Newsday from New York, New York • 32

Judge Rejects Bid To Jail Jacobson Bronx (UPl) A Stiita Supreme Court justice yesterday tuned down a prosecution request to revoke bail ferTove triangle murder Howard (Buddy) Jaeobaan and hie co-defendant because of a long series of threats that have been prosecution witnesses. At a pretrial hearing, lepreeentativee of District Attoraay Tfario ICarola asked Juatice William Knebnan to imprison Jaoobeon. who is free on $100,000 bail, and to revoke bail for co-doftndant Sahratore Prainito because of tha threats. "Having witnesses terrified doesn't help our case any," a spokesman Aar Mania said. "It helps the defendant! case and even though iso have been unable to link them to the threats wo want ed them mMhJ bars." 2 The judge said ha orould eonsider Jailing Jar cobaon and nainito, who are charged InthatalV ing of John Tupper, if tha district attorney can present evidence linking them to the threats, Tha prosecution presented threatening letters that had been mailed to Cain, a 24-yearold model who is said to have dropped Jacobson fbr Tupper.

Tha letters one postmarked Nov. 12, 1978, and another, Sep 12, 1979 threatened harm if she testified fbr tha prosecution, which she is expected to do when- trial begins. Miss Cains father, George, also received a copy of a newspaper article describing the strangulation and shooting of Mery Kelly Schwarts, a sister of Assistant District At-toraey William Kelly, the prosecutor in the case. Mrs. Schwartz was found Nov.

19 in a creek in Sheepshaad Bay. She had been strangled and shot once the head. No one has been arrested in that case. Another of Kellys sisters received a tel phoned death threat in November. Kellys family has been under 24-hour guard the murder.

Testimony also was presented that Turners sister, who lives with her Imalfiul and children in Florida, was told in a telephone call "that arid would be thrown-in one of her childrens free i Actors9 Equity Criticize d. Times Square Hotel Plan New York (AP) The Actors Equity Assorih ation has appealed to Mayor Edward Koch and the Board of Estimate to protect three major the aters threatened by the plan to build tha Port-man Hotel in Timas Square. Donald Grody, executive secretary of the union representing 27,000 actors, expressed "very grave misgivings about tha proposed destruction of the Monaco, Helen Hayes and Bijou theaters, as well as the 48th Street Theater and the Piccadilly Hotel, to dear a site frr the proposed skyacaper hotel. Describing the first three theaters as "esseg tial to the survival of our industry, he said in A latter to Koch and the board that if the project must proceed on the intended site, the doomed theaters "must be incorporated into the overall design. Otherwise, Grody said, despite the import tance of having an attractive hotel in tha heart of the theater district, the prqject "seems to me inconsistent with urban policy mi trary to a real concern fbr the survival of Neel York City.

He also criticised as inadequate dan to include in the Postman a single theater Bar both musicals and. drama. '1 A spokesman for the mayor said Koch had iaof seen the unions latter vetbut ha added that fii nandngof the proposed hotel was still incomplete! Ex-Harlem Aides Indicted, New York (AP) Two former aWriala of Harlem-based anti-poverty group were Mheri ymterday on charges of stealing $24,000 from th agency. 1 The money was intended fbr insulating multi-f pie dwellings in poor neighborhoods of the city, ae-i cording to Manhattan District Attorney Bobertf Moraenthau. He said that John Baas 3rd, 27, of Manhattan, and Eileen Lee, 47, of the Bronx, werd aetnaed of stealing the monmr between April, 1977, and October, 1978, whileBees served as unsalaried diairman of Operation Open City Inc, and that Ma.

Loe was its executive, director. were charged with grand larceny and PtSKtt PIRfcjSb hKto to seven years in pria- SSLSrJ'BTCr Pbty consultant contracts to hUtim thefts. a -5 632 NEWSOAY. TUESDAY, DECEMBER 4, 1979 NEED A CHANGE? HAVE YOU THOUGHT ABOUT QETTMG OUT Of THE RUT BREAKING THE MEETING PEOPLE? We can have you meeting new friends; going to excitiiw places; leading an active, nin-filled life. Our proven method is the ACTION HOBBYDANCING Beginners and advanced alike, we will be revamping your style, ending that boredom.

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