The Boston Globe from Boston, Massachusetts • 3

The Boston Globe Saturday, November 20, 1976 3 His parole 1 blocked, Boston crime figure appeals recommended that, in view of Waggenheim's criminal background and association in Boston's organized crime syndicate, his parole status be reviewed and parole be denied. The memo was dated Aug. 21. Waggenheim was briefly transferred to Boston to appear Oct. 6 before a Federal grand jury handling a case prepared by the Justice Depart-, ment's Organized Crime Strike Force, but he was returned to Atlanta to complete his jail term.

His lawyer, Joseph J. Balliro of Boston, has argued that Waggenheim is being unlawfully detained and restrained of his liberty. and that the so-called "new information" really isn't "new" because it was all known to the government prior to the granting of Thornburgh, Waggenheim has for about 20 years been associated with, among others, Illario Zannino, also known as Larry Baione, one of the reputed leaders of organized crime in Boston. In the weeks between Waggenheim's conviction and surrender, Thornburgh said, law enforcement officers had observed Waggenheim on more than 60 separate occasions in the company of a number of alleged organized crime figures. The memorandum to the US Parole Board listed them as "George Kaufman, James Martorano, John Cincotti, Ralph Lammatina, Joe Palladino, John" Martorano, Robert Calarelli, Howard Winter, William Kazonis, John Salemme, Mike Angiulo, Joseph Rus-so, Larry Baione, Sam Granito and Joe Bottari." By Richard J.

Connolly Globe Staff A reputed Boston organized crime figure, whose parole was blocked by the Justice Department less than 24 hours before he was to walk out of the Federal penitentiary in Atlanta, is waging a legal contest in US District Court, Boston, to win his freedom. Phillip1 Waggenheim, 68, formerly of Tremont street, and of Moraine street, Jamaica Plain, a convicted extortionist and stock thief, is pinning his hopes for release on a petition before Judge Walter Jay Skinner in Boston's Federal court. Waggenheim is a former associate of Vincent C. (Big Vinnie) Teresa, the mobster who turned government witness and revealed the secrets of the New England crime organization allegedly headed by Raymond L. S.

triarca of Providence. On Sept. 16, the memorandum took place prior to-Nov. 1, 1972, and were known to the government at that time," Balliro said in a petition for a writ of habeas corpus, which would free Waggen-v heim. Judge Skinner denied a motion for a temporary restraining order but retained jurisdiction of Waggenheim's petition.

Waggenheim was serving a four- to seven-year sentence in Walpole State Prison in 1962 when FBI agents, who were operating a "bug" in Patriarca's Providence office, heard alleged organized crime figures talking with Pa triarca about "arrangements" to Get Waggenheim and two other prisoners paroled ahead of schedule. The FBI tipped off Garrett H. Bryne, Suffolk district attorney, who wrote a strong letter of opposition to the parole board. The "fix" was Waggenheim's parole. "All of the activities referred to in Kendall square should be left to one developer, panel says i By Mary Meier Globe Staff The Cambridge City Council should turn over major development authority for Kendall Square to an un- "specified private developer and end the current political stalemate, a panel of experts recommended yesterday.

The recommendations were made by an eight-member panel from the Urban Land Institute, a private land use study organization which was hired for $32,000 by the Cambridge Redevelopment Authority to take a five-day look at Kendall Square. The 24-acre square has sat nearly vacant since 1970, when Cambridge lost a proposed National Aeronautics and Space Administration electronics research center which was to have been built on the site. Since then, various factions in' Cambridge have been fighting over the future use of the 24-acre tract. In the past, the Cambridge Cham-' ber of Commerce and the Cambridge Redevelopment Authority supported plans for its development for business and industry while the Cambridge Municipal Development and Planning, 1971, Waggenheim received a 12-year sentence for conspiring to receive and sell $44,000 worth of American Express Company stock. He began serving the sentence Nov.

1, 1972. but subsequently the sentence was reduced to nine years. Last July 1, Waggenheim was notified at the Atlanta penitentiary that his parole plan-had been approved and that he could return to Massachusetts on Aug. 25. But at 3:35 on the afternoon of Aug.

24, Waggenheim was notified that he would not be released. The Justice Department had sent a last-minute memorandum to the US Parole Board, with the result that his parole was "retarded" because of "new information of substantial significance." The information was contained in a memo from Richard L. Thornburgh, an assistant US attorney general assigned to the criminal division. According to. Department proposed that the area be used for low and middle income housing.

The Cambridge City Council also has been unable to reach a consensus over the future development of the site. Addressing a packed audience of 100 Cambridge business and political igures at the Hotel Sonesta, including Mayor Alfred Vellucci and City Manager James Sullivan, panel chairman William Caldwell urged that the City Council and Cambridge Redevelopment Authority amend the current Kendall Square renewal plan, which dates from 1965. He said the city should choose a private developer with the expertise to guarantee finished sites to interested parties, following the examples of Boston's Prudential Center and the forthcoming Park Plaza renewal project. The Urban Land Institute also prepared its own bare-bones master plan for the area. The plan calls for a new hotel at the corner of Broadway and Main street and division of the Kendall Square area into a research and reports ELMA LEWIS earns $480 per week the financial reports of funds received and paid out between last Sept.

26 and Nov. 5 "are unsatisfactory" since they do not list the source from which funds were received. He also said those reports show the school's finances to be "top heavy with disbursements for payroll and other items." The reports showed that, as of Nov. 5, the school had a weekly payroll totaling $6151 and a balance on hand of is wk fst Jr PAUL ELLISON charged with larceny Court denies Ellison bid for acquittal By Al Sheehan Globe Staff Chief Justice Walter H. McLaughlin denied a motion for a directed verdict of acquittal yesterday in the larceny trial of former Boston School Committeeman Paul J.

Ellison at the conclusion of the prosecution's presentation in Suffolk Superior Court. McLaughlin, explaining his ruling with the jury absent, told defense attorney Robert F. Muse that "the commonwealth, at the least, has a prima facie case (proved cil the essential elements of the crime) for a jury to "There is an abundance of evidence that there was a continuous larcenous scheme and plan," McLaughlin said. He said there was evidence that money intended for Ellison's employees "went directly into the account of the defendant." Ellison, 36, of 2 Peak Hill West Roxbury, is charged with larceny over $100 in an indictment which alleges that he was engaged in "a continuous larcenous scheme or plan to steal City of Boston funds" from Jan. 2, 1972 to Sept.

30, 1973. The defense suffered a further setback when McLaughlin interrupted the appearance of a witness to give a "basic instruction" to the jury of 10 women and four men. Noting that a trial judge usually waits until the conclusion of evidence, McLaughlin informed the jury that the prosecution "has to prove that he (Ellison) had a "continuing criminal intent" ns alleged in the indictment. "If you find he had a continuing criminal intent and that he did steal the money and it was received in his bank account, over which he had dominion and control, it is no defense to him how he used it," McLaughlin said. "He could have spent it for the benefit of the commonwealth, he could have given it all to charity or spent it on the races.

What he did with the; money thereafter has nothing to do with it. It does not negate the crime." Muse is attempting to show that' funds from a special school committee payroll deposited in Ellison's City Bank and Trust Co. checking account were used to hire additional secretarial and clerical employees in his office. The defense is attacking the credibility of the prosecution's two major witnesses, Gerard Gill, 29, of Dorchester, and James A. Crecco, 36, of Ded-ham.

Betty Conway of 42 Cedar Grove Dorchester, a neighbor of the Gill family, testified that Gill called her in March 1976 and told her that his accusations against Gill "was a hoax" and he and Crecco had "got in over their heads." Under cross-examination of Asst. Dist. Atty. Timothy P. O'Neill, however, Conway admitted she never told anybody about the telephone conversation until yesterday morning when she talked to Muse.

Ellison is expected to take the stand in his own defense Monday. UMass teacher cleared in theft Associated Press NORTHAMPTON Clco Abraham, former professor at the University of Massachusetts School of Education, was found innocent of four larceny charges yesterday in Hampshire County Superior Court. A jury of seven women and five men deliberated for one hour and 20 minutes before returning the verdict. Abraham had been charged with causing the University of Massachusetts to issue four checks totaling $6000 to two consultants who may not exist, cashing the checks himself, and keeping the money. During the three-day trial the jurors heard testimony from 13 prosecution witnesses.

Abraham was the only witness for the defense. i The Justice Department official development industrial park north of Broadway and a southern parcel used for office and commercial purposes. Also recommended were a 1000-space parking garage and four walkways connecting the Kendall Square MBTA station with various areas. The land planners told their audience that the idea of converting Kendall Square into a large Cambridge park had been considered and rejected. Panel member Pat Cusick said the location "would be a poor site for recreation picked only on the basis that the community of Cambridge couldn't get together on a plan for development." Residential and shopping mall uses during the early development stages were also disapproved by the panel.

A major shopping mall in Cambridge would need a unique setting, such as Faneuil Hall, to attract shoppers from outlying areas, the panel said. And residential units must await initial development, it continued. "The first apartment in a vacant lot never rents," said panel member Richard Hanson. $1048. Top salaries on the payroll listed Elma Lewis as executive director and John Francis as fund development director, each at $480 per week, Broomfield said in his motion that he has requested Budd to cut certain individuals from the payroll.

He said "Budd believes the receiver has no authority" to make this request, but Broomfield said Budd has agreed to delay further expenditures for bills and payrolls after next week, pending the result of the court hearing. Participating with Broomfield and Budd at the court conference yesterday were Asst. Atty. Gen. Robert Bon-in and Asst.

Atty. Gen. Joseph Ayoub of the state Division of Employment Security. The school reportedly owes the state about $90,000 in back payroll taxes. The school's account for the week ending Oct.

29 listed a payment of $30,000 to the Division of Employment Security. When Budd began filing accounts with Broomfield in the week ending Sept. 26, the school was listed as having $17,734 on hand. By Oct. 8, according to the accounts, cash on hand had risen to $51,441 and was down to $1048 by Nov.

5. The largest amount of receipts was recorded in the week ending Oct. 29. views flock at his Mnplevole Farm i (Globe photo by Phil Preslori unsatisfactory Adopting an ad-like pose, Curry Pirotta takes a break en route to his West End home from the Faneuil Hall market district. Globe photo by Stan Grossfeld) Elma Lewis By Joseph M.

Harvey Globe Staff The Elma Lewis School of Fine Arts in Roxbury appears to be "top-heavy" with payroll expenses, a court-appointed attorney told a hearing on the school's finances yesterday in Suffolk Superior Court. George Broom field asked the court to hold a hearing in part because financial reports on the school were "unsatisfactory." Broomfield was appointed as receiver last month to take charge of the school's assets and try to work out a settlement of about $700,000 in debts owed by the institution. The hearing, scheduled for yesterday, was postponed to Nov. 30 to allow further examination of the school's accounts by school and state lawyers, and Atty. Wayne A.

Budd, court-appointed supervisor of the school's receipts and disbursements. Broomfield asked the court for an order giving him the right to approve or disapprove bills and payrolls before they are paid. He also asked to be informed of funds being sent directly to the school as a result of a media campaign soliciting contributions to the school. Broomfield said in his motion that Clergymen celebrate Metco's 10th birthday "Metco never would have got off the ground without the support of clergy." And Jean McGuire, executive director of Metco, said local churches were "often the prime mover" in a community's participation in Metco. "A number of times, Mctco has lost out because clergy were afraid to speak out," she said.

"And when there is a negative reaction, it is often the churches that lose out. People say 'I'm not going to church if they support Dr. Roens suid that "10 years ago, racism was never oui in the open" as the reason for a community's resis-. tance to Metco. "Now it is," he said.

"It's better when things surface but it's still pretty rotten, to have to deal with it." At an ecumenical prayer service alter the news conference, Rev. William B. McClain of the host Union United Methodist Church said it was the recognition of racism as the root cause of inner-city problems that led to the establishment of Metco "as an interim solution" to the deeper problem of racism." Among the organizations sponsoring the Metco Milestone Jubilee were the Massachusetts Council of Churches, the Black Ecumenical Commission, Cooperative Metropolitan Ministries, the Archdioccsan Commission on Human Rights and the Jewish Community Council. By James L. Franklin Globe Staff After a year of setbacks in suburban communities and funding troubles at the stale level, Mctco began the celebration of its 10th anniversary with a vote of confidence from an alliance of Protestant, Catholic and Jewish clergymen from Greater Boston.

Forty clergy were up at 5 yesterday morning to ride buses with children in the voluntary program that takes black Boston students to cooperating suburban schools. Local programs were held during the morning in 20 of the 34 Metco communities, and 150 persons, including 100 clergymen, later gathered at the Union United Methodist Church in Boston's South End "to reaffirm our support of programs' like Metco." Rev. Avery D. Post, president of the Massachusetts Council of Churches, told a news conference that Metco has improved learning opportunities and has "increased opportunities for friendships between black and white families." "We praise those political officials and community representatives who have provided courageous leadership at a time when some individuals ure weakening in their commitments," ho said. Dr.

Bert Hocus, present treasurer and former president of Meto, said: With the holiday nennon upon us, some of these birds will be England. Bruce Levis the center of attention on dining room tables throughout New East Kingston, N. II. 4.