Decision Delayed on Shinn, Bugliosi Motion
Saturday, August 17th, 1974
LOS ANGELES, Aug. 17 – A move to dismiss perjury charges against attorneys Vincent T. Bugliosi and Daye Shinn was postponed Friday until Aug. 27, by Superior Judge Earl C. Broady, who said he needed more time to read briefs.
Broady told special prosecutor Theodore P. Shield, Bugliosi and Shinn’s lawyers, Harland Braun and Robert Kirste, that a trial date would be discussed at that time.
Braun and Kirste are seeking dismissal of the charges on grounds the 1973-74 Los Angeles County Grand Jury did not have sufficient evidence for its indictments. Both Bugliosi and Shinn have pleaded not guilty.
Bugliosi, chief prosecutor in the 1970 Charles Manson murder trial, and Shinn, a defense attorney, were charged with lying under oath twice before Superior Judge Charles H. Older and once before the grand jury about whether they gave newsman William Farr information despite a court gag order.
Farr has testified he obtained transcripts of a Manson trial witness’ statement from two of the six trial attorneys. He consistently has refused to identify the lawyers, claiming a newsman’s privilege to keep secret his sources.
The reporter was held in contempt by Older and sentenced to remain in jail until he divulged the names. He served 46 days before he was freed in early 1973 by U.S. Supreme Court Justice William O. Douglas pending federal appeals.
Superior Judge William H. Levit last June 20 ruled that putting Farr back in jail would not coerce him to talk but would merely serve as punishment and must by law be a limited sentence.
Older on July 29 issued the maximum penalty permitted — five days in jail and a $500 fine — which will not be served until after the 9th Circuit Court of Appeals issues its pending decision on a writ of habeas corpus.
That federal writ is based on grounds that the First Amendment gives reporters the right to protect sources’ identities and that Older failed to give Farr a fair hearing on the contempt matter three years ago.
Comments