APca 06/08 2259 Layton By BOB EGELKO Associated Press Writer SAN FRANCISCO (AP) -- A fed

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APca 06/08 2259 Layton By BOB EGELKO Associated Press Writer SAN FRANCISCO (AP) -- A federal prosecutor, citing a judge's finding that Larry Layton made "several untruthful statements" during a hearing, has asked that the former Peoples Temple member's $250,000 bail be revoked. U.S. Attorney Joseph Russoniello made his request Monday before Chief U.S. District Judge Robert Peckham. Russoniello said federal law requires revocation of bail if a judge finds probable cause to believe the defendant has committed a crime while on bail. He also contended that new evidence in the hearing made it likely that Layton would serve a longer sentence, thus increasing the chances that he would harm someone or flee. Layton's lawyer, Robert Bryan, said Layton had suffered some self-acknowledged memory lapses but had not committed perjury during the hearing. He also said no one could sincerely argue that Layton posed a risk of flight or harm to others. "Of all the clients I've ever represented, I don't think I've ever had a gentler client than Larry Layton," Bryan told reporters. "I just think it's unfortunate that Mr. Russoniello continues to have such a personal vindictive attitude towards Larry." Peckham has scheduled a hearing for next Monday. Layton, 41, was convicted Dec. 1 of conspiracy and aiding and abetting in the November 1978 murder of Rep. Leo Ryan, D-Calif., and the attempted murder of U.S. diplomat Richard Dwyer on an airstrip in Guyana. Hours after Ryan and four other people were shot to death by gunman from Peoples Temple, the Rev. Jim Jones and 912 followers died in a murder-suicide ritual at the nearby agricultural settlement called Jonestown. Peckham sentenced Layton to life in prison, as required by law, but made him eligible for parole in five years, half the usual period, with another year off for the time he has already spent in jail. The judge said Layton, a low-ranking follower of Jones who wounded two Peoples Temple defectors, was not a major actor in the conspiracy to kill Ryan. Layton, whose first trial on the same charges had ended in a hung jury in 1981, was free on bail until his conviction. He was then jailed, but was released again in March on $250,000 bail during his appeal; Peckham noted his previous trouble-free record on release and said he had not been shown to be dangerous. Layton, who did not testify at either trial, testified during the hearing that he had not known the sentence he faced and would have insisted on taking the stand had he known about the life term. The judge said Layton had made "several untruthful statements" about his conversations with defense aides that "seriously undermined his credibility as a witness." He also said Layton "had ample incentive to distort the truth." He did not say explicitly that Layton had knowingly lied on the stand. Last page !

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