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FT-359 (Hew, 7-16-63} oe “ The most crucial decisi n’ the case against eight en accused of the 19 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- fendants after the shooting ‘Should be allowed as “evidence. He has already ruled that. written statements they made immediately after the shootings were inadmiss- fa because the men wer ot advised of their consti utional rights. They wer. rdered to make thosd or officers. ‘The statements now in question are those the na- tional guardsmen made to FBI agents and members of the ‘Ohio Highway patrol days after the incident that left four dead and 13 a oe Wwounued, Justice Department lay- rs, ‘through & parade f I agents and highway p4- tfolmen to the witne stand, are attempting to show Battisti that the men ere advised of their righ nd understood the cons uences of: thei Matements. . wh Statements by their superi-. It is generally believe hat if Battisti does n ilow the statements as ev ence the case against t ‘men will be drasticaily diluted. Yesterday Robert Mur- phy,. Justice Department lawyer, brought five mem- bers 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 before 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 questigqning an qd fusing to a&nswe uestions. There have been charge by defense lawyers tha FBI agents told guardsmen their statements “would aot leave the room.” Lawyer C.D. Lambros charged indirectly that FBI Agent Robert L. Burton told a national guard gener-. that he (Burtoni was ashamed of what the FB yas doing and that it wa t to get the guardsme and not the rioters. " (Indicate page, name of newspapers city and state.) Pe. F-7 The Cleveland Press Cleveland, Ohio pote: 10-17-74 Edition: Fj nal Author: Ji Tridas Editor Thomas Boardman Title: Kenfour Character: o Civil Rights Classification: Submitting Office: cl eveland (L] Being Investigated cv 44-703 ee rege or