The Summer Chronicle Duke University Volume 7, Number 3 Thursday, May 26,1977 Durham, North Carolina Wilmington 10 plea for new trial denied By Barry Bryant The most recent setback in the legal battle sur­ Six years after a fire destroyed Mike's Grocery in rounding the group, popularly known as the Wilm­ Wilmington, North Carolina, the 10 persons ington 10, came last Friday when Judge George M. charged with conspiracy in connection with that Fountain Jr. refused to overturn their prior convic­ fire are still facing long sentences, in spite of the tion. "I did what I though was appropriate. I think questionable circumstances surrounding their that everyone in the courtroom was adequately trial. heard," he said after the trial. Ben Chavis, a black minister, Anne Shepard, a Fountain did not rule on their guilt or innocence, but held that their constitutional rights had not A news analysis been denied during their trial. His decision climaxed two weeks of testimony mmmmm white VISTA worker, and eight black high school during which the three central prosecution wit­ Governor'Hunt said at a recent "peoples news students were sentenced to a total of 282 years for nesses recanted their original testimony. conference" that he will consider the case of the conspiracy to commit arson in connection with the Wilmington 10 when all appeals are concluded. Jerome Mitchell, 22, said that he had read from a (Photo by Mary Rader) fire. prepared statement given to him by the prosecu­ tion during the trial five years ago. He claimed he was coached and badgered by the chief prosecutor, Andrews will chair committee James T. Stroud. Mitchell insisted that Stroud had promised him help with an unrelated 30 year prison term. to examine migrant problem Stroud denied the charges. By Ginger Sasser North Carolina, Clausy replied he terests are diametrically opposed Smoking dope The plight of the migrant had not. to those of the migrant workers, Next to take the stand was Allen R. Hall. The worker is one of the problems Ike Talked about Payne are the ones who have the bulky man told a colorful tale of fishing, drinking Andrews, representative for the Clausy said the subcommittee is political power, and "smoking dope" at a beach cottage provided by fourth district of North Carolina, aware of Payne's effort and has Payne said he felt that even if the prosecution. He claimed that the prosecution will be examining as chairman of looked at his project. "One of our anv positive legislation were brought his girlfried and her mother to the beach- the Economic Opportunity Sub- staff talked to someone about passed, getting adequate enforce- house. Stroud admitted bringing the girl, because committee of the Education and Payne's work last wee," said ment wold be a problem. his witness was becoming distracted by thinking Labor Committee. Clausy. about her. He denied that there was any alcohol or Bill Clausy, one of Andrews' Payne said he "doesn't know Joan Papert Preiss, a Durham marijuana on the premises. aides, said the subcommittee, what the subcommittee is doing" woman involved with the The last witness to recant his testimony, Eric established in April, "hasn't had a but that he "hopes to be in touch" Triangle Friends of the United Junious, said that the possibility of receiving a chance to take a serious look at with Andrews sometime in the Farm Workers, said she felt there minibike from Stroud influenced his testimony. the migrant problem." near future. According to Payne would be some changes made by They never said I'd get the minibike if I testified, According to Clausy, however, he's "trying not to get involved the subcommittee. According to but I had a feeling I wasn't going to get it if I the subcomiittee is in the process right now" because of his involve- Preiss there has been "positive didn't." of finalizing an amendment to the ment in other work. response to the proposals we've Junious received the minibike after the trial. Economic Opportunity Act of 1964 "As soon as any legislation is put forth." Stroud claimed that it was an afterthought and de­ which will "anticipate creating an proposed I'll probably have Andrews is the first represen- nied mentioning it during the trial. office of migrant programs." something to say about it," said tative from the fourth district to The greatest controversy centered around Hall, Clausy also said the subcommit- Payne. head a committee or subcommit­ however, who called the former prosecuting at­ tee is discussing the creation of a 'Tm cautiously optimistic about tee in the House of Represen- torney twice after testifying and said that his re­ National Agricultural Labor the subcommittee," he elaborated, tatives since World war II. cantation had been a lie. The first occasion was on Relations Board. "The problem of migrant workers In addition to dealing with the Thursday, the day after his testimony. When asked if Andrews has had is very serious, and while the sub- migrant worker problem, his sub- Tapes any contact with Bruce Payne, a committee presents an opportuni- committee is also examining pro- He called Stroud two days later on Saturday, and lecturer in the public policy de- ty to help the migrants, migrants blems of juvenile delinquincy and Stroud tape recorded the conversation without partment at Duke and co-author as a group have no political power, the domestic operation of AC- Hall's knowledge. Til go back to court, I'll take it of a project on migrant workers in "jhe big growers, whose in- ™N- back," Hall said in a halting, barely audible voice. "Was the testimony at the original trial and in the interview I had with you true?" Stroud asked. "Yes, House I vandalized it was," Hall replied. When told that he was being taped at te end, Hall replied, "Oh, no!" By Linda Keslar The second floor of House I, the Sigma Phi Epsilon section, was Three days later the defense came up with a tape broken into by vandals sometime between 5 p.m. May 23 and 8 of their own. "I swear to Allah. it (the origianl a.m. May 24, according to Public Safety. Public Safety has not testimony which he had recanted) was not ture," been able to determine what was removed, or any real motive for Hall said. the crime because no University property was stolen, and no stu­ The other major piece of evidence that was in­ dent property was supposed to be on the premises. troduced was the testimony of a New Jersey jail Entry into House I was gained through a ripped screen on the chaplain and his wife, who said that Chavis was second floor. The only other evidence of any disturbance was that all the lights were turned on and a telephone on the third floor watching television with them in 1971 when he was ripped from the wall. was allegedly participating in the fire bombing of From House I, the vandals gained entrance into House G, and Mike's Grocery. Donna Templeton testified that damaged an oak door in an apparent attempt to break into room she was "keeping an eye" on Chavis that night, and 501, an attic storeroom. This storage area is supposed to be empty. that he was not at the scene of the grocery. Unless students stored items illegally there for the summer, it is The Templeton's were supposed to testify at the possible that nothing was taken. For this reason, Mike Pyle of original trial in 1971. They said on the CBS news Public Safety stated that the case is being handled as a vandalism While students were away, so­ show 60 Minutes that they feared they would be rather than a theft The damage to the broken screen, oak door prosecuted as part of the conspiracy if they re­ and telephone amounted to $235. The ripped screen was reported meone broke into the Sig Ep section. (Photo by Jay An­ turned to testify. They said that also feared for to Public Safety by Buster Miller, a student on the painting crew derson) ^for student labor pool which has been working in the building. their physical safety. (Continued on page 11) Page Two The Summer Chronicle Thursday; May 26,1977 Neat 2-bedroom cottage SPECTRUM CLASSIFIEDS near county hospital. Cen­ TRI ANGLE AREA LESB AN GENERAL FEMINISTS, will be held Sat June 4. 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