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Tut: DAILY PRKSS Woman Wins (from Ex-mate) Her Vote for Equality

36- Utica, Thursday, April 10, 1975

Lawyer Plans to Request
Hearing on Sanity Finding
SYRACUSE, NY. (APi-An attorney for John Harris,
accused of the 1972 murder of college coed Karen Levy, said
Wednesday he will request a hearing to contest recent fin-
dings that Harris is mentally competent to stand trial.
Defejise attorney Edmund Jeschke said he made his
decision after studying a report of tests on Harris by doctors
at the Mid-Hudson Psychiatric Center.
Onondaga County Court Judge Ormand N. Gale put the
Harris case on his calendar for Monday. Harris remains
confined in the Public Safety Building jail.
Last week Jeschke was granted a one-week adjournment of
the case so he could speak with his client before deciding
whether to ask for a hearing
Harris. 24. of nearby Cicero, is charged with two counts of
murder, first-degree rape and first-degree sexual abuse in
the November 1972 slaying dn Miss Levy. The 18-year^o!d
Syracuse University student from Cherry Hill. N J.,
disappeared after accepting a "ride on campus from a
- Harris was arrested last October when Miss Levy's
remains were found in a shallow grave at a landfill in the
nearbvTown ~of"Sahra
Harris was sent to the MidHudson Psychiatric Center for
tests last January after earlier befing found incompetent to
stand trial.
7 Aliens Arrested
AMSTERDAM, N.Y. (AP)- Seven persons from Costa
Rica were arrested Wednesday at three Amsterdam
businesses and charged with being illegal aliens. U.S. im-
migration officials said.
I hree other Costa Ricans, who were arrested for failure to
carry an alien registration card, were later released when
they produced their cards, authorities said.
Joseph McSherry, an immigration official in Albany, said
tips on the aliens' presence in the area came from Amster-
dam residents who wished to remain anonymous. State Po-
lice at Fonda assisted in making the arrests, he said.
The aliens were arrested at the Amsterdam Bedding Co.,
Bojud Knitting Mill, and Coleco Manufacturing Co.,
McSherry said. ^_.
Assassination Film Returned
NEW YORK (AP) Time, Inc. returned the famed Zapr-
uder film of the late President John F. Kennedy's assassina-
tion to the Zapruder family Wednesday for the sum of $1 to
wind up lengthy negotaitions over ownership of the film.
Abraham Zapruder. who died in 1970. took the film in
Dallas on Nov. 22.1963 and two days later sold it to the Time-
LifeF^ortune magazine publishing firm for a reported $25,000.
Time's announcement that the film was being returned tc
Zapruder's heirs added that the magazine publisher had been
unable to donate the original film and its rights to the Na-
tional .Archives "because of legal obligations to the Zapruder
Time said multiple first-generation copies of the film and a
set of first-generation transparencies of each frame would be
presented to the Archives, "where they can be seen by the
A copy of the film was part of the record of the Warren
Commission which investigated the assassination and
concluded that Lee Harvey Oswald was the sole assassin.
Sue t o Close NYC Zoos
NEW YORK rAP) The Society for Animal Rights, Inc.
sued ui Manhattan Supreme Court on Wednesday to force the
shutdown of the city's three zoos and the removal of the an-
imals to the Bronx Zoo.
In the action filed by the nonprofit organization of some 30.-
000 members, the society complained that the three zoos in
Queens. Prospect Park and Central Park do not have "any
meaningful veterinary care."
'Ice Bridge' Breaks Up
NIAGARA FALLS. N.Y. (APi-The spectacular "ice
bridge" that forms in the lower Niagara River at the base of
the American and Horseshoe Falls even
winter broke up
The bridge was battered apart by an increase of water
spilling over both falls and drifted downstream toward Lake
-It formed Feb 3->and increased to4hkknesses-of up to 60-
fee: after 60-imle-an-hour winds on Feb. 26 forced hunoreds
of acres of l^ke Eric ice into the river.
NEW YORK (AP) - A 27-
year-old woman who quit
college after marriage to pay
her husband's way through law
school was given an alimony
_set tl emen t Wednesday designed
to make her former husband
pay her way through medical
"Shall a young mother,
presently a full-time pre-
medical student with ex-
ceptional grades, be given an
equal opportunity for
development and fulfillment by
completing her medical school
training although capable . of
being self supporting as a
That' was the way acting
Justice Bentley Kassal framed
the issue in his opinion in
Manhattan's state Supreme
Court, and his answer was an
emphatic vote for equality.
He awarded Ethelyn D.
Morgan $200 a week for alimony
and child support so long as she
does not remarry and continues
her premed and medical
Ethelyn and Charles R.
Morgan were married on Jan.
2L 19G7,-Wheti he_was SLtbM-
year prelaw student at the
University of North Carolina
and she was a sophomore
studying biology at Florida
State University."" "~~ ~
"Recogniiing that both could
not simultaneously continue
their education and be self
supporting, they agreed it
would be preferable for him to
finish his undergracluate and
law school education while she
worked," the judge said.
During the seven years she
wrfced^_Mrs._ Morgan J>eeajne_
skilled as an executive
secretary and data analyst who
could probably earn $10,000 a
year, the-judge said.
"The ~ ouple" "separated
October, 1972, and she later
obtained a divorce from Justice
Kassal on the grounds of
abandonment. She was given
custody of their 7-year-old son.
In 1973 she enrolled in Hunter
College as a pre-medical
student and has earned ex-
ceptional grades.
Morgan's legal career
progressed well in the mean-
time. After serving a clerkship
for a federal judge, he became
an associate at a prominent
Wall Street law firm, earning
$27,500 a year.
Normally a decision on
alimony would take into ac-
count the fact that the wife had
the capability of being self*
But Kassal noted, "In my
opinion, the answer to this Issue
is that, under the cir-
cumstances, the wife is also
entitles to equalTfenment and
a break and should not be
automatically relegated to a life
of being a well-paid technician,
laboring with a life-long
frustration as to what her future
might have been as a doctor but
for her marriage and
No New Taxes
Associated Prtis Wirtptoto
Nguyen Yon Tu is all eyes as he looks at Terence Cardinal Cooke, Archbishop of New York, who
was on hand to welcome him and 14 other Vietnamese orphans at LaGuardia Airport Wednesday
on their arrival from San Francisco. The youngsters are among 210 children who have been sent to
the U.S. since Sunday under auspices of the Catholic Relief Service and Catholic charities.
ALBANY (AP)Senate Republicans
announced Wednesday a program to add
$197.4 million in state assistance to public
the proppsal would not require new taxes.
. Senate Majority Leader Warren
Anderson, R-Binghamton, said the
spending program will-only help education
if school officials economize.
"Implicit in this program is the
responsibility of every school district in
the state to meet the challenge given to
every level of government today by the
holpagnrpH tavpaypr- t hat is, to cut back
on unnecessary expenditures," Anderson
He said 30 senators, including three
Democrats, have joined as sponsors of the
proposal in the Republican-controlled
Democrats, who control the Assembly,
have already unveiled plans to add $300
million to the coffers of elementary and
high school districts throughout the state.
That plan, say its sponsors, would require -
new taxes to support.
The Assembly plan differs from
Anderson's in that it would give greater
assistance to big-city schools, would in-
crease the maximum state assistance for
each student by $100 to $1,300 and would
create a special reading-improvement
Anderson's program would restore
special assistance programs that are
scheduled to end this year and would also
make technical corrections in the state
assistance formula for education.
The Senate Republicans would continue
special "weighting" for high school
students, whereby each student in a
secondary school is counted as 1.25
students for purposes of computing state
Anderson's plan would also continue
assistance to highly taxed areas and would
provide that no school district would
receive less state aid in the school year
beginning next fall than it is currently
Little Visible Impact Seen
ALBANY (AP)-Gov. Hugh Carey's
Democratic administration passes his self-
proclaimed watershed of "the first hurr
dred days" Thursday having made little
visible impact on state government. But
there are some signs that the new
governor has the political resources and
skill to establish firm control in the months
and years ahead.
In the closing weeks of his campaign last
fall, when it was clear that Carey was
going to win, he began to herald the first
nundred days of his regime as a time
certain to produce innovation and change,
and a time in which he would establish a
pattern of "cleaning up the house of
government of New York."
But if there has been any sure pattern in
-his first 100 days. 4t has-been one-of
marked slowness in getting his new ap-
pointees in place and establishing an
administration of his own.
To Furlough 590 Employes
T1CONDEROGA. N.Y. vAP.)-The Jnic^national Paper
Company will shut down its mill here Monday and lay off 590
employes for one week, a company spokesman "announced
The mill" shutdown was the fifth shutdown announced by
the company since December. The company's normal work
forci? is approximately 1200. About 800 persons are currently
Poor market conditions in the paper industry were cited as
the cause of the shutdown.
3 Rescued In Mishap
NEW YORK (AP) Three men were slightly shaken up
Wednesday but got ashore safely after a Cessna seaplane
they were riding in overturned in Jamaica Bay. the Coast
(kiard reported.
The three were picked up by a Coast Guard boat shortly
after the seaplane overturned while taking off from the Mill
Hasin'arca near the Belt Parkway in Brooklyn about 1 p m.
Tho men u ere identified as pilot Leo Askirvuy of Brooklyn;
A! IXuortof New Rochelle and John Russell of Staten Island.
The men were going to a pleasure ride, according to the
Coast Guard
All three were released from a nearby hospital after exam-
Pair Indicted for Murder
NEW YORK (AP) - William Cutolo, 24, described as an
associate of the Colombo crime family, and another man
were indicted for murder Wednesday in the gangland slaying
of a man who was found floating in an oil drum in the East
Cutolo pleaded innocent in arraignment before Rrooklyn
Supreme Court Justice William T. Cow in, who set bail at
The other defendant, George N. Tropiano. 60, of Staten,
Island, has been hospitalized since Sunday in Staten Island
Hospital with a heart condition and will be arraigned later,
officials said. He was described as being Cutolo's "god-
The two were charged with killing James A. Nagi, 24, of
Brooklyn, whose bullet-riddled body was found last June 25 in
"Everything began to cave in on me," he
said in a television interview Wednesday.
"We got hit with a rocksliderockslide
with a capital R," he said in a smiling
reference to former Gov. Nelson
Any ideas for change and innovation
have been put aside as the hew governor
grappled with crises he ha,d not expected.
He has yet to fill ffveof i cabinet
positions. Though the legislature has been
in session three months of what is nor-
mally a five-month session, he has sub-
mitted only one package of major program
legislation. The bills to embody a long
string of campaign promises have not even
been drafted. Though the state is into the
new fiscal year, Carey has not demon-
strated any mastery of a budgetary
process which is normally a governor's
Even Carey's supporters concede that,
as yet, there is little of his own stamp on
the face oLstate government, and nothing
which reflects a clearly Democratic break
with 16 years of Republican rule.
o o o
YET THESE SIGNS of confusion and
delay obscure other signs of a new
governor quickly mastering his political
problems, willing to bear criticism for
slowness of action if that is the price of
moving carefully, able to negotiate with
*&maneuver around adversaries with a
skill essential to a strong governor.
.Even many Republicans believe, foT
example, that Carey handled the major
crisis that diverted his attention in the
early days of the new administration the
threatened collapse of the state's Urban
Development Corp. with an adeplness
which astounded his critics, bedaiiled the
legislature and banking institutions in-
volved, and ultimately, it now appears,
saved the day.
The key to a successful reign for any
governor is the ability to put together a
careful combination of arm-twisting,
public pressure, cajoling and persuasion to
roc*J>Ti,wr)CerAUJet-ricjeaDoaywasiounaiasijunein , * puwic pressure, cajoung ana persuasciuo ; propwaiwi
in oil drum pulled from the river by a passing tug. Jr^3j> wrkMswiUonwrtii&tastUui^ ^ forgotten.'!
legislature. Carey demonstrated that
ability in the UDC crisis, most of his
political friends and opponents believe.
In the process of r%solving the UDC
problem, Carey got off to a good start in
one working "relationship that could be
increasingly important to him that with
the legislature's top Republican, Senate
Majority Leader Warren Anderson. The
two men worked closely on the UDC issue
and emerged singing each other's praises.
Anderson, for example, commemorated
the passage of the 100-day period with a
statement declaring that he had found
Carey 'to be cooperative, gracious and
willing to listen to advice from othersall
highly desirable attributes in a person and
-a public- officials" --
Anderson's statement, however, also
reemphasized that the Democratic
_ governor and the Republicans controlling
the Senate are still deeply divided over the
need for new taxes. Carey insists the $10.4
billion budget passaged by the legislature
needs $500 million in new taxes to be in
balance; the Republicans insist that no tax
increases are needed, and they have the
power to block them.
o o o -
THE LOOMING FIGHT over the budget
will provide the next major test of Carey's
leadership, and it will be a tough one.
Unlike the UDC crisis, the partisan in-
terests involved are very important. The
Republicans have a major interest in
forcing Carey to put off tax increases until
next year, a legislative election year when
they hope to WTest control of the Assembly
from the Democrats.
Carey's only weapon in the battle is to
threaten tough budget cuts unless the
legislature acts on taxes. But the problem
with that approach, as he knows, is that
the Republicans might call his bluff, and
then he could have to bear the political
onus of the cuts.
The governor's current talk of a budget
crisis contrasts sharply with his campaign
rhetoric, in which he insisted that the state
faced a budget surplus and promised flatly
not to increase taxes on lower and middle-
income families.
His first concrete proposal after taking
office, of course, was a 10-cents-a-gallon
increase in the gasoline tax, which would
\ J3>ave impacted hwSl&qc* 9*yiy lower and
middle-income families. Carey apparently
did not even realiie-how fierce the op-
position to it would be and how much it
could affect families in upstate areas with
little or no mass transit he once said, for
example, that 'this would not effect
anything anybody uses to get to work."
o o o
THE GOVERNOR admitted in an in-
terview taped Wednesday for statewide
education television that' the gas-tax
proposal was a "lighting rod" that Is "now
"I guess they won't forget that I in-
troduced, it, though," he said. "I only hope
they remember that I only proposed it in a
fiscal emergency."
Carey's turnabout on the budget
reflected a more general factthat the
issues he raised in his campaign-were
often unrelated to the realities of state
government, perhaps because he knew
little about state government.
"Candidly, a great many people had the
impression, and I shared it, that what had
been built up in this state was a
megastatea state government that could
stand up to any strain, such as the current
strain on the economy," he said Wed-
nesday. "Well, it doesn't. We're in a
Though Republicans and some other
outsiders are upset at the slowness with
which Carey has filled the positions in his
new administration, most of his critics
concede that the quality of the ap-
pointments he has made has generally
been high.
o o o
CAREY PARTISANStake particular
pride in Steven burke as secretary to the
governor, Judah Gribetz as his counsel,
Lawrence Kolb at the Department of
Mental Hygiene, Peter Goldmark as
budget director, Mario Cuomo as
*creUry of state and Edward Berlin r ;>
member of the Public Service Com-
The search for those people and the
budget and UDC crises, Carey aides insist,
made the first hundred days less spec-
tacular than they wanted them to be.
The "first hundred days" would or-
dinarily have no significance as a
watershed for a new administration. The
more appropriate lime lo evaluate a new
governor might be at the end of his first
legislative session, when he would have
had a full opportunity to test hit skill In the
political environment of Albany.
BUT CAREY HIMSELF, in an apparent
effort to emulate one of his political
heroes, Franklin Roosevelt, gave it
significance through his campaign
rhetoric. He held out general promises of a
new era in stategovernment, and
promised three specific things: require
full public financial disclosure by major
officials, submit constitutional amend-
ments to replace the state's elective
system of picking judges with an ap-
pointive system, and submit legislation for
public financing of state political cam-
It may be a measure of Carey's devotion
to fulfilling campaign promises that he has
done none of those things, and there are no
indications as to when he will.
Beyond those specific items on what
Carey called his "agenda for the first 100
days," Carey also made promises lo
submit "as my first priority" legislation
strengthening rent controls and a conflict-
of-interest statute for public officials.
Again, nothing has been heard of those
ideas since the campaign, although Carey
aides insist they are coming.
Through all these crises and criticism,
Carey has retained his sense of humor, and '
also his ability to talk around questions.
On Wednesday, for example, asked the
inevitablefor a New York governor-
question about his presidential ambitions,
if any, he first launched Into a rambling
monologue about how "the nation has
always looked to New York for leaoV-Jbip
in hard times."
Did that mean he wanted to run for the
.White House?
"If I can unscramble what I found here
in four years I may be eligible for another
office, but not the one you're talking
about," he said.
No one listening had any idea what that
' Bu t the guessing was that Carey Is
available if called, and thai In the
meantime he Intends to be in charge in
. Albany, and for people to know that he is in
Untitled Document

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Thomas M. Tryniski
309 South 4th Street
Fulton New York 13069