The San Francisco Examiner from San Francisco, California • 40

Fracas in Emeryville jail led to prisoner's death x. a ov. a viva By Mireya Navarro and Charles Burress Examiner staff writers BfERYVTLLE Had regular procedures been followed, Mercedes J. Banks would have been searched, fingerprinted, placed in a holding cell for a few hours and released. But after her arrest In Emeryville Saturday night for public drunkenness, police say, the 20-yearold Oakland woman refused to cooperate, became argumentative and attacked two officers.

When she was taken to a jail cell "to cairn down," they say, she still carried belongings that would have been confiscated had the booking process been completed. Banks died two hours after her arrest, the victim of a fire police say she set with "an incendiary device" presumed to be the small disposable lighter found in her cell near the dmr. But as both the Emeryville police and fire departments prepare reports on the incident, questions about the young woman's death remain unanswered. Still unknown is when, where and how the fatal fire started inside the cell, which had a solid door. According to police, the fire was detected when a TV monitor showed smoke coming from under the cell's solid metal door.

The TV camera, one of three at the station, covers the jail's hallway but not the inside of its four tiny cells. Folice Lt. Philip Manhan said only one of the cells, a padded one next to the one Banks was in, has a smoke detector. He said this cell's door was open at the time of the fire but the smoke that escaped Banks' cell apparently wasn't dense enough to trigger the alarm. Smoke detectors are required in cells in new jails but the Emeryville facility, dating from 1972.

is, like most California jails, exempt from that regulation, the state fire marshal's office said. Two responding officers were overcome by smoke and one of them left his key in the door. Asst. Fire Chief James Eversole said arriving firemen had no trouble opening the cell door and that the fire had "self-extinguished" by the time they got there. Police earlier had used dry chemical extinguishers in an attempt to get to the fire but apparently were not successful, the fire department's report Indicated, Banks died as a result of buras and smoke inhalation, according to the Alameda County coroner's office.

A toxicological report on Banks won't be finished for about three weeks, the coroner's office said Manhan said officers routinely retrieve the prisoners' personal property, except clothes and shoes, but in Banks' case the procedure was left unfinished when she became uncooperative. "The problem here is that it was a female prisoner," he said, noting that only one female officer is on duty late at night to perform body searches. "If the gal is being combative," he said, "you can't send in a (male) officer." Male prisoners can usually held down by other male officers, but uncooperative female prisoners are typically "isolated until they calm down," he said. Banks reportedly attacked both the jail matron and the arresting male officer before she was taken to her cell. Up to that point, Manhan said, the officers had confiscated part of her belongings, including 13 loose wooden matches.

Manhan said today that a full body search probably would not have been conducted anyway because there was no reason to believe she was carrying contraband. Hi) I KM I fex ip'vN (1 xs -fc D12 S.F, EXAMINER Nov. 2, 1982 Drunk driver-dead man case widens Examiner Fast Bay Bureau OAKLAVD The case of Jack Ray Peters, or Robert Holers, or James St. James the man who allegedly beat three drunk driving raps by claiming he was dead widened today "like a ripple on a pond," according to Alameda County Assistant restrict Attorney Clayton Da Vega. Peters.

Rogers James "We think now his real name is Marry Gerald Newman. said Da Vega is now being investigated by the Highway Patrol, the Department of Motor Vehicles, the Social Security Administration, and the Alameda County welfare office, among others, for running arious frauds. Newman originally came to the attention of the CUP on Oct 14 when officer Randal N. Olson stopped a man for drunken driving and recognized him as the same man he'd arretted for drunk driving three months earlier, but under a different CHP officer Phil H.i?elwood, in Hayward, started doing some investigating and found that the man had been arrested three times for drunk driving and each time the had been dismissed. The reason was that the man's "wife" wrote the courts fr.im Miami.

Fla. saying that her husband had died. She included newspaper obituary notices, his mutilated California driver's license and carbons of his drunk tickets. Hazelwood found out the death report was phony. He also checked with DMV and found that several men with the sime looks and fingerprints had several licenses Issued to them in the past News accounts in the past few days sparked recognition readers.

Among them, according to Da Vega, was the Social Security Administration. "It turns out he's used six or seven different Social Security numbers," said Da Vega. The Alameda County welfare people are looking at him, sjid Da Vega because from 1980 to 1182 he received welfare i hecks hue apparently being employed. Newman also lived in federally subsidized housing in San Leandro from liC3 to 1H81. eventually being kicked out for tenant fraud" by falsifying income and employment in-: And, said Da Vega, a woman in Santa Rosa says New man the man who moved in with her mother and, using her ad husband's identity, cot his Social Security benefits and, biiktrd her out of her car and coin collection.

The crunk driving raps "looks like one of the smaller problems he's got said Da Vega, pointing out those farces were misdemeanors. Falsifying identity to the DMV is perjury and is a felony, said Da Vega. "As in Wonderland said, "Tills is getting ctiriouser and said Da Vega. "But we don't know where it's coma yet Maybe he's still driving around drunk someplace." Officials sniff trouble in schoolgirl's milk Examiner East Bay Bureau SAN RAMON The Contra Costa County sheriff's department is investigating whether a carton of milk, sold to a student at Pine Valley Intermediate School during her lunch break yesterday, had been tampered with. The milk had a chlorine smell.

Karrie Kunieh. 12, bought the milk for 25 cents, but thought it "smelled and tasted bad." After two friends taste-tested the milk, she returned it for another carton. None of three girls, all checked by their doctors, became ill. The carton appeared to be the only one tampered with. The school food services director, Zoe Ann Heisler.

examined it and found a hole near the spout. She removed from circulation all cartons with an expiration date of Nov. 2, the date stamped on Kunieh 's carton. Heisler indicated that the milk had an unusual smell and a slightly brown color. She told investigators that the milk was delivered last Friday and had been refrigerated in a locked room until it was moved to a chest before being sold.

The carton was being studied today by the Contra Costa County crime lab where Detective Sgt. Al Snell said the hole was the sue of a pencil or pen hole. Hie milk conies from Royal Jersey Dairy in El Sohrante. Bob Morns, the dairy's general manager, said his family business has been supplying milk to Pine Valley for 10 years. "We have never had a problem before." Morris said.

"It's virtually impossible to have an item (like chlorine; put in the product here." Eaminer Nicole Bftnoiveno OPEN DOOR OF JAIL CELL REVEALS SMOKE. BURN MARKS Prisoner was put in cell after attacking police officers Uffll IB! WM DAW BH0JEV Restaurant report Each week the city Health Department's Bureau of Environmental Health holds hearings to review the uncorrected health violations found by its inspectors in San Francisco restaurants. Using information supplied by the Health Department. The Examiner each week is publishing the names and violations of restaurants cited to those hearings. A restaurant owner Ls cited to appear only if he fails to respond to initial citations issued by city iaspoctors.

Normally, an owner is given five days to correct sanitary violations; 30 days to correct structural violations. The hearings at the Bureau of Environmental Health are one step in a process that can lead to revocation of a restaurant's license to operate. Any restaurant owner has the right to appeal. Here Ls a list of restaurants cited to appear at today's weekly hearing at the environmental health bureau, along with restaurants previously cited that have corrected violations, and further actions against other restaurants that have failed to make required corrections: Cited to appear Nov. 2: Europa Restaurant, 2769 Lombard operated by Sasha Monte and Joseph Erlie, cited for rodent infestation.

Actions of hearings of Oct. 2f: Go Go Snack Shop, 223 Jones operated by Annette Spingola. cited for roach infestation and ceiling in disrepair, given five days to correct or face hearing before director of health. Piccadilly Fish and Chips. 1348 Polk operated by Kim, cited for unsanitary fixtures and equipment, toilets and food preparation area, given five days to correct or face hearing before the health director.

Failed to correct violations after initial hearings: No restaurant cases open. Ships Joining Frank Reynolds, David Brinkley and Ted Kopiel is the finest collection of coirespondents and analysts ever assembled VESSEL Antonio Johnson Colorado Moegh M3lUrd Medtcrrjnyn HKnwy Ocean BiKo Pr ei'dfnt Cst'Ho Pto Desado Sierra M.irirt? Tatna Maru Zirn New York ior an election night broadcast, headed by- Barbara Walter's Max Robinson George Will Richard Threlkeld Tom Wicker Sander Vanocur Sam Donaldson James Wooten Tuesday, Nov. 2 ARRIVALS FLAG FROM BERTH Sw.m Vancouver. BC Rt.3 Ain.t Wilminitton Martinez Mo Lonn Beach OOH 6 Jam Los Angeles RCIP Jam Far East A5 Ar Longview, WA Howards Arm Los Angeles Howards Am EureKa Oleum Jam Seattle Benioa Is Long Beach MHT-C DEPARTURES FLAG DESTINATION BERTH Sw Los Angeles Rt "3 Ami San Marcos Antioch No Portland Wickland js Long Beach RCIP Am Vaidei Benicia Am Benicia In Long Beach 00H.12 Ai Portland Howards fan Tacoma Pier 40 Li ni Seattle OOH .5 Am Taiwan Pier 3b Am Edmonds Avon Am Taiwan Pier 3C Pa Japan Stockton Is Yokohama MHT-C Lynn Sherr Togetlxr, they are unique-bringing you something no one else can. The best in election night coverage.

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