The Berkeley Gazette from Berkeley, California • 6

Page 6 THE BE LEY GAZETTE June 2, 1989 CALIFORNIA State's youngest crime defendant: spank or try him? ENTURA (UPI) A 7-year-old arson suspect, believed to be the youngest criminal defendant in California history, should be spanked and sent back to school rather than put on trial, his attorney says. But the district attorney's office, convinced the 50- pound first grader is a dangerous arsonist headed for a life of crime, prevailed and Jamie Means went on trial Tuesday on three felony arson counts and 14 misdemeanor counts of malicious mischief and petty theft. "They should take him out in the back yard, spank his ass and send him back to school," public defender Richard Erwin said in trying to spare the youngster a trial. Jamie was arrested with his 12-year-old brother and a 16-year-old friend outside Bill's Trailer Hitch lot last Jan. 29 moments after they allegedly torched two boats and a trailer, causing $40,000 damage.

The teenager has already been convicted, but charges were never filed against Jamie's brother. Attorneys for Jamie entered an innocent plea, saying he merely tagged along with the older boys. "This incident was not a prank, it was criminal behavior," Deputy District Attorney Bob Bradley said. "We're talking about a boy who's been in considerable trouble at school a boy who's been fighting with other students a boy who's stolen from his classmates. "It appears right now as though he's headed for a life of crime.

We're not interested in any type of incarceration, we're not interested in breaking up the family, we're not interested in restitution. We're interested in getting him some help, some counseling, some program where they can talk to this youngster about the importance of leading a law-abiding life." But the boy's attorney feels prosecution is wrong. "They're Erwin said. "We're talking about a 7-year-old kid He's just a follower. He didn't know anything.

I don't think he has the capability of criminal intent. They ought to throw the whole thing out." "He doesn't understand what's going on," his mother, A James Means, 7, with his mother- -UPI photo Nita Hogue, said before the court session. "And I don't either. I feel that what he was doing was wrong. I know exactly what he did.

I know he was. there. But I feel that this is a little too Because of his age, Jamie's name would not have been disclosed except for his mother's decision to notify the news media and draw attention to the case. "I want people to see what is going on," she said. "This is ridiculous.

He is 7 years old, not 17. I think it's a waste of my time, your time and taxpayers' money." A plan for ersatz cable car rides SAN FRANCISCO (UPI) Despite a two-year Mayor Feinstein favors having the motorized substitutes as renovation, residents and tourists alike will, if a tourist attraction and is expected to sign the ordinance $60-million if a Board of Supervisors plan is adopted, continue to be it is given final approval by the board next week. able to hop aboard a cable car sort of. The plan would allow private companies to run up to The board I Tuesday gave its preliminary approval to a 30 motorized cable cars on two or three routes in the city. plan to run motorized cable cars from downtown to Fish- But the replicas would use flat streets on their way to the erman's Wharf while the real cable cars are being re- wharf, not the roller-coaster route the real cable cars were paired.

designed to take. The city's antiquated cable car system is scheduled to The fares on the motorized cable cars would be one shut down in September for its biggest overhaul ever. dollar, the same as on the real thing. BRIEFLY A record budget for S.F. whether an inmate is able to pay before the county can collect the fee.

but it will be up to the Sheriff's Department SAN FRANCISCO (UPI) Mayor Dianne Fein- to organize the work program. stein has unveiled a record $1.35 billion city budget that calls for a larger police force, fewer employees in other Passport lines city departments and a surplus to help pay for social progrow longer grams. SAN FRANCISCO (UPI) The local passport The budget, submitted to the Board of Supervisors agency is up to six weeks behind in processing applications Tuesday, called for a 14.6 percent hike in city spending. from Americans wanting to travel overseas this year. Supervisors will hold public hearings on the plan, The passport glut is only one piece of evidence behind which covers the fiscal year that begins July 1.

They are a 25 to 40 percent increase in international travel this year empowered to cut the budget, but not increase it. compared with the same time last year. Mrs. Feinstein, noting that a thriving local economy The San Francisco agency has nearly 20,000 applicahas produced an 11 percent increase in and busi- tions pending four times as property many as during May 1981 ness taxes, said San Francisco is one of the few cities in the but more mobility is only part of the problem. The federal nation able to increase services.

government has cut its staff at the passport office. leaving She estimated the surplus at $62 million, but Super- fewer to do more. visor Kopp estimated the surplus may run as Quentin high as $200 million and called for a cut in property taxes. Ruling on 'double jeopardy' 'Stay and pay' plan for jails SAN FRANCISCO (UPI) A suspect found innoMARTINEZ (UPI) The first-degree cannot be retried on the same cent of murder Contra Costa Board of charge if the jury fails to formally announce its decision County. Supervisors has approved a plan that could cost because it is deadlocked prisoners as much as $35 for an overnight stay in jail Court ruled.

charges, the state Suon lesser preme The board also approved Tuesday a work that would allow inmates hours program In a 4-2 ruling Tuesday, the court announced new ineligible to trade 10 of labor structions to trial judges the for one day of jail time, cutting their daily fee to maxi- across state aimed at prea venting a defendant from of $11. being tried twice for the same mum crime in The Supervisors judge determine state and federal violation of the constitutions. "double jeopardy" clause of the. INCOME, 'SIN' AND OIL TAXES MAY CUT DEFICIT a package of taxes aimed at getting state out of the red ACRAMENTO (UPI) The chairman of the AsS plan sembly to erase Ways red and ink Means from the Committee fledgling has 1982-83 unveiled state a budget by raising taxes on state personal income, alcohol, cigarettes and oil companies. Chairman John Vasconcellos, D-San Jose, said bipartisan negotiations behind closed doors have produced a series of suggestions for cutting spending and raising taxes to wipe out a projected $2.3 billion deficit for the fiscal year that begins July 1.

He told a Ways and Means subcommittee Tuesday night that income taxes could be increased for households with joint incomes of $60,000 or more yearly to raise $800 million. "It seems to me fair to balance the budget by taking from those who have the most," Vasconcellos said. The state personal income tax, now a maximum of 11 percent, would be increased to 12 percent for couples with taxable incomes of at least $60,000. The increases would range up to a maximum of 16 percent for household incomes of $100,000 or more. Single taxpayers would be charged the same rates on half the income levels.

Vasconcellos said cigarette taxes could be increased from the current rate of 10 cents per pack by another three cents to raise $87 million and increases in alcohol taxes could produce another $180 million. In addition, a new tax on oil removed from the ground the only levy Gov. Edmund G. Brown Jr. has endorsed would raise $225 million, Vasconcellos said.

While a Senate version of the $25-plus billion 1982-83 budget includes no money for cost-of-living increases, Vasconcellos' proposal calls for increases ranging from 2.5 percent for some social services to nearly 7 percent for schools. His proposal also would impose yearly tuition in University of California medical, dental and law schools in the amounts of $2,500 for medicine, $2,000 for dentistry and $1,000 for law. The Senate's version of the budget contains fee increases for public higher education institutions but no tuition. It is balanced without tax hikes. Key ruling on suing of cities AN FRANCISCO (UPI) The right of an individual to sue the government is "absolutely privileged" and prevents cities from filing countersuits that challenge the motives behind a citizen's claim, the state Supreme Court has ruled.

In a 4-2 decision Tuesday, the court ruled that the City of Long Beach could not sue a citizen, Richard Bozek. after he had sued the city and two police officers for false imprisonment, false arrest and other charges. Bozbk lost his lawsuit before a trial jury in 1974 and the city sued him for "malicious prosecution," charging that he knew the charges contained in his lawsuit were false at the time he filed it. "If cities are permitted I to bring malicious prosecution actions against those who have unsuccessfully sued them, the institution of legitimate as well as baseless legal claims will be discouraged." Justice Stanley Mosk said. "We believe that existing remedies are adequate to protect the interests of municipalities in obtaining compensation for expenses incurred in defending against unwarranted lawsuits and deterring improper suits in the future." Mosk wrote.

the maintenance of malicious prosecution actions by governmental entities would generate a potentially chilling effect of considerable dimension upon the exercise of the right to petition the government through the courts for redress of Mosk said. The majority, he said, "rejects the city's claim on the startling theory that the constitutional right of petition encompasses a right to sue a governmental entity maliciously and without probably cause with total impunity i.e. that such a malicious and unfounded lawsuit is .210113919.