The Commercial Appeal from Memphis, Tennessee • 8

A8 The Commercial Appeal Memphis Tuesday December 14 1982 Gillock Stays Free On Appeal By David Daniel Ed Gillock holding his grandchild is flanked by attorneys Jim Causey (left) and Jay Fred Friedman (Continued from Pago Al) speak for Gillock any right to fry to persuade Gillock could have been sentenced to a maximum of 70 years and fined up to on all charges Two codefendants in the case A Arthur Ayers and Allan Bibby both former Honeywell employes from Atlanta also were convicted on conspiracy and fraud charges Their sentencing hear ing has not been set Rod Johnson the foreman on the jury that convicted Gillock Ayers and Bibby said-late yesterday he thought the sentence given to Gillock wu appropriate Johnson said he wu little bit sur wised at the number of years (given Gillock) but I'm not saying it due by any means I certainly have any remorse" about the sentence "The case wu fairly clear cut and well documented that wrongdoing had been done The verdict that we rendered was a good one in terms of what we saw and what wu presented to The Jury acquitted Gillock on thru counts of making false statements on his income tax returns and reported deadlocked on six other extortion charges US Dist Court Clerk Franklin Reid set a Jan 17 trial date for Gillock on the unresolved extortion charges but Ewing said yesterday the government will not seek a conviction on those counts Since attorneys have already filed a notice that they intend to appeal the conviction Gillock will remain free until the US Sixth Circuit Court of Appeals decides the case which could take several months If the conviction is affirmed Gillock could take the case to the US Supreme Court If that appeal fails the US Bureau of Prisons will designate the prison where Gillock will serve the tens When the hearing began yesterday Causey asked McRae to delay the sentencing so the defense could respond to a sentencing memorandum filed by Ewing one hour before the hearing In the document Ewing refers to 1976 federal indictment on unrelated charges of extortion and racketeering After four years of legal maneuvering Gillock went to trial twice on the those charges but both times mistrials were declared because of deadlocked juries Ewing said in the memorandum that he included information about Gil-lock's earlier case "to show that here is an individual who was under federal indictment yet he continued to participate in activities whereby Hoheywell funneled money through a conduit to him" Gillock wu convicted Nov 10 of conspiring with Ayers Bibby and others to carry out a scheme whereby Gillock wu paid $130365 to use his political influence with state and county officials to secure computer contracts for Honeywell between 1976 and 1978 By David Darnell Lawyer Bailey (right) and Charles Scruggs of WDIA Lorraine Bidders Gain Loan Assist Prosecutors contended that Glllock's influence helped Honeywell land a S15 million computer sale with the state Department of Employment Security and a $2 million sale to Shelby County government Gillock according to testimony arranged to collect the payoffs through minimized or lost in a maze of legal technicalitiu that make a mockery of our legitimate and honorable concern with civil liberties "There is further a growing tion that even if convictions are talned of persons in this category that they will be dealt with lightly and differently than other people" Ewiag also said in the memorandum that he hu heard "many many comments over the last six years concent long I sit here innocent Ifs your job to prove me guilty You haven't convicted me in two other trials and you're not going to convict now" Ewing wu the chief prosecutor In all three of Glllock's trials Lt Gov John Wilder the Senate speaker said last night he bellevu Gillock will resign from his seat He said he talked with Gillock "some time about the matter but declined to disclose what wu said If Gillock does not resign Wider said he will appoint an ad-hoc committee which would be the old ethics committee "to look into the matter and report to the Senate early in the The legislature reconvenu Jan 11 The state constitution says the Senate may expel a member by two-thirds vote not a second time for the same State law prohibits a convicted felon from serving in public office but the constitution says people serving in the Senate are "judges of the qualifications and election of its members" Wilder said it would be improper for him to speculate what the Senate might do if Gillock does not resign because must sit in Judgment when this issue cornu before "We have every riesaon to believe Ed will resign although Ifs not definite" said Sen Milton Hamilton of Union City the Senate majority leader ton businessman Forsythe Gi lock evaded paying taxes on the extortion payoffs because the money wu paid directly to Forsythe and wu not reported on either or Forsythe'S tax returns the jury found Testimony also showed Gillock used some of the extorted money to pay his legal feu to lawyers who represented him in the 1976 indictment "Th mnrim-t in this MW is illustrative of a person in public office who utilised his office to his own individual benefit" Ewing charged in the sentencing memorandum "The perception hu been growing in the district and in the United Statu that persons in public office are port of a privileged class a class of individuals who think thsy have a right to victimize the system and their fellow citizens with virtual immunity are openly contemptuous of our way of justice They do not believe they will be caught and if they are caught they are confident that once their casu enter our legal system the cfaargu will be dropped postponed lie is fed up with the apparent arrogance and contempt for the system which this defendant has" During the sentencing McRae said he had not received any letters asking for leniency for Gillock He said he received one letter from "an indignant citizen who wu very disgusted with Glllock's conduct" Observing that the case drew extensive media and public attention McRae said court hu done everything to give Mr Gillock a fair trial but at the stuns time the public is entitled to a fair trial" McRae said Glllock's testimony during the trial reflected person who is arrogant I did get an attitude (of arrogance) from Mr Gillock" During his testimony Gillock taunted Ewing and the continuing effort to gain conviction against him and said Ewing had a part of my life too (Continued (him Psge Al) was sitting over there listening to what was going on and as I could see that was about the tops that they could raise And I'm feeling like I would donate for my own self be generous and give them $36000 on top of what they did "I suspect if they had come along here and bought it for the full amount I might would have donated that much money back into it" Counting expenses Sauer said his loss was about $36000 According to auction regulations the foundation was required to put up IS per cent of the money on the spot with the remainder due within 24 hours There apparently was a good deal of cooperation necessary to put together the $144000 As of last weekend foundation spokesmen were saying several months of fund-raising still had left the group shy of the $100000 mark For James Smith executive director of AFSCME the union's participation was a selfish one "Dr King came to Memphis for members of our union during the sanitation strike We felt we had an obligation to try and retain the Lorraine Motel and keep it as a living monument to the life and works of Dr Martin Luther King Jr So certainly our union is proud we have played a In addition to backing the loan the union already had pledged a $23000 contribution to the foundation The other loan backer Lucky Heart Cosmetics Inc also had made a previous $10000 donation Bailey said the first job would be to secure the building and prevent any additional damage Architects already are working on design plans but foundation officials would not comment on them or give a timetable for completion "We are going to the business community and the local community for additional Bailey said got our work cut out for us in the next six 1 The foundation does not anticipate running the structure as a motel Bailey said "We are going to try to move quickly to begin to develop it as a shrine We want to have a first-class shrine and museum for the Included in the property are three buildings with about 52 rooms which collectively are known as the Lorraine Motel The motel's address is 406 Mulberry which is a block east of Main in the Butler-Huling area The foundation composed of some IS Memphis civic leaders had worked out an agreement last April with the previous owner Walter Bailey to buy the motel for $240000 That deal came within days after Bailey filed bankruptcy to keep the motel's ownership from being transferred to Sauer Sauer had brought foreclosure proceedings against Bailey in April claiming the Lorraine's owner defaulted on a $140000 construction loan he made to Bailey years ago The motel was collateral for the loan The agreement with Bailey gave the foundation 120 days to raise the purchase price and a federal bankruptcy judge granted a 60day extension in August so the group could complete fundraising efforts When that effort fell short at the end of October the judge cleared the way for foreclosure Other groups have tried to raise funds to buy the motel without success A preliminary study by the Shelby County government in the 1970's concluded the site could be a feasible tourist attraction James Daois Suspect In Extortion Arrested In Library Masked Pair Gets Millions (Continued from Page Al) with the same rope descended another eight feet to an office Next door in a security office Christos Potamltis 25 wu the sole guard The security office contained a closed-circuit television monitor that scanned the money room Potamltis told detectives that at 11:15 pm while he wu watching the monitor and viewing commercial television two men burst in Both wore ski masks and gloves he said One of the men who Potamltis said had a shotgun shouted move or blow you away" Potami-tis said he wu handcuffed to a stairwell railing and the robbers then went to the lower level which houses the garage and the-money room The robbers used a crowbar which they had brought along to snap open two locks on the metal doortthe police said Sullivan said the robbers took 10 to 12 moneybags that were piled near the doorway He said it wu unclear why they passed up the remaining $20 million which also wu stacked in moneybags on handcarts The robbers knew how to ue the electrical system that opened the garage door Sullivan said Before leaving they wrote the message on the mirror in the garage Cyanide Probe Continues SAN JOSE Calif (UPI) A woman who nearly died in a coma induced by a cyanide-laced AnednJ capsule wu allowed to leave a hospital Monday and police investigating the case attempted murder said they would give her husband a lie detector test A spokesman at Good Samaritan Hospital said Sue Bowen 30 would require speech therapy because of brain stem damage from the poisoned capsule State health officials at Berkeley who were involved in the investigation said they had found no Other Instances of contamination i (Continued from Page Al) family moved to the Joplin Mo area in the late 1940s Seven people in the Chicago area died between Sept 29 and Oct 1 from taking capsules of Extra-Strength Tylenol that had been filled with cyanide No one has been arrested in the poisoning! Lewis was charged in mid-October with attempted extortion for allegedly demanding $1 million from Johnson A Johnson the parent company of Tylenol's manufacturer MacNeil Consumer Products Co The letter demanded that the money be mailed to an inactive account at a Chicago bank and threatened additional poisonings unless the demand was met At one time during the investigation Illinois Atty Gen Tyrone Fahner head of the task force investigating the deaths referred to Lewis as the "prime in the deaths But in letters to Chicago and Kansu City newspapers mailed from New York Lewis professed his innnrgnr in the poisonings and Mid authorities should look elsewhere Mrs Lewis is wanted on a federal warrant charging misuse of a Social Security card while trying to obtain work in Chicago Lewis' arrest comes two weeks after a Chicago-area man sought few questioning about the Tylenol poisonings surrendered to the FBI in Los Angeles Kevin Masterson 35 a mechanic waived extradition and returned to Chicago on Dec 2 Masterson who has not been charged with any crime in the Tylenol case wu questioned by officials of the Tylenol task force but Investigators refused to disclose the questions Master son wu asked He Is free on bond on an unrelated marijuana charge Leather Our leather attache cases are priced from S1 85 Leather legal pad holders42 5Q Available at Laurelwood and Germantown Open M-F until 9 PM Saturdays until 6 PM and Sundays 1-5 PM Free Gift Wlrap James Davis gift certificates are available at all three stores Filibuster Closes Down After Baker Gets Angry (Continued from Page Al) discussed and thrashed out in off-floor conferences quickly won unanimous consent and everyone wu free to go home pick up spouses and children and hud for the White House party The small band of opponents is expected to resume their filibuster this afternoon when the Senate takes up the gu tax-truck weight bill Baker then will file another cloture petition and there will be a vote on it probably Thursday Then the Senate will be back into the 100-hour stricture it broke out Of Monday During the 100 hours experts explained amendments will be in order Senate Minority Leader Hobart ByTd (D-WVs) told West Virginia reporters he will offer an amendment to authorize a community public works program funded at $2 Byrd said his jobs program "would pay for itself by partially delaying the third year of the tax cut for those making between $50000 and $65000 a year and by folly delaying the third-year tax cut for those few fortunate Americans making more than $65000 a With many Democrats favoring a big jobs bill but with President Reagan opposing such an expulsive program it is difficult to determine what effect Byrd's amendment will have in the fight over the gas tax MIL.