State / National
THE BATTALION Page 11
FRIDAY, SEPTEMBER 25, 1981
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Legislator pleads
not guilty to perjury
Paraphernalia law upheld, enforcement delayed
United Press International
AUSTIN — Rep. Mike Mar
tin, R-Longview, pleaded inno
cent Thursday to charges he
lied to a Travis County grand
jury about arranging his own
shooting. A jury trial was set for
Nov. 9.
Martin, appearing calm, re
sponded firmly, “I am not guil
ty, your honor,” when Judge
Mace B. Thurman Jr. asked
how he would plead to the
charge of aggravated perjury.
Martin and his wife had
waited patiently in the cour
troom for more than half an
hour before the first-term rep
resentative answered the dock
et call. The two chatted with
reporters, but both Martin and
his attorney declined to answer
questions about the case.
Martin is accused of lying to
the grand jury when he denied
staging his own shooting. His
cousin, 29-year-old Charles
Goff, has told police he and
Martin arranged the attack to
further the legislator’s political
career. Martin was slightly
wounded in the incident.
The night of the shooting,
Martin told police he knew of no
motive for the attack, but days
later claimed the assailant was a
member of a satanic cult. Final
ly, he blamed the whole inci
dent on “Gregg county poli
tics.”
Attorney Frank Maloney had
indicated earlier he might seek
a change of venue to move the
Martin trial out of Austin, but
refused to say Thursday if he
plans to pursue such a motion at
a Nov. 5 pretrial hearing.
Steve Willms, the assistant
district attorney who will prose
cute the case, told reporters he
was opposed to moving the trial
from Travis County.
“We certainly would oppose
a change of venue,” Willms
said. “The press on this has
been statewide. I am pre
judiced about this, but I think
the potential pool of jurors in
Travis County is among the
most intelligent in the state.”
Willms also said the possibil
ity of plea bargaining in the case
now seems remote.
“He can change his plea at
any time,” Willms said. “But I
want to make it clear that at this
time there have been no plea
negotiations.”
Willms, 33, has been with the
Travis County District Attor
ney’s office only three weeks.
According to Willms, the
grand jury still is considering
Martin’s case, although no
further indictments are ex
pected soon.
Willms said the panel is
studying Martin’s financial dis
closure statements to decide if
he may have violated reporting
requirements.
United Press International
FORTH WORTH — A federal
judge upheld the state’s controv
ersial law banning drug parapher-
i nalia sales, but restrained enforce
ment of the statute for 10 days
pending appeal.
The order, handed down short
ly after 1 p.m. by U.S. District
Judge David Belew Jr., was consi
dered a trial case affecting the
state’s 55 “head shops” and having
impact on similar legislation
nationwide.
Belew issued a temporary in
junction last month prohibiting
law officers from enforcing the
“head shop” law against two Dal-
las-Fort Worth area headshops. It
expired this week.
In testimony earlier this week,
a sociologist said his studies
showed no link between drug use
and the availability of drug para
phernalia. The mother of a drug
user, however, said she was sure
there was a connection. ^
Attorneys for the 55 head shop!
owners across Texas contended
the law was so vague it could nolj
pass constitutional tests.
Dallas Police Capt. Don Mil-J
liken testified drug paraphernalia
is not illegal in itself, but is illegal
if intended for illicit drug use. {
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Anacin directed
to stop claims
United Press International
WASHINGTON — The Feder
al Trade Commission Thursday
ordered the makers of Anacin not
to claim it contains “the pain re
liever doctors recommend most”
unless ads also say the pain reliev
er is plain old aspirin.
In a case dating back to 1972,
the commission ruled that Amer
ican Home Products Corp. and its
advertising agency engaged in
false and deceptive advertising in
the way they promoted Anacin.
The decision is the first by the
full commission in a package of
cases involving all the major aspir
in makers. The proceeding was
launched because the FTC staff
felt consumers were being misled
by advertising which touted va
rious brands as aspirin as superior
when, in reality, they achieved
their pain-relieving function from
the same source.
“The strained syntax of many of
the advertisements fosters the im
pression that Anacin contains
something other than aspirin,”
said Commissioner Michael Pert-
schuk, who wrote the opinion.
“The identity of Anacin’s ingre
dient is in every single instance
obscured with phrases like ‘the
pain reliever doctors recommend
most,’ and this specific, fast
acting ingredient against pain.’”
The opinion, in addition, said
many Anacin ads left the impress
ion that the product’s superiority
had been proven through studies
or tests.
The ruling also found that a
second product made by the com
pany, Arthritis Pain Formula, has
not been proven to be superior or
more effective than aspirin.
Under the order, the company
must “clearly and conspicuously”
disclose that Anacin’s pain reliev
er is aspirin when that is the case
and when any performance claims
are made about either Anacin or
Arthritis Pain Formula.
In addition, the company may
not claim that Anacin relieves ner
vousness, tension or everyday
stress. The firm has not made that
assertion for several years.
The FTC staff had sought a cor
rective advertising penalty that
would have forced the firm to
spend $24 million telling the pub
lic that its previous promotions
touting Anacin as a tension reliev
er were in error. But the adminis
trative law judge who presided
over the trial in the case deleted
that provision and the commission
upheld him.
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