Guilt Is Found Jury by BAILIE SCHRAEGER Ways with the State
Total Page：16
File Type：pdf, Size：1020Kb
Baseball Team SEE PAGE 14 Smny/pteaant Why aBf to- maww. Clem; nffld tonight FINAL Suupj and wuiiuer Sunday,' Red Bank, Freehold Long Branch EDITION Monmontli County's Home Newspaper for 92 Years VOL 93 NO. 212 RED BANK, N.J., FRIDAY^ JUNE 11,1971 Guilt Is Found Jury By BAILIE SCHRAEGER ways with the state. Mr! Ansell's case was limited to defense came to him with sexual problems. The film was adjudged to nostic Center, Menfo Park, he said the doctor had "patently exhibits, oral argument, and cross-examination of state wit- be not obscene because it was found to have redeeming social- violated the canons of the Supreme Court of the United FREEHOLD - Supplied with quantities of exhibits, many nesses. I • • - value.) _• States... He equated sex with obscenity and he equated nu- of them photographs of mate nudes used to illustrate homosex- Two Witnesses Presented Judge McGann denied Mr. Ansell's motion to strike the dity with obscenity." ' ual literature, a jury deliberated for only 35 minutes yes- Assistant Prosecutor Steven C. Rubin produced a psy- testimony of the expert witnesses. Mr. Ansell said the state He said the testimony of both experts was "confused." terday before finding an Elizabeth man guilty in an .obscenity chiatrist and a Methodist minister, both of whom testified they bad produced "no expert on literature" and Uiat "we are talk- Judge McGann said he thought both witnesses had tried to case. felt that the materials in question were obscene. ing about literary works here." 'answer questions carefully and that their opinions were mere- Robert I. Ansell of Asbury Park, attorney for Walter Kun- ' The materials were seizEd in a police raid April 16, 1370, Mr. Ansell argued that previous court cases held that ly given to assist the jury, not to decide the case. dziez, said his client will appeal his conviction. He was in a house and garage owned by Jack O'Brien, a cartoonist for "you must have an expert in each of the three elements" Judge McGann denied a motion by Mr. Ansell for a judg- charged in a two-count indictment with possessing obscene the "Sad Sack" comic strip at 394 Allaire Road, Wall Town- needed to establish obscenity. ment of acquittal on the grounds that the state's case was material with the intent to utter it and to sell it in Wall Town- ship. ' To be legally obscene, material must be shown to affront based on "the principle... not a law... that depiction of ho- Ship between Feb. 15 and April 16,1970. , Mr. O'Brien, indicted on the same charges, was granted contemporary community standards, to have as its dominant mosexuality is automatically offensive to contemporary com- Sentencing Set immunity from prosecution in exchange for his testimony. theme an appeal to prurient (lewd) interests, and to lack re- munity standards." Monmonth County Court Judge Patrick J. McGann Jr. set Continuing on the stand yesterday was the Her. Newton deeming social value. Mr. Ansell also argued unsuccessfully to the judge and to Aug. 6 for sentencing and continued $10,000 bail for Kundaez, W. Greiner, pastor of the First Methodist Church of Keans-•. After arguments about what should or should not be ad- the jury that Mr. Kundzte's'mail-order business was based in who could receive up to three years in prison and a $1,000 fine burg. mitted,. Judge McGann took a brief recess to examine three New. York, not in New Jersey, and that he merely stored old on each of the two counts. The essence of his testimony was that depictions of heter- books offered in evidence and came back to say he would not leftover materials on the O'Brien premises. Judge McGann had told the jury of nine men and three osexual acts of love are not offensive, but that homosexual pic- waste his time on reading them in detail, but he found them to Mr. Rubin argued for the state that if Mr. Kundriez had women - all apparently middle-aged or older - that they tures concentrating on the sexual organs are obscene. - be "patently offensive." not intended to use the material he would have "dropped it would only have to find that one of the exhibits was obscene "It's the emphasis that counts," said the Rev. Mr. Grei- down a well" or thrown it away. and that the defendant knowingly possessed or controlled it ner, called as an expert witness because he does marital coun- "Anything that depicts homosexuality in any way is pat- The state exhibits include books, magazines, photographs, with the Intention of uttering It or selling it in order to find Mr. seling and has studied sexual problems. ently offensive," he said, outside the presence, of the jury. advertising pamphlets and a deck of cards. Kunddez guilty. (A witness for the defense in an earlier obscenity trial in- "The Gay Society is a minor factor, and homosexuality is not Defense exhibits include photographic essays depicting Mr. Knndriez did not take the stand and there were no de volving the showing of the ffflra, "Man and Wife," a documen- accepted in this country." hetero-and homosexual acts of love from two issues of Playboy tense witnesses, a fact which the jruy was ordered to dis- tary depicting various positions of sexual, intercourse, the Rev. When Mr.' Ansell moved to strike the testimony of Dr. Magazine and several issues of homosexual magazines ruled regard because the burden of proof in a criminal trial is al- Mr. Greiner said he recommended the film to persons who Basil Campean, assistant medical director of the state Diag- not obscene by the United States Supreme Court. is Seen BlamesSmear on Election MIDDLETOWN - Assem- are earned by the corporation common stock in the corpo- "I draw an annual salary as of these customers would be blyman Joseph Azzolina, R- of which I am president," he •ration has never received a' president of the corporation," upset if we didn't have them Monmouth, • today denied he said, "the commissions go dividend. he said in a three-page press available." Getting Top Stores has made any profit in the into the operating expenses of release," and this salary has Mr. Azzolina attributed the He admitted that "a few sale of lottery tickets in su- the corporation helping to pay shares of the preferred stock not been increased since the story to efforts by persons un- EATONTOWN - There was no word yet Five major "high quality stores are inter- permarkets he heads. salaries for hundreds of em- which earns eight per cent in- lottery began." named to smear bis name for yesterday whether construction will resume on ested in Eatontown," he said, but noted that be He reacted to an Associated ployes, cover overhead ex- terest annually are in the! The assemblyman repeated political purposes. the' Korvette's shopping center that was going had promised not to reveal who they are or Press story from Trenton penses of all types, assure names of my children, but his charge of yesterday that "Everytime I seek reelec? up on Rt 35 at Weston Place. who the developers-will be. which said that. Mr. Azzolina continued company growth this is a very insignificant val- the wire service was using tion, the. smears begin," he Mayor Herbert E. Werner, who met with "Something good, I'm sure, is going to earns.about $150 a week in and to pay interest to 165 in- ue." "smear tactics" in reporting said, "arid they seem to get vestors who hold preferred, principals of the developers, said they are come out of this," Mayor Werner commented commissions from the sale of Mr. Azzolina is president of, the story. worse everytime around. But and said he wDl keep in close contact with Ar- stock in the corporation." "reevahiating the whole situation." lottery tickets at the three su- Food Circus Foodtown.Super- Expects Tactics this is not the first time I have len and otter developers interested in building Gets No Dividend Construction stopped about the time the- permarkets owned by the cor- markets Inc., which operates "It can be cxpected.that been attacked unfairly, and I in the borough. ' Mr. Azzolina said he holds. developer, Arlen Shopping Centers Inc., pur- poration of which he is presi- stores in Middletown, Wa- my political opponents wfll try guessit won't be the last." chased the neighboring Monmouth Shopping Sees Development dent. , ; none, of the preferred stock • everything under the sun to. SeeAmflna. Paeel ' himself and as an owner of namassa, and Port Mon- Center. He sees the area south of the circle as "The lottery commissions .rnoulh. defeat me," he said, "but it ?1 Million Invested "developing in orderly fashion with top stores hurts doubly. when It comes The mayor said he personally feels "cer- and high ratables" coming in the near future. from someone writing for a |tainly this project isn't going to die" and he If residents continue to oppose the devel- responsible hews agency." said that Arlen has over ?1 million invested in opment of the area, Mayor Werner warned, The story questioned wheth- the center at this time. the major developers will sby away and small- er or not the assemblyman The foundation is mostly in and steel work er, less alternative, strip stores that yield low- might be in violation of a' wastobfigWoverthe summer. er taxes will be bunt. state conflict of interest law Mayor Werner Indicated there may be The borough's two major existing shop- forbidding lawmakers from more connected shopping center development ping centers now pay U.5 per cent of the mu^ dealings with various state in the same area soon and possibly by the nlcipality's tax load keeping Eatontown in the agencies.