3 04-23-87 05:05 ped Layton seeks third murder-conspiracy trial By PAMELA A. MacLEA

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3 04-23-87 05:05 ped Layton seeks third murder-conspiracy trial By PAMELA A. MacLEAN SAN FRANCISCO (UPI) _ Former Attorney General Ramsey Clark said Thursday former Peoples Temple gunman Larry Layton was denied a fair trial in the 1978 conspiracy killing of Rep. Leo Ryan. The defense team would have to "go all the way" and provide as aggressive a defense as possible if they had known the penalty was a mandatory life sentence, Clark testified in U.S. District Court. Failure of the defense to realize that one of four charges against Layton carried a mandatory life term constituted ineffective assistance of counsel, Clark told U.S. District Judge Robert Peckham. Layton, 41, is seeking a third murder-conspiracy trial, contending the defense in his trial was flawed. Clark said the defense had an absolute duty to put on the insanity defense unless it believed the government had such a weak case. The failure to put on the insanity defense would constitute ineffective legal representation, he said. Layton, 41, was convicted Dec. 1 in his second trial of conspiring to murder Rep. Leo Ryan, D-Calif., and U.S. diplomat Richard Dwyer in an ambush at a Guyana jungle airstrip near the Peoples Temple compound in Jonestown. His first trial, in 1981, ended with a jury deadlocked on an 11-1 vote for acquittal on the conspiracy charge. Dwyer survived, but Ryan, three journalists and a cult defector died in the attack on Nov. 18, 1978, after an investigative tour of the camp. Cult leader Jim Jones and 912 followers died that same day in a mass murder-suicide after drinking a cyanide-laced soft drink. New revelations during the hearing have confirmed government suspicians that Layton not only participated in the conspiracy to kill Ryan, but that he may have instigated the attack, according to U.S. Attorney Joseph Russoniello. The damning disclosures this week could come back to haunt Layton. Although the information released 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 the federal parole board if he loses and must serve his prison term, Russoniello said. Robert Bryan, Layton's new defense lawyer, has been required to turn over all previously secret defense strategy reports, psychiatric data and notes to the government in pursuing his claim that the defense failed to adequately represent Layton. 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. "We learned what we had suspected, that he operated of his own free will and not just as a participant, but as an instigator," Russoniello said prior to the start of Thursday's session. Layton purportedly told Sukhedeo he feared temple defectors would destroy the church if they left with Ryan. He offered to use dynamite to stop the plane and when Jones refused, he offered to use a gun. s That was at first refused, but later a woman who died at Jonestown told Layton he could go ahead with his attack, according to the tape recordings of the Sukhedeo-Layton conversations. "I am at a loss to explain why the defense opened this," Russoniello said. Russoniello said the government never knew what was said by Layton to Sukhedeo. The government also learned in testimony by Layton's former lawyer, Tony Tamburello, that Layton lied to psychiatrists when he said he was taking drugs, tranquilizers on the day of the killings. Layton was sentenced to life in prison, but was made eligible for parole in four years. Some legal experts have suggested there is little liklihood a parole board would release Layton in less than 10 years _ the minimum usual time in federal murder cases. "All of this is public. It can be considered (by the parole board). It raises serious questions about the adequacy of the counsel he has now got," Russoniello said. Tamburello testified that Layton's role in the conspiracy and what he called the "minefield" faced by the defense if Layton testified, convinced him and other members of the defense team not to put their client on the stand.

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