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, Fiv-350 (Rev. 7-16-63) (Mount Clipping in Space Beiow) attisti’s ruling vital) -in Kent State case Bi [. | : : eee os Ce: ee By JIM DUDAS The most crucial decisio the case against eig en accused of the 197 Kent State University shootings may be made be- fore their trial even begins on Monday. , Chief Judge Frank J. Bat- tisti must decide whether statements made by the de- efendants after the shooting ‘should be allowed as evidence. _ He has already ruled that written statements they made immediately after the shootings ‘were inadmiss- able because the men were not advised of their consti- _tutional rights. They were ordered to make those ‘statements by their superi- or officers. The statemenis row in question are those the na- tional guardsmen made to FBI agents and members of the Ohio Aighway patrol days after the incident that Heft four dead and 13 wounded, Justice Department law; TS, through a parade 0 I ‘agents and highway Pd Imen to the witnes "stand, are attempting to show Battisti that the men ere advised of their right nd understood ‘the cons uences of thei tements. It is generally believ that if Battisti does npt allow fhe statements as eyi- nce the case against the men will be drastically diluted. ’ Yesterday Robert Mur- phy, Justice Department lawyer,- brought five mem-. hers of the FBI and four members of the highway’ patrol to the stand. Each of them testified that they as- sured the guardsmen of their rights befcre ques tioning them. However, not all the guardsmen signed cards stating that they under- stood their rights, _ Those rights include hav-. ing a lawyer present during questioning ahd ipfusing ' to. answer estions. : There have: been charg by defense lawyers th FBI agents told guardsmen their statements “wee not leave the room.’ Lawyer C.D. Lambros charged indirectly that FBI Agent Robert L. Burton a eetinewal quaned cqanar. tald & TiatiGfidi Guara gener al that he (Burten was ashamed of what the FBI ras doing and that it was ul to get the guresn n d not the rioters.” {Indicate page, name of néewSpaper, city and state.) Pg. Fe7 Tho Cleveland Press Cleveland, Ohio pate: 10-17-74 Edition: nat Edition?) nai Author: Jim Thidas Editor: Thomas Boardman THe Kenfour Character: o Civil Rights Classification: Submitting Office: Cl leve lan oO Being Investigated