European Stars And Stripes (Newspaper) - June 29, 1986, Darmstadt, Hesse                                Sunday. June 29, 19bb the stars and stripes Page 5 Appeal by prosecution halts Whitworth espionage trial Jerry Whitworth san Francisco a a Federal appeals court Friday hatted the espionage rial of former Navy code expert Jerry Whitworth to consular whether prosecutors must prove Whitworth knowingly spied for the Soviel Union a 9th . Circuit court of appeals panel in a 3-0 ruling on an emergency Appeal brought by prosecutors said it was delaying resumption of the trial until july 7, the government contends it should be allowed to convict Whitworth without having to prove he knew the communications secrets he allegedly stole were being bought by the soviets closing arguments had been scheduled 10 begin monday after 1 1 weeks of Testi Mony and a one week recess. Earlier Friday . District judge John Vukasin refused a request by assistant . Attorney William Farmer to reconsider his ruling on the soviet Issue or Hall the trial to give the prosecution time to Appeal. Whitworth 46, of Davis calif., is accused of being the chief supplier of Navy communications secrets for nearly a dec Nde to a soviet controlled spy ring run John Walker or a retired Navy chief warrant officer. Vukasin s ruling appeared to give the defense its Only Chance of acquittal on the most serious charges facing Whit Worth seven espionage related counts carrying potential life sentences. Whitworth also is accused of an eighth count of stealing a secret Tinc Mcm and five counts of tax evasion on Llic $332,000 he reportedly got from Walker. With any other ruling on the soviet Issue defense lawyer James Larson told Vukasin the defense would be hard pressed to present a credible argument to the jury. If acquitted of espionage Whitworth could is ill be convicted of the lesser charge of unauthorized disclosure of cryptographic secrets punishable by up to 10 years for each of Sis counts. The judge s ruling involves the Mosi important Legal Issue in inc Case whether the prosecution can prove merely that whip won had reason to know his Dis closures would harm the United slates or help another country As the espionage taws state or whether the other coun try Musi he the Soviel Union As the indictment specifics. Walker the chief prosecution witness testified he never told whip won about the soviets role but instead suggested thai Israel the mafia or a private Organ i at Ion was buying i he secrets. Vukasin ruled wednesday that the prosecution was bound by the language of the indictment. Farmer said allowing a defendant to plead that he thought he was working for a different country than the one named in the indicia pm would make espionage enforcement exceedingly difficult in certain  he told Vukasin inc soviet Kab often uses false Flag recruitment of spies misrepresenting Ilsel fas a . Ally. Fugitive lawyer found innocent san Rafael. Calif. A a Law yer who spent 13 years As a fugitive was acquitted Friday of murder and conspiracy by a jury that refused to believe he provided the gun that ignited a 1971 san Quenlin prison riot in which six people died. Mis supporters gasped As Stephen Bingham. Who was accused of slipping a pistol to militant inmate George Jack son during an attorney client visit was acquitted of two counts of murder and one of conspiracy in Marin county Superior court. The prosecution said Jackson hid the 9mm pistol and to ammunition clips under an afro wig then used in later that Day to Force guards to release about two dozen other inmates who went on a rampage in his maximum Security cell Block. Jackson a Black Panther Leader died in the aug. 21, 1971, Riol. Bingham 44. Disappeared thai Day and resurfaced in August 1984, saying he believed the political climate had changed enough that he now could get a fair trial. The lawyer who would have faced a maximum penalty of life in prison upon conviction smiled As the verdict was Sands of time to the stars and stripes 40 years ago today june z9, 1946 in. Col. Max Koegel former nazi commander of Flos Senberg concentration Camp was found hanged in Nuernberg jail. Koegel who was wanted in connection with the murder of 46.000 Camp inmates was captured last week in Bavaria 30 years ago foday june 29 1956 radio Warsaw reported that an undisclosed number of poles were killed in Senous unrest in the West polish town of Poznan. 20 years ago today. June 29, 1966 rep. Otis Pike . Of the House armed services committee suggested that Young men be offered the Choice of enlisting in the arms forces for two years or face being drafted Lor three. 10 years ago today. June 29 1976 unheralded Bill Jankunis upset world record Holder Dwight stones at the . Olym Pic rack and Field trials in Eugene Ore. Read after a week of deliberation bin quickly became choked with emotion. I Hope this verdict encourages put pc to try to do what they think is  Bingham said. With him was a crowd of supporters Many of whom attended tin trial daily since its april 7 Start. I m just Happy. It shows that in 1986, the things we believed in in the 1960s and 70s endure said Bingham. He was Active imprison Reform at the time of the Inci Dent. Whal s going on in the prisons is a problem said Bingham. People should t forget and Many people Are trying to do something about  i am disappointed said prosecutor Terry Boren. But by the same Token the jury s verdict was within the realm of reason. I Don t quarrel with  As he verdict in the first count conspiracy was read Bingham s French wife Francoise began crying. His father Alfred 81, a former Connecticut pro Bale judge who paid most of the$500,000 Bill for his son s defense also wept. I feel wonderful. Stephen Bingham really is inc person i described to that jury said defense attorney m. Geral Schwartzbach. I think the evidence and the facts compelled he verdicts but the world should i now he really is a great  deliberations began Laic june 20 and were interrupted for portions of two Days while jurors heard a Reading of inc testimony of a fingerprint expert and a guard who survived the Bloodbath. The jurors refused to talk to the press after being released. Foreman Mary Bradford a writer and retired teacher said we voted on no  Bingham and his attorneys spent the week visiting supporters in the hallway outside judge e. Warren Mcguire s courtroom. Defense attorney Susan rut Berg described the wait As torture but Bingham remained outwardly Calm an said repeatedly he believed he would be acquitted. During the trial guards testified that Jackson forced them to free the other inmates. Three guards and two inmate tru Slies died in the riot. Jackson was killed As he ran toward an outside Wall pistol in hand. Bingham spent most of the next 13years in Paris under an assumed identity before surrendering in san Francisco. Stephen Bingham. Suit by concert guard claims racist remark left him impotent Richmond a. Up an attorney for a 57 year old Black concert guard who claimed a racist re Mark by country Singer Loretta Lynn rendered him impotent withdrew a 12 million damage suit Friday but said he plans to refile it this week. Saad Al Amin moved to drop the suit filed in Rich mond circuit court on behalf of Ceasar gaiters or. After two Days of testimony. He said he feared judge James Wilkinson was about to Rule in favor of the country Star. That s what he was going to do Al Amin Lold reporters. He plans to refile the suit monday. Al Amin criticized the judge saying he has so every narrow minded opinions of life and said refiling the lawsuit would be preferable to going through a lengthy appeals process. We would have had the problem of paying for transcripts and having the Case languish in the Appel late courts for years he said. Gaiters who worked at the Richmond coliseum claims Lynn singled him out during her song Coal Miner s daughter in a predominantly White crowd of 7,000 to 10,000 people. During me concert he spotlight focused on gaiters and Lynn urged him to stand up testimony indicated. In her remarks from the stage Lynn compared gaiters to the color of Coal the suit said. If you people Don t know what Coal looks like Here is somebody who knows what Coal is All about Llic gaiters suit quoted Lynn As saying. The suit had contended that gaiters 57, suffered sexual impotence and depression because of the humiliation he experienced from the incident. Earlier Lynn s lawyers failed to convince the judge that the suit should be dismissed because the concert guard could not prove he was injured by her remarks. Lynn s lawyers began their defense against the guard s claims that he was rendered impotent and led to drink As a result of the humiliation he suffered. Lynn s lawyer argued the Virginia supreme court has limited the types of cases in which people can sue Tor damages. Such cases Are those involving emotional distress when there is no physical damage at the time of the incident he said