Death Penalty Sought in Russo Murder SEE STORY BELOW Sunny, Milder Sunny and milder today. Cloudy and mild tonight Sun* FINAL 1 tnild tomorrow and } Red Bank, Freehold f I Long Branch / EDITION Monmouth County's Home Newspaper for 02 Years VOL 93 NO. 198 RED BANK, N.J., FRIDAY, APRIL 9,1971 TEN CENTS Stavola's Assault Casattorney sincee bis arres t andDismisse"I challenge the state to dictment, Judge Conklidn By WILLIAM J.ZAORSKI Grand Jury Aug. 18. rights as guaranteed by the vised that he had a right to Whue the county indictment fifth, sixth and fourteenth consult with his attorney any had been warned of his rights show where the prosecutor noted that Mr. Stavola bad FREEHOLD - Superior is dismissed, Mr. Stavola still amendments of the U.S. Con- time during the questioning, prior to hi? appearance before warned Mr: Stavola that any- not signed a waiver of immu- Court Judge Walter H. Con- faces an indictment by the stitution and by the N. J. Con- he said. the grand jury. thing he said would be used nity and was not warned of klin yesterday dismissed an state Grand Jury which stitution. "This was not done," main- The assistant prosecutor against him," said Mr. Wal- his rights by the prosecutor. indictment against Michael J. charges him and another man The attorney said that tained the attorney, adding said Mr. Stavola volunteered der. He should have been read- Stavola of Middletown which with trying to influence a while Mr. Stavola voluntarily that Mr. Stavola was not giv- to give his side of the story Mr. Rosen countered that vised of his rights whether he charged him with assaulting a state police detective in order appeared before the county en the Miranda warning when before the grand jury Aug. 18 Mr. Stavola was initially ad- was subpoenaed or volun- Middletown patrolman and to obtain "a favorable dis- grand jury, he was'tfife'target he appeared before the panel. and that he was aware of the vised of his rights under the tarily appeared before the With resisting arrest. position of the Monmoutb of an indictment by the jury Not Initial Step matter the panel was consid- Miranda decision and he grand jury, said the judge. He County Prosecutor Vincent County indictment. and that the prosecutor bad Assistant County Prose- ering. questioned whether he had to definitely was not advised P. Keuper said he will re- Judge Conklin's ruling an obligation to warn Mm of cutor Edward R. Rosen, how- be reminded of these rights that anything he said could present the matter to the came on a motion by Justin P. his rights against self in- ever, argued that the graiid A transcript of the grand each time he was questioned. be used against him, he county Grand Jury and that Walder of Newark, who with crimination. jury hearing the matter was jury proceedings show that "He (Mr. Stavola) used added. He cited Supreme this time Mr. Stavola will not Marvin E. Schaeffer of Ocean The prosecutor not only had not an investigatory grand Prosecutor Keuper advised very poor judgment in ap- Court decisions which hold be called to testify. Township, represents Mr. Sfa- to remind him of his right to jury and the hearing was not Mr. Stavola that he had a con- pearing before the grand that a person must be advised Judge Conklin dismissed vola. the initial step of the proceed-, stitutional right not to testify jury," interjected Judge Con- of his rights. the indictment because Mr. be silent but also that what- Mr. Walder argued that the ever he said could be used ings against Mr. Stavola. and that Mr. Stavola willingly klin. "He also talks too "For these reasons I must Stavola had not been properly indictment was in violation of against him, said Mr. Walder.- Mr. Rosen said Mr. Stavola •waived Us rights, argued Mr. much." dismiss the indictment," he advised of his rights when he Bosen. In dismissing the in- See Stavola, Page 3 ' appeared before the county Mn Stavola's constitutional He also should have been ad- had been represented by his Death Sought for 3 In Slaying of Russo By HALLIE SCHRAEGER who is under federal in- gagged and blindfolded him. and pry the bars apart. FREEHOLD - The state dictment for a bank robbery Officials said they removed -The two escapees then will seek tfie death penalty for in Rahway Feb. 11. a metal strip from a ductwork scaled one 10-foot-high fence three men accused of murder- The two men Monday night- •enclosing plumbing and used and crawled underneath the ing John Russo Sr., 77, at his lured a guard into their cellb- it to break through jalousied large outside fence, the offi- Asbury Park home last New lock and overpowered, bound, windows, screening and glass See Death, Page 2 Year's Eve, Assistant Prose- cutor Thomas J. Smith said NEW SHOPPING CENTER — Ground will be broken next Monday for a new shopping center on Rt. yesterday. 35 at Weston Place, Eatontown, to be constructed by Arlen Shopping Centers, Inc. of Long Island Monmouth County Court City, N.Y. It will include 120,000-square-foot Korvettes department store (rendered above), a super- Judge Patrick J. McGann Jr. market and satellite retail stores. The developers of the 25-acre site have built more than 150 centers granted a defense motion to In the past 15 years. sequester the jury, but contin- ued until April 19, the trial date, a defense motion for a postponement. Marlboro Session Ends Assistant Deputy Public De- fender asked for the delay be- cause of publicity engendered by the brief escape of one of the defendants, Daniel Bre- With Charge of Filibuster wer,.from the Monmouth County jail. Publicity Scored ByJTMMcCORMICK Mr. Minogue'said that he Just before the ordinance at the last meeting. However, He said the publicity at- MARLBORO - The council would not step down. was adopted by a 4-1 vote, before the meeting Council tending Brewer's escape and meeting last bight was ad- "I see no conflict... I am with Councilman Grossman decided to table the motion to recapture .this week would journed with 10 items remain* suing Salkind as an individ- dissenting, Mayor Salkind last night's meeting. make it "practically impos- Ing en the agenda after Coun- ual ... I represent the office said, "1 promise you one The motion was tabled for sible to select an unbiased itfPrBStoentJoseph Brodnialc of the mayor...the suit is thing-for the record-that af- the second time last night. jury" and urged a post- said it becam1 e "a political between two individuals, and ter November, the zoning or- Councilman Grossman said ponement of "at least 60 tB&nster.' . I will continue to represent dinance will be changed." that rather than tabling the days." 1 ''The meeting got out of the mayor's office," he said. Next Matter motion, the mayor's veto Brewer's co-defendants arc feand.., Mayor (Morton) Sal- Mr, Grossman called for a Next on the agenda was the should be sustained. John G. Tillman, 25, of 17 Ste- Had refused to call police to resolution suspending the at- motion to table the council's Emotional Issue vens Place, New Shrewsbury, piatnbiiii order, and makes no torney, but it died for lack of stated intention to override "We should sustain the veto and Thomas Jackson, 27, of 84 effort to maintain dignity and a second. the mayor's veto of an ordi- because it is an emotional is- Tindall Road, Middletown. decorum at public meetings," The lack of a second trig- nance appropriating $77,000 sue. It spliu the- town wide Brewer, 21, <»f 1926 Green- the council president charged. gered a barrage of shouts for the condemnation of land open... over one third of all wood Ave., Neptune, is ac- Immediately after the from the audience. for a municipal-civic center. township adults signed the pe- cused of firing the fatal shots meeting was called to order, "If law and order is not Last month the council tition," he said. during an alleged "holdup at- Councilman Lawrence Gross- maintained, the police will be adopted an ordinance to con- "After 15 months in office, I tempt at the Russo home,,535 man said that some "legal, called," said Mr. Brodniak. demn 20 acres of the Trapha- see that each and every issue Prospect Ave., Asbury Park. questions" were raised in that -The first item on the gen property at the southwest before us is breaking ns wider In continuing the defense Township Attorney James R. agenda was the final adoption corner of Rt. 520 and Wyn- and wider apart," the coun- motion for a postponement, Minogue was representing the of a zoning ordinance imple- crest Road for the center. The cilman said. Judge McGann told Mr. township administration and' menting the township's mas- mayor vetoed the ordinance, "Now is the time to put a Foley: "I honestly do not the council when lie is in the , ter plan. : ; : .,.: . and the majority of council vise on the chasm and bring agree with your conclusion. I • jprocess of suing the mayor, a • Councilman Grossman said stated their intention to over- the town together," he em- ""don't think people read froht .member of the adminis- that he was disappointed that ride it. phasized. page news as much as we tration.; . amendments to ;the zoning or- This prompted.the circula- • Councilman- McLaughlin might think sometimes." • "There; is. an incongruity , dinance did not include the tion, of a petition protesting said that the veto override Time Needed fcere.-I don't think that under elimination of the office-re- the planned overrule action.