Santa Cruz Sentinel from Santa Cruz, California • Page 47

Wednesday, May 1, 1985 Santa Cruz Sentinel D-l 1 nd lost Vietnam POW Controversy still swirls arou Was Shelton returned to captors by CIA? Iwmk wl Am 1 "tiwWAm He said he was told Shelton was given to the North Vietnamese in order not to blow their cover because "The NVA commander came up and said, Hey you got Americans, you know the policy is to turn them over to Retired Air Force Col. George Hall, a former POW, testified in Shelton's 1980 status hearing that he had heard through the Hanoi prison grapevine in 1969 or 70 that Shelton had died of unknown causes. Other former POWs say such grapevine reports were sometimes inaccurate. Navy Cmdr. Jim Bedinger recalled his cellmate, who was alive, was supposed to have been dead.

Mrs. Shelton, who went to Laos illegally in 1973 and has spoken to Pathet Lao, Viet Cong and North Vietnamese officials about her husband, believes it's possible he's still alive. "If they put him in an organized prison rather than a cave, I think he could be," she said. "If they left him in a cave, then I think no." The 1980 status hearing, held by a three-officer panel, concluded 2-1 that "Col. Charles Shelton can reasonably be presumed dead." However, Air Force Secretary Vera Orr decided to retain Shelton on the rolls as an active POW, the nation's last.

"If you removed the last name from the list," explained Orr's spokesman, Capt. Miles Wiley, "it eliminates the one reason not to forget." then surrendered back to the enemy 10 days later in an operation dubbed "Duck Soup." Soup' was a CIA operation," she testified. "I was told about it. They rescued my husband and kept him for 10 days and then gave him back to the enemy, and we can't get anything about it, and I was told by several people about the operation, people who participated in it." She said she thought the operation took place early in the fall of 1965. She declined to reveal the source of that information.

"As an intelligence organization, we're not in a position to comment on intelligence," CIA press officer Kathy Pherson said. things happened 20 years ago and someone (informants) may still be alive who can be hurt." However, Ernie Meis, a retired photo reconnaissance pilot living in Idaho, recalled such a rescue-return operation in which forces flew in over the caves area where Shelton was held. "We were briefed to photograph Charlie Shelton's cave," Meis said. "We were briefed that Charlie was being held in a lopen) shallow grave with bars across the top because of his numerous escape attempts. We were told there was a sentry standing over him with a hand grenade and a couple of other sentries with bayonets who would poke him and keep him awake.

"We were told there was going to be a rescue attempt. We flew the mission and got a lot of fire, but we photographed the cave," Meis said, adding that he was told later by an ex-CIA agent that Shelton had been rescued but then was turned back to the enemy for undisclosed reasons. Mike VanAtta, a retired Army Ranger who is part of a group that has been collecting information about MIAs and POWs, said "Duck Soup" occurred in 1971. He said a group of Laotians working for the United States and CIA agents swept through Laos posing as a Pathet Lao company. "They picked up two live Americans," VanAtta said he was told.

"One was Col. Shelton." Because the Americans were conspicuous, the group pretended to show them off as prisoners they had captured, VanAtta said. But in one village they encountered a North Vietnamese Army company. RIVERSIDE (AP) Despite grapevine reports in 1969 or 70 that he died in captivity, Air Force Col. Charles E.

Shelton remains listed in U.S. military records as the last Vietnam-era prisoner of war. Monday was the 20th anniversary of the day the San Diego pilot was shot down over Laos on his 33rd birthday. It also was the 10th anniversary of the fall of Saigon. In the years since April 29, 1965, Shelton was promoted from captain to colonel, and the Air Force continues to send his monthly paycheck to his wife, Marian Shelton in San Diego.

Initially, Mrs. Shelton was told not to reveal that her husband was a POW. "I had to say he was detained," she said, "It sounded like he went to tea and didn't come back." "I generally just go into a state of shock ion April 29) and try to disappear," said his son, the Rev. Charles E. Shelton a priest at St.

Thomas Catholic Church in Riverside. A villager reported seeing Shelton captured May 1 by Pathet Lao forces. And Shelton, who escaped and was recaptured several times, may have been deliberately handed over to his captors on one occasion by CIA forces, the Riverside Press-Enterprise reported in a three-part scries concluded Tuesday. The CIA refuses to confirm that, but the agency did say that from the very first, Shelton was a tough, uncooperative prisoner for the communists, who had him in chains and at times were forced to carry him because he refused to walk. The newspaper obtained heavily censored military documents pertaining to Shelton through the Freedom of Information Act and is seeking more, although the paper was asked to drop its request.

It has been told it has received them all. Iast week, the Air Force asked Marian Shelton to sign a letter allowing it to reject FOI requests. Initially, she agreed but then changed her mind. "It makes me wonder what they're trying to hide," she said. "I did believe the Air Force would tell me everything, but I know now they didn't." There are 2,477 American servicemen and civilians still unaccounted for from the Vietnam war.

Mrs. Shelton, testifying at a 1980 military hearing about her husband's status, said she was told he was once rescued, PUBLIC NOTICE vwwwwwwwwwwwwvwvwww PUBLIC AP Laserphoto Shelton stands by his plane in 1965 photo trouble, says orriaa 'nsons he By MARY CRYSTAL CAGE McClatchy News Service SACRAMENTO California's prisons already are at the boiling point, and pressure from state and federal courts could push them over the edge, according to the president of the California Correctional Peace Officers Association. "We haven't had a prison riot like an Attica or a Santa Fe yet," said association president Donald Novey. "But we're at a boiling point. And I've got a feeling this could be the year." State corrections officials, grappling with an already-overcrowded prison system, face a hearing May 10 that could bring an end to double-celling at Folsom Prison, and force them to relocate 1,500 maximum-security inmates.

"We haven't built a maximum-security facility in 105 years. Yet, society's mandating that we keep locking them up. There isn't any room," Novey said. "In New York, they have 11,500 correctional officers. We have 6,500.

They have 32,000 prisoners. We have 45,000. We've got to have some kind of relief." San Francisco Bay area lawyer Michael Satris said inmates should not have to pay ing in the undersized and overaged cells at Folsom constitutes cruel-and-unusual punishment State Deputy Attorney General Thomas Greene disagreed. He said the decision to double-cell prisoners was not only constitutional, but also practical. "There are a limited number of facilities in which to house high-risk inmates," said state Corrections Director Daniel McCarthy.

Previous court orders have forced the department to house high-risk inmates in facilities that were not designed to accommodate them, McCarthy said. Folsom already is under a federal court order to eliminate double-celling of inmates in its solitary-confinement units, Greene said. The new case would involve the 2,900 inmates in general-housing units at the prison. If the injunction is granted, "you're talking about finding space for 1,500 very, very rough guys," Greene said. "The problems that would create for the public are enormous." The state's two maximum-security prisons, at Folsom and San Quentin, contain more prisoners than they were de inth reprieve came NOTICE OF ESCHEAT NOTICE IS HEREBY GIVEN that a petition has been tiled in the Superior Court of the State ot California for the County of Sacramento which proceeding is designated as State ot California, plaintiff, v.

Two Hundred and Nine Estates, Doe One through Doe Nine Hundred, defendants, and numbered 328435 in the records thereof, to escheat certain sums of money. Said sums are derived from the estates of deceased persons whose estates were probated in the State of California, said sums being distributed to named persons and thereafter deposited in the treasury of the county in which probate had been had because of the failure of the distributees to claim the amounts so distributed. Thereafter, all of the sums of money so distributed and deposited were delivered to the State Treasurer. All of said sums of money have been on deposit in the State Treasury for more than five years prior to the commencement of the above-mentioned proceeding. Among the sums of money to be escheated In the above-mentioned proceeding are the sums designated below which were forwarded to the State Treasury from the Treasurer of the County of Santa Crul and which are derived from estates probated in Santa Crui County.

The names ol the decedents whose estates were probated, the names of the distributees to whom the amounts were distributed and the amounts deposited for the benefit of each distributee are as follows, to wit: RECEIVED FROM SANTA CRUZ COUNTY Barr, Catherine S. Distributee: Betty Catherine Moore 594.59 Steven J. Moore 594.59 1,189.18 Peck, Sarah Alice Distributee: Alice Peck i 5,912 68 Notice is hereby given that the above-entitled court has Issued an order directing all persons interested in the sum of money and items of property to be escheated to appear before the court in Department 17 on the 8th day of July, 1985, at 9 00 a in the courtroom of said court, in the Courthouse at 720 9th Street, in the City of Sacramento, County of Sacramento, State of California, and show cause, if any they have, why said sums of money should not by decree of said court vest in and escheat to the State of California. For further particulars on the above-entitled matter, relerence is made to the petition and order on file in said proceeding JOHN K. VAN DE KAMP Attorney General of the State of California PETER SHACK Deputy Attorney General 1515 Street, Suite 511 Sacramento, CA.

95814 Telephone: (916) 324-5471 Attorneys for the State of California May 8, 15, 22 Charles the price for a lack of planning by state corrections officials. "Sure, there is not enough room to house all the people they want behind bars," Satris said. "But that doesn't mean they should be allowed to double-cell people, if the only place they have to put them is in a 100-year-old, 45-square-foot prison cell." Satris and a specialist in environmental health and safety toured Folsom Prison on Tuesday in preparation for the May 10 hearing in Sacramento Superior Court. Along with overcrowding, they said they found garbage strewn on the floor, and poor ventilation in the cells. The suit to end double-celling at Folsom "can't lose in light of the conditions," Satris said.

The suit was filed last year by convicted rapist and kidnapper Waldo Mackey. The hearing before Sacramento Superior Court Judge Rothwell B. Mason is on a request to halt double-celling until a full trial is held. In his suit, Mackey said cells in the general-population housing units measure 9 feet long, 5 feet wide, and 7V2 feet high. Mackey contended that "such double-cell 3S interprete slaying Laotian, and wounded his companion after the Laotian raised his feet to his chair while Trakulrat was singing at the Thai Town restaurant.

Police said Trakulrat, who regularly sang at the restaurant, believed Piousourinha was pointing the soles of his feet at him while he sat listening to the amateur performer on stage Anything to do with the foot can he insulting in some Asian cultures because it rubs in dirt and muck and "it is the lowest part of the body." said Officer Woody Saeaoe of the Police Department Asian Task For. aded for signed to house. Folsom's capacity is supposed to be about 2,000 inmates, but the prison has about 3,300. Corrections officials also are awaiting a federal appellate review of the court-ordered release of an alleged prison-gang member at San Quentin from solitary confinement to the general prison population. If the lower court ruling is upheld, prisoners' attorney Mark Chavez said, it could lead to the release of 14 other alleged gang members from solitary confinement six at Folsom and eight at San Quentin.

State corrections officials say that blood will flow if gang members are allowed to live outside the special security-housing units. "They make it sound pretty scary. But federal court Judge Stanley Weigel did what was prudent," Chavez said of the lower court's order. There's no basis for holding the alleged gang members in solitary indefinitely, Chavez said. But Novey said: "There is no such thing as used-to-be gang members.

If the court orders their release, it is tantamount to having an open, all-out war. You'd be endangering staff lives." Chessman "He was, to my view, an insecure human being fighting desperately for his life." The death of another man kept Chessman alive. Court reporter Ernest Perry, who died before he could make a complete transcript of Chessman's trial, left notes the Court Reporters' Association declared undecipherable. Stanley Fraser, a relative of Chessman prosecutor J. Miller Leavy, agreed to try.

The transcript formed the basis of Chessman's appeals. He worked his way through state courts to the federal courts and back. As each legal door slammed behind him, he rattled the knob of another. Chessman filed seven petitions with the U.S. Supreme Court before it finally ordered California in 1957 either to conduct a hearing or release him.

After a 42-day hearing, the presiding judge ordered 2,000 changes in the trial transcript and returned Chessman to Death Row. On Feb. 17, 1960, two days before his eighth execution date, the California Supreme Court voted 4-3 against executive clemency. Gov. Edmund "Pat" Brown, opposed to the death penalty, said he was powerless to act without the panel's approval, a legal requirement in the case of someone with two felony convictions.

Hut a day later, less than 10 hours before Chessman was scheduled to die, Brown ordered a 60-day stay and called a special session of the Legislature to consider abolition of capital punishment. Davis, now 77, recalled how, 25 years ago, he and attorney Rosalie Asher raced a petition to the office of Federal Judge Louis Goodman after the state Supreme Court refused to intervene, less than a half hour before Chessman's 10 a execution. "And finally, it was a minute to 10," Davis said. "(Goodman) says to me, 'I'll grant the He says, 'Get me the I said to him, "Judge, will you allow me to phone the warden for you, and I'll hand you the And he said, 'No, my secretary will do "The seconds are going The secretary's on the phone, and she misdials the number. She turns and says.

'I got the wrong number. I must have mixed up the And I'm giving her the number and it's 10 o'clock. She gets the warden within seconds. "And the judge said to me, 'It's too late. Tic warden said he just dropped the Fiosalie and I are walking out of I tie judge's chambers.

The pellets have dropped. Chessman's dying, and there's nothing left to do." 1 hv4A4 if! I''v? tJx' 'h! NOTICE PUBLIC NOTICE wvwvwwwwwvwwwwwvwww Monterey District Trust Office thereof, be appointed as personal representative to administer the estate of the decedent. The petition requests authority to administer the estate under the Independent Administration of Estates Act. A hearing on the petition will be held on 5-14-85 at 8:30 a m. in Dept I located at 701 Ocean Street, Santa Cruz, California 95060.

IF YOU OBJECT to the granting of the petition, you should either appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney, IF YOU AREA CREDITOR or a contingent creditor of the deceased, you must file your claim with the court or present It to the personal representative appointed by the court within four months from the date of first Issuance of letters as provided In section 700 of the California Probate Code. The time for filing claims will not expire prior to four months from the date of the hearing noticed above, YOU MAY EXAMINE the tile kept by the court. If you are a person interested in the estate, you may serve upon the executor or administrator, or upon the attorney for the executor or administrator, and file with the court with proof of service, a written request stating that you desire special notice of the filing of an inventory and appraisement of estate assets or of the petitions or accounts mentioned in sections 1200 and 1200.5 of the California Probate Code. Attorney for petitioner: JOHN A.

CHRISTERSON 9053 Soquel Drive, Suite 203 Aptos, CA 95003 sJohn A. Chrlsterson Attorney for petitioner This notice was mailed on 4-22-85 a 1 Aptos, California. April 25, 28; May 1 (972) FICTITIOUS BUSINESS NAME STATEMENT File No. 85-728 The following persons are doing business as: SENSUAL SELECTIONS at 213 South Drive, Aptos, CA 95003. JIMMY STEVENS 213 South Drive Aptos, CA 95003 LINDA MYERS 213 South Drive Aptos, CA 95003 This business is conducted by Copartners, Signed, LINDA MYERS Partner THIS STATEMENT was filed with RICHARD W.

BEDAL, County Clerk ot Santa Cruz County on 4-16-85. By: EILEEN REED Deputy NOTICE This fictitious name statement expires on Dec. 31, 1990. A new fictitious business name statement must be filed prior to Dec. 31, 1990.

May 1, 8, 15, 22 (1016) NOTICE OF APPLICATION FOR CHANGE IN OWNERSHIP OF ALCOHOLIC BEVERAGE LICENSE To Whom It May Concern: Craig Bateman 8, Terry St. Charles are applying to the Department of Alcoholic Beverage Control for On Sale Beer Wine Eating Place license to sell alcoholic beverages at 18025 Highway 9 Boulder Creek May I (1014) too late for SAN FRANCISCO (AP) Caryl Whit-tier Chessman had the heart of a thief, the spirit of a prizefighter and the lives of a cat. In more than 12 years on San Quentin's Death Row, the convicted kidnapper and sex offender won delays on eight execution dates. The ninth official reprieve on May 2, 1960 came after Chessman had been strapped to a chair in the gas chamber. The phone rang 15 seconds too late.

The execution, which touched off protests worldwide, was the last line of a story everyone knew: how Chessman condemned to die although he had never killed used the legal system, a battered typewriter and royalties from four books to keep death at arm's length for a dozen years. "Even now, I just don't feel Chessman was convicted by clear and unequivocal proof," said George Davis, a San Francisco attorney who represented Chessman during the last five years of appeals. A big, dark-haired man with a protruding lower lip and a nose that looked as if it had been broken in the ring, Chessman had a record of car thefts, assaults and robberies dating to his teens. When he was arrested as the Los Angeles-area "red light bandit" on Jan. 23, 1948, he had spent one-third of his 26 years in prison.

He was charged with 18 counts of kidnapping, robbery, attempted rape and unnatural sex acts in connection with the "red light" robberies, so named because the bandit used a red light in his car to make his victims believe he was a police officer. An intelligent man with a superior manner observers said hurt his cause, Chessman insisted on representing himself, despite inexperience and limited education He was convicted by the 11-woman, one-man Iis Angeles Superior Court jury of 17 counts, including two kidnapping charges that carried the death penalty. Those involved two women who were forced to perform oral copulation on their captor. "This man killed no one. He would not be executed under the system of American jurisprudence today.

Why? Because we've expanded due process, the rights of the defendant, fairness. And the offense with which he was charged is no longer a death penalty offense," said William Bennett, who as state deputy attorney general argued against Chessman before the U.S. Supreme Court. lie was no monster," Bennett said. FICTITIOUS BUSINESS NAME STATEMENT File No.

85-634 The following persons are doing business as: ACME DETAILING at 1803 Mission St. if 1 21, Santa Cruz, CA 95060. Joanne Emily Hagerty 813 E. Cliff 19 Santa Cruz, CA 95060 Floyd William Creager Jr. 813 E.

Cliff 19 Santa Cruz, CA 95060 This business is conducted by Copartners. Signed, FLOYD W. CREAGER THIS STATEMENT was filed with RICHARD W. BEDAL, County Clerk of Santa Cruz County on April 4, 1985. By: CELENIA ESTRELLA Deputy NOTICE-Thls fictitious name statement expires on Dec.

31, 1990. A new fictitious business name statement must be filed prior to Dec. 31, 1990. April 17, 24; May 1, 8 (910) AP Laserphoto Attorney George Davis with Chessman memorabilia FICTITIOUS BUSINESS NAME STATEMENT File No. 85-584 The following persons are doing business as: DJ VIDEO at 1469 Freedom Watsonville, California, 95076 DONALD BARTON 438 Roxas Street Santa Crul, CA 95062 JARRALD McGLENN 1300 Old San Jose Rd.

Soquel, CA 95073 This business is conducted by a limited partnership. Signed, DONALD BARTON Partner THIS STATEMENT was filed with RICHARD BEDAL, County Clerk of Santa Cruz County on March 27, 1985. By: CELENIA ESTRELLA Deputy Statement expires Dec. 31, 1990, 5 years from Dec. 31 of year in which filed and must be renewed then with a new statement, April 17, 24; May I (903) CITY OF SANTA CRUZ Santa Cruz California NOTICE INVITING SEALED BIDS FOR TWO PART PEEL-BACK FORMS Sealed bids will be received by the City Clerk, 809 Center Street, Room 101, Santa Crul.

California, until 2 00 p.m Tuesday, May 14, 1985, lor Two-Part Peel-Bacn Forms. Specifications and bidding sheets dated April 16, 1985, may be obtained trom the Purchasing Division, 809 Center Street, Room 106, Santa California, 95060, The Citv Council reserves the right to reject any or all bids and waive any informality or minor detects in proposals received. RICHARD C. WILSON City Manager May 1 '5! Foot gesture as reason tor LOS ANGELES (AP) What would be an innocuous foot gesture for most Americans was interpreted as a grevious insult by a Thai singer, who allegedly shot his offender to death about seven weeks ago. The ethnic insult pointing the sole of a foot at a Thai was disclosed as the motive in the March 9 shooting at a Thai restaurant in Hollywood, Deputy District Attorney Josephy Martinez said Tuesday.

Ponsak Tmkulrat, 35, pleaded innocent at his arraignment in Superior Court Tuesday to one count of murder and three counts of attempted murder. Prosecutors allege that Trakulrat killed Korakanh Piousourinha, a rj-year-old NOTICE OF DEATH OF BEATRICE B. GARKUS, aka BEATRICE BRINKLEY AND OF PETITION TO ADMINISTER ESTATE Case Number: 33800 To all heirs, beneficiaries, creditors, contingent creditors, and persons who may be otherwise interested in the will or estate of BEATRICE G. GARKUS, aka BEATRICE BRINKLEY A petition has been filed by BANK OF AMERICA NATIONAL TRUST 4 SAVINGS ASSOCIATION In the Superior Court of Santa Cruz County requesting that BANK OF AMERICA NATIONAL TRUST SAVINGS ASSOCIATION, DENNIS ELDER, of.