assault against his father. Prosecutors David Hoefer and Curt Bevolden objected to McColley's cross-examination of witnesses, saying he was badgering them.

Upon cross-examination of sheriffs Lt Rickard Ross, McColley shouted: "I should badger him because he's the one who sat there and beat me to death." Officials denied any mistreatment of McColley. The blood on his shirt, they testified, came when emergency-room technicians placed a tube down his nose while trying to treat nun for a possible drug overdose. The first day of Bill McColley's sanity hearing ended late Monday afternoon when he walked out of court during a psychiatrist's testimony and-shouted, "You're insulting me." McColley was reacting to testimony of Dr. Donald Harr, which included a recommendation that McColley be involuntarily committed to Montana State Hospital at Warm Springs, or to a private psychiatric hospital outside Montana, because he suffers a mental disorder. "That's a hellhole," McColley said, referring to Warm Springs.

"This same nut declared me to Warm Springs three years ago" Shouting as they left, McColley and his family said that they "don't recognize this court" and that District Judge G. Todd Baugh already had his mind made up. McColley and his son, Kurt, accused Harr and county officials of being paranoid themselves, especially Sheriff Mike Schaf er for ordering the April 11 evacuation of the courthouse. Employees were sent home early that day because of McColley's angry outburst in Yellowstone County Attorney Harold Hansel's office that led to involuntary-commitment proceedings against him. McColley shouted, "It's all fixed" and repeatedly objected to Hair's testimony.

"He gets to tell his story, and I don't," McColley said. McColley said Harr is working with the county attorney and Sheriffs Department to get him committed. McColley also said Harr has called his entire family crazy. mm. -v.

'i The hearing resumes at 10:30 a.m. Tuesday, with McColley cross-examining Harr. Monday, McColley said he has ISO questions to ask the doctor. Throughout the day, observers in the gallery repeatedly chimed in on proceedings, prompting Baugh to admonish them. After an outburst of loud laughter in response to testimony of a witness, Baugh told them: "This is not a proceeding for your humor.

Keep your comments to yourself." Complying with McColley's request for an open hearing, Baugh twice denied the state's motion to exclude observers from the courtroom. About 30 observers began the day by picketing outside the courthouse before the hearing, then filed into the courtroom, stacking their signs in the hallway. 3 'EL Existential dialogue defies reason GazeMa photo by Uny Mayer At Large Fire damage oC Roger A Billings firefighter dumps debris from the second-story window of an apartment house at 3402 Fifth Ave. S. during a fire Monday morning.

Fire Marshal Larry McCann said the fire, which was confined to one bedroom, was started by a woman smoking a cigarette in bed. Three people were evacuated from the building's three apartments, he said. If a man from Mars had dropped into union leader Bill McColley's sanity hearing, no one could have explained what was happening. Someone might have told the alien, "You have to live here to understand." At 11:23 p.m., lawyers, accusers, respondent, judge and spectators heard this give-and-take between McColley and jailer Sgt Duane Clark: McColley: "Sir, did you ever beat me to death?" Sgt Clark: "Not to my knowledge." When no one in Judge G. Todd Baugh's courtroom snickered at this exchange, the answer to the question, "Who is crazy?" was apparent It was me.

I was the loose nut, the hod short a brick, the clip missing a shot, in this collection of sober officials and citizens. If no one thought this existential dialogue was funny, then I would have to confess to being a bit funny myself. The hearing rambled forward with the prosecutor making curt objections to McColley's playing to the gallery while (Toss-exarnining the witnesses. Then I thought again of the man from Mars. What would I say if he slipped into the courtroom, took a seat beside me and asked, "What's going on here?" Judge Baugh said earlier, "The issue here is whether respondent Dallas William McColley is seriously mentally ilL" Sgt Clark said McColley threatened to kill him, other officers and their families.

In his turn, McColley accused the officers of the police and sheriffs departments of beating him "to death." Dr. Donald Harr said it was true that McColley had nearly died by his own hand. McColley had swallowed a bunch of Quaaludes, Harr said. Harr recommended that McColley be sent to a psychiatric hospital for treatment At this point McColley walked out of the hearing. Then he returned.

Then he left Then he returned. Coming and going, McColley called the judge "a joke," and said Harr would declare anyone crazy. While McColley shouted at Harr, Judge Baugh shrugged and grinned sheepishly and said the hearing would continue Tuesday. Suddenly, I knew what I was seeing. I wished that the man from Mars was there so I could share my insight with him.

This stuff was familiar. It was minted in the '60s, and we had a name for it 20 years ago. Back then, we called it guerrilla theater. I wonder if they have a name for it on Mars. Clawson At targe Is published Sunday, Tuesday and Thursday in The Gazette and Fridays in Enjoy! Denver hypnotist to probe for details in death case With no offense intended to his honor, I would have to differ with the judge.

Deciding whether McColley was sane may have been the official excuse for Monday's show, but it was not the real reason we were there. A confused woman who wandered through the courthouse, making snide and loud remarks to lawyers, detectives and others, wandered into Baugh's courtroom and took a seat She disrupted the hearing with comments on her divorce, the weather, and her displeasure with the looks of certain men present But this show was not hers. No one was afraid of the confused lady. A lot of folks are afraid of McColley. And that, I believe, was the real issue Monday.

Police Chief Gene Riser said McColley had threatened to kill him and all his men. touck parked near a car that looked like Stefonek's, George said. A man was seen pouring gasoline into the vehicle's tank. The truck had an Arizona license plate, a blue body stripe and a white topper, possibly with tinted windows, Stefonek said. It had gold hubcaps, bucket seats, chrome bumpers and cattle guard.

It was made about 1976. Authorities originally said they were searching for a dirty two-tone blue van, but George and Dawson County Attorney Dick Simonton said Monday that the newly released description wasn't actually a new development Authorities had been searching for a van or a pickup, Simonton said. George added that the truck looked somewhat like a van. "There had been a little confusion over it," he said. Gazette Glendtve Bureau GLENDIVE Two area men will be hypnotized next month in Denver to help them remember more details about the vehicle parked at the Bad Route rest stop before Dexter W.

Stefonek's car was found burning there last Nov. 19, Dawson County Undersherif James George said Monday. The Denver Police Department has two detectives who are trained in hypnosis, according to Sgt. Phil Dinan of Denver. Stefonek, of Rhinelander, was reported missing last November and his body was found last month in a dump west of Glendive.

The two men, whom George declined to identify, have said they saw a white four-wheel-drive Chevrolet Marijuana grower gets jail term Herpes letter is hoax Basham testified. "He helped on Flag Day ceremonies, on Citizenship Day, Mother's Day." Gary agreed to delay the beginning of Elliott's sentence until Nov. 1 so the defendant could complete certain landscaping contracts, but would not forego jail time. "I'm giving you the jail time to think and as a deterrent to others," he told Elliot "If you were younger and had more crimes behind you, I'd sentence you to the penitentiary." Gallatin County Attorney Mike Salvagni showed a videotape taken by arresting officers at Elliott's greenhouse. The tape showed that Elliott used grow lights and humidifiers controlled by timers to grow the plants, which weighed 17 pounds when dried.

He was originally charged with the more serious felony possession with intent to sen, which is applicable with amounts in excess of 12 pounds. The charge was reduced to simple felony possession under a plea bargain April 7. to be used to pay informants in future drug investigations, and to perform 360 hours of community service. Elliott, a landscaper, will tend grounds for the Bozeman schools this summer and next summer, authorities said. He will do the work during weekends and on summer vacation, when students are not present, Gary ruled.

Gary called Elliott's activities a "vicious traffic" that "amazed" him. Defense attorney Steve Ungar of Bozeman argued against any jail time for Elliott so he could keep important landscaping contracts and because jail time would not help in his rehabilitation. Ungar brought in Ben Basham, a Bozeman businessman and former exalted ruler of the Bozeman Elks Club, as a witness. Basham described Elliott as a frequent volunteer for the fraternal organization's projects. "He was very eager to serve on committees," BOZEMAN (AP) A 48-year-old Bozeman man described as an eager volunteer for good causes was sentenced Monday to five weeks in jail for growing marijuana.

"You're a man of great compassion," District Judge Joseph Gary told Earnest "Jiggs" Elliott before handing down the sentence. "You're 48 years old and never engaged in criminal activity. But here you are engaged in full-scale criminal activity." Elliot, named "Elk of the Year" by the local Elks Club in 198L was sentenced for felony possession of dangerous drugs. He was arrested Jan. 17 after police found several dozen large marijuana plants in a greenhouse southwest of Bozeman.

Police said they had received a tip through the Missoula County sheriffs office about the growing operation. Gary also placed Elliott on five years probation, and ordered him to pay $1,000 to a fund 4- the information is strictly confidential" At least three people have reported receiving the official-looking form letter saying they have tested positive for herpes, a sexually transmitted virus for which there is no known cure. Young says people should recognize the letters as bogus, as they ask recipients to list "names andor species of individuals" with whom they have had sexual contact KALISPELL (AP) A letter informing KalispeU residents that they had contracted the disease herpes and asking them to submit a list of sexual contacts is a hoax, health officials say. "We don't send out notification; that's done in person or over the telephone," says Kathy Young, a nurse-practitioner for the Kalispell City-County Health Department. "We usually have our patients call us, and an.