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ABSCAM — Part 8
Page 54
54 / 57
By ROBERT COHEN
Star-Ledger Washington Bureau
Abscam guilt of
conduct in the Kelly
case was “constitutional impermissi-
ble” and was “nothing ort of outra-
the government!
WASHINGTON — A federal judge, ” a by
call Se HBTs Abscam potical ear: Serge cause of he pu ie st
Tuption investigation “repugnant” and corry t overture was rejected.
“outrageous,” yesterday threw out the
e judge said he found the entire
bribery and conspirac} conviction of for- abscam technique of testing the virtue of
mer Rep. Richard Kelly of Florida.
liticans to be personally repugnant.”
‘The decision, which could be used to PP such procedures are to be use
bolster the legal appeals of former New ever, Bryant sai
of
dersey,Sen. Harrison. A. Willams Jr.and... the
| they must not exceed
other convicted Abscai 7
the FBI operatives violated Kelly's /G sr Rasa aeapsot hm
rights by repeatedly trying to crrupl/” stuffing $25,000 in cash into his pockets
him after he initially turned down a bri
offer. : deal.”
“Jf after an illegal offer is made, the 7
ernment cannot press on,” said U.S.
trict Court Judge William Bryant.
Bryant, in his 25-page opinion, said
bribe. Bryant acknowledged this defense
was “bizarre” and “nearly farcical,” but
he said the conviction cannot stand and
the indictment must be dismissed. be- :
cause of the “offensive” actions by the *.
undercover agents.
‘The judge, in addition, ordered anew
trial for Kelly's co-defendants, Eugene
Robert Ciuzio and Stanley Weisz.
Defense attorneys. in.the Abscam --
cases yesterday hailed the ruling, and
suggested it will assist them in convinc-
ing other judges that the FBI violated the..
rights of the defendants.
George Koelzer, the attorne) for
Williams, said the decision “reinforces
our belief that we have always held, that
ultimately Sen. Williams will be
vindicated.”
Justice Department spokesman Tom
Stewart said there is a “strong presump-
tion” the government will appeal
Bryant's ruling. -
Besides Kelly and Williams, five
other members of Congress, including
former New Jersey Rep. Frank Thomp-
son, were convicted in e Abscam prot
Former Camden Mayor Angelo Er
chetti and a number of other pubiic offt
cials also were convicted as a result of
the investigation. All are appealing their
loverturned by judge ~
(Continued from Page One) = .
=” eenment had been successful in fendin
and telling undercover agents, “It’s a
« pao! fs fe former Republican congress-
subject rejects it in any fashion, the gov- man claimed he was conducting his own
investigation when he accepted the
(Please turn to Page 4)"
Richard Kelly
‘Pursued’ by FBI
Prior to Bryant's decision, the gov-
off challenges ‘to the Abscam “sting”
operation, which involved undercover
agents who as Arab sheiks willing
to pay bribes for official favors.
US. District: Court Judge John P.
Fullman voided the Abscam convictions
- of two Philadelphia city’ councilmen in
1980, but the entire U.S. Third Circuit
Court of Appeals later reinstated those
convictions and gave its sanction to the
government's conduct. - . .
In his decision. yesterday, Bryant
id operations like Abscam have no
place in law enforcement.
He said the sole objective of the Ab-
scam probe was to test the “virtue” of
‘members of Congress who had no reason
to be suspected of criminal conduct.
“Government agents, hard about the
business of corrupting public officials
who are free of suspicion, essentially
subvert our government, and, on its face,
this presents an unwholesome specta-
cle,” said Bryant. “This is particularly
true in the Kelly case.” ~
ew ha “fT
Af ath Ke bof 1S
Ls prevent fee Carnal ie
said Bryant. “Conversely, law enfor
ment exceeds its bounds when it
mannfantirac and eroates eriminale
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