The San Francisco Examiner from San Francisco, California • 15

Opinion Weather Deaths rfrtr an ranc(oro Examiner June 8, 1982 section for myrdeir? cops Jail Did pi lL' By Tim Reitennan Examiner staff writer A man accused of assassinating a controversial Vietnamese social worker may have been jailed needlessly for the last six months because police concealed new information, his lawyer says. Charges were dismissed yesterday against Dat V. Nguyen in the strange murder of Lam Duong, which the defense says was politically motivated. Deputy District Attorney Tom Norman moved for the dismissal after a key prosecution witness informed him that he had misidentified the defendant and had told the police several months ago. That left the prosecution with only three other eyewitnesses one wavering in his identification, another of questionable credibility because he admits to a strong dislike for Vietnamese.

"If it went to trial, it would have shown a sloppy and disorganized and unprofessional investigation On the part of police," defense attorney Gar- rick Lew said yesterday. "I think they found a suspect who fit the description and built the case, then they concealed evidence of my client's innocence." Lew said the defense at least might have been able to get a reduction in Nguyen's $100,000 bail and perhaps a dismissal months ago if the information had been made available. Even with yesterday's dismissal, Nguyen could be charged again later if the renewed Investigation turns up enough evidence. But thus far there is no physical evidence against him, and efforts to find additional witnesses have failed. Nguyen has been Jailed since last August when he was arrested and charged with shooting Duong outside the victim's Tenderloin apartment building July 21.

As the trial opened last Tuesday, the prosecutor got a startling phone calL Witness JerroW RJckard said he was surprised at being subpoenaed because he had already informed police last December that he had misidentified Nguyen as the man fleeing the murder scene. The witness said he had seen the actual suspect in the Tenderloin grocery where he worked. This was on Dec. 6 a few months after Nguyen's arrest "He feels very certain he saw the man walking on the street, come into the store and buy some cigarettes," Norman told The Examiner. In a declaration, RJckard says: "As soon as I saw him, I realized that he was the man (running from the murder).

"1. am also certain that the man I identified in the courtroom (Nguyen) was not the "I became quite upset thinking I had wrongly identified anyone, and also fearful, for I wondered why this man was coming into the store and feared that he might be checking up on me." Norman pointed out that RJckard had, after two or three minutes of scrutinizing the defendant at a preliminary hearing last November, identified Nguyen. Rickard's declaration ex- thought he saw somebody who looked like the guy." When asked hrther the defendant had unnecessarily spent several months in jail, Norman said, "It would appear that way, if it is a fact that the witness said to police at that time, 1 made a misidentif Another witness, James Card, also had developed some doubts about his identification. "He said that since the preliminary, he looked at lots of Oriental people and particularly paid attention to them." Norman said. "And the bottom line was that he said, 1 am not really sure of my Gard said be was influenced at first by a lineup of photos that police showed him: "When I saw him (Nguyen) in court, he was the same guy (as) in the pictures.

But I could not swear he was the same (man who was) in the streets. "You're talking about a person's life, throwing him in jail. And if you're not positive It's bugged me a long time." man in the grocery. Then, he said, he told Homicide Inspector Napoleon Hendrix the very next morning about his mlsidentificatkm. "Hendrix said that he would come and see me in person that day.

He did not come, nor did I ever hear from him about this." Rickard then called a lawyer, who assured him that he had fulfilled his obligation by notifying police, who in turn should have notified the prosecutor, who should have notified the defense. When reached for comment yesterday, Hendrix referred The Examiner to Norman, who said he first learned of the problem last Tuesday. "Hendrix recalled that he (the witness) called him and expressed some second thoughts," Norman said. "He ascribed it to no more than what witnesses often do when getting heat (from friends or relatives of a defendant). "Hendrix's version of how it was reported was Hendrix reported that he (the witness) ,1 Police tutor issue goes to high court The battle over special tutoring classes for minority San Francisco police officers has moved to the VS.

Supreme Court Chief Justice Warren E. Burger agreed yesterday to submit the request of the San Francisco Police Officers Association to a conference of the full court on Thursday. The request came after three judges denied a POA request for an order stopping the classes. The classes are aimed at helping "protected class" police officers prepare for an examination required for promotion to lieutenant. "We asked for a stay of the class only to the extent that it excludes non-minorities from the same tutoring," said POA attorney Ralph Saltsman.

The request was denied by U.S. District Court Judge Robert Peckham, by Judge Stephen Reinhardt of the VS. 9th Circuit Court of Appeals and by Supreme Court Justice William Rehnquist before being acted upon by Burger. Felony afloat: That guy certainly was no tourist 6 firefighters -if hurt in big Marin blaze it? LAM DUONG Victim of a strange murder plained that fear masking the defendant's face made him look very similar to the murder suspect, but that the defendant is, in fact, taller and darker complexioned. Rickard's declaration said he contacted police an hour after seeing the "mm Frankie Frost Louise Renne.

a candidate for Congress, had been excused from the weekly meeting but came late and stayed long enough to defend the appropriation. After a number of test votes, the board approved only an outlay of $106,800 to cover salaries of 120 city-staff lawyers and clerical workers until the start of the new fiscal year in July. Debate was put over for another week on the $771200 difference. This is for outside lawyers and consultants who had been hired to draw up the complex assessment plan which now appears to have lost Mayor Feinstein's favor. Kopp, as-announced last week, introduced a proposed ordinance to legalize poker for charity.

Games could be operated in churches and other non-profit centers where bingo now is allowed. There still would be no commercial poker parlors in The City. To tap a new revenue source, Kopp suggested that the city Public Utilities Commission permit paid advertising to accompany Water Department bills. He estimated this would yield about $50,000 a year. demonstrated poor judgment," the statement said.

Plan to let private group run Knowland Park Zoo OAKLAND What to do with the zoo? That will be the question tonight when the Oakland City Council is to decide whether to accept a proposal to let the East Bay Zoological Society take over the maintenance, operation and development of the city-run Knowland Park Zoo. The zoo, boasting 7,000 animals, is maintained by the city's Parks and Recreation Department For more than a year, the city manager's office has been trying to prepare a suitable lease agreement with the East Bay Zoological Society in Deputy Police Chief James Shannon said two tutoring classes tomorrow would go ahead as scheduled. The first class was held without incident last week, he said. The program was instituted following a 1979 consent decree arising from a 1973 suit filed by a coalition of minority groups. They contended that there was racial discrimination in hiring by the San Francisco Police Department.

For the nation's high court to hear the case, four justices must vote to place it on the agenda for the fall term, which begins in October. They will announce their decision next Monday. Lawyers for the city have argued that the POA's request should be denied because the lower court order mandating the classes does not prevent the department from offering a similar course for non-minority officers. No blacks, Asians or women hold the permanent rank of lieutenant, Shannon said. The department has tw Hispanic lieutenants.

appearance after the vessel was closed for the night. "We've made some adjustments in our security system," he added. "We won't be so accommodating." The Pampanito, named for a small fish.found in Panamanian waters, was built in Portsmouth Naval Shipyard and commissioned in 1943. It sank five enemy ships and damaged four during World War D. After the war It was a training sub and was acquired by the Maritime Museum in 1976.

Magnin, Belli on the street Cyril Magnin and Melvin Belli may soon join the list of well known San Franciscans whose names appear on street signs. Supervisor Wendy Nelder proposed that 2-block-long North Fifth be renamed Cyril Magnin Street to honor the merchant prince and official city greeter. And Supervisor Carol Ruth Silver suggested that the "sidewalk area in front of the Belli building" on Montgomery Street be called Belli Plaza. Board President John Moli-nari and Silver also jointly sponsored a resolution to name the Verba Buena Center entrance plaza on Market Street in memory of Raoul Wallenberg, the Swedish diplomat who disappeared in Soviet custody, "for his courageous, humanitarian efforts during World War II." The entire board joined as coauthors. I Inside Six firefighters were hurt battling a blaze that destroyed a San Rafael furniture warehouse-store.

The cause of yesterday's fire at the California Stools, Bars and Dinettes Furniture 566 Irwin is under investigation. Fireman, above, drags boy out of danger as the fire destroyed the contents of the building and burned through a quarter of the roof. Damage was estimated at $750,000. It took firemen an hour to contain the blaze, which was reported at 3:13 p.m. Fire engines from San Anseimo, Larkspur and Kentfield were summoned to help San Rafael firefighters.

Six firemen suffered second-degree burns on their arms and legs when a loft collapsed. They were taken to Marin General and released after treatment. It was the second major fire in a little more than a year on the same stretch of Irwin Street. Dolson wants lower neighborhood fines special permit to allow plumbers, carpenters, electricians and other contractors to park in preferential parking areas. Dolson notes that there is precedent for the split-fee plan.

The Traffic Code now recognizes two types of yellow zones: bail in the metropolitan zone is $40, in the non-metropolitan zone $20. "The people who frequent neighborhood commercial areas are in most cases San Francisco residents and taxpayers," Dolson said. "Our fiscal position is such that we can afford to give this small break." He also mentioned a potential benefit to neighborhood merchants, saying: "Rather than run the risPof getting a $10 ticket, many people will make a point to take their business somewhere where there is a free parking mall. In the West of Twin Peaks area, that means Daly City, and I think San Francisco merchants cant afford to lose the business." In other action, the supervisors: Killed legislation to raise admission prices at the California Academy of Sciences in Golden Gate Park. The measure would have doubled the price By Ken Wong Examiner staff writer Police described it as a "routine robbery." But it may be a first in the annals of crime robbing a submarine.

Police are seeking an armed man who robbed the USS Pampanito, berthed at Pier 45 as part of the National Maritime Museum Association's exhibit, Sunday night and made off with $2,000 to $5,000 in cash. Since the World War D-vintage Pampanito opened last March, thousands of people have paid from $1 to $3 to roam the vessel, reliving its glory days via a tape recording. The submarine is open from 10 a.m. to 10 p.m., according to manager Russell Booth. Shortly after closing time Sunday, night cashier Peter Scnmidlapp, 32, was in his office on the vessel when the robber alked in.

Police said he was young, dressed in navy blue, and carried a blue plastic bag and a blue steel revolver. He had a brown paper bag over his head with two eyeholes cut out. He pointed the gun at Scnmidlapp, handed him the plastic bag and asked for money. The cashier told police he had not counted the weekend receipts, but estimated that he put $2,000 to $5,000 in the bag. Then the gunman searched the room, grabbed Schmidlapp's wallet, ordered him face down on the deck and kicked him.

He locked Scnmidlapp in the office, a converted radio room in the middle of the sub, and fled. Schmidlapp was excused from work yesterday. "He's more shaken up than hurt," according to Booth. "Apparently, he (the robber) had a key and knew the routine of the ship," Booth said. The suspect had been hiding in a cubicle and made his the hope that the private, non-profit organization could better handle all the zoo's management needs.

"Animals are the whole aim of our society," said William Penn Mott society director. "We can concentrate on building up the zoo, and that will be our sole objective while the city is involved in hundreds of other projects." City Manager Henry Gardner has prepared a lOyear lease agreement for the Zoological Society, a contract that would eventually enable the city to save a portion of the $315300 a year it now spends on the zoo. If the contract is approved by the City Council, the city would begin to ease out of its zoo commitments July 1 until the society would be the sole supporter of the animals, rides and other attractions. i By Sydney Kossen Examiner staff writer Supervisor Lee Dolson wants to roll back the fines for San Francisco neighborhood parking meter violations. He proposed a split-fee system under which tickets in neighborhood commercial zones would cost $3 hile the bail for meter infractions in the metropolitan areas would remain at $10.

Parking fines have grown into a 125-milhon-a-year city business. Dolson yesterday became the fifth supervisor to offer comforting legislation this month to the outraged motorists. QuentinKopp would cut all parking ines in half by setting them back to the' 1980 levels. Richard Hongisto wants to abolish 13-minute parking meters. He calls them "ticket traps" and says the public is getting "shellacked" by over-zealous enforcement of all parking regulations.

Carol Ruth Silver would apply three different levels of fines, depending on the size and value of the car. And Doris Ward has proposed a Crimewatclv jhese major crimes were reported last ntnht Anri oarfv tnriAU in FrAnriA co. The facts come from sketchy reports: .9... early, ROBBERY Three men with knives 6 took $15 a robbery at 1 1 p.m. in the 900 btocK of Fulton Street.

Attempted homicide rape rob- BERV A man forced a -woman into 'her car at 1 1:30 p.m. at Dunslow and Hottoway avenues, tried to rape her, Mailed and then robbed her. RAPE KIDNAP Five men forced a 17-i year-old flirt into a vehicle at 1:30 a.m. at 20th and Capp streets, took her to the Bernal Hetghts area and sexually assaulted her. FEtONY ASSAULT Five men beat two others with chains in a pool-game dispute at 2 a.m.

at San Bruno Avenue and Woolsey Street. of the Kkent children's ticket and raised the adult fee to $2 from $1.50. Voted final approval for motorized cable cars to substitute for the real ones when the caWe-car system is shut down for a two-year rebuilding project starting this fall. Approved a $3million application for federal funds to construct bicycle lanes and spruce up Market Street between McCoppin and Diamond streets. Extended the life of the Sunday Farmers Market whose first-year permit to use United Nations Plaza expires next week.

Supervisor Silver, who sponsored the original legislation, reported that "the first year was extremely successful. Hundreds of residents of the central city had access, on foot and by Muni, to the kind of fresh produce that otherwise can only be obtained by automobile." Argued for three hours again over $878,000 that City Attorney George Agnost said is needed to pay for extra work involved in preparing the controversial downtown transit assessment district plan. Legal challenges were raised once more by Kopp and Dolson. Supervisor as a law and order candidate, said he had been "sickened" by some of the deals judges have given criminal defendants. In their statement the judges said Larsen's "last desperate efforts to gain some political advantage by attacking the courts cannot go unanswered" The one-page letter was signed by seven Superior Court and four Municpal Court judges, representing nearly half the county's 23 judges.

They said it is the effective operation of the county's courts that have made their calendar the most current in the state "It is true many judges question (Larsen's) candidacy for district attorney, not for reasons he alleges in his recent political remarks, but because he has been ineffective as a prosecutor and repeatedly Bay Area report County judges blast D.A. candidate Larsen REDWOOD CITY In an unusual move, nearly half of San Mateo County judges have joined to blast district attorney candidate Bill Larsen, accusing him of being ineffective as a prosecutor and using poor judgment Although judges rarely speak out on political races, 11 Superior and Municipal Court judges have issued a statement attacking Larsen for statements he made at recent "candidates' forums. Larsen, the county's chief deputy prosecutor, has accused judges of using excessive plea bargaining to clear their court calendars. At a recent forum, Larsen, running Both tragedy and happiness await an Oregon man when he Iff? i1 reaches Bay Area. 12 Two women whose relatives were slain by paroled felons fff yi start a new group.

12) Assembly Demos avert a GOP election- eve victory by Hf) 5 delaying budget vote. LSP Elmer Edwin Robinson, the 32nd mayor of San Francisco, died last fgV night..