The San Francisco Examiner from San Francisco, California • 20

A20 S.F. EXAMINER Nov, 1. 1982 A J. I- Anoiner 'Throat' nominee Jfivf u-J. Pacita Banks, at far right, wonders about the circumstances of the death of her daughter, Mercedes Josephine Banks, 20, right, during fire in her cell at the Emeryville city jail Parents wonder about a daughter's fiery fate By Mircya Navarro Examiner staff writer OAKLAND It wasn't the first time their 20-year-old daughter had been in trouble, but yesterday, Frankland and Pacita Banks didn't hear from the police.

The man at the door of their Oakland home said he was from the coroner's office. Mercedes Josephine Banks, "Mercy" to relatives and friends, was found dead in an Emeryville jail cell early yesterday morning after she "created a fire for unknown reasons." according to police Chief John D. Lacoste of Emeryville. The Alameda County coroner's office, after an autopsy, attributed the death to burns and smoke inhalation. In a prepared statement, Lacoste said Banks was arrested at 11:45 p.m.

Saturday after a patrol officer spotted her walking on traffic lanes at the intersection of Verba Buena Street and San Pablo Avenue, He said that hile being booked at the police station on a charge of public drunkenness, she "became argumentative and attacked both the matron, causing bruises to tier legs, and the arresting officer." The chief said that at that point, at about 12:15 a.m., Banks was placed in a holding cell "to calm down." He said officers had already confiscated 13 loose wooden matches they found on her. At 1:47 a.m., the mechanical audio-visual system used to monitor the four-cell jail alerted officers to smoke coming from under Banks' solid cell door, Lacoste said. He said two officers responded "immediately" but were overcome by smoke. It wasn't until firefighters arrived minutes later and put out the fire that Banks' body was retrieved. Although Lacoste said earlier it appeared she had concealed a match on her person, Sgi.

Joe Maltby, who was doing the investigation, said this morning a small disposable lighter was found in the cell near the door. He also said the mattress had been pushed against the cell door before it was set aflame. "All we can say is that it (the fire) was deliberately set," he said. "We don't know why." Police Lt. Dave Reno said he did not know if there are smoke detectors in the jail, and noted that the monitoring cameras cover the hallway, not the inside of the cells.

As police wound up their investigation, Frankland and Pacita Banks mourn their daughter's death, overwhelmed by unanswered questions. "When she's drunk, she's hard to handle, but she's never tried to set any fire," said Frankland Banks, 44, a laboratory technician. "How that happened, I don't know." He said he went to the Emeryville police station at 12:30 p.m. yesterday but was told no one was available at the time to talk to him. Said the oldest of Mercy's three sisters, Jeanie Mazariegos, 22 "I can imagine her being drunk, but not to do that to herself." Mercy, her relatives candidly said last night, had been a problem since she as 10.

Alcohol was a recurrent difficulty; she had also been hospitalized for drug treatment and at one a I 0 I r. 0 it t) si a' si fc le cc Examiner, Kurt Rogers "She was here Friday morning," said her 40-year-old mother, Pacita, tightly holding onto a stuffed brown dog. "She was playing with her baby sister and then left for her boyfriend's." Neither her relatives nor police knew how she ended up in the busy Emeryville intersection Saturday night. And while Frankland Banks accepts the validity of his daughter's arrest that night, he questions the circumstances that led to her death. "It just doesn't seem right, but I don't know what went on," he said.

"I expected the cops to have their heads screwed on a little bit better." point served time in a juvenile hall. Police said she had been arrested in Oakland at least twice for being drunk in public. Her relatives acknowledged still other arrests for the same offense. "If she was drinking, she was a handful," her father said. "It would take two cops to handle her." Born in the Philippines but brought up in Berkeley, Mercy had dropped out of high school and was unemployed.

She had lived with a boyfriend in Oakland but frequently visited her parents' Oakland home. expected despite close races, emotional issues 'Hi From Pagej tration activities. Garment, who previously had been 'J, an associate of Nixon's nt the Nmvt York law firm of Mudge, Rose, Guthrie and Alexander, joined Nixon at the White House as a special consultant to the president and served from 1969 to 1973. Garment then succeeded John Dean as counsel to the president aftet Dean's forced resignation in April 1973, Garment remained in that position un( til Nixon resigned In August 1974. Morgan said that in early 1973 bo r.

received intelligence reports from fount different Secret Service agents Ing Garment's activities as an inform- -tf ant 'ill Morgan said lie later easily r( nized Garment as the "Deep Throtit'VlJ portrayed by Woodward and BerastrDi in their book "All The Men," which he read in prison In 1S7S: A' Morgan said that he has counted--' numeroas descriptive clues to Dwp Throat's identity in the book, manynf-which "only Garment's closest friends at the time and I Include myself among them might recognize. Sob such as a tendency to lie 'rowdytB 'drink too to 'overreach' or fa could apply to lots of other' people besides Len. You start to fiar- row the list down further, though, when Deep Throat is described asta(vl Scotch-drinking lawyer who smoketf. "Then there are those telling litttojf details that only a drinking buddy tf r. Len's like m-seif might know like patterns of speech and expressfcij he used, like "switchblade mentaljtf, that were quoted in the book." But the most crucial evidences "All The President's Men." MorgaSfy said, was that Deep Throat was said to ft have had access to FBI.

Jastice. Cbn. mittee to Re-Elect the President (CRPJ-and White Hoase reports and inform, tion, all of which Garment hm throughout the Watergate affair, i "This is the point at which almost' all the other frequently mentioned' candidates for Deep Throat failed, to test" Morgan said. "And that certajhlyW includes Al Haig (John Dean's nORiy revealed choice from his upcoming book), ho didn't have access to a loj of the information that was leaked before he became (Nixon's) chief of staf Morgan said that Garment esfab- lished a reputation early in the Nuwn administration as a press "Niton himself apparently didn't trast Oar- ment entirely," Morgan said, recalling a private meeting with the presidcrijin the Oval Office in which Nixon -d) i dered Morgan not to tell Garrnfent i anything about a decision he had ius made on busing. vv Asked why he inn er reported Qif-, ment to Nixon or other membert-w the administration, Morgan replied "First, he was a friend, even if happened to wind up on opposite of a war.

Second, I trasted very feyj people in the administration at thtfj. time, and none of them were in'aS position to do anything about it. As1(t the others, including Nixon. I either didn't tnist what they might do about it, or I simply didnt trast them at all." Morgan said he also does not the Secret Service developed the intelligence about Garment on its own or whether it was passed orr-tr. another intelligence agency.

"I doubi that Secret Service agents went out oif assignment to follow Garment," Mor-I gan said. "But the agency is charged with protecting the president, and this -sort of information could have bteii; acquired within that context. The Se4 cret Service has definite intelligence funetioas that go well beyond ben4J mere bodyguards." Morgan refused to identify of the four Secret ServjiJjj agents who reported the intelligenc 1 him. "I saw too many lives disrupted-' during Watergate," Morgan said. Garment, currently an attorney with the Washington, DC, law firrrt of4 Dickstein, Shapiro and Morin, is out the country and unavailable for cpm- ment.

Morgan, clerking for a Ixw Angeles law firm, served four months in Cali- fornia's federal minimum security facility at Lompoc for signing, in 1970, Nixon's backdated deed of gift of his, official vice presidential papers, by which the ex-president claimed an ille gal $500,000 tax deduction. Teen biker dies Examiner Oakland Bureau OAKLAND An Oakland teenager died early today from injuries ho received when he was struck by a hit-run driver while riding his bicycle late last night, authorities reported. The victim was Troy Olds, 19, 'of 6785 Aitken Dr. He died at Hospital at 4:20 a.m. today from mas" sive injuries suffered when his bili'e was hit about 11:30 p.m.

in the 2200 block of Mountain Boulevard. Watsonville Junction, CastroilIe, Marina-Fort Ord, Seaside and Monterey. Tickets will cost $15 each way full trip, which will take a little more than three hours. 1 Caltrans is hoping local governments will pay the cost of buildjng platforms and shelters at Blossom HJl Road, Morgan Hill, Watsonville June-' tion, Castroville, Marina Fort Ord I 'onterey, where there are no statjons now. Any that decline won't get train-service, Kelley said.

But he predicted''' all communities will provide statlims because the cost will be minimal snd the trains "will be fun." I Low turnout From Page Al ed races on the state and federal level and the presence on the ballot of several highly emotional issues, such as handgun registration and the nuclear freeze Secretary of State March Fong Eu is cautiously predicting a 69.3 percent turnout, slightly below the figure for 1978, and well below the 79.4 percent turnout in 1958, when former Gov. Edmund G. "Pat" Brown won his first term by defeating then-Sen. William Know land Chuck Rund, who runs the San Francisco office of the Texas-based research firm of V. Lance Torrance and Associates, says many in his business believe the turnout will be even lower.

"They're saying the negative media in the VS. Senate race and the bland-ness in the gubernatorial race may keep turnout down to as low as 62 percent," said Rund, whose own prediction is 66.5 percent. Another reason for voter disenchantment seems to be that even hen the candidates finally do stake out positions, there is very little to distinguish between them. Typical of many Californians this year is Louise Garrison of San Bruno. Asked about the U.S.

Senate race, Garrison replied, "I may just flip a coin. During a Republican rally there, Don Fairwether, a retired postal worker, and his wife, Sidna. said they intended to vote for Wilson because they dislike "Brown's hobnobbing with radicals like Tom Hayden and Jane Fonda." Another example of a ballot-moving issue in California this year can be found In San Francisco, where polls indicate a measurable percentage of residents will vote for Sen. Milton Marks and against Rep. Phillip Burton because they object to Burton's congressional reapportionment plan.

Not infrequently, however, individuals cast their votes on the basis of more than issues, adding in their perceptions of the candidates' personalities and experience. Malcolm Fitzpatriek and Dale Le-Masters, two executives in the Anaheim office of Peat, Marwick and Mitchel, the accounting firm, are typical in their thinking. Fitzpatriek, a resident of Westminster, says he will vote for George Deuk-mejian for governor "not ever having been impressed with what (Los Angeles Mayor Tom) Bradley's done." He said he is "anti-Brown" and will therefore vote for Wilson. Fitzpatriek is opposed to gun control and in favor of the bottle bill. Thus far he's found the campaigns "filled with lots of nonsense," Including the fact that Wilson paid no federal income tax in 1980, which he termed "irrelevant." WTiat are the key issues to Fitzpatriek? "The state's role in government regulation of tax revenues and education, and air quality," he said.

Naturally, issues change with time. Crime, for example, while still a concern to Californians, as indicated by Mervyn Field's survey, has fallen in relative importance to unemployment and recession, according to a recent ExaminerKPLX TV statewide survey. According to the poll, 39 percent of Californians believe unemployment and the recession are the most serious problems today, followed by 17 percent who named the economy in genera). Indeed, over and over, voters voiced frustration at the lack of specific comments from the candidates and the campaign negativity. Mark Thies, 35, of Santa Barbara, a cost administrator for the Santa Barbara Research Center, recently attended a candidate's forum to hear Wilson.

Afterward, he told The Examiner: "I believe crime, unemployment, housing of criminals, judicial appointees and the school system are the key-issues. "But the thing that bothers me about the recent campaigning, expe-cially for the U.S. Senate, is that it's been so negative. It seemed in the primary, at least, that there was more coasideration about issues and better presentation of viewpoints of where candidates stood. significant," producing "less than 1 percent" of sulfur emissions east of the Mississippi.

Acidification of lakes and streams may produce elevated concentrations of toxic metals in the food chain, including lead and mercury', which "represent a potential threat to humans." Although there is no "conclusive proof" that acid rain "limits forest growth in the United States or Europe, we do have indications that growth reductions are occurring" among coniferous trees such as pines and firs. Field and laboratory studies show acid rain caases "damage to many materials such as metals, building stone, paint, textiles, paper, leather." Neither man is worth getting excited about." The odd part of the candidates' beliavior is that there happen to be issues galore, if only they could find the time to get around to them. Earlier this month, pollster Mervin Field conducted a statewide survey, which indicated more than a surprising two-thirds of the state's potential voters agreed on the six most important issues facing California. Those issues are cost of livinginflation (79 percent), crime and law enforcement (76 percent), unemploymentjobs (76 percent), taxes and government spending (76 percent), the supply of energy (71 percent) and Social Security services for seniors 8 percent). Field identified a second tier of issues of only marginally less importance to Californians.

These include the price of energy (63 percent), higher education (61 percent), the public schoois (61 percent) and judges and the courts (58 percent). With such a wealth of issues to choose from, why do the candidates lay down rhetorical smokescreens and run negative campaigns? Says Field: "The campaigns have been taken over by something less than first-rate managers. The incredible cornucopia of PAC (political ac The accident led to the evacuation of thousands of residents from their homes surrounding the power plant near Harrisburg. Although Unit 1 was not damaged by the accident, the commission ordered that it not be restarted until commissioners approved a resumption of TMI operations. At issue in the controversy acted on today is whether the Atomic Safety and Lieeasing Board "restart" proceedings ordered by the commission mast take psychological stress on area residents into account.

The commission said no, but a U.S. Circuit Court of Appeals panel in Washington earlier this year ruled, by a 2-1 vote, that federal law requires such consideration. The high court's announcement coincided with release of a safety study for the Nuclear Regulatory Commission that says a core meltdown at a High court to hear fear factor at TMI Secret report on acid rain confirms our worst fears tion committee) and other money has undermined the process. 'The candidates are no longer accountable to the parties or even the fat cats. Now any candidates who can raise enough PAC money can just about proceed any way he or she sees fit The result is that many pursue a win-at-any-cost strategy." The chief losers of such strategies are ultimately the voters, who are denied the opportunity to make informed judgments of candidates' positions on statewide and some of the more critical regional issues, of which there are several.

Noted Rund: "Along the whole coastal region running from Santa Cruz south through Santa Barbara and Ventura, offshore drilling is very definitely a ballot-moving issue (one that motivates voters to reject a candidate because of his or her position on the issue)." McConkey, among others, illustrated Rund's point A resident of the 44th Assembly District, she told The Examiner she doesn't particularly like the Democratic candidate, activist Tom Hayden, but intends to vote for him because she agrees with his positions on environmental issues, especially his opposition to offshore drilling. In Desert Hot Springs, Hayden himself proved to be a ballot-moving issue. nuclear power plant in a major population area could kill more than 100,000 people. Other actions by the high court today included: Military: Agreed to decide nether soldiers and sailors can sue their military superiors. In a case that could radically change the armed forces, the justices said they will review a ruling that military personnel can seek monetary damages from their commanders in certain instances.

MIRANDA WARNING: Agreed to set down more detailed guidelines governing police officers' questioning of criminal suspects held In official custody. The issue revolves around the "Miranda" warning, named after a 1906 Supreme Court decision under which police officers must inform criminal suspects that they have a right to remain silent and have a lawyer present during police questioning. Kelley said passenger platforms will have to be added along the tracks in front of the Ferry Building. Barricades will be Installed at each of the crossings. New track will have to be laid across Fourth Street.

But so little work is necessary, Kelley said, that Ferry Building service can begin within three weeks after getting city approval. Fred Barton, deputy district director, said Caltrans studies have found that the commuter trains will create minimal traffic disruption. The trains will travel 15 mph on the last leg of the trip. Each train will block an intersection only 40 seconds. Even allowing for advance warnings, WASHINGTON (AP) Stepping into what may become a key debate over the future of nuclear power, the Supreme Court today agreed to decide whether possible psychological harm to nearby residents must be considered before a nuclear reactor is allowed to restart at the Three Mile Island plant in Pennsylvania, scene of the nation's worst nuclear accident.

A federal appeals court ruled that the Nuclear Regulatory Commission must take "fears of recurring catastrophe" into account before deciding nether to allow the restart. Reagan administration lawyers say that ruling could unduly delay the licensing of other nuclear plants as well. TMTs Unit 1 reactor was out of operation for routine maintenance March 28, 1979, when the adjacent Unit 2 reactor was crippled and contaminated. Riding the From Page Al more than $1 million annually to operate the Del Monte train. Caltrans expects to pay about of that, with San Francisco, San Mateo, Santa Clara, and Monterey counties paying the rest roughly $100,000 to $200,000 apiece.

Kelley stressed that none of the local governments has yet agreed to ante up. Nor has the Legislature yet appropriated the $600,000. But Caltrans feels confident enough that the money will be forthcoming that it is spending $2.5 million to tracks between Castroville and From Page Al emissions occurred in the Midwest, where utility and industrial fuel combustion account for at least 90 percent of the total sulfur dioxide emitted." The report admitted that studies of acid rain's effect on lakes and streams "may be hampered by less than perfect historical data." It declared, however, "These studies uniformly point to acidification of some surface waters in eastern Canada and the northeastern United Suites." It noted that acid rain is not yet a problem in the West becaase sulfur dioxide and nitrogen oxides levels "appear to be substantially lower." Other major findings include: Natural sources of sulfur are "in intersections will be blocked only one to two minutes, Barton added. About 8,000 commuters have petitioned for the extended service, and the state Public Utilities Commission required Caltrans to try to provide it as a condition for PUC approval of a recent fare hike, Kelley said. Barton predicted about 2,100 Peninsula commuters will switch to trains once the service is introduced.

Should the service not prove popular, Kelley added, Caltrans will drop it: "We dont want to be connected to a losing service." But if the service proves as popular as expected, Caltraas would like to use the Postal Service's Rimton Annex for rails: Passenger trains may be making a comeback a permanent train station serving the downtown. SP has announced plans to develop a commercial and residential area on its South of Market holdings, and Kelley said that when that happens, the line exteasion may have to move. But that may be many years from now, he added. As currently scheduled, trains would arrive at the Ferry Building at 7:50, 8:10 and 8:30 a.m. They would depart for the Peniasula at 425, 4:55 and 5:12 p.m.

The Del Monte train would stop in Burlingame, Palo Alto, San Jose, Blossom Hill Road in South San Jose (near the IBM complex), Mosgan Hill, Gilroy, Monterey in preparation for the service. In the case of extending commuter service to the Ferry Building, Caltrans still needs approval from The City and SP, but Kelley said both appear willing to cooperate. In a sense, the two proposals are intertwined. The Del Monte train will be part of one of the three commuter trains departing from the Ferry Building. (About 20 commute trains a day will continue to ase the SP Depot.) Kelley predicted few people would be willing to begin a romantic excursion from the grimy South of Market area: "We think we need a good downtown location to bepin the thing.".