[Editor’s note: This document was released both as a State Department cable as part of its 1981 FOIA release, and as Serial 1933 of the FBI’s RYMUR release.]
UNCLASSIFIED FBB 179
[Listing of agencies receiving informational copies on pdf]
0 011925Z MAR 79
FM AMEMBASSY GEORGETOWN
TO SECSTATE WASHDC IMMEDIATE 9092
UNCLAS GEORGETOWN 0918
E.O. 12065: NA
TAGS: CARR (LAYTON, LARRY) (PEOPLES TEMPLE)
SUBJ: W/W ARRESTS: LARRY LAYTON
1. AT MARCH 1 SESSION OF HIGH COURT TRIAL OF LAYTON, DEFENSE AND PROSECUTION CONCLUDED ARGUMENTS ON SENIOR COUNSEL [REX] MCKAY’S SUBMISSION CONCERNING THE LEGALITY OF THE PRELIMINARY INQUIRY (REFETEL). BOTH SIDES CONCEDED THAT IF CHIEF JUSTICE [HAROLD] BOLLERS RULED IN FAVOR OF THE DEFENSE CONTENTION THAT MAGISTRATE [KRISHNA VENI] CHINTA DID NOT HAVE THE AUTHORITY TO HEAR THE INQUIRY, THE INDICTMENT COMMITTING LAYTON TO THE JURY TRIAL WOULD HAVE TO BE QUASHED AND THE PRELIMINARY INQUIRY CONDUCTED ALL OVER AGAIN.
2. BOLLERS ADJOURNED TRIAL AT CONCLUSION OF ARGUMENTS UNTIL MARCH 7, WHEN HE IS TO GIVE HIS DECISION ON THE SUBMISSION.
BURKE [John Burke, American ambassador to Guyana]
UNCLASSIFIED