New Jersey Nightly News; Episode from 9/15/1982

New Jersey nightly news. With Menachem special correspondent Michael Oren and Bill Perry with sports. Good evening. A federal judge intervenes in the U.P.S. strike card counters returned to Atlantic City's blackjack tables. And we conclude our special report on New Jersey's parole system. Thousands of striking United Parcel Service employees are going back to work this evening. A federal judge in Newark ended the to take a strike today. Arbitrator to settle the issue that prompted the walkout. Diane Doktor reports. Thirty six hundred U.P.S. workers walked off the job Monday in a dispute over how the company plan to staff its new overnight air service. UBS wanted to train employees other than its regular drivers to man the overnight delivery routes. The union defied a back to work order and was ordered to show cause today why it should not be held in contempt of court. But to the delight of strikers who gathered outside the courthouse federal judge Herbert Stern said he would not fine the union for violating the back to work order. Instead the judge

said an arbitrator would settle the dispute and ordered the union back to work. The leaders of Teamsters Local 177 which represents the workers gathered on mass outside the union's headquarters to applaud judge Stern's decision. In these times where Labor seems to be on the downgrade and you don't get fair decisions this man today. Listen. And he made a fair decision as far as we're concerned and united as of right now is a very shook up company for the past two days U.P.S. has manned its trucks and plants with supervisors. The walkout affected 14 U.P.S. facilities most of them in North Jersey. This is an action that we felt was necessary. Greenfield is one of my coworkers and let them do what they want and you have to take a stand. The company says its overnight service will begin on Monday as planned with the newly trained drivers. The company also says it will attend the first arbitration session set for next Thursday. Union leaders say they will not call for another strike on this issue even if they lose in arbitration. We will live with the arbitrator's decision they say because we're sure

it will be fair in Hillside. I'm dyin doctor. Playboy Enterprises incorporated must devise a new plan to withdraw from its casino partnership with Elsinore corporation or face divestiture in the courts. According to the Casino Control Commission spokesman Ben Barofsky members of the commission have voted unanimously to support an objection by the State Division of Gaming Enforcement of Playboys first proposal because it was too vague. Commission members have said that Playboy must divest its holdings if the Atlantic City casino hotel is to remain licensed. Playboy was given until December 1st to present a new proposal to the commission. Professional card counters were allowed to return to Atlantic City's blackjack tables today. The state Supreme Court decided last May that the gaming halls don't have the right to bar the skilful players. The casinos lost one and a half million dollars to card counters in a two week period in 1980. But then Hodgson tells us today the casinos were much better prepared.

Well-known card counter can used to have filed the original lawsuit against Resorts International. He returned there at opening time today with $20000 to test the new game. The casinos say in the past even against average players their margin of profit was just one half of one percent. They say counters who can remember which cards have been played and place their bets when the odds are in their favor actually had a two or three percent advantage over the house. But the casinos have now changed some of the rules. And after an hour of play today used to at last. Fifteen hundred dollars for the car down and they're really tough because they're dealing with a deck of cards about this is that a tax and they're calling all four of those a deck so there's 200 cards you don't even see that doesn't affect the average player who doesn't keep track of the cards but the person running to the back of the car the card counter that makes a real difficult approaches edge way down. But casino officials are not convinced the permission they received to use more cards and to shuffle more often will be enough to maintain the necessary profit margin. We're not satisfied at all and there's a good deal of feeling among the casinos that the skillful

players like Kenny Houston will still have the mathematical edge over the house and we may have to go back to the commission in some future date and ask for actual changes in the rules of the game. Each casino is experimenting with variations on the number of cards used to shuffle when a player can enter a game and how much he can bet. They want to keep the gate as much as possible. Like it is now. The average person won't quit playing. So far that seems to be working. Evidently they didn't have too much impact. One more than usual but maybe it's just luck. Did it affect euro winnings today at all do you think you know I won today and I won yesterday so I'm very happy. By far no change told us he thinks the new rules still give the very good card counters a point 2 percent advantage. He thinks the house will still make money. As you might expect the casinos will be watching their blackjack revenue very closely the next few weeks with the changes instituted today do not maintain the houses. You can bet we'll see some more substantive changes very quickly. I'm damn hard sell.

A bill requiring the federal government to sell back to Hoboken 3 Hudson River piers passed both houses of Congress today. The pairs were confiscated from a German steamship company by the then War Department in 1917. Officials of the city state and Port Authority had made plans to develop the waterfront area for residential commercial and recreational use. The 50 acre site makes up more than 7 percent of Hoboken land and runs along a third of its shoreline. The bill requires the General Services Administration to negotiate with Hoboken for the sale of the piers. It now goes to President Reagan for his signature. State will resume the giveaways of government surplus cheese next month. Governor Kaine says he's approved a new better organized system for distributing the cheese to needy families through major volunteer groups. The five pound blocks of processed American cheese will be available to families that currently receive benefits from the Aid to Families with Dependent Children food stamps pharmaceutical assistance for aged and supplementary Security

income programs and all 600000 New Jersey families will be eligible for more than a million and a half pounds of cheese in the first distribution which took place in February. The state gave away 1.4 million pounds to about two hundred ninety five thousand families. The New Jersey attorney general is being asked to stop a nursing home industry practice which forces Medicaid patients to sign private pay contracts reports. According to the state's ombudsman. It's common practice in the nursing home industry to require patients to pay private rates for up to three years before allowing them to use Medicaid. The nursing home receives 20 to $25000 a year for a private bed compared to fourteen to sixteen thousand dollars for a Medicaid bed. This is. Bothering me I would have turned it into Mr. Russo the head of Medicare. Prayer would include the attorney general who probably got the good request of being overly

Galileo Faye and his staff filed a position paper with the attorney general's office suggesting violation of civil rights and unethical practices. There is no question that this situation is a blatant Kirkwall to thresh them to sign a contract is without a doubt a more. Face office also as asking the commissioner of health and the public advocate to increase the mandatory quota of Medicaid beds a nursing home must offer. They want the percentage raised from five to at least 15 percent. A spokesman for the nursing home industry would not comment on the Ombudsman's action. A lobbyist for the New Jersey Association of health care facilities said he is not familiar with the charges in Trenton. I'm rated shade. State police today dedicated their new police barracks in total to the memory of slain state trooper Philip called Monaco was killed on Route 80 last December while patrolling the highway. Attorney General Erwin Kimelman state

senator common a wreck E.O. an assemblyman Chris Jackman accompanied State Police Superintendent Clinton for gateau in the dedication ceremonies a plaque commemorating the Monaco's death was unveiled at the ceremony Kimelman said construction of the 3.5 million dollar facility which began two years ago was a priority for the state. The new North Jersey State Police headquarters will serve as a center for state police in 10 counties in North Jersey. A nationwide manhunt for Monaco's killers is still underway. Only a few weeks remain before pedestrians drivers and bicycle riders in Woodbridge Township won't be able to legally wear stereo headphones on municipal streets. Last night the township council adopted an ordinance prohibiting the headsets. But from the Flannigan reports opponents of the ordinance are already mapping out their strategy. The ordinance takes effect on October 7th when anyone wearing stereo headphones on a Woodbridge Street will be subject to a maximum penalty of $50 and 15 days in jail

excluding police and firefighters. The law bans the headsets in the interest of safety but Oscar Gross who opposes the ordinance claims the gear doesn't dangerously muffle street sounds. He says the ordinance violates personal freedom. To prove his point. On October 7th he will break the law. I will appear at the corner of the main intersection of this community and deliberately and willfully cross the street wearing my earphones as I am wearing them right now for the sole purpose of attempting to be convicted of an offense which I feel is unconstitutional and I will appeal it through the courts to the appellate division the Superior Court and the Supreme Court if necessary. Grose tried that approach when the ordinance was first introduced but couldn't convince a policeman to arrest him. Woodbridge council president Robert Gorani access the ordinance will pass the legal test. There may be some people who feel that their rights are infringed in some way and they may have a point. But we think that the positive part of this

ordinance. It's so overpowering that it will stand up and it will take the challenge of a court test. What will happen when gross breaks the law. I'm sure the police will arrest him if he's wearing the earphones. And I wish him good luck. A court challenge would be closely watched because interest in the ordinance is widespread. GORANI access he's discussed it with officials from several countries and many U.S. cities and in Trenton. A bill now in committee would if passed impose a similar law statewide in Woodbridge. I'm Brenda Flanagan. Governor Kaine today presented checks totaling one hundred thirty five thousand dollars to three New Jersey arts organizations. The money was raised at a tennis tournament in Princeton sponsored by the governor in July. The annual event which involves 60 corporations is believed to be the most financially successful single charity event fundraiser ever held in the state. The New Jersey State Opera New Jersey Symphony and the New Jersey ballet each received forty five thousand dollars.

And now here's a look at the weather forecast tonight will be cloudy with showers and temperatures will be in the low to mid 60s. Cloudy skies again tomorrow with another chance of showers Daytime highs will be in the upper 70s and the outlook for Friday partly sunny and cool. Last night in part one of the paradox of parole Michael Aaron and

producer Janice Eleanor examined how the parole system works tonight in part two of their report they focus on the issues raised by the parole of a convicted murderer. Michael thank you can't. Last night we talked about the parole of 22 year old Lee Morgenstein who spent six years in custody for killing his next door neighbor. This was Kim McIntosh the young woman Lee Morgenstein murdered. This is the way one newspaper handled the crime and this is Kim mackintoshes family. They no longer live next door to the Morgan stains in Teaneck but they did for two years after the tragedy. Dr. McIntosh remembers both families pulling out of their driveways at the same time each morning during the trial. Each on its way to the Bergen County Courthouse. Was six years enough punishment for shooting a girl in the back. Not to Ronald Schwartz the former assistant Bergen County prosecutor who tried the case. He remembers Morganstein as not even being sorry for what he did. And showed no remorse during the trial at all hadn't and in

fact he had sent a letter while he was in jail awaiting trial to one of his friends in California telling sort of the current events of the day. You know one of the lines he had said and you remember the girl by the name of Kim agone times that he's to tell you that. Well she got in my nose and I killed him. Shorts things Morganstein should have served at least half of his 26 year maximum sentence. But even that is not enough for Mrs. McIntosh I think you should be pried away from my family to protect the public. I don't think anybody else should be. I don't think any other life should be in danger and. I think he should be put away. But maybe if he did come around maybe after 25 years when he. Didn't do it. Whether or not six years was enough punishment is not for the parole board to decide. Punishment is not its function. That's what we have judges for. The judges know the parole eligibility formula. They know that a 10 year sentence is likely to mean parole

eligibility after two years and that the inmate is entitled to that parole unless he has gotten into trouble in prison or can be proven to be still dangerous. Perhaps maybe there's an obligation on the part of government in criminal justice to clearly and succinctly say to the public this is what the punitive aspect that is the Morgan was never intended. From the moment the judge uttered the sentence to be punished more than six years it normally takes only one of the seven parole board members to approve a hearing officers parole recommendation. After the Morganstein case the board decided that two members to participate if a murder is up for release. Christopher Dietz the chairman of the New Jersey State Parole Board was one of the two members who signed off on the Morganstein decision. We spoke at a time when Dietz was recovering from laryngitis at the time he was eligible for parole board looked at all the factors to look at a previous criminal history. There was drugs. Look the previous violence was not the look to his previous sociopathic history. What he did in school his family relations were

they had and psychiatric and psychological because they were who's an agenda drugs that he'd been using honesty etc.. We extended the period of review for six months on his case release came at a time of great public pressure on the parole board. The board's earlier decision to parole convicted cop killer Thomas Tran Tino on the condition you pay restitution to the families of his victims have caused an uproar several legislators seem to be after Christopher Dietz a scout. And someone justified the Morganstein decision by saying that Morganstein had been a model prisoner and was rehabilitated. Some people had trouble believing that and I want to be a model prisoner even to get out here very quickly get out get out got out. This is right back where it was to begin with. He attempted to kill a woman. They have made many mistakes. And I'm afraid this is going to be a bad mistake because

this boy will do it again. Maybe not now but five years from now when he gets in a situation. The famous man here do it again. The Mackintoshes say they are especially worried about their two daughters Karen and Pam who were 14 and 12 when their 22 year old sister was slain. I was praying. That he would. Find out where we were living will. Come after us. Do something. Why would you come in. When we were the ones that really established the fact that he had premeditated. Thought. So. That was. Something I knew that he would hold the guns for some. Time to get us right Morganstein did not want to appear on camera but he told me that he is sorry for what he did and that he feels no animosity toward the Macintosh girls or anyone. He lives at home now in that same house in Teaneck and works for his father importing shoes and leather goods. Once a month he sees a parole officer in Jersey City and three

times a week his urine is monitored for the presence of an illegal drug. Morganstein sounds sincere but some people still view his release as a perfect example of what's wrong with the parole system. I certainly think that the problems that we just had the full members of the probe would present considering releasing a first degree murder case this was not true. Paramus police chief Joe the Laney is chairman of a group called pact which stands for policemen and citizens together formed in the wake of the tranter decision pact would like to see a number of changes in the parole system. One no restitution in murder cases a reference to the Tran Tino decision. To make the full seven member board consider the release of any murderer at present it takes only two members to approve a recommendation for parole in a murder case. Three. Transfer the burden of proof from the state back to the inmate instead of the parole board having to establish that an inmate is unfit for release. Make the inmates prove that he is fit. The problem with requiring the full seven member board to consider a murderer's parole is that the board was

divided up into two person panels in the first place at least partly so that it could handle its enormous caseload. The board made more than 18000 parole decisions in fiscal 1981. That number rose to 25000 in fiscal 1982 and that was before the recent law change giving the state board jurisdiction over all county prisoners. As for shifting the burden of proof back to the inmate. When I came on board a guy would wait seven years to come on board to come up for programs and I'd look and I was scant piece of information I would have to say why has it gone. How do you feel. What's this. What do you mean I have the burden. What do you mean he had the bag. There was no information to explore. It's a ridiculous misnomer. If you're talking about a bird you're talking about some information that can be used by the pro or con for the first time New Jersey's parole system has more information than it's ever had in its history and certainly more information than most prone authorities have across the nation and the public says we want to go back to the Dark Ages.

We've been calling this report the paradox of parole and some of you may have started wondering why and the paradox of parole is that it's a good system that causes innocent people like the Mackintoshes to suffer even more than they've already suffered. Lee Morgenstein is back out in the world. Their daughter is dead. But before you decide that society needs tougher parole laws listen one more time to New Jersey's parole chairman who's been wrestling with these questions for eight years. Society has a vested interest in parole not being tough but being fair because if the individual who subject the incarcerated individuals violated the law feels that society has treated him fairly during the period of his punishment he develops a resentment. And you say I don't care about his resentment. Unfortunately he's going to be released if there's going to be respect for the law it has to be engendered every point. We must operate under a system of laws we must operate under a system of rules that are fair to everyone. A couple of footnotes to the story when I mentioned to Lee Morgenstein the people say he showed

no remorse over his crime he said. Just because I didn't show it doesn't mean I didn't feel it. In fact the psychiatry's said that was part of my problem that I had trouble selling my emotions Morganstein also denies having written a letter like the one described by the prosecutor in tonight's report and friends of the Morganstein family assure me that Lee Morgenstein is as unlikely to commit a violent crime now as I am or you can't. Thank you Michael an interesting in-depth report. And we'll be back with sports in just a moment. Yeah it was a while. It's football season. But Bill's not going to talk football tonight I don't think but I feel

worse. Last weekend the New Jersey Devils welcomed their rookies to training camp the veterans have now reported. And tonight the rookies will play a game at ICE world in total that's where the devils are training the game is against the Rangers rookies and listen those devils are high on rocky trochee or right wing their number one draft choice. It's really good to be a little proud to be the number one draft but. It's really exciting. To be looking to get Ford to camp for a long time. So really I think I'm ready to go. It's a good thing he's excited about it. Can you imagine if he wasn't well call Rocky trochanter low key also call him the brother of the islanders. Story Brian trochanter and evidently the comparisons will come. Will that. Be a problem. Live. The. Comparisons you know. But. It doesn't really affect me at all. It can affect me so. I not even think about it so I don't think of any problem at all. I just go and do my best to make it and make it out to be happy. Rookie game tonight the Devils last full roster exhibition game is Friday night against Washington in Hershey

Pennsylvania. The Giants have put their opening defeat behind them and now it's time to look ahead to the first ever That's right first ever Monday night game at Giants Stadium Giants and Packers there were some positive signs against Atlanta despite the 16 to 14 loss one of them for sure. What about Scott Brewer who had his best passing day ever as a pro I think certainly we proved we can move the ball you know on a very good defense and. You know like I said before just a matter of. Establishing some consistency offensively and doing it every time we go out on the field instead of. Just in the second and third quarters Bruner past the 310 yard Sunday but against a good defense you have to keep him honest you have to be able to run the ball. Rob Carpenter Well no Robin Bruner feels but won't fall. It's going to be the man this year but was impressive in his pro debut with 17 carries for 64 yards. He made some nice runs and. You know I think he's only going to get better with maturity and and with just learning often somehow

how the blacks are going to are going to come he shows some great natural ability on the field. Our countdown to the Soccer Bowl coverage continues tonight it's the cosmos in Seattle Saturday night so here's a look back at the two regular season meetings cosmos and Sounders both three to two games June 20th Giants Stadium 1 0 Seattle 21 seconds in Mark Peterson beat ubat Birken Mark kosmos tied at 45 seconds into the second half. Chico off the field from Giorgio can now get 20 minutes left to one Seattle the corner by Steve Daly Jeff's stock headed in with 11 33 left cosmos tied Steve Moyer's off the field from Carlos Alberto and the most wanted 3 to 2 SD punt that canal you the gamer with 2:30 left. But in Seattle on August 4th against Seattle with the first goal Steve Daly seven minutes into a Sounders 15 minutes later he can hit just to get down Peter Ward in front. Ward won the NASL MVP award before half time or Barack Obama's off a scramble two to one beating Paul Hammond but three to one Seattle 15 minutes into the second half. Ray Evans free kick deflecting off the cosmos wall and despite another goal back of Banias with 16 minutes left it was a 3 2 win for the Sounders So in both games the home team won

three to both games Seattle scored the first goal Seattle and the cosmos Saturday night in San Diego for the NASL title. Soccer ball 82 finally. Justin I'm still trying to figure it out the Philadelphia seventy six or seven. I have obtained NBA MVP Moses Malone from Euston for Caldwell Jones and a future first round draft choice I gotta believe they should've got a lot more used and should've got a lot more from Moses Malone Ken's favorite big guy. That's soccer basketball and football you've got it all right. That's our news for tonight from Michael Aaron Bill Perry. And the rest of the nightly news team I'm Pat Monahan wishing you good night. Tonight. Coverage on New Jersey was made possible by a grant from Jersey. New Jersey. An association with many to 13. Portions recorded.