The San Francisco Examiner from San Francisco, California • 21

'-I "I Opinion Weather Deaths rrr 10, 1983 section wszJ Fehstein recall vote certmed: It Apiri The mayor has called the White Panthers an "eccentric, fringe group whose only interest is to harass government and embarrass The City." Patterson said that 68 percent, or 23,780 signatures, of the 34,800 turned in were valid. Of the signatures disqualified, 120 were duplicates, 320 did not match signatures on voter registration cards and the rest were not registered San Francisco voters. Patterson said the signature validity rate was "on the low side of normal." The White Panthers, a communal group, started the recall drive to protest Feinstein's handgun ban, which was enacted last year. The law never went Into effect because of legal challenges and was recently overturned by the courts. Voter pamphlets about the special election will be in the mail in early April, Patterson said.

"I'm in a fight and I need to take my case to the people," an emotional Feinstein said. The mayor defended several of her recent actions, including the handgun ban that prompted the White Panther recall. "What I've done I've believed in deeply," said Feinstein. "If this city comes down to one-issue politics, this town is sunk." The mayor said she was personally hurt by the recall and portrayed her public, life as sometimes lonely. "H's painful, you're subject to derision, you're often said.

"I've got a record of 12 years in public office," said the mayor. "There's never been a scandal, never any corruption or any allegation of personal failing that's what hurts personally." "But I intend to fight back this White Panther recall 1 Intend to go on managing the day-Unlay business of running San Francisco, and I'm not going to let this interfere with my responsibilities." After the pro-gun White Panthers group delivered more than 30,000 signatures on recall petitions, Feinstein hastily pulled together a campaign organization that wasn't ed to go into action until the regularly scheduled mayoral election campaign this fall. At a City Hall press conference today she said she will hit the streets to fight the recall "with everything I possibly can." She said she expects to raise $250,000 at a sold-out, Hyatt Regency fundraiser on Monday, will open a headquarters at Van Ness Avenue and California Street on Wednesday and is organizing a phone bank to telephone up to 70,000 voters. By David Johnston Examiner itaff writer As of today, It's official: San Francisco voters will go to the polls April 23 to decide whether Mayor Feinstein will keep her job. Today's certification of the recall measure by Registrar of Voters Jay Patterson comes as no surprise.

Patterson has said for weeks that he expected the measure to easily qualify for the ballot with more than the 10357 signatures required. Patterson said the official certification was delayed only to give workers more time to prepare for the $450,000 special election. Once a ballot measure formally qualifies, an election must be held within 75 days, Patterson said. "The certification is here and so be it," said Feinstein. '1 think this is a tremendous waste of $450,000 in taxpayer money.

Transit officials tell Peninsula how to keep the SP running laiii mmm -J' I 'V ps 1 7f 1 Fisherman's Wharf hosts a WWil torpedo Another of those old World War II torpedoes, defused and dumped In the ocean long ago by the military, surfaced at Fisherman's Wharf early today, probably dumped there by a prank-playing fisherman. The defused torpedo head, containing about 500 pounds of high explosive, was discovered on the dock outside a fishing company warehouse on Pier 45 about 7 am today. Sgt Greg Cash, head of the police department's bomb squad, said it "probably got caught in a fisherman's nets," but no one stepped forward to claim responsibility for leaving it on the pier, he Added. The area was cordoned off and a Navy explosive ordnance disposal unit from Alameda was summoned to remove It Cash said he learned from fishermen at the scene that it is quite common to snag old ordnance from the ocean. "One guy said he had picked up 20 ordnance, including a missile, old torpedos, even a wrecked plane." I What do they do with them? "I gather they take them out further into the ocean," said Cash.

With the exception of today's gift from the sea. "We need to do something to attract new riders," Cannizzaro said. Commute train passengers, who bought 21,000 tickets a day in 1979, have declined in number in the past two-and-a-half years. Only about 16,000 tickets are sold daily now. Ridership was boosted by a special ticket discount plan that was subsidized by federal funds during the 1979 gasoline price increases.

It was dropped in September 1980. Ticket sales have declined since. Directors also asked Haugh to set up a timetable for consideration of a new Park and Ride system, Improvement of maintenance of system buses and improvement of district bus routes. Chairman John Bland.said the board's community relations committee would have the responsibility of reviewing new route proposals. I Nancy Jewell Cross, longtime activist from Menlo Park, accused the directors of failing to listen to pleas for service from residents at the southern end of the county.

She insisted she had 2,000 people from her area who wanted service, if only the directors would hold a Saturday morning meeting to listen to them. But when challenged to produce names and addresses of the 2,000 for the community relations committee, Cross insisted she would present them only to the full board. On other district problems, Cannizzaro reminded directors that city officials were still seeking aid from the district to repair city streets used by transit buses. "They would like to see if the system could be changed to allow the use of smaller buses," Cannizzaro said. Director Janet Fogarty of Millbrae argued that closer cooperation on planning could avoid many such problems.

"We need to work with planners to provide streets that can accommodate our buses," Fogarty said. Some local communities provide bus turnaround areas made of concrete, while others use only asphalt paving that soon breaks down, it was noted. Examiner Peninsula Bureau SAN BRUNO A united front by Santa Clara and San Mateo counties is a critical ingredient for solving the Southern Pacific commute train's future, transit officials agreed yesterday. San Mateo County Supervisor John Ward told fellow members of the San Mateo County Transit District board of directors that rail commute ridership would continue to fall unless a teamwork approach were taken. "Our two counties need to speak with one voice on rail service," Ward said.

The rail commute service was one of several high-priority problems transit Officials were discussing for early solution in 1983. To attract new SP commute riders, transit officials have been pushing for an experimental extension of direct rail service beyond the SP terminal into San Francisco's Financial District. But San Francisco officials have twice postponed consideration of the project, and further delays are expected until Gov. Deukmejian's views on the extension are disclosed. State funds would be needed for the experiment.

SamTrans General Manager Gerry Haugh told directors that preliminary talks with state officials left him optimistic that the Peninsula commute service would be continued in the state budget "But because of the newness of the administration, no final answers could be given," Haugh said of his talks with Burch Bochtold, regional director of Caltrans. While Transit Director Bob Payne had suggested a meeting between Santa Clara, San Mateo and San Francisco policy makers on the rail, system, Ward argued that the Peninsula and South Bay officials should meet first to agree on strategy. Director Frank Cannizzaro of Millbrae contended that the two counties should also develop a "fallback" position in case the extension project is turned down. Examiner Gordon Stone FISHERMAN'S PRANK SURFACES AT FISHERMAN'S WHARF No one will admit to having fished Navy's wartime relic from the sea Today in The City Wis S.F. raid nets bootleg tapes, Sharply contrasting views of Robert Cato Prosecutor castigates, defense defends v.

as jurors wait to get Martin-Gaynor case reptiles IMlllifL v- A City urged to settle claim against police THE SAN FRANCISCO Police Commission has recommended the settlement of a $1 million lawsuit filed by a man who claimed police officers beat him the night of the riots that followed Dan White's manslaughter verdict After consultation with its legal counsel and in a unanimous vote last night the commission advised the city attorney to settle Patrick J. Besch's claim for $34,000. The recommendation "will be forwarded to the finance committee of the Board of Supervisors for further action. Besch filed his Superior Court suit in March 1980, charging that several police officers struck him in the face while he stood on the corner of 18th and Castro streets the night of May 21, 1979. His nose was fractured, he alleged, and he suffered several cuts and bruises.

Labor board to rule on USF lecturers' vote IN WHAT WAS one of the first attempts to organize a union made up entirely of part-time employees, one group of University of San Francisco lecturers has rejected labor membership while a vote of a second unit remains in dispute. The National National Labor Relations Board elections involved almost 400 part-time faculty members at the Catholic university. Lecturers at the College of Professional Studies rejected joining the USF Faculty Association by a vote of 112-78. Part-time employees of colleges of liberal arts, sciences, business and education, however, voted to join the union 8561 but 56 ballots were challenged. Many lecturers in the professional studies school work full time elsewhere.

But a number of lecturers in the other colleges depend on that income and are more open to union organizing, said university attorney Gary Mathiason. Lecturers at the two colleges are independent of each other for the purposes of the union election. Should the union prevail after the NLRB rules on the eligibility of the challenged ballots, the university could be forced to bargain a contract with the second unit. i -The NLRB allowed the election after turning down an appeal by the university, which claimed that part- time lecturers could not organize theirown union. The union filed for the election in 1981.

Balloting took three weeks. By Dennis J. Opatrny Examiner staff wriiter The prosecutor called Robert Cato a "smart ass" for his behavior after smashing a van into a cab carrying actresses Mary Martin and Janet Gay-nor, but the defense attorney pictured his client as a reluctant Judas Iscariot. The jury of seven men and five women hearing the case was to begin deliberations today to decide whether Cato, 36, is guilty of vehicular manslaughter and felony drunken driving. In San Francisco's most celebrated alleged drinking and driving case since F.

Lee Bailey beat the rap last year, prosecution and defense attorneys turned loose their richest rhetoric during closing arguments in the case yesterday. Cato, if convicted of both crimes, could be sentenced to a maximum of three years and eight months in state prison. He's sure to serve some time, at least, for the manslaughter charge. Defense attorney Tom Horn yesterday conceded to the jury that Cato was responsible for the death of Ben Washer, Martin's longtime friend and business manager, killed in the Sept 5 accident "There's no question that Robert Cato committed vehicular manslaugh- U.S. marshals raiding a Mission District home found not only the pirated films they were looking for but also 30 venomous reptiles, 16 rare and endangered San Francisco garter snakes and an endangered gopher' tortoise, all illegal to possess in San Francisco.

The marshals entered the home of Jeffrey Peter Abram, who operates Pendulum Films, at 435 Preci-ta Tuesday night and confiscated about 1,000 videotapes of classic films, then summoned the Society for Prevention of Cruelty to Animals which took the snakes, two Gila monsters, the tortoise and a green tree python. Chief Deputy Richard Bippus said Abram faces a civil lawsuit for violation of copyright laws for distributing the films. Ken White of the SPCA said Abram now faces 32 counts of violating the City Health Code against keeping wild and dangerous animals in The City, for his possession of the rattlesnakes, the python and the Gila monsters. The misdemeanor carries a maximum sentence of six months in county jail and a $500 fine on each count White said Abram also faces federal Wildlife Bureau charges for possession of three adult and 13 young San Francisco garter snakes, which are an endangered species. And Abram faces state Fish Game Department charges for keeping the Gila monsters, the tortoise and more than one kind of the various species of rattlesnakes in his collection.

He has specimens of Northern Plains, Timber, Mo-jave and other rattlesnakes, which White said Abram apparently caught himself. He said, "He appears to just really, really care for them." ter," Horn said, but told jurors his client never intended to kill anyone. The question for the jury to decide is whether the collision resulted from gross or simple negligence. If jurors find Cato guilty of gross neglience, his crime becomes a felony punishable by up to three years in state prison. If they find simple neglience prevailed, his crime would be a misdemeanor and punishable by up to a year in county jail.

Cato is accused of killing Washer when his van allegedly ran a red light at the intersection of Franklin and California streets and hit the taxi carrying Washer, Martin, and Gaynor and her husband, Paul Gregory. The three survivors were all injured, and Gaynor has still not fully recovered. Horn pictured his client as a man upset by business reverses who lost all rationality as he drove along Franklin the evening of the crash. "Try to get into his mind for six months prior to this accident," Horn said. "You're going to find a man emotionally and mentally beaten." The defense contends that Cato was not drunk at the time.

He testified to downing only one shot of peppermint schnapps shortly before driving off for dinner and hitting the cab. Horn said what made him drive maniacally was not alcohol but a broken business deal he'd been involved in for sue months and on which he'd staked his reputation and asked the trust of others. Cato, an apartment manager, had' told tenants in a building on Divisadero Street that prospective new owners wanted them out, but that they would be compensated for moving. But when the deal collapsed, the tenants moved without cash compensation. "His feeling is that he had been turned into a Judas Iscariot," the attorney said.

"He had been askeid to betray his friends." DEFENDANT ROBERT CATO 'Smart ass' or reluctant Judas? Reminding jurors that Cato was not a celebrity like Martin or Gaynor, he asked them to understand the depression his client felt "He was the one used as a pawn to get these people to leave their homes," Horn said. "It upset him, angered him, caused him to rage and caused him to explode." But Assistant District Attorney Frank Passaglia recalled the testimony of witnesses whom Cato passed on Franklin before the crash. Most said he was speeding, up to 47 mph on a street with a limit of 25 mph. Others said he swerved, weaved and tailgated. The prosecutor reminded jurors that even John McCue, Cato's friend and passenger in the van at the time of accident, had testified that he was scared witless by the driving.

"He said he (McCue) buried his feet in the floorboard," Passaglia said. "What does that mean? It means he was afraid of hitting somebody." He dismissed Cato's defense of being upset and distraught with a sarcastic "so what?" "Mr. Cato didn't give a damn," Passaglia said. "He trying to weasel out of his responsibility. He's trying to pull a con job on each and every one of you." Walking across the courtroom and pointing his finger at Cato, he called the defendant a "smart ass" for what cab driver Donald Drury had said was his lack of concern for the crash victims and his rebuff of a request at the hospital.

Crimewatch Gould and Paul streets, where he raped her. ROBBERY Took place at 2:45 a.m. at 20th and Capp streets. A cabbie picked up a man and woman at the Greyhound Depot at Seventh and Mission streets and was directed to 20th and Mission, where the man left the cab. The woman told the cabbie to drive to Capp Street and park.

The man then reappeared, produced a gun and demanded money. After taking $96, the pair fled in a green Cadillac. and Sutter streets and took him to the Golden Gate Avenue address, where he held up the cabbie at gunpoint. Loss: $48. RAPEKIDNAP Occurred at 10:30 p.m.

at Gould and Paul streets. A 20-year-old woman said a man forced her into his car at Otis and Gough streets. He drove her around the city in his car, then they abandoned the car and rode around the city in several Muni buses. Finally the suspect took the victim to the Southern Pacific railroad tunnel at Inside Bay Area report These major crimes were reported last night and early today in San Francisco. The facts come from first police reports and are sketchy: ROBBERY At Gould and Paul'streets at 4:20 p.m.

A man was waiting in his car when a man approached, pulled a gun and got into the vehicle. The suspect then demanded money and drove off in the car after taking $36. ROBBERY Took place at 5:05 p.m. at Laguna and Turk streets. The so-- called "red-light bandit" opened a car door, grabbed the purse of the 55-year-old woman driver and fled.

The thief is about 16 years old. He took off with $200. ROBBERY Happened in the 1300 block Castro Street at 5:45 p.m. A man walked into a store and. purchased a birthday card.

Then he pulled out a gun and demanded money from the 35-year-old woman behind the count- er. He fled with $390. ROBBERY Occurred at 6:30 p.m. in the 1200 block of Page Street. A 26-year-old woman and her child were entering the front door of their residence when a man followed them in.

He brandished a knife, demanded money and took $8. ROBBERY In the 2900 block of Pine Street at 7:50 p.m. A man pulled a knife on a 17-year-old girl as she was entering her residence. He then took her upstairs, where a 25-year-old woman was living. The man took $50 from the two victims and fled.

ROBBERY At 8:18 p.m. in the 1000 block of Golden Gate Avenue. A cab driver picked up the suspect at Polk Hospital advisory committees on life support urged. 4 Law, medical students split on who owns the degree. EB5 Maters, who met with the coaches last night here at Las Lomas High School.

"There were at least 40 at the meeting, and they all felt that Barry Hart received a totally onesided hearing last week without any thought to proper due process. And we still feel the firing was not justified." Last Thursday, the district board staged a "closed hearing" on the Hart case in which parents and students voiced their complaints against the deposed coach. After the hearing, the board upheld district Superintendent Walter Hale's decision to remove Hart from the coaching post Tm sorry it had to come to this," said Hart last night from his home here. "I had asked for some specific -precedures for my hearing, all of which were turned down by the district I knew the other coaches were upset about the way the district was handling this, and I knew they were meeting tonight but I didn't know they were going to submit resignations." Hart was dismissed Dec. 17 by Hale, reportedly because of pressure from disgruntled parents of players.

Sobbing mother tries saving her son's life OAKLAND The mother of convicted Montclair sex-killer Charles Jackson sobbed on the witness stand as she testified in an attempt to spare her son from the gas chamber. Georgia Mae Smith yesterday tearfully told of her 4fyear-old son's impoverished beginnings in a small Mississippi town where he was whipped by an alcoholic father "two or three times a week." The elderly woman and other members of Jackson's family were among witnesses called by defense attorney Bill Linehan in the penalty phase of the trial in which the jury will determine whether the Oakland handyman should be sentenced to death or to a life prison term without possibility of parole. 40 coaches in East Bay plan a full-court press WALNUT CREEK Forty coaches in the Acalanes Unified High School District planned to submit resignations today to protest the firing of Barry Hart as Campolindo High School basketball coach. The resignations would take effect at the end of the school year, according Campolindo head football coach Chris Maters. Coaching positions in the district are non-tenured and the resigning coaches would retain their other teaching duties.

"The vote was unanimous," said Some say defeat in Vietnam was inevitable, if not necessary. Congressman offers to mediate dispute over Qantas layoffs. B'JO.