The daily collegian. (University Park, Pa.) 1940-current, April 29, 1976, Image 1

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    Narc performs his
Editor’s note: These articles are part of
a study on drugs: v
By PHIL STOREY
Collegian Staff Writer
Thomas Gray, an agent for the state
‘Bureau of Drug Control, did a good job.
: * Through his diligence in a case last
October, four people were arrested and
100 pounds of marijuana was confiscated
in a State College drug bust.
Randy Kinkead, one of the people
arrested, was given a jury : trial early
this' month, a nd'found guilty on ,two
counts of selling marijuana.
‘•Kinkead’s' trial was an interesting
one.
.'Two of the other people arrested,
Frank Moleski and Rick . Marone,
testified against Kinkead. (Moleski has
already pleaded guilty to selling
“speed” and Marone’s trial comes up in
July, 1977.)
Gray set up the deal through Gary
Scarpello, who pleaded guilty to charges
of selling marijuana. Scarpello got in
contact-with Marone who in turn talked
to Moleski. " .
Moleski called Kinkead who obtained
the pot within three hours. The transac
tion -7 $12,000 in marked money for four
Pot
arrests continue
to get
By CHRIS SIMEONI
Collegian Staff Writer
In 1975 alone, 500,000 people were
arrested for possession and sale of
. marijuana in the United States. ,
Of these half a million people, 330,000
are under 25 years of age.-.
' And' 217,800 of these 330,000 were
arrested for. possession of less than an
ounce of marijuana. '
Alan Ellis is a State College attorney
who specializes in defending people
arrested on drug charges 80 per cent
of his work load is made up of drug
defenses.
Ellis said University Police Services
go after the drug user and still arrest
people for possession of “roaches,”. A
roach could be compared to a cigarette
butt without the filter removed.
The, State College police, in com
parison', are more interested in the
dealer, he s'aid. •
Ellis said he is not “laying any blame”
with'the police departments, but said the
state laws have to be changed.
When people are arrested in State
College .for dealing in marijuana, it is
usually done by the state Bureau of Drug
Control. Ellis said the bureau offers the
alleged dealer an opportunity to
cooperate. If the person decides to do so,
me will recommend leniency to
the district attorney, who will then
recommend leniency to the court, Ellis
said.
Ellis said this procedure is quite legal,
and is a “typical law enforcement tool.”
Ellis said the conviction rate' for
people charged with dealing drugs is 90
per cent.
Heinz, Green to meet in Nov.
By The Associated Press ■
Pittsburgh pickle and ketchup heir H.
John Heinz 111 overcame his opponents’
characterizations of him as a millionaire
politician on,the take from Gulf Oil to
win the Republican nomination to the
U.S. Senate.
Heinz, 37, won the nomination to Sen.
Hugh Scott’s seat in a neck-and neck
race with former, Philadelphia Dist.
Atty. Arlen Specter.
With 99 per cent of the votes counted,
Heinz had 359,655 votes, or 38 per cent, to
Specter’s 330,091, or 35 percent.
George Packard, a former editor of
the Philadelphia Bulletin, finished third
with 161,142 votes, or 17 percent. The
other three candidates, C. Homer
Brown, Francis Worley and Mary Foltz,
were far behind.
Heinz, who spent $500,000 of his own
money in the primary, said he expects
“a very hard-hitting campaign” with
William-J. Green of Philadelphia, his
Democratic opponent in November.
Johnson, Ammerman
Albert Williams
Tuesday’s primary election saw
Albert W. Johnson, the incumbent
Congressman from the 23rd
Congressional District, withstanding a
fairly strong challenge from opponent
Charles Seeger.-
In the 11-county district Johnson beat
Seeger by about 5,000 votes. Seeger,
however, defeated Johnson in Centre
burlap bagsiull of pot took place in a
shack behind Kinkead’s Prospect Street
residence. >
Gray and another agent, with help
from the State College police, later
raided Kinkead’s place and got the >
money in the shack plus two more
- pounds of pot in Kinkead’s room. *
During the trial, Alan Ellis, attorney
for Kinkead, made,at least nine ob
jections - throughout the testimony of
Moleski,, Marone and Gray. All'but one
objection ,was denied by Judge R. Paul'
Campbell/'
Ellis’s'main objection of the morning
was , that the officers who raided the
, premises produced neither search nor
arrest warrants at the time. Ellis added
that officers .went into the house
although the transaction took place in
the shack. •
, Campbell recessed the trial for lunch
after Gray’s testimony and Ellis threw
out his most controversial defense to a
jury in the afternoon session of court.
Larry Riegle, a criminologist for the
state police, tested the pot Kinkead sold
to see if .it held any THC (tetra hydra
canibidal the ingredient in pot that
produces a high).
4
many
Narcotics agents “take advantage of
the dynamics of tha subculture” to
arrest people for dealing, Ellis said.
“They know kids are acting out of
friendship” when they try to obtain
marijuana for someone, Ellis said.
“Undercovers prey on friendship,” he
added.
One source said on the day he was
arrested by the Bureau of Drug Control
in State College, they asked him to
become a narcotics officer, and said
they would “pay and protect” him.
, The source said he was “set up” by a
friend who had recently been 1 arrested
for dealing. The friend was released
from jail two days after his arrest and
has been out of jail “ever since.” “I’m
sure ihere was,a deal” between the
bureau and the informant, he said.
He said he was arrested on two counts
of delivery of three pounds of marijuana.
He said he wasn’t dealing, but “doing it
as a favor’ ’ for the informant.
. The source said he received two to 24
months in prison, of which he served two
months. He is On probation for the rest of
the sentence. He must pay a $lOOO fine
and $475 in court costs and must also
reimburse the state for money used to
- buy the marijuana he sold to the.nar
cotics agent. . ,S-‘- :
-The source said he-was given “state
time,” which means his conviction will
remain permanently on his record. He
, said if he had been sentenced to between
' one and 23 months, it would be con
sidered county time and his sentence
would be taken off his record.
Tomorrow: a study of drug parapher
nalia
Key factors in his narrow margin of
victory, Heinz said, were the controlled
vote in southeastern Pennsylvania and
the fact that Packard and other can
didates took votes away from him.
Specter declined to concede the
election late in the morning even though
99 per cent of the vote had been counted.
He said he was receiving conflicting
reports on the vote count and would
wait until later,to make a statement.
Specter, who lost a bid for re-election
as Philadelphia district attoir°v in 1973
and a mayoral election in 1967, coined
to speculate on his future plans.
The former district attorney would not
comment on other factors in the cam
paign, including his persistent ac
cusations that Heinz was trying to buy
the election and that Heinz had knowing
ly accepted illegal cash from Gulf Oil.
“There’s a difference between calling
attention to a fact before an election and
complaining about something after the
fact,” Specter said.
County, picking up just less than 5,300
votes to Johnson’s 4,950.
George Leshock was far behind with
about 2,400 votes in the 23rd District.
In the Democratic race for the 23rd
Congressional District, state Senator
Joseph Ammerman made a strong
showing, trouncing his opponent, Peter
Atigan by about 15,500 votes. '
In Centre County, Ammerman had
8 J7B votes to Atigan’s 1,707.
Ammerman now faces Johnson who is
completing his seventh term, in
November’s election. He is expected to
give Johnson his toughest fight in years.
Helen Wise, a teacher and a member
of the University’s Board of Trustees,
handily won her race against Henry
Guttenplan for the Democratic
nomination for the 77th Legislative
District.
Wise lost only one of , the 37 precincts in
the district, pulling a total vote of 3,671.’
Guttenplan trailed with 2,286 votes.
Wise will face the Republican winner,
Albert Williams, in the November
contest for the state General Assembly.
Williams, an insurance salesman and
long active in. the Centre County
Republican party, narrowly defeated
businessman Robert Hines, 3,106 votes
'tokers'
job; dealer
Vol. 76, No. 182 12p*ga>
Garter
PHILADELPHIA (AP) Jimmy
Carter, twice a landslide winner in
Pennsylvania, said yesterday it is
unlikely he can be stopped short of the
Democratic presidential nomination
but. Sen. Hubert • H. Humphrey was
preparing to try. ,
The Pennsylvania verdict, with Carter
a big winner in both sides _ of a
, presidential primary that measured
popularity and also picked delegates,
left the former Georgia governor with no
real challengers among the candidates
he has faced in nine primaries.
But Humphrey, in Washington,
.. signaled a likely, gorahead for supporters
'who want to set 1 lip what they eall an
exploratory committee .to assess'his
prospects for presidential nomination.
That is no more than the cover for a
. campaign committee that will seek to
keep Humphrey’s prospects alive for
active candidacy after the primary
voting ends on June 8.
Humphrey said he,wasn’t part of any
Packard, who walked across the state
telling people he was the only non
politician in the race, carried two large
counties, Erie and York, and several
smaller ones in central and western
Pennsylvania. He called his showing in
the primary a moral,victory.
The Democratic v race was a mild
campaign in contrast to the GOP
scramble.
Green claimed the nomination just two
hours after the polls closed Tuesday
night.
Green soundly defeated Reibman in
all but a few of the state’s 67 counties.
With 99 per cent of the vote tallied,
Green had 746,162 votes, or 68 per cent,
'to Reibman’s 344,747, or 32 per cent.
It was. only th i second defeat in 20
years of politics for Reibman, a state
. senator. The first time she lost was in the
Eisenhower sweep of 1956.
Fewer than half of Pennsylvania’s 2.8
million registered .voters turned out for
the primary.
to 2,724.
In an extremely close race, won by
less than 300 votes, attorney Virginia
Eisenstein defeated incumbent Marie
Garner for the Centre County position on
the Democratic State Committee.
Eisenstein had 5,218 votes to Gamer’s
4,933, according to unofficial totals from
Helen Wise
sees no opponents
stop-Carter movement, but politicians
always talk that way. In fact, if Carter
isn’t stopped, Humphrey can’t get
started.
And at this point, the Minnesota
senator is the stop-Carter movement. He
noted that two-thirds of the Democratic
delegates have yet to be chosen, and that
two new candidates have not been tested
against Carter in the primaries.
Gov. ’Edmund G. Brown Jr. of
California launched his national cam
paign yesterday in Maryland, where he
will be running in the May 18 primary.
, Sen. Frank Church of Idaho faced his
, first primary test May 11 in Nebraska.
,In the meantime, -Carter : is running
Saturday’in Texas, which will select 130
delegates, and next Tueisday in Indiana,
Georgia, Alabama and the District of
PennPIRG proposal refused
University. President John W. Oswald
has refused to recommend to the
University Board of Trustees con
sideration of a new compromise funding
mechanism for a Pennsylvania Public
Interest Research Group, a University
administrator told Students for Penn
PIRG recently.
Vice President for Student Affairs )
Raymond 0. Murphy also told the
student group Oswald will not take a
stand for or against their new funding
system.
PIRG spokesman Mike Tingue called
their compromise funding proposal a
“refusable-refundable” funding
mechanism. He said with this proposal
students will have two opportunities to
decide whether or not to pay $2 toward
financial support of PennPIRG.
He said the student tuition bill would
clearly itemize in a different color ink
the inclusion of $2 for PIRG funding
within the total amount of tuition a
student must pay. If a student desires
not to pay $2 for PIRG, he simply crosses
out the line PennPIRG: $2 and
subtracts $2 from his indicated bill. The
.•> „ I - ' , , '
Albert W. Johnson
the county’s 78 precincts. Eisenstein won
39 precincts, Garner took 36 and three
were evenly divided.
Former State Representative Eugene
Fulmer easily won the Centre County
Republican party chairmanship. Fulmer
had 4,705 votes, 1,500 more than his
closest opponent, Loretta Willits.
Fulmer was running as part of a
“Republican Action Team.” Two other
team members, J. Doyle Gorman and
By JEFF HAWKES
Collegian Staff Writer
winners in primary
W 202 PATTEE
may face jail term
Riegle testified that he performed
three tests on the pot, which proved
conclusively it contained THC.
But Ellis claimed the tests weren’t
valid because the same conclusions
could be drawn if the same tests were
used on several other species of plants.
Ellis also objected to Riegle’s
testimony because Riegle wasn’t a
trained taxonomist (plant expert).
Ellis’ objections were again ruled out
by the judge.
Mary Willarc/, a former University
chemistry professor who has done
consulting work on drug, identification
for the courts since the 1930’5, testified
on the tests she ran on the two pounds of
pot found in Kinkead’s room.
Kinkead had a third count against him
for the two pounds possession with
intent to deliver. The jury found him not
guilty on that charge.)
Willard testified ‘ from. the
taxonomist’s point of view and even
brought for the jury’s inspection some
samples of pot that she grew.
“I’m very fond of my marijuana,” she
said as it was being examined.
“A lot of us are fond of marijuana,”
Columbia. They have 177 delegates
among them.
That run-everywhere strategy is
serving Carter well, particularly off his
surprising margins in Pennsylvania.
That showing is the best advertising
available to impress Texas voters, and
the Louisiana Democrats who also will
be selecting delegates Saturday.
Furthermore, Carter’s Pennsylvania
win was the undoing of Sen. Henry
Jackson of Washington, who has been his
major rival. It left Rep. Morris Udall of
Arizona about where he was - winless,
in debt, and struggling to keep a cam
paigngoing. , :
' ‘Jackson said-he'-.will - change -his
campaign style, spend more time
talking directly to voters on the issues,
and continue his campaign. Udall said
student then pays the new, lower sum.
For example, if a student tuition bill is
$402 and he desires not to contribute $2
for Penn PIRG, he crosses out the
itemized line for PIRG funding and pays
$4OO.
Also under the new proposal, a student
can obtain a $2 refund up to five weeks
after paying the tuition bill which in- 1
eludes the Penn PIRG charge.
Printed on the tuition bill would be a
concise explanation of what Penn PIRG
is, Tingue said. And included with the
bill would be a separate information
card. The information card would ex
plain in further detail what PennPIRG
is, what the money is used for, and how
the “refusable-refundable” funding
mechanisms work for Students for Penn
PIRG’s new funding proposal resulted
after three meetings with Murphy,
Tingue said. Tingue said Murphy was
very helpful. in offering suggestions.
“Murphy is in favor of a PIRG and said
our new proposal answers all questions
he had about PIRG funding,” Tingue
said.
Murphy informed Oswald of the new
PIRG proposal and of a study of the
Minnesota PIRG conducted by the office
Bonnis McCormack, also won their
races for Republican committeeman
and committeewoman, defeating Arnold
Addison and Lula Witherow. Robert
Hines, running for the state legislature
from the 77th district, was the only
“Republican Action Team”member to
lose.
In the delegate race, Jimmy Carter
delegates followed the success of their
candidate, winning with comfortable
margins. Robert O’Connor and A.
Frederick Fellmuth, both pledged to
Carter, came in first and sceond in the
Democratic delegate race from the five
county 34th Senatorial District.
Allen Patterson, who was committed
to Morris Udall,-won the delegate race in
Centre County, but finished third in the
district.
Winners for the three 23rd
•Congressional District delegate seats to
the Republican convention were Liila
Witherow, Charles Dodd and Robert
Hall.
Democratic presidential candidate
Morris K. Udali won the popular vote in
Centre County with a tally of 3,815.
Former Georgia Gov. Jimmy Carter
came in second with 3,677 votes and
Henry Jackson followed with l ,211 votes.
In the U.S. Senate race, democratic
UnlvaraHy Park, PannayWanla
Published by Students o! Tha Pannaylwmla Stilt UnhraraUy
Tan cantt par copy
3 COPIES
Ellis quipped almost inaudibly.
Ellis tried to get her testimony thrown
out because she recently misidentified
caffeine tablets as amphetamines in
another case, but the judge overruled.
The afternoon wore on and the trail
was coming to a close.
Ellis made his final address to the
jury, urging them to disregard the testi
mony of Moleski and Marone.
“This is testimony from people who
are trying to save their own skin,” Ellis
said.
Centre County District Attorney
Charles Brown addressed the jury for
the prosecution, calling attention to the
facts that the jury had seen the pot (it
was brought into court in a plastic
garbage bag), mimeographed picture of
the marked money and a parade of
credible witnesses.
The jury took 20 minutes to name
Kinkead guilty. The trial ran an eight
hour course.
Ellis is calling for a new trial, citing in
a petition eight points he thinks the court
erred on.
Agent Gray has since moved on to
another assignment in another part of
the state.
he, too, will keep running.
Campaign money is likely to become
an increasingly serious problem for both
of them. It already has forced Jackson to
cut back his campaign advertising, and ,
Udall to take out loans.
With Pennsylvania’s vote count
nearing completion, these were the
numbers on the presidential preference
Carter 501,653 or 37 per cent.
Jackson 335,565 or 25 per cent.
Udall 590 or 19 per cent.
Alabama Gov. George C. Wallace
155,248 or 11 per cent.
Anti-abortion candidate Ellen
McCormack 39,308 or 3 per cent.
GovrMilton Shapp 36,000 or 3 per cent. -
Sen. Birch Bayh of Indiana 16,910 or 1
percent.
Fred Harris 13,829 or 1 per cent.
for student affairs at the University of
Minnesota. The study revealed at least
75 per cent of the Minnesota student
body understanding what MPIRG is and
how its funding works.
MPIRG functions on a “refusable
refundable” system, Tingue said.
According to Tingue, the MPIRG
study occured three years after
MPIRG’s establishment. Tingue said the
information on MPIRG should
“alleviate Dr. Oswald’s fears that our
funding proposal will take advantage of
the students.”
Neveretheless, the chances of
establishing a PIRG at Penn State “are
greatly diminished by Dr. Oswald’s
refusal to recommend our new proposal
to the Trustees, ” Tingue said.
Weather
With those sunny skies today and to
morrow temperatures should once again
reach springlike levels. Mostly sunny
skies around town and temperatures
today should reach 64 after a chilly morn
ing. Clear and not as cold tonight. Low
39. Partly sunny skies tomorrow and a
bit milder. High 67.
Joseph Ammerman
candidate William Green won in Centre
County with 3,651 votes. His opponent
Jeanette Reibman had 3,076 votes.