Detroit Free Press from Detroit, Michigan • Page 2

2A DETROIT FREE PRESSSATURDAY. FEB. 20, 1982 Payton sues for $15 million Suspect's dad offers alibi Atlanta trial By JOE SWICKARD Free Prest Staff Writer David Payton, once charged with the murders of four Detroit prostitutes, filed a $15 million lawsuit AP and UPl ATLANTA Murder defendant Wayne B. Williams was home Prosecutors asked what assignment he covered the evening of May 21. He replied, "I don't remember what it was.

If it's not recorded on here, it was canceled." "No, no. I know I did (go to the assignment)," he added quickly. "I left the Kiwanis and went to the assignment. I didn't get home until 1 1 or 1 1 :30. A lot of times I go on assignments and they are canceled, so I don't record it." He admitted that the date in his logbook appeared to have been changed from May 22 to May 21.

Judge Clarence Cooper said Friday that he would hold court Saturday for the first time since the trial began eight weeks ago. The defendant's mother, Fay Williams, is expected to testify. St. Clair Shores Rochester Ann Arbor Open Mon, Thur Frl evenings Southfleld Open Mon-Frl till 9pm Falrlane Mall Open Mon-Sat till 9pm Friday charging authorities with malicious prosecution, libel and civil rights violations. Named in the suit were the Wayne County Prosecutor's Office and the Detroit and Highland Park police departments.

Murder charges against Payton, 25, the former coach of the Highland Park High School eirls' basketball team. sun iz-spm I Valuable Coupon Good until Feb. 27, 1982 in bed the evening a prosecution witness said he was holding hands with a young black man who was later found slain, Williams' father testified Friday. Williams, 23, a black free-lance photographer and aspiring talent promoter, has pleaded innocent to charges that he murdered Nathaniel Cater, 27, and Jimmy Ray Payne, 21, two of 28 young black people whose deaths were investigated by a police task force. The slayings began in July 1979 and continued for 22 months.

A prosecution witness testified he saw Williams and Cater holding hands in downtown Atlanta about 9 p.m. last May 21. Prosecutors say Cater was killed late May 21 or early May 22. Police stopped Williams near the Jackson Parkway Bridge about 3 a.m. May 22, after a stakeout team reported hearing a loud splash, perhaps made by a body being dumped into the Chattahoochee River.

Two days later Cater's body surfaced. WILLIAMS' FATHER, Homer, 68, testified during his second day on the stand that he had taken the family car on the night of May 21 to attend a civic club meeting and go on a photographic assignment. When he arrived home between 1 1 and 1 1:30 p.m., his son was in bed, the elder Williams said. Homer Williams testified his son woke up when he returned home late May 21 and said he needed the car to pick up a tape recorder from a nightclub. The gravel-voiced, retired physics teacher and free-lance photographer said his son didn't return until about 4:30 a.m.

Homer Williams, asked to refer to a logbook he kept of his assignments, said the only one recorded for May 21 was at noon. 20 ,.60 OFF! Officials of other agencies named in the suit did not respond to telephone calls Friday afternoon. PAYTON WAS ARRESTED in November 1980 for a sexual assault. Four days later, he confessed to killing Bettye Rembert, Diane Burks, Rosemary Fra-zier and Jeanette Woods. Police said Payton was able to 'give them details of the crimes that had not been made public.

However, Donald Murphy, arrested on a rape charge in December 1980, stunned police when he confessed to killing Rembert, Woods, Burks and two other prostitutes. Murphy also was able to provide supposedly secret details of the crimes. A bloodstained pickax handle linked to some of the killings was found In Murphy's car trunk. According to court documents and later testimony, some homicide investigators were convinced that Murphy was the killer. But sources close to the Investigation said the detectives were unable to convince their superiors to drop the charges against Payton.

Sources said the argument then moved to the Prosecutor's Office, where superiors insisted on continuing the cases against Payton despite Murphy's confessions and the other evidence. RECORDER'S COURT Judge Warfield Moore Jr. dismissed the charges against Payton in March 1981, ruling Payton had not been taken in front of a magistrate soon enough. Cahalan denounced Moore's ruling and vowed to appeal it, but he never did. Payton, who claimed his murder confessions were "fed" to him by the police, later was acquitted by Recorder's Court juries of armed robbery and sexual assault charges.

Murphy, just before his trial last month on a sexual assault charge, told Recorder's Court Judge Edward Thomas that he killed two prostitutes, Cecelia Knott and Cynthia Warren. Before the courtroom admissions, Thomas heard Murphy's tape-recorded confessions to six killings, including the deaths of Rembert, Burks and Frazier. Later, in sentencing, Murphy to 15 to 30 years on the second-degree murder conviction, Thomas said he was convinced Murphy was responsible for the three slayings. We Pay 20 EXTRA FOR U.S. FUNDS I I I I.YIj.MVJiItTt)! SPODE IjMftii MINTON I DENBY I 1mW II were dropped by a Recorder's David Payton Court judge after another man confessed to three of the slayings.

"This is, in part, an attempt to clear his name," said Michael Brady, Payton's attorney. "Dave doesn't have any choice, really, but to go ahead with this. He's a young black kid who made it. He did everything right went to college and got a good job but still it didn't make any difference. Now he's lost everything." THE SUIT CLAIMS Detroit homicide investigators coerced confessions from Payton, refused to let him see a lawyer, questioned him non-stop for 56 hours and took away his contact lenses during the interrogation.

The suit further alleges that the Prosecutor's Office maliciously continued to prosecute him for the murders even after the confessions of the other man, whose stories were supported by physical evidence. Brady said the suit will be the first complete public airing of the controversial handling of the investigation and prosecution of a series of murders in 1980 when 18 women, 1 1 of them prostitutes, were slain in similar fashion. Wayne County Prosecutor William Cahalan would not comment on the suit itself, but said: "If it will be an airing of the case, I would welcome that, I really do. I'm confident our office acted properly." F.P, COALPORT i mm I paragon ums I I I WATFORD CUT CRYSTAL USE FREE PRESS WANT ADS 222-5000 Polish priest tried for slander Detroit schoolboy, 5, assaulted on way home A five-year-old Detroit boy was sexually assaulted Thursday on his way home from school on the city's near west side, Detroit Police said Friday. The kindergartner told police he was approached near Burton International Elementary School at 3420 Cass by a man he knows.

The man took him to a vacant house on the 200 block of Erskine and committed sodomy on him, the boy said. Police were seeking the man, who lives near the school. Burton's principal, Rose Marie Thomadsen, said a family friend picked up the boy at school. But the friend, who was not identified, told police that when he arrived at the school, the boy was gone. Police saw the boy walking alone on a street near the school about 5 p.m.

and took him home. The child then told his mother and the officers about the assault. It was the latest of 1 7 sexual assaults or attempted assaults since mid-December involving students on their way to or from school. All the others were girls. Two other girls were raped inside schools.

Three people, two of them teenagers, have been arrested. imposed martial law Dec. 13. THERE WAS NO immediate comment on the arrest from the church or its primate, Archbishop Jozef Glemp, who has spoken out against martial law. Until Friday, he had maintained public silence since returning last week from talks at the Vatican with Polish-born Pope John Paul II on strategy toward the regime.

In a sermon to more than a thousand Poles at an outdoor religious ceremony Friday in Warsaw, Archbishop Glemp urged people to "be patient, because we have to survive. "In these difficult times, neighbors should support neighbors so there is no suffering by abandoned and lonely people." IN AN INTERVIEW with the morning newspaper Zycie Warszawy, Urban said martial-law authorities will tighten restrictions if there is any attempt this spring to spark "political (or) armed clashes with the authorities. "The prospect hinted at is that of armed clashes, about going into the woods as soon as it gets warmer," Urban told the paper. The warning came in response to a slogan, daubed on walls in Warsaw and the Baltic port of Gdansk where Solidarity was born, that "winter is yours, but the spring will be ours." "The slogan has a sinister air to it," Urban said. By THOMAS W.

NETTER Associated Press WARSAW A priest has been arrested and put on trial for a sermon slandering Poland's communist regime and Prime Minister Wojciech Jaruzelski, a government spokesman said Friday. But spokesman Jerzy Urban denied a West German newspaper report saying the regime plans a major crackdown on the Roman Catholic Church and a roundup of priests. He said the government did not seek a confrontation with the church in this predominantly Roman Catholic country. "THERE IS NO TRUTH whatsoever that there is any wave of arrests planned," Urban declared at a news conference. He said the arrest of the priest believed the first in Poland in more than a decade should not be viewed as a warning to other clerics, since the authorities had not given it wide publicity.

"It is not in the interest of the state to conduct a war over crucifixes," Urban told Western reporters, referring to a state radio broadcast Thursday that said a priest in northern Poland had told people to oppose the removal of crosses from schools even if they were fired upon. Urban did not name the arrested priest or give details of the sermon. He said the priest was from Koszalin province in north-central Poland and had been arrested after Jaruzelski, an Army general, r-mmmmfmrnss LIMITED TIME! PRICES GUARANTEED 1 WEEK 3-PC. CORDUROY SUITS Our exclusive mid-weights for the Brooksgate man Young executives will find these wool suits invaluable for business and social wear, as their weight offers comfort 10 months of the year. Add to this, the trim good looks of our exclusive 2-button Brooksgate model.

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155-500) Published daily and Sunday by Detroit Free Press. Inc. at 321 W. Lalayelte. Detroit.

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JOSEPH'S CHURCH Using New Prayer Book 8850 Woodward Ave. at Holbrook Fr. O.Q. Walker, Rector 8 a.m.- Holy Eucharist and Sermon. 1 1 s-nj Solemn Eucharist and Sermon.

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Senior Usher Board Program, Rev. Jim Holley. Wed. 7:30 p.m. Mld-Week Prayer Service.

I ST. JOHN'S EPISCOPAL CHURCH OF DETROIT Pre-lenten Season OUINQUAGESIMA SUNDAY 8 m. HOLY COMMUNION 11 a.m. HOI COMMUNION 8 SERMON Church School 8 Nursery ASH WEDNESDAY 10 530 pm HOLY COMMUNION and IMPOSITION OF ASHES I ri Noon-12 10 Organ Recital lollowed by light lunch Ample Free Parking Now Baptist Girollnl Golo Haltton Gloria Vanderbllt Jack Rodgera AAn (Cash'Only) 300 OFF ALL BOOTS 1 SKIRTS Values to $100 Sizes 8 thru 20 Cash Sales Only All Sales Final Prior Sales Excluded 660 Pairs CHURCH OF OUR FATHER 5333 E. 7 Mile Road Hov.

Thomas Evans, Pastor 8 4 11 a.m. "Son by Adoption." Wed. Christian Education Classes 11 a.m. to 1 p.m. and 7 to 9 TABERNACLE BAPTIST 8128 Beechwood 8 a.m.-"Let Us Pray." 10:45 a.m.

"Almost! Almost" Dr. Frederick Q. Sampson, preaching. THE 17508 2nd at Palmer Perk Sunday Service 9 4 11 a m. Call 435-4B48 lor complete list ol activi-tios Radio WORS-FM(105 1 daily e)t 0 30 and Sunday at 9 00 a m.

p.m. MARINERS' CHURCH-170 E. Jefferson, Detroit 48228. 963-1255 Free Parking. Using the 1928 Book ol Common Prayer.

Sunday Services 8:30 11 am. Church School 4 Nursery. Ash Wednesday, Feb. 24: 12: iO 4 7:30 pm. The Holy Eucharist and Imposition of Ashes.

SUNDAY with Cliff Barrows Geo. Beverly Shea Tedd Smith DEXTER AVENUE 13500 Dexter Or. WHIiam R. Haney, Pastor. Sunday School 9 30 a.m.

Worship 7:45 10:45 a.m., Wed. 6:30 p.m. Midweek Prayer Service 7 p.m. Bible Class. Unitarian-Unlversalist ADVANCE FASHIONS Under the brltMorinte root of the New Orleans Mai ORCHARD MALL ORCHARD LAKE ROAD W.

HoomMd Just North ol Maple Sat. 10 a.m.-6 p.m. OREATER NEW MT. MORIAH-586 Owen. 56th Annual Men's Day Observance.

Sunday 11 am 3:30 pm Rev. S.M. Wrlght.pastor, People'! Baptist Dallas, Texas, guest speaker; "Christian Service Through Preparation and Training." Isaac Thorpe George Jones. General Chairmen. Dr.

Benamln L. Hooks, pastor on leave Rev. Robert J. Page, Co-pastor. NEW ORLEANS MALL 10 Mile Greenfield Southfleld Corner of to Mile lMOOW.lOMieat&eerrtteld southtield.M BCQ AhW HOURS: Mon.

thru Sat. 10-5 IRS: Mon. thru sat. tu-s vvvvww Thursday 10 a.m. to Jt) m.

Mon. thru Sat. 10 a.m. to 6 p.m. RUSSELL ST.

BAPTIST CHURCH 8700 Chrysler Freeway Anthony C. Campbell Pastor (I am Sunday Sunday, 10:30 Morning Worship. 1tUnltrln-Unlvertllst, 4805 Cats at Forest, 833-9107, 10:30 a.m. The Honorable Wade H. McCree, Jr.

"Have We a Common Denominator." '-pj-y'-j Uptown 1 WEXL 10:00 PM 1340 KC.