5 04-24-87 02:41 aed Layton forced into homosexual acts, attorney says By PAMELA A. MacLEA

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5 04-24-87 02:41 aed Layton forced into homosexual acts, attorney says By PAMELA A. MacLEAN SAN FRANCISCO (UPI) _ Peoples Temple gunman Larry Layton would not testify on his own behalf and opposed an insanity plea because he did not want to reveal a homosexual relationship he had with cult leader Jim Jones, an attorney said. The relationship was disclosed Thursday at a hearing to determine if Layton should get a third trial in the 1978 ambush slayings of a congressman and four others at a jungle airstrip near Jonestown, Guyana. He was convicted at his second trial of conspiracy to commit murder. Robert Bryan, Layton's new attorney, argued before a federal judge that a new trial should be granted because previous defense attorneys mishandled the case by not having Layton testify and not entering an insanity plea. But Tony Tamburello, former head of Layton's defense team, told the U.S. District Court hearing that the defendant's sexual relationship with Jones prevented him from taking either course suggested by Bryan. Layton, 41, was a disciple of Jones, whose 912 followers joined him in an orgy of mass murder and suicide shortly after the airstrip slayings of Rep. Leo Ryan, D-Calif., and four others and the wounding of U.S. diplomat Richard Dwyer in Guyana in 1978. The sexual relationship between Layton and Jones during the 1970s was the major reason Layton did not wish to testify or have his defense team offer an insanity defense, Tamburello said. "He was very afraid of revealing he had sex with Jones," Tamburello testified. "He did not want it revealed. I am sorry it is being revealed today." Layton told prosecutors earlier this week that he was forced to submit to sex with Jones, U.S. Attorney Joseph Russoniello said. A report taken from newly revealed defense notes says Layton "gave up two wives, suffered beatings, sodomy and humiliation" for the charismatic cult leader. "I think he felt he was forced" into homosexual acts, Tamburello said. "He certainly was not the instigator." Layton was convicted Dec. 1, 1986, of conspiring to murder Ryan and Dwyer, who survived his wounds. He was sentenced to life in prison. His first trial, in 1981, ended with a jury deadlocked on an 11-1 vote for acquittal. Ryan, three journalists and a cult defector died in the attack on Nov. 18, 1978, after an investigative tour of the camp. Jones and 912 followers drank a cyanide-laced soft drink and died later the same day in a mass murder-suicide. Russoniello said new information that surfaced in the current hearing confirmed government suspicions that Layton not only participated in the conspiracy to kill Ryan, but that he may have instigated the attack. Although the information, included in taped conversations between Layton and a defense psychiatrist in 1979, could not be used if a new trial is granted, it could be considered by a parole board if Layton must serve his prison term, Russoniello said. Newly revealed documents include defense strategy reports, psychiatric data and notes to the government being used by the new attorney in his effort to prove that Layton's defense was mishandled. Included in the disclosures was a 1979 psychiatric report by Dr. Hardet Sukhedeo, in which Layton said he asked Jones to allow him to blow up the plane expected to take Ryan out of Jonestown.

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