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[ M,ar!c"'.itppropriate Boxes
Blackstone Stationers, Inc.,   N.Y. (212) 527-4200 (516) 599-6411
0 INDIVIDUAL VERIFICA TJON
STATE OF NEW YORK, COUNTY OF ss.:
, being duly swor n, deposes and says, that
ponent is the in the within action; that deponent has
read the foregoing and knows the contents thereof; that
same is true to deponent's own knowledge, except as t o t he matters therein stated to be alleged on information and belief,
d that as to those matters deponent believes it to be true.
0 CORPORATE VERIFICATION
deponent is the of t he corporation
named in the within action ; that deponent has read t he foregoing
and knows the contents thereof; and that the same is true to deponent's own knowledge, except as to the matters therein stated
to be alleged upon information and belief, and as to those matters deponent believes it to be true. This verification is made by
deponent because
is a corporation. Deponent is an officer thereof, to wit, its
The grounds of deponent's belief as to all matters not stat ed upon deponent's knowledge are as follows :
Sworn to before me, this day of 19
0 ATTORNEY'S AFFIRMATION
STATE OF NEW YORK, COUNTY OF ss. :
The undersigned, an attorney admitted to practice in the cour ts of New York State;
shows, that deponent is
the attorney(s) o f record for
in the within action; t hat depo nent has read the foregoing
and knows the contents thereof; that same is true to deponent's own knowledge, except as to t he matters therein sta ted to be
alleged on information and belief, and that as to those matters deponent believes it to be true. Deponent further says that the
reason this verification is made by deponent and not by
The grounds of deponent 's belief as to all matters not stated upo n deponent' s knowledge are as follows:
The undersigned affirms that the foregoing statements are true, under the penalties of perj ury.
0 CERTIFICATION BY ATTORNEY
r;rtifies tnat the within has been compared by the undersigned with the original and
to be a true and complet e copy.
Dat ed:
0 AFFlDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK, COUNTY OF ss.:
being duly sworn, deposes and says, t hat deponent is not a party t o the action, is over 18 years of age and resides at
That on the day of I 9 deponent served the within
on attorney(s) for
in this action, at
the address designated by said attorney(s) for t hat purpose
depositing a true copy of same enclosed in a post-pa id properly addressed wrapper, in a- post offi ce-offi cial depository under
exclusive care and custody of the United States Postal Service within the State of New York.
0 AFFIDAVIT OF PERSONAL SERVICE
on
e herein, by delivering a true copy thereof to h personally. Deponent knew the
__ rson so served t o be the person mentioned and described in said papers as the therein.
Sworn t o before me, this day of 19
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NOTICE OF ENTRY
Sir : PLEASE TAKE NOTICE that the within
is a copy of a
duly entered in the office o1 the clerk of the within
named court
on
Dated:
Yours, etc.,
ROSENSTEIN & KAHN
Attorneys for
To:
Office and Post Office Address
225 BROADWAY
NEW YORK, N.Y. 10007
Attorney for
NOTICE OF SETTLEMENT
Sir : PLEASE TAKE NOTICE that
19
19
of which the within is a t rue copy will be presented
for settlement to Mr. Justice
one of the Justices of the within named Court
at
on the day of 19
at M.
Dated:
19
Yours, etc.,
ROSENSTEIN & KAHN
Attorneys for
•,
Off ice and Post Office Address
l
225 BROADWAY
. NEW YORK, N. Y. l0007

To:
Esq
Attorney for
Index No. 19
SUPREME COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE,
MURDOCK and THE VILLAGE VOICE,
INC.
Defendants •
COMPLAIN'l'
ROSENSTEIN & KAHN
Attorneys for Plaintiff
To:
Office and Post Office Address
225 BROADWAY
NEW YORK, N.Y. 10007
(212) 374-1 438
At t orney for
Service of a copy of the withi n

Esq
is hereby admitted :
Dated, N.Y.,
19
Attorney for
Blacksronc Sran·oners. Inc., 585 Merrick Rd., L y nbrook, N. Y.
I
SUPREME COURT OF THE STATE 0:!? NEW YORK
COUNTY OF NEW YORK

CHIC EDER,
• •
Index No. ·
Plaintiff,
Plaintiff designates
New York County as
the p lace of trial
-against-
ALAN J.     a/k/ a A. J.
WEBERMAL"l, ·WILLIAM J. RYAN,
MARIANNE PARTRIDGE,
MURDOCH and THE VILLAGE VOICE,
INC.
The basis of venue is
defendants•
dences and p·lac·e of
busi ness
: SUMMONS
Defendants.
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·:;To·· the above named defendants: YOU ARE HEREBY
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SUNMONED to answer ·the complaint in this action and to serve ·a
copy of your answer, or if the complaint i s not served with the
summons to serve a notice of appearance on the plaintiff's

attorneys within twe nty {20) days after the s ervice of this
summons, exclusive of the date of service (or within thirty
(30) days after the service is complete if this summons is
not personally delivered within the State of New and in
case of your failure to appe ar or answer , judgment ,.,ili be
taken against you by default for the relief demanded in this

·'
complaint .
Dated: New York, New York
December 29, 1978
Defendants• addresses:
ALAN J. WEBERMAN
6 Bleeker Street
New York, New York
THE VILLAGE VOICE, INC.
80 University Place
New York, New York 10003
WILLIAM J. RYAN
c/o The Village Voice, Inc.
(See above address)
  PARTRIDGE
c/o The Village Voice, Inc.
(See above address)
RUPERT._'MURDOCEC
c/o The New York Post
210 South Street
New York, New York
ROSENSTEIN &_KArlli, ESQS.
Attorneys for Plaintiff
225 Broadway
New York, New York 10007
(212) 374-1438
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SUPREME COURT OF THE STATE OF NEW YORK
OF NEW YORK

CHIC EDER,
:
Index No.
Plaintiff, COMPLAINT .
-against-
ALAN J.   a/k/a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.
Defendants.
:
.
.
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Plaintiff, by Rosenstein & kahn, Esqs., his
for his complaint again.st the defendants alleges as follows:
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AS AND FOR A FIRST CAUSE OF ACTION
AGAINST THE DEFENDANT ALAN J. WEBERMAN
1. The defendant A. J. WEBERMAN, is and at all times
relevant and hereto was a citizen and resident of
the State of New York and a writer and occasional contributor
of articles to the publication known as The Village Voice.
2. On information and belief, the defendant HARIAl'lNE
PARTRIDGE, is and at all times relevant and material hereto
was a citizen and res ident of the State of New York and the
editor of The Village Voice.
3. On information and belie f and at all times relevant
and material here to, defendant, WILLIAM J. RYAN, was a citizen
. ....
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and resiqent of the State of New York and publisher of The
Village Voice and President of the defendant, THE VILLAGE VOICE
,
INC.
4. On inrormation and belief, defendant RUPERT.
MURDOCH, is and at all times relevant and material hereto was
a citizen Australia, and a resident of the State of New York
and the publisher and editor in fact of The Village Voice.
Said defendant, on -information and belief is a director of the
defendant, THE VILLAGE VOICE, INC., and exercises complete control
of that Corporation: by virtue of his ownership of the controlling
majority shares of the Corporation's outstanding stock.
5. The defendant, THE VILLAGE VOICE, INC. (herein-
 
after the Corporation) is and at all times hereinafter mentioned
was a Corporation duly organize d and existing under the· laws
of the State of New York with its principal office and place
of business in the City, County and State of New York, where
it is engaged in the business of publishing a newspaper
entitled The Village Voice.
6. Plaintiff, at all times hereina f ter mentioned
was and is a citizen of the State of New york. At the time
of the events complained of herein, plaintiff was self-employed
as an entrepreneur, and venture capitalist, the sole
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owner and successful operator of a boating and yachting
business.
7. At the time of the events complained of herein,
plaintiff had a good reputation for truthfulness, worthiness,
and good character among his friends and business associates,
all of whom held the plaintiff in the highest esteem.
8. On or about November 27, 1978, the defendant
A. J. WEBERMAN wrote, and the other defendants reviewed, edited
and caused to be published in the state of New York an obit-
uary of Tom-;Forcade, a copy of which is annexed hereto a
incorporated herein in full.
9. Tom Forcade committed suicide on November 16, 1978.
·irhe   of approximately ·fifteen hundred words, rev-iewed
at length Forcade' s polit_ical and social activism during the
1960
1
s and 1970
1
s. The obituary co_ntains references
to investigations of Forcade by various law enforcement
agencies prior to Forcade
1
s suicide, and contains the following
direct references concerning plaintiff:
..
" "In 1977, a federal grand=:: jury in
- Brooklyn began an investigation concerning
Tom Forcade based on the testimony of Chic
Eder, a high-level DEA informant who has
been characterized as 'Mro Marijuana" in
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several magazine articles . The pressure
began to build and Tom started to go into
periods of extreme depress ion. He would
assume a fetal position, cover himself
with a sheet, and remain like that for
days. At one point he took an overdose
of Quaaludes and stumbled over to Gabrielle
Schang•s apartment, where he collapsed.
Gabrielle and her friend Jim Drugus, who
worked in Tom•s bookstore across from
Gabrielle•s apartment, took him to Bellevue
where his stomach was pumped • • •
• • • He began taking Quaaludes. His wife
tried to stop him from overdoing it. The
cloak of secrecy Tom spread over his activi-
ties would smother him. On November 16,
197& at 1 p.m., while corning down f!om
Quaaludes, Tom shot himself in the head
at point"-blank range."
10. The defendant A. J. WEBERMAN intended the entire
.. ...
  including the reference to plaintiff set forth in
Paragraph 9 above , to mean, and it was fairly understood to
mean by average persons reading the entire article, the following:
(a) 'the plaintiff is a DEA (United States n ·rug
Enforcement Administration) ·informant, and an employee or
member of the "intellige nce community", who received financial
rewards for informing on Tom F0rcade.
(b) The plaintiff l aid a false crimi nal informa-
tion against Forcade.
(c) The fal se information laid by plaintiff
caused a federal grand jury in Brooklyn, New York to begin a
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give them wide exposure to the public through the Village
Voice and with knowledge that the publication vTould damage
and injure the
15. Taken singly· and as a whole the defendant A. J.
WEBERMAN' s -conduct was outrage·ous, transcending the bounderies
of decency tolerated by society and totally without justification.
16. As a result of the defendant A. ·J.  
acts, plaintiff has suffered great emotional distress and
anguish, and concern for his safety and well-being.
17. In the premises, plaintiff has sustained actual
injury and damage in the sum of One Million ($1,000 , 000.00)
  and is entitled to punitive damages in the sum
of one Million ($1,000,000.00) Dollars.
AS AND FOR A SECOND CAUSE OF ACTION
AGAINST THE DEFENDANTS A. J. WEBER-
MAN, WILLIAM J. RYAN, MARIANNE
PARTRIDGE, RUPERT MURDOCH and THE
VILLAGE VOICE, INC.
.. ·
18, Plaihntiff repeats and reallege's e ach and every
allegation set forth· in Paragraphs. numbere d 1-17 com-
plaint with the s a me force and e ffe ct as if s e t forth here in.
19. Upon information and be lief the def e ndants,·
RUPERT MURDOCH, WILLI.Ar-1 J. RYAN and t1ARIANNE PARTRIDGE, acting
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indi vidually and within the l ine and scope of their a ctual
and implied authority , on b ehalf of the Corporation, did on
about November _27, 1978 unlawfully plan, plot and conspire
between themselves and the defendant   J. WEBERMAN, and with
the corp0ration, to maliciously and and for the
purpose of injuring the plaintiff, cause the above described
matters concerning the plaintiff to be published in The Vi llage
Voice.
20. The publication was made with the intent to give
wide exposure to the public through Tlj.e Village Voice, knowing
that publication would injure and damage the plaintiff and
.cause the plaintiff great anguish and emotional distress .... -
21. · On information and Belief the defendants were
solely motivated by animosity- and hatred for the plaintiff
and their sole purpose.-for publishing the above stated matters
was to inflict serious injury, mental and emotional distress upon
the plaintiff.
22. Taken singly and as a whole, the defendants• ·
conspiracy to inflict intentional mental anguish and severe
emotional distress was outrageous, transcending the bounderie s
6:B decency tolerated by society and totally without justification.
2·3. As a res.ult of the defendants' conspiritorial
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acts, plaintiff suffered seriou s mental a nd emotional distress.
24. In the premises, plaintiff h as sustained actual
injury and in the sum of One Million
Dollars, and is entitled to punitive damages in the sum of
One Million ($1,000,000.00) Dollars.
AS AND FOR A THIRD CAUSE OF ACTION
AGAINST THE DEFENDANTS A. J. : WEBER-
MAN, V'liLLIAM J. RYAN,    
PART:RIDGE, :RUPERT' tv!URDOCH and THE
VILLAGE VOICE, INC.
25. Plaintiff repeats and realleges each and every
allegation contained in Paragraphs numbered 1-24 of his complaint
with the same force and effect as if set forth hereinafter.
' 26. Each of the defendants, on or about November 27,
1978 did' unlawfully plan, plot and conspire be·tween themselves
to publish and did publish in The Village Voice, false, malicious
libelous and defamatory statements of and concerning plaintiff
in the article attached hereto as Exhibit 1.
27. The defendants acting individually and in concert,
and in furtherance of the unlawful conspiracy hereinabove
alleged, uttered the libelous and de£amatory
statements of and concerning the plaintiff set forth in
Paragraph 9 all of which were published by the Corporation
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in its issue of Nov ember 27 , 1 978 , and thereafter generally
distributed throughout the City and Stat e of New York, and
throughout the United sta.t e s, where said statements were read
by the friends, family and busi ness associates of the plaintiff.
28. The matters concerning plaintiff published by
the defendants falsely and maliciously state or imply that the
plaintiff laid a false information against the dec edent, Tom .
Forcade, that plaintiff committed purjury before a grand jury,
that plaintiff conspired- to murder Forcade • s friend "Jack",
and that plaintiff conspired to commit a burglary at Forcade's
apartment • .
29. These accusations of criminal i mputed
to the plaintif f are f als e, d e famatory and libelous per se.
They were published · by defendants with actual malicious in
that the same were published with knowledge of their falsity,
.::o.r.. with serious doubts as to their truth. Alternatively,
said statements were published by said defend.ants i n a grossly ,
irresponsible manne r without due considerati on for the    
of inf ormation g a theri ng a nd d isseminatio n o r d i nari l y f ollowed
by r e s p onsi ble publ i she rs a nd wri t ers.
30. As a r e sult o f the aforesaid wrongf ul acts of the
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defendants , the p laintiff h as been hel d- up a nd exp osed t o publ i c
contempt, scorn and ridicule, and suffered great emotional
distress and anguish, and has sustained grave and irreparable
inj ury and damage to his and personal honor and
reputation.
31. In the premises plaintiff has sustained actual
injury and damage to his professional and personal honor and
reputation.1in the sum of One Million ($1 , 000, 000 . 00) Dollars,
and is entitled to punitive. damages in the sum of One Mil l ion
($1,000, 000 , 00) Dollars.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST THE DEFENDANTS A. J. WEBER-
NAN I WILLIAM J . I
PARTRIDGE, .i.RUP.ERT..' NURDOCH and THE
VILLAGE VOICE, INC.
32. Plaintiff repeats and realleges each and every
a llegation containe d in Paragraphs numbered   of his complaint
with the same force and effect as if set forth hereinafter.
33. The false , maliciotls, · l ibel ous:. and defamatory
statements made by defendants, of and concerning the plaintiff
and set forth in Par agraph 9 , a bove, fal sely and ma liciously
state that the plaintiff is a "high level DEA i n formant'.'; and
that in 1977 a federal gra nd jury in Brooklyn b e g a n an investiga-
tion conce rning Tom Forcade based on t h e t e sti mo ny o f pl a intiff .
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The obituary published by defe ndants further falsely and
maliciously implies that   plaintiff testified before a
federal grand jury in Brooklyn, in 1977; falsely and maliciously
states that as a result of these acts, the pressure began to
build on Forcade, and falsely and maliciously that
the plaintiff caused and was directly responsible for Forcade's
suicide. The obituary was thus kn?wingly intentionally·
designed to have its readers believe that plaintiff instigated
criminal proceedings against Forcade on behalf of the DEA
which directly caused Forcade. to take his own life.
34. Each of these: accusations is defamatory, false
··and libelous per se. They were published by defendants with
actual malice·::.in that the same · were published with knowledge
of their falsity or with serious doubts as to their truth.
Alternatively said statements were published by defendants in
a grossly irresponsible manner without due consideration for the
standards of information gatherirlg "and.: dissemination ordinarily
followed by responsible publishers and writers.
35. As a result of the aforesaid wrongful acts of the
defendants, the plaintiff has been held-lip and exposed to public
contempt, scorn and ridicule, and has suffered great emotional
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di s t r c·s s , a ngui sh, a nd concern for h is bod ily s afet y a nd t..·Te l l-
being, and has sustai ned grav e and irrep a r able i njury and dama ge
to his professional and persona l honor and r ep utation.
36. In the premises plaintiff has sustained actual
injury and damage to his personal and professi onal honor.and
reputation in the sum of one Million ($1, 000, 000.00) Dollars
and is entitled to punitive damages i n t h e sum of one Million
($1,000,000.00) Dollars.
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AS AND FOR A FIFTH CAUSE OF ACTION
AGAINST THE DEFENDANTS A. J. WEBER-
J.v1AN, WILLIAM J. RYAN, t1ARIANNE
PARTRIDGE, RUPERT' MURDOCH and THE
VILLAGE VOICE,INC.
07. Plaintiff · repeats and realleges all of the -allega-
tions set forth in Paragraphs 1-36 wi th the same force and e f f e ct
as if fully set forth hereinafter.
38. The defendants herein have acted in a vicious,
malicious and intentional manner, ·=with the sole purpose of
injuring the plaintiff.
39. As a resul t :=: of   malice and malicious
acts, plaintiff seeks damages in the amount of Three
Million ($3,000,000 .00) Dollars.
WHEREFORE. plaintiff demands judgment against the
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defendants as fol l ows :
(a ) On his first cause of action against the
defendants ·A. J. WEBERMAN, individually the sum of Two Million
($2,000,000.00)
(b) On his second cause of action against the
defendants, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of Two
Million ($2,000,000.00)  
. {c) On his third cause of action· against the
defendants, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of Two
Million ($2,000,000.00) Dollars.
-.· .
{d) On his fourth cause of action against the
defendantS, A. J. WEBERMAN, WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH, and THE VILLAGE VOICE, INC. , the sum of Two
Million ($2,000,000.00) Dollars.
(e) On his fifth cause of action against the
defendants, A. J. WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE, INC., the sum of TWo
Million ($2,000,000.00) Dollars,
together with costs and disbursements in this action and such
other relief as to this court may seem just and proper .
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Dated : Ne\V' York, New York
December 29, 1978
ROSENSTEIN & KAHN, ESQS.
Attorneys for Plaintiff
225 Broadway
New Yo·rk, New York 10007
(212) 374-1438
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.': '· . jTom Forcnde, P?liticnl   · (tpon 'ivhnt hi's   his :one -.nbou_t: 'tl!e ·punk iri . the
t ,. : \1 publisher, ln>t sye; l!O!J' by,  

  sue; nrd ;·y." I (1n/r I IJIICS;' wl;1ch has a Clrculnt ton works, I hs fnends ?n,d

u lh:s prJised
} w nu1g :Jt Vmccnt
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S HospHJl o( _.{-_;· ll\!,lJ· ccsslul su1t ug:umt the govcrnmcnt.•,_L .·:!.:;.;
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of_
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Ut Jast week bunched a 1\Im for lus gcncrosuy unw:t\'c::-mg J1n:m-
·. . 6 :shot wound to the head. Forcade's death, at Forcade's hassles witli t)lc fiixon ad minis:; spinoiT :magazine 'called:.SIQJJe Age.:.Forc_2dc ·eta!· support· for a of resistance "
,-; . , > · .' 33, wa_s lubeled a . , '· · ... · · .. · ·., · .,, '.-,   also filin. docu1   of the Na- ·
',. · : .. : ... ·· _In years, l-urcade wa; _b<;;t·   h1s purll<;JPa'. ·!lonnJ, foe ,uc kcfur:n o! ;lbrJ·
,!, . '. : , ... , known ns 1 he founder lnd gu1dmg spmt of tttiq my nt(i.!eJ27Z 9 ,Q ,1', nn-: 1:,'1;\\::; ...

• · •:·· 1uana Luws (NOkM!-l, , 1u:d H:¥h f1me<'s
!} . ; _.p . · . Hi;:;h · of \ !'\'t·d: .· : o_rg2!UZJt!?U had p:oved cs-
.·, ::. · ·. ·drug culture. Iromcallyi whde he frequently

. scnual to l_ls 1 wo years
:! .. ' ·, conveyed personal shyness, f'orcnde was ney- .. , In !970 Fo'reude'appcaicd l;rcfoic tlie'r'rcsi-' ·.>f. !1"\tii   • Forcnde set up a 1\on-rrofit charitable
. ( h 'h ( h ' 'h'. . . ,. . . .: .. : .. .1-\,..\;.;'t:)"'"'c.,_.. .. • I' LJ' I ']'' I
· cr fnr 1W01 t c spothg t 01 ll c 1s dcntuil Obsccntty and ..     ..: . trust· ma::mg .. lJJ! cmp oyces,
. • . · - . '':J".l ........... • • ·-r.r,'n I' 1   - - . . ,
·; • .: : chosen forum for political nnd social chunge,(· When to" explain hi 0 .

    and tl1e J\ltonootlre .l!et!'" Acccs;
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:·.. ·It was >S n for thc.Un<lcr-. uop:t,hnt the     (socccs>or _to lhe
) ' ' ' grpund Press Syndlcutc he the blntnl\t       .. ' j'res; to the profit$ o!
1 ' · first member of the nltcrnattve media to rc- Ou1\g n pte jus • .. •

   

,the. 1 runi-High Corporal!on, the umbrc!b
; . . . . •.• ' .• ::'Ill .. ,,,.,,}; ...... i(l. • .. • ' t . • . . .
·1, : • ccrvc congrcsstonai press gallery cr,den!Jals. . But h1e: d!? ,_nqt; !let: ncr /rom.. •     orgamz:mor for busrncss !2
1\ .. . · . ; · ..: 1 • :. : • : ·-;, ..   •   1 :   .1:)\f<t • . , , ·. . ·
. \ :'. By A. J, Webwnan··:;;·.;<o:::,:•; -: ·;:·     -·1-'" .::: .;.: · ·: -'. ,, " · · ,
'f ' .Toni 1yus · :§f. · I.·c,;·;; " .. · l;i; ?elL ·Dnno neal nnd r. stui:ted the
,) ..- . fnends. I tdo\l«cd him. ,:·:·· :, . ·, ·, ' auqn- of, Lov9-;-nn ·npo!lltcPL yqmon a/ the  

  nnd Ctndy Dcknsc Commlltcc, Aaron Kuy
., , , , , , , • , ., . ,, ... - •• • · -··--. •t:.' • \'J_,.f '11 l '
.. " .. . I Hrst met hnn ml97! when he cumc to ,my • ..the. cquqtrY.;!,l•oreude· , 'irlt,:    

• eollemd money fur Tom ut v:mous West
; . '· i\lternnu; U,nlymlly,_ un_il,Pcc!·\YCr] Ptn)\lo;ne:.

rock cot.Icerts. l;ittl: know
·) .. . ' . Afterwords I om me our to dmner and Bros: thug for.trywg to put pohuq mto      

    that fom had 1nventcd po\m,·ol p:emg-later
· ... hi · · · · h · '' fil · E · ... f'thi ·r ·. "'uld 1 .. ,

"' ·
:·-; : :·. toldmc.li;<Jut _spnrt.JcJp:ttiDntncver{P ute m: s. ?mco , Yr .   Knis shtick-when he th;t\\' a, ..
:1 .,, .. :·of the antrwur movement-up to and 1nclud- my \o;
1
:stpJghtef!' Bob Dylan;   ?
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• p1c uta pornography commi$sioner tn 1970. ·
·I : > > .·ing \;ombing--,_while a_mcmber of the \yeath-. We creiy dose;' nne\ when r ivent into a 'st_ntc'_ '   .Very few other people \':ouJd _help Tom.
/ er Underground facnon of SDS, Pnor to o£ depression after Jolui and Yoko     B bm nnd Hoilman had cat led h1m u cop dunng
:. .. , joining the Weather Underground Orgnniza; mc,.imo npologiz)ng -19 ,Dylan, 'it was Tom       the Yippie-Zippie conJliet in Min:ni nnd we
' ' '"' • !• ,, ...... • • • • • • '
; tl?JJ 1 o_m had :1 _.htpp!C c;ommunc 'lf: me out of 1t. He   me t9 ..

label. _Ev¢ntU8!ly both Ab?1c and Jerry.
! hrs nauve Phoemx, i\monu, After the cops co after Bcat\e mnnuger Allen Klemwho had 11·'. <•·'l>\
1
.·1'·'' [ ,admitted th1s was the thwg to do. In
) . .. busted the plac_e _for LSD the commun: be-. allegedly cents on 'eael: · , Y'.'i,:fi\·F;;!•\·o,t;ii;_;,;·:', ;i • r.::-:: ; ',:, late 1973, Tom and Cindy were acquitted of
. . · came more polrncnl: Tom began to ed1t nn Bangladesh· bene!n LP,, lam told me he· · .:::,;" ·· ;:-::·',':·:· '1 i
1
• •.:, •.-,;:; ...... _,, all eh:uges, . . .. • .
t ..... · underground magazine called:Orp!rcus, caught Klein in ai1elcvnto( and punched him • : •. Tom, frazzled from the ordeal of trial,
[ :' .·'. · 1967, Tom beat his part of the acid rap and the h>nd:,;<i,·<;,. ":·, ..... :' . .': ·:·; .c.:\ TtOi. !'
1
·?ccwrc ,:,w_.en .Lxon was ·,came b"k to New Yor;: ·Jnd comimJed to
, . . mo••cd to New York City ;where he foundco . ·, .. Tom always had ii in. lor 'Abbie Hoflmnii nonuna!e?: ...

.lybnt ,·tJ:e ·FBI ·run the Press Svndicatc. A lew
· -' !>'- · . the Undcr,jroud Press Svndiratc, UPS was :and could n'ot uiidci·sinria \l'liyT,was friendlx · smce · 0e!' . .tned. to frnt;Jc ._him ,and 'weeks 1u ter he und Rc:' W'tii
1
er stowed,away
; .-: :· :· ' .\ r':':nced tl;ro)Jgh a, deal . Asb,i(atjd, :ro_rn·had :A ,h,''

,on, a :ship' ;1:irh -N :\SA: scientim.'·lrhis
'· ·,· ,., ; .: , ·g1v1ng Belt and .Howell the nghts' to .. m1-. putc .. oyer Sicq{,Tftts Book, .. whieq· they hnd sf,on,o; FuBel ,s
1
,

nmde),ha .episode. ' .. was- ngnt out 0f a Brothers
1 • ••·• · '· · • • r-1 h ·'
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, D · · c- b th... l· d . h·' · · d · h ld , · .. ormer-. :smtc 1-W o n =• atrate t e. · : . ·. · .· .. .. • . .r
., __ .,; ... -:.· .. ···.·cro,Jffil CUnuCrgrqUn preS$ .. Uttl;'gtuC. o._ WOf,C onlt cyagrCC tq 0 z·· .. '-•··· .,,.· .··.··.· .. ; • . -:.·.! .
'·; :·: ·,,. • .. : ·late 19G0s and early 1970s UPS served us ihe- .inent' ·triai:'Lo'my:home:,Ton\ ivoir; but 'the· Ippics-.. as,.come._ orwurd·.ano thut ·.;·.When Tom. return'ed he C<gan work 'on ·.
· · war room in the Underground Press's fight .':courtl
1
couldi)ot iriforcc-the ,the Jusuce Depoftlpcnt wanted him High Ti
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(s magazine, a slick
. ... for surl'ivuL The FBI's> <::olntcl :program In the sp(ing of· 1972,Jolti started UJc.Zip; 'tesufy nn4 who IS 'ed exclusively tO QtJigl, 'The' story 'of Hl'{h .
. ·' : ·' .against the undcrBround wis ii1 full swing Jiies.in 'reaction to Abbie Jerry's lack of Qunprangle Press Tim,es is publishing history, From a circtl'l'!i- )
and Tom did his best to combat it:·::·:\>_: ::: ;; Yippic > Jcadm!tip:, ThC'Zippies" pu i' on ·the nb_our.   .•!:[ _t9 tion- of Jess than 500, High Times bL'CUJ)JC :i '
· .. · .. · , Not· only· d!d Tom fight the intelligence first;Na\ional ,Marijltl\lla:·Dny Sniol:e-in in th.cm, · • : ·:,.: • ·; .::: ;::-, · million-dollur business in kss than a y,car.
. · , · · : ,. community,- he also. 11:enuftct' rips in tltt;. Centra\ ':i'ark.:.Jhar suntmcr -T0\1\. too}( the !lie UPS 'office'by' the To.m financed • his : publishing · veptttrc
.;_:,): ii: :   In 1970, Tom nr;,d st.:octsi_nz- Zip.s
1
::'t? ·   Fll f: Uiefu lie .was n mer!1bsr of the through : "Bob\Jy's" · sm?kc·;:',sy,> .
·:;; k·J+··f,-:.::cr,Dmd l'cCI boarded a s.tolen c.at\:dafluno   n:\u tha;·lus cot;undes Broadway thar.was.parunon;d '
;}.t a :t:Jge ;t,· .. /-I?;n;?c'r.       c!·- a:1d     • ·
fr.:'F- Jt \ild no     1:     tn Imn;. ··. ·. ;i .-.--) . • .• ·: Calll!::llt:d v1:   ___·_
..r ',' • ''· ,.   .• ,_,,:";, '•0 :: .•· .,·, >, ,; . II , • '---'----•·-· ---·---· . .:. _____ , ,--·------
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Conrin!lcW fram pdgl 8'/:. : : : ·, . . . . The only person who could pull out:.
each otha. holds that iomeouewho ·of tb.<!Se firs of was Jack, a former
tried to rip the pJace off e.c.ded_up.wearing a White Panther Pan:y leader. Jack took Tom.
Pair of cemeotplatfor::n sb.C>CS:.._ . .::· ;;>;-: ·-:. t(! a psychiatrist who prescribed tranquilizers
.High: -TitruJ and more·suc-. for him. In 1978, ·-.
eessfuL. Yet}:'om's . married. : :-: > >· ·. _:_. -c; . . ·,·_ ·-:"":\ :
_ ir:..Tom:.W2s afraid _that the."cop"· ·.· Recently; .Tom had become interested in _
label . the.,"Ylppi.!s. had. put on. him would ad..: the'punk scene and began-to film the Sex Pi£.. ·-. ·
versety, by 1975, .·tot's · American .: tour;..: Unfortun.:nely, :_they->:·
Tom had:lx:cilme eve.n more famous. for his thought he. was- a govemmeni: agent wlio was ::: .
rutrouS-.:>xide;panies.. than.   'making a film that would bt: used. in :_ .:
At truck,- .que.at.dejx>rmioo. Tom had to suy · .. :
"filled: with 1::m!<s of Jlitrous,:' C:!.rpve alf ' in hotel rooms wb.il:: the filrD..ing was going on:=.
. around '.M.mhart:m turning on. Toi:ri- htcausi he was afraid he might frea..'< ·out the- :: >
:iod the richer_!!.;: beCairie tht: - .'-. ?-=··';. ::: :-:;0. ;i-
·more he: usi:d his mooc:y as a catalyst .. He be-; .<: In' mid-197&,.' Jac.'< was killed while
gao. contributing ;housancL-. of. dollars to the _. to land ·on a clandestine airstrip in Coltimbia:.
Nationil   Reform· . A week killed Tom
Laws. Tom re.mamed a loyal Yipp1e that l:e beheved the DEA Special Operanons.
g.m tcr give us· free ads and good coverage in' Division Jack's air- ·;.?:-:
High regarded r om as someone who crafr,. since the _re'n:i3.io.S. of- a biro metrically
ha.d i the::·systeri:r. __ -and· retainect-·)l!S ··activated bomb were found in the  
  , .. __ i'; :: Toin !iad lost his friend . ..,. _{::'..f ;,:·:.: _
•. .-::>· 4 ·. -·:.. · "' . :· .. • • . •. . · . ... . -: . . . '\ . -: -. -: --.
-::·lid976 Toni at the Republican -"::::,_Around . this time .Tom's loft was broken
co·nven_tion. Cicy-":Duricg _a   __
demonstrano.n· Tom "Ftl.S beaten by- Secret several. fioorboards. .wcre- pned up,. yer.·. th::: .. r.;,:..t
Service agents who' were bY. hi's · only.! t[Ung GabrieQe's.
in:the ·-White .wedd.inli_ring_·_Tom ·w:JS shaken. by the
Press Co£PS=WbeaTom li.ad been de- ·.dent; which. be attributed. to a.secret
-nied-   ·Attorney William-Kuns.: into his
ruid.sued theSecief_5¢rvice -f Jie begari taking wife
a·fede:ra}-grim.d juxy in Brooklyn _him from ov:rdoing . . The.doak. of
Fo_r'- secrecy sprtadTover
cade bas<:d-oo the tesumony of Chic.Eder; a smother h1m. -On 16, 1978, at
high-level DEA informant who has been p.m.; while C9LD.iilg down from.
r:icteri.z.....;J. ·· as- "Mr.· ·M.arijuana!' in several Tom shot himself i.:l the bead at point-blank :. :-:.
ID.lgazine articles: The pressure- began to ·   had St:lyed hom_e tb3t "cl3y . ;_:,
build. and 'Tom started to go into J)<!riods of because she was wor.ioo 2bour him. She and·
e.'("'ut!me depression:.. He:: would assume a fetal Jim Drugus found l:0:n in a pool of blood. ·.
position, cover himself with a sheet, and re- There was a sm.ill hoi:: in his temple. .
main like mar for days. Atcne point he took · The news of Tom's death upset :1od de-
an overdose of Quxllurl<!S and stumbled over stabilized me. I r.:!ver thought it would end ·
to Gabridle aparu:ne.at, where be like this swce I rod P.O knowledge of his pre-'
colbpsed .. Gabridle and her friend Ji..-n Dru- vious suicide ancmpts. I beg:m to bbme any- .
gus.-.who wvrked. in· Tom's boOkstore across one who·wa:S tundy .far his demise. My f:t vor-
1
fmm V-lbridk's_ aparoneot, · t ook him to ire syrt:bol of resi m nc-! became·a symbol o.f
Bt:Uevue his stom.1ch was pump<!d. the u!umarc su.r.ender. E:l

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SUPREME COURT: STATE OF NEW YORK
COUNTY OF NEW YORK
                                        ~   ~   ~                 ~   x
CHIC EDER,
Plaintiff,
-against-
ALAN J .. WEBERMAN, a/k/a, A.J .
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC. I
Defendants .
-----------------------------------x
At a Special Term, Part I
of the Supreme Court of the
State of New York , County of
New York, at the Courthouse
at 60 Centre Street, New
York, New York, on the
day of , 1979.
Index No. 2206/79
ORDER
On reading the notice of motion of the defendants
Ryan and Murdoch, pursuant to CPLR 3211, to dismiss the complaint
on the ground that the complaint fails to state a cause of acti
as to them, and by the defendant, The Village Voice, Inc., to
dismiss the second, third and fifth causes of action against it,
on the same ground, dated January 30 , 1979, the · affidavit of
William J. Ryan, sworn to the 29th day of January, ·1979, the
affidavit of Rupert Murdoch, sworn to the 6th day of March, 197 9,
and the reply affirmation of Slad e Metcal f , Esq . , dated March
20, 1979 , all in support of said motion, the affirmation of
. 1* a
. $ S:SW¥4!ftP . .,. .\L _ __ g _ _ t._Xt - ' ·
QS 5 ; .... ;_ - s s .. s . .( ¥4 - p
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,I Hare Kahn, Esq. , in opposition to the motion, together •.vi th all
[of the pleadings herein, and the Court having issued its
I
\memorandum, dated Hay 7, 1979, with respect to said motion, it is
I
!hereby ordered that:
I -1. The motion to dismiss the complaint on the· grounds
';that it fails to set forth a valid cause of action against the
!
i defendants Hurdoch is denied, t_hout prejudice to a
:mot-ion, after discovery by plaintiff has been concluded, for
'
judgment based upon lack of advance knmdedge of the
article by said defendants;
2. The motion by The Village Voice, Inc., to dismiss
the third cause of action is granted, and the third cause of

action is dismissed as to each of the moving defendants herein;
3. The fifth cause of action se<>lcing punitive damages
is dismissed, but plaintiff is given leave to amend the complaint
to claim punitive damages as part of the relief sought in the
first and third causes of action;
4. In all other respects, the motion of the moving
defendants is denied.
Dated: -New---York,-New York
Hay 1979
J. s. c
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DAVIDS. MICHAELS
ATTORNEY A T LAW
1212) 867- 1170
J>//.1! ~ ~   i f ~
~ q f / ~ ~ ~ -/tJtJ-/7
June 1, 1979
Mr . A. J. Weberman
6 Bleecker Street
New York, New York
Balance due as of May 1, 1979
May 2
May 4
May 7
May 8
May 11
May 18
May 31
Phone: Kahn
Urge Metcalf re: summary
judgment motion and
review central
arguments .
Caversation Metcalf; read
motion.
Read summary judgment
motion papers twice.
Re-do DM affidavit.
Call Metcalf 4 times;
dictate.
Read f inal version,
call A. j .
Letter, phone, Metcalf.
Phone.
Metcalf, stipulation.
Total time for the month at $60.00
$156 .00
Pl us prior balance $103 . 00
$259.00
.1
.1
. 1
. 8
.4
. 3
.3
. 1
.2
. 2
2. 6
$103.00
hours
Amt . to be credi ted - minus $180 .00 Good cause credit
Balance due at this time. $ 79 . 00
Preparation of this bill taking about 3/ t.:. hour, has not been
charged.
'llnittb J)epartmrnt of Jutitict
OFFICE OF THE ASSOCIATE A TIORNEY GENERAL
WASHINGTON, D.C. 20530
JUN 2 9
Mr. Alan J. Weberman
Independent Research Associates
6 Bleecker Street
New York, New York 10012 Re: Appeal No. 9-1256
Dear Mr. Weberman:
You appealed from the denial by Administrator Peter B.
Bensinger, Drug Enforcement Administration, of your request
for records pertaining to Chic Eder.
After careful consideration, I have decided to affirm
the decision of Mr. Bensinger. Without Mr. Eder's consent,
even to confirm or deny the existence of records of the type
you seek would constitute a clearly unwarranted invasion of
his personal privacy. 5 U.S . C. 552(b) (6). In such c ircum-
stances, there is no agency discretion to act. 5 U.S.C.
552(a) (b).
Judicial review of my action on this appeal is available
to you in the United States District Court for the judicial
district in which you reside or have your principal place
of business , or in the District of Columbia , which is also
where records of the type you seek would be l o cate d i f any
exist.
Sincerely,
Michael J. Egan
Associate Attorney
By:
/
 
1nlan J. hea, r., Directo
of Privacy and Information A
INDEPENDENT R .
6BLEECKER STREET. ASSOCIATES
ONE. AJ WEBERMAN (212) 477-6243
A)50C. AG-
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DAVIDS. MICHAELS
ATTORNEY AT LAW
!212) 867-1170
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
FOR PROFESSIONAL SERVICES RENDERED
J/tuiC:Wn.-
Ak"U"   /t?c:?/7
May 4, 1979
Status of account prior to this billing: Credit $112.00
$260.00
$372.00
Credit during this month:
March
April
April
Total credits
CHARGES FOR TIME SPENT DURING THIS
BILLING PERIOD
16 through 30th
1 through 21st
23 through 30th
Total
minus credit
Balance due:
$ 35.00
$350.00
$ 90.00
$475.00
$372.00
$103.00 It(
fo -  

, - ,. 0
DAVIDS. MICHAELS
ATTORNEY AT LAW
(2121 667-1170
:1//..2
f( qf/ -/t/t//7
February 8, 1979
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
FOR PROFESSIONAL SERVICES RENDERED
Amount previously credited to your account
Legal services prior to February 1, 1979
Resulting net credit as of 2/1
Credit January 31st +
Credited February 6th
Net resulting credit as of February 6th,
prior to deduction for time subsequent
to February 1st
Legal fees for time s pent from February 1st
through February 8t h
Net credit to your account as of today's
date.

 
$ 35.00
2oo.oo·,
$
$275.00
$110.00
---------- -------------------------------------------=
..,
DAVID S. MICHAELS
ATTORNEY AT LAW
(212) 867-1170
Mr. A. J. Weberman
6 Bleecker Street·
New York, New York
FOR PROFESSIONAL SERViCES RENDERED
J/0c:Jmv .9/voru&e-
  .Ytltl/7
February 23, 1979
Net balance due and requested as of this date.
$67.80
DAVID S . MICHAELS
A TTORNEY AT LAW
1212) 867-1170
Mr. A. J. Weberman
6 Bleecker Street
New York, New York
FOR PROFESSIONAL SERVICES RENDERED
Prior credit to your account
Credit
Sub total
3//,..?
    -/00-/7
April 4, 1979
$112 . 00
$ 90.00
$202.00
Time spent from March 16 through March 30
Net credit as of April 1
$35.00
$167 .. 00
Credit
... .
. . .
AN ODD COUPLE: IN
PURSUIT · .
.- Of THE
 
CONNECTION
75 CENTS
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ALBERT GOLDMAN
REPORTS FROM-
.THE PALACE
· OFKING
DOPE
OCTOBER 18, 1976
he Colombian
Connection: Two Yanks
·· On 'tbe Road to Pot
By Albert Goldman .
"
. Marijuana-smuggling is the last survival of the rebellious
counterculture of the sixties. It is the Beatles' last song . . . "
Two middle-aged hipsters--one an
ex-college professor, the other a small-
time dope dealer and street hustler-
- Cleclde to mvestlgate tlie methods and
madness of marijuana-smuggling as a
follow-up to their earlier explorations
of the dope underground. They descend
upon Santa Marta, Colombia: a major
center of the international dope trade.
They put out the  
"1lrne smoke dealers rroTI;ihe states Jlot
to make a buy. The message gets
through. Pretty soon every bustier in
town is trying to cut into them. They
encounter an amazing assortment of
characters: beach bums, hippie tourists,
mulatto hit men, Guajiran Indians,
campesino grass farmers, shady ship-
ping executives, young hotshot Amer-
ican smugglers, crooked narcs, and cor-
rupt politicians--including the former
mayor of a Colombian city and the
governor of a Colombian state.
The odd pair of "investigative jour-
nalists" talk a lot of trash and strike
a lot of poses. Meanwhile, they' re tak-
ing everybody's picture and making
sneak tape recordings of all the dope
plotters' plottings. Eventually, on New
Year's Eve, at a family party at the
chief Mafioso's house, the whole scheme
blows apart and the reporters are
threatened with death. As they recoil
from the shock, tbey meet a young
American, a mere kid, who is more
deeply involved in the dope game than
are any of these conniving Colombians.
The young American gets them out of
their last bad jam. Triumphantly, the
hipsters return home to tell the world
all about " the Colombian Connection"
and take a bow!
Sounds like a late-model Hollywood
comedy- a kinky, dopey twist on All
the President's "Men-doesn't it? But
it's an accurate precis of Chic Eder's
and my recent adventures in Colombia,
where we went to get the story of how
marijuana, hashish, and cocaine come
up the pipeline from South America to
.the United States. Looking back on
our Graham Greene field trip, I'd say
we must have been out of our kugels.
Colombia is the Heart of Darkness. The
Land of Violence and Heavy Vibes.
Down there when they don't like you,
they not only kill you-they massacre
your whole family! They tie you to a
tree and fill you with a hundred slugs.
Or they chop things off! Colombians
are what the Mafia is supposed to be
according to Hollywood. The Colom-
pian Mafia makes the Sicilian Mafia
look like a bunch of fat pussycats.
So what the hell am I -doing down
there? A middle-aged Jewish intellec-
tual and Columbia professor? A man
who bas never had a p"arking ticket (be-
cause he's. afraid to drivel). Who's up-
set if he misses a night's sleep. Who
figures be's had a hard day when he
has to correct the proofs of his latest
entry in Who's ·who in the East. What
the hell is a nice person like me doing
down there in the Heart of Darkness?
Well, like many scholars, I do have
my kicks. I am obsessed wi"tb the un-
derside of American society. I have a
conviction that whatever is forming un-
derneath the rock will soon reach up
and cover the whole stone. That is what
happened with the so-called counter-
culture of the sixties. That is what is
happening with the dope culture today.
Dope-smuggli ng is· the last survival , in
fact, of the rebellious life of the Rock
Age. Smuggling is the Beatles' last song.
It's also a time-loop batk to the Gatsby
age, a reenactment of our most cher-
ished moments. If at this very moment
you could switch on a magic TV screen
and dial it to DOPE, you would see an
astonishing repl ay of that classic ·drama
of the twenties : Prohibition. You'd see
the same game of cat and mouse played
between the smugglers and the coast
guard, played farther and farther out
to sea for ever-mounting stakes. You'd
even see many of the same faces that
flashed on tabloid pages and silent
screens of the Roaring Twenties, as
hard. fast-talking New Yorkers and big,
rangy, twangy Texans descend upon
Central and South America to make
their deals with · the natives and wrest
their desperate profits from the epic
battle with waves, guns, jungle, hi-
jackers, secret agents, patrol boats, and
stateside sheriffs and cops.
You' d .see the mon\.lmental corrup-
tion of Chicago and C_icero: whole cit-
ies in thrall to criminal warlords, with
corrupt mayors and corrupt police
chiefs and corrupt ·representatives in
the nation's capital. You'd see the
Mafia resurgent in the AI Capone style,
gunning down its enemies en masse am;!
shooting up international airports and
public squares just as it did in the
twenties. You'd see treachery and bru-
cc 'vvc never drca1ncd otlr lives were on the J i ne . n

\
- - ------ -- - -
" ·.· By Colon1bian standards this house is a palace. So, it foll o\vs
I am an honored guest at t he Palace of .K.ing Dope ... "
tali ty beyond belief.
Yes, gang, America has done it
again! Taken some basic human ap-
petite and suppressed it so arbitrarily
and stupidly that there isn' t anything
left to do but break the law at an ap-
- palling cost in lives, money, and public
morality . . And the Chicago of Mari-
juana Prohibition is Colom!Jia, a long,
long way from New York City. But it's
there, baby! With all its rank, corrupt,
and evil glamour. ·
Nevertheless, when my partner, Chic,
and I · went down to Colombia, we
hadn't the faintest idea of · what we
were getting into. We never dreamed
that we were laying our lives on the line.
I· figured we'd work pretty much as
we had in New York on the previous
story. l'd sit in a comfortable hotel in
Santa Marta, a well-bespoken Carib-
bean beach resort, and Chic would
beat the game into my nets.
The only thing that really worried
me was whether Chic would be able to
into the local dope dealers, "What
about the ·language barrier?" I would
- press him. "Don't worry; AI," he'"d
assure me. "I lived for years with them
:. Chicanos in the California  
didn't 1? I got that licked." "Okay, but
what are the chances that you can just
walk into that scene and get people to
open up to you? What have you got to
ofler them?" "AI, I know my game,
I'll go down there ·w1th lots of trading
beads. J'm gonna borrow that new
Polaroid SX-70. Them dudes love to
have their picture took-if you don' t
walk away with the negative. Get it?
Then I'll take my kite aloi).g." "Your
kite?" "Yeali, when I put that
dragon up from the beach, people'll
come runnin' to me."
So with this bait and his trusty Sony
TC 55 tape recorder," Chic Eder took
ofl one December morning on the New
York-Miami-Barranquilla dope run.
The day after Christmas I rouse my-
self from my holiday lethargy and fly
down to meet him. Before I can say,
" Hello, how are you?" Chic is bark.:
ing commands In idiomatically accented
Spanish and strange people are pop,
ping out of the darkness, taking my
bags, shaking my hand, and leading me
to a shiny little car into which I am
loaded as swiftly and neatly as the
bags, which are tossed in .the trunk.
Flicking his away, Chic gets
Dial ·your magic TV screen to
. .
;ca· NEW YORK/OCTOBER 18, 1976
into the front passenger seat and or ders
the driver to take ofl . With a screech
and a lurch, we plunge into the night,
heading off from the international air-
port at Barranquilla toward Santa Mar-
ta, two and a half hours distant.
The Trans Caribbean Highway, so-
called, is a perfect symbol of the coun-
try that built it. The highway can 11ever
make up its mind whether it's a mod-
ern . high-speed express artery or · a
1930s two-lane blacktop or just a plain
dirt road out of the rustic psst. Basical-
ly, it's a free-for-all. Every sort of ve-
hicle from an elaborately decorated bus
to a dirty farm truck is out there blasting
through the hot tropical riight with its
accelerator down to the floorboards.
Like the house of horrors in the amuse-
ment park, the ride is punctuated with
catapult stops, shrieking · turns, and
sudden roadside "flashes. One moment
we' re streaking by a gari shly lit . bo-
dega, its front removed, its staqks of
pots and pans and beer bottles glaring
out as if caught in a limelight. The next
moment , w·e·re f}jtting by a dim Asian
silk screen of floating houses standing
on sticks, like the habitations of pri-
lake .dwellers. Finally, after a
couple of hours relieved only by incon-
gruous exhortations to "Lay back!" ot
"Relax! " I land on a hill overlooking
a twinkling valley in which lies the
city of Santa Marta.
. A group of people is gathered on the
porch of a bungalow. They' re talking
and drinking like suburbanites at a
cocktail party. They don't.look like the
kingpins of the South American drug
trade to me; frankly, they look like mid-
dle-aged losers boozing it up with their
dolls. Chic makes introductions all
around; I don' t understand a word that
is spoken. ·Ail I can do is smile and
smirk like monkey. The first clear
impression I get is when somebody
shoves a bottle of Johnnie Walker Black
Label under my nose and pours a shot
th!\t would put most men into ·cardiac
arrest. Just pure booze: no frills.
the i;>ungalow is strictly no-frills,
too. When I step into the bathroom, I
realize I'm in Fllnkyville. The toilet is
squat and filthy and not ·furnished with
a seat. On the sink there is no hot-
water tap. The tub is a 50-gallon oil
druJD. When I glance into the adjoining
room, I see two naked black children
lying sound asleep on a bed.
After a scrappy meal of chicken and
rice, consumed standing up while the
dead chicken' s brothers and sisters strut
past our feet pecking at the bits of food

that cV"op from our plates, the party
ends, ' he guests depart. Through a
• dense fog of exhaustion, I hear Chic
telling me that he and his girl of the
moment, Mary, are living in this house
because the hotels are full. This is the
height of the Christmas vacation sea·
· son; it's impossible to get a room in
Santa Marta. "That's great!!' I growl,
as I throw myself down fully clothed
upon a dirty bed.
Next morning, I get up early, eager
to enjoy the tropical sunrise. I stroll
out on the porch and cast my eyes
down the valley. "Jesus Christ! Where
am I?" I exclaim as I stare in disbelief
at the disgusting scene that lies before
me. Strewn down a dusty, stony slope
without a blade of grass are the tin
roofs, crumbly walls, and water-can-
toting waifs of. a typical South Ameri-
can slum. For one moment I stare at
this squalid picture; then, for the first
time since I left New York, my mind
awakens. I get a flash. This house-so
crude, so dirty, so slummy by Ameri-
can standards-it's the best house in
the neighborhood, isn' t it? It sits on
top of the hill, it has running water,
it's owned by an absentee owner who
loans it to friends . Ipso facto: It must
be the house of the slum boss-who is
probably the big man in the local dope
trade. Yes, that's it. By local standards
this house is a palace. Its owner is
king of the dope trade. So .. it follows
that I am an honored guest at the Pal-
ace of King Dope in Santa Marta.
Santa Marta is your classic South
American banana port. An arm of vol-
canic mountain slung around a couple
of rusty old freighters ... a palm-dotted
esplanade trying hard to look like Co-
pacabana ... a statue of Sim6n Bolfvar
on horseback . . . a waterfront tonk
strip, siesta-sleepy during the long hot
day, but at night- Panama Hattie!
This first morning Chic and I de-
scend in his car to a Humphrey Bogart
hotel at the end of the quay. Over a
breakfast of fried eggs that reek of rot-
ten oil, Ctlic brings me up to date.
Chic has caine down to Colombia
full of his usual overconfidence. After
one night on the town, he realizes that
his Chicano prison Spanish won't get
him a decent meal, much less a good
seat in the dope game. So, in Barran-
quilla, he tracks down an American
dude who introduces him to a kid who
tells him about another kid ... . To make
a long story short, he meets Cesar. one
of the major characters of this narra-
tive: our interpreter-a young, Afro-
headed kid of nineteen who not only
speaks pretty good sing-song English
but shows a lot of street savvy.
The fi rst thing they do is rent a
car. A n.t<utal a logi ... :tl an
Anter i..::m trav.:l re'L, , in1,
a rul.>m Bll t i11 CoiL .
1
i.• r.nt:r•g
((The Colombi:ans. are spellbound by Chic.''
a car is an act second in danger only
to making a pact with the devil. Cars
in Colombia are like cows in India.
They are regarded as sacred and can
never be killed. Even the oldest, most
decrepit piece of junk, shlepped down
from· the used-car lots of Perth Amboy
or East St. Louis, is regarded by Co-
lombians with veneration .. A Colom-
bian will exist on a diet of rice and
beans, live in a shack fit only for pigs,
starve his children, ·l!nd beat his wife,
but when it comes to his car-ah!
then, sefior, he is a lover; a father, a
believer, and even an artist. Cars in
Colombia are adorned like totems. The
surfaces of these ancient Fords and
Chevies are tattooed like the 'skin of a
Maori warrior.
On a ground of primary red or biue
or yellow is built up a visual .design
comprised of lines, ovals, squiggles,
and striking representational motifs.
Leaping jaguars, voluptuous women,
thrusting, penile aeronautic shapes al-
ternate with cozy domestic accommoda-
tions, like draped and tasseled curtains
on the windows or draped and tasseled
curtains painted on the windows ! The
windshield always sports a fringe of
jiggle balls and tassels, the hood a
couple of fake sports-car air intakes,
the fcnders variou..; embos,.:d orna·
m.:nh and design). T h:: " hole \ Chi cle
bc:..:,Hth .. ' a pop·::rt Sdtl ptur.: of the
n.t·:· . ..: coJc,rillg·I,,J,)k pr ...H, n.llhX.
Naturally, this vehicle is spotlessly
clean. Anything that can be done to
increase its beauty or improve its effi-
ciency is done, even though the owner
is desperately in need of basic medical
attention. You get the idea. So, in un-
dertaking to rent a shiny new Renault
4, Chic was making a deal whose terms
he did not fully comprehend. Hertz
Rent-a-Car Barranquilla saw the trans-
action as practically a blood bond.
Now the game shifts to Santa Marta,
capital of Magdalena Department and
gateway to the Guajira: the Klondike
and Yukon of the new gold rush. Chic
and Cesar don' t know a soul in town,
so they. start cruising the streets, look-
ing for action. Chic bops all over town
buttonholing strangers, leaving his call-
ing card (which · sports a portrait of
him smoking a JOint and the words:
the name, smoke's my game") .
one of the Colombians can read En-
glish, but it makes no difference. They
are impressed. He must be a star, a
big celebrity. Right? No, wait a min-
ute! Isn't that a reefer burning in his
hand? Aha! That's it ! He's probably a
famous dope dealer. You know how
the Americans make heroes out of their
worst criminals. This man must be a
very big marijuana criminal.
Ovcrn ight the whole 10 '' n of Santa
Mana starts to bu7Z ::th<.)ltt thi , .:r..t . '
gr ing11   dcakr \\ hu hh ::0::!1.. J ... •\\ ;t
frorn the St.tk•s wi th n n.i ll t...rt d ... •JJ.,, ,
:':n ta, t 9:G, r. U / YOA•: 47

ON BUSY
"tHEREISAH
Deep water photography
gives up its secrets at Nikon
House. Nature
photography. Fisheyes and
people. Ma cro close-ups
and many other s ubjects
are explored.
There' s a new subject
almost every evening at
the Nikon Ho use seminars.
There's a place waiting for
you. Just sign up in advance
so you'll be expected.
There ' s no cost. Nothing
is for sale at Nikon House.
No homework either.
Bring your curiosity
anytime. There's always a
complete example of every
camera, lens and system
component with the Nikon
name on it.
On the walls of the Nikon
House gallery are the most
striking examples of camera
tools, techniques and
tale nts we can assemble .
Each month a new
collection is presented.
You're invited to learn
something every time you
visit. . . at Nikon House.
Nikon·- House
437 Madison Avenue ·at 50th Street, New York 10022
Open 10 AM to 6 PM Monday through Friday
Fly I cruises
American Express Style
$895-$2,000 from New York
on the T.s.s. Atlas.*
13/14 day
winter fly /cruises!
Ameri can Express has
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48 N EW YOnMOCT03ER 18, 1976
r.s.s. Atlas. we sail from Fort
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Grenada, Barbados, Guade-
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14-day cruises sail Jan 15, 29,
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come In or pho ne for free
brochure.
In New Yor k City:
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Travel Bureau in Macy·s IHerald Sq.l,
Gimbels 133rd. St.dl Bloomingdale' s,
B. Altman·s an A & 5 I Ful ton St.l
and a Colombian interpreter and a
brand new Renault 4. Ah, these Amer-
icans! They are crazy bastards! So reck-
less! So loud! They act as if the law
were a joke! They understand nothing.
It's dangerous to do business with
them. Still, they have the dollars. The
American money that goes so easily
into the Venezuelan bank account.
They have the little planes, the boats
with sails, the fast boats, too. What
can you do? A man must live. Even
this crazy gringo must be understood.·
What can it hurt to sit down with him
in a quiet, private place and speak a
few words? Ask him a few simple
questions like "How much you want?"
Or "You got a plane or a boat?"
By the end of his second day in
Santa Marta, Chic has discovered the
local dope dealer's hotel and procured
himself a room. The joint is called the
Yarimar, and it's way the hell out on
the edge of town down near .the beach.
It's crammed from top to bottom with
· cheap dope-hunting hippies indistin-
guishable from the contrabandistas and
their molls. When you walk upstairs,
you can cut the smoke with a knife.
The first morning, when Chic comes
down to breakfast , the manager intro-
duces himself and takes a seat at the
table. Over a cup of cafe con leche,
he confides to Chic that he has for sale
- right now!- 1,600 pounds of mari-
juana and six kilos of cocaine. Chic
smiles. "That's great, man. But I'm
gonna take my time. Look around.
Take my best shot, ya unnerstan' ?"
Then, before Chic can leave the ta-
ble, the next shift comes to work. A
flamboyant-looking Indian walks across
the room and stands before the table.
He's wearing a pumpkin-colored Ecua-
dorian shirt embroidered down the cen-
ter with ·tropical fruits and leaves. He's
got a Colombian Indian sash around
the top of his blue jeans. On his feet
are bright-red-and-white sneakers with
red-polka-dot laces. His brown Orien-
tal visage, delicately lined, with a sparse
mustache and beard, is crowned with
an American baseball cap. A massive
stone necklace with carved amulets rings
his neck and around his left wrist are
wrapped at least 30 strands of fire-red
Peruvian beads. Flashing a smile like
Charlie Chan, the cat says: " How
much you want?" Chic grins and says,
" Sit down." The Indian smi les even
more broadly, and lowering his face
close to Chic's, hisses: "You got a
plane or a boat?" Chic grew up on boats,
so out of thin air he throws him a line
that becomes his standard pitch in Co-
lombia. " I gotta 30-foot Tahit i ketch,"
he growls m hts most
fones. " It 's hc.:nh\·d in Nnw 1 ond I
,_lo:nl it ur "itb rb,: Grw,t    
Y:1 g t"'lL
- A t t h .tl nh.t l tk tlt , yet anl'fh•- r

shows up. Let's call him Fi-Fi. He's a
good-lobkjng, scar-faced young Span-
.ish Colombian with a passion for drink.
Even at this early hour he's brandish-
ing a beer bottle. He's the Indian's
partner. When he hears the magic
word ketch, he jumps into the conver-
sation. "You like boats, eh?" he asks
with a wicked leer: "I gotta boat over
in Taganga. I like to take you there
this morning and show you."
Taganga is where the Hollywood
film crews will go when the movie in-
dustry decides to make the first major
flick about the dope game. Picture the
tropical equivalent of a Norwegian
fjord: a deep ocean bay surrounded by
precipitous mountains that run down
to the stunning blue water like the
paws of a huge tawny lion. At the
back of the bay lies the village, a clus-
ter of low, blocky houses painted in
strong but faded colors. Before the vil-
lage lies the crescent beach, ringed with
wind-blown palms. The shore is lined
with huge red and yellow canoes, the
pirogues you're always reading about
in travel books and spelling out in the
crossword puzzle. "Primitive" is the
word for these boats, as it is for these
people: direct descendants of the Ca-
ribs, the Indians who were the original
inhabitants of the southern West Indies
and northern coast of South America.
As Chic surveys this piece of pure
nitrate-based 1930s exotica, he is prac-
tically smacking his lips. Without
anybody saying a word, he can vi-
sualize the whole operation. The trucks
hauling the grass over the mountain
road late at night. The fishermen up to
their waists in water carrying the bur-
lap bales on their heads out to the
schooner. The final handshake, the sails
catc::hing wind, the boat slipping fleetly
past the. headlands out to sea. Ah, it
is beautiful to contemplate. A sym-
phony in surreptitiousness.
Soon they're aboard Fi-Fi's 64-foot
yawl, which is anchored near the
shore. Fi-Fi takes Chic below deck to
show him the "work" that is being
done on the boat. One glance shows
Chic that the whole vessel has been
gutted. Lockers, bunks, galley, even
the head has been torn out, leaving a
perfectly empty hull. Soon this sailing
shell will be stuffed with Santa Marta
gold. Fi-Fi explains that by packing the
bales practically to the overhead and
sleeping through the ten-day cruise on
top of the load, they can haul, in this
one moderate-sized sailboat, ten tons of
marijuana to the west coast of Florida.
Ten tons of gold worth a million dol-
lars in New York.
When Chic gets back to the Yarimar
that night he is aglow with pleasure: .
His pk•y is worki ng be tter rh.·n could
ha\'t imagined T he   arc:
st nncl in
6
in li ne to du busi·
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Aru e-S JCi l iotA e· .. 5rJ
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" ... The Colombians are looking for someone whose appearance
will scream: gringo! So they figure Chic is just a local Latin ... '
ness with him. What he doesn't reck-
on on, however, is the fact that his
reputation as a big-shot dope dealer
from the States will strike some peo-
ple as an invitation to a ripoff. Kid-
napping is a highly developed racket in
Colombia, as it is in so many other
South American countries. When the .
word gets around that there is a mil-
lionaire American named "Cheek"
staying at the Yarimar, a gang of the
local hoods gets itself together to make
a snatch. Here's how it goes:
Chic is upstairs at the hotel that
' evening playing chess with a young
American dealer. Suddenly, ne hears an
uproar downstairs. Never . dreaming
that he could be the principal cause of
the commotion, he jumps up and runs
down the steps-straight into the arms
of the DAS, the Colombian narcs, who
are raiding the hotel. Seven rough-look-
ing dudes wearing civilian clothes and
brandishing pistols are herding all the
hotel guests into a back room, pulling
their passports and emptying their pock-
ets. As they push people around they
keep inquiring in loud voices, "Where
is Cheek?" When Chic appears on the
scene, none of the Colombians recog-
nizes him. Chic is sniall, swarthy, hawk-
faced, and mustachioed like a Mexican
bandit. The Colombians are looking for
someone whose whole appearance will
scream: gringo! When Chic pops in
sight, they figure he's just a local Latin.
They speak to him in Spanish and shove
him in a room with the other guests ..
Just then, Fi-Fi walks into the hotel.
When a DAS man grabs him, Fi-Fi turns
and belts him in the face. The moment
Chic sees his comrade raise his fists,
he leaps into action and attacks another
of the DAS men. The DAS guys are
prepared for resistance. One has filed
the front sights on his pistol to razor
sharpness. With practiced skill· he
smashes Fi-Fi across the nose, knocking
him to the floor, where he lies bleeding
from a hideous gash. Chic, too, they belt.
When Chic picks himself up off the
deck, he feels a light going on inside his
woozy noggin. He flashes: These guys
with their rough-cut clothes and rusty
 
Tr
1
;: o ; :. "' rL.
guns can't. be narcotics agents. Th
DAS has new automatic weapons-nc
nickel-plated .32s and old shotgum
You know what they are, schmuck
They're bandits! These scum bums ar
faking everybody out by posing as cop!
The oldest play in the game. The S1
Valentine's Day shtik. And you, idim
Jet them sucker you!
With that thought stinging him lik•
a scorpion, Chic leaps to his feet an•
starts racing up the stairs two at
time. He's running for the second floor
where he can climb out a window an•
drop on top of the escaping
He makes the window, throws it ope1
-but it's too late! The thieves are tak
ing off in three cars. A quick check o
his room confirms his suspicions. Whilt
the phony police search has been gc
ing on downstairs, the bandits hav•
cleaned out every room in the hotel
They got Chic's Polaroid, his tape re
corder, and $700 in cash.
The life of an adventurer is ruled b·
Fortune, and this lady dictates that fo.
'I
;

every tip of the scale in one direction
there be an ans\vering dip in the other
direction. Chic takes a beating that night
at the Yarimar, but the next day he
scores a major breakthrough. He is
having breakfast with the battered and
bandaged Fi-Fi. As usual they are talk-
ing business. Chic is saying, "Look, I
wanna work with you, but you're jes'
like me--you' re into transportation.
What I came down here to meet was
not another smuggler but the Colom-
bian Connection. You're gonna have to
introduce me to the Man." So Fi-Fi
takes Chic that morning to see the dude
who is supplying the dope. Actually,
there are two guys. (Whoever heard of
a dope business that wasn't some kind
of partnership?) One guy we'll call
Don Evandro; the other, Manolo.
Don Evandro is a small, elegant, dis-
tinguished-looking old dude, with fine
Latin features and a great deal of
charm. He comes from one of the best
families in the region, and for many
years he served as a judge. At the
height of his political career, when it
seemed certain that he would be ap-
pointed governor of the state, he was
forced off the bench for passing bad
checks to cover his gambl ing debts·. So
he swallowed the most bitter pill an
upper-class South American can stom-
ach: He went into trade. Chic is intro-
duced to him as he sits behind the desk
of a large hardware store in the center
of town, surrounded by coils of rope
: and sacks of seed.
. The other partner in this clandestine
. · operation, Manolo, is a much younger
man who also comes from a pretty good
family. He looks like an old-fashioned
, Latin movie star with wavy hair, melt-
ing eyes, and pencil mustache--who has
picked up too much weight. He runs a
small construction firm as his legitimate
business. (It was his "palace" that Chic
brought me to.) Needless to say, Ma-
nolo ·is the man who makes the deals ,
-· moves the goods, and takes care of the
money. Don Evandro is merely the po-
litical arm of the operation and its dec-
orous front. (He's also the only one in
the tip who speaks English.)
When Chic meets Don Evarrdro and
Manolo for the first time, he is con-
vinced that he has cut into the main
line of the dope operation out of Santa
Marta. That's exactly what they want
him to think. As hard as Chic works
to impress the Colombians with his
credentials, just so hard do they work
to impress him with theirs. Don Evan-
dro invites Chic to hi s ornate baroque
mansion on one of the city's main
streets. Manolo opens his safe and
sn ows Chic hi s money: about half a
mill ion in cao;h. Chic. w·ho's never hel d
o tlt(• :.1 di t "' it> hi , liL: b t'l pi ; cd
<l\', :•; pkolt)' .   th-: p.t• t of th big
J'.. .. , .. Yor:, dt' l'' d \\ itlo inf.o itc rc·
sources. Every day he drives up in his
shiny new car with his interpreter,
Cesar, at the wheel. He talks about his
wealthy partner back in the States who
will soon be joining the party. At the
drop of a hat, he expatiates on the
beauties of his 30-foot Tahiti ketch.
This rondelet goes on for about a
week, with each side countering the
other's professions of friendship and
demonstrations of power with answer-
ing professions and demonstrations:
Chic is in no hurry to bring matters
to a conclusion because he is bluff-
ing. The Colombians, for their part,
are accustomed to going very slowly.
Actually, Chic need not labor so
hard to ingratiate himself with his
Colombian connection. So far as dope
is concerned, Colombia is a buyer's
market. The supply of marijuana, hash-
ish, and cocaine so far exceeds the
means of transportation that Colom-
bians will do practically anything to
get the stuff off their hands. The stan-
dard asking price· for first-quality gold,
for example, is $40 a pound. The mo-
ment the buyer complains that this is
too much money, the Colombian con-
nection offers to " front" the grass-
sell it on credit-for S 10 a pound.
If the buyer gets through with the
' load, he owes the seller the balance
of $30 a pound. If he doesn't get
through-if his plane crashes or his
boat is seized or somebody hijacks his
load-the rule of the game is that he is
entitled to return and receive another
load on the same terms. This practice
of selling on credit is so common that
it has a special name: gorranando, which
is derived from de gorra, i.e., "without
paying." In point of fact, the buyer is
paying-and paying plenty-for the
grass, even at $10 a pound, because
the Colombian connection is buying it
at the farm for less than $7.
Most American smugglers provide
their own transportation, but if the
buyer has no plane or boat, he can
make a deal to have the stuff carried
in a Colombian vessel. The Colombians
load old freighters with up to SO tons
of grass at a time, and send them chug-
ging up the coast of the United States,
where they rendezvous at four or five
different points from Florida to Canada
with small. fast-contact boats. Almost
anybody can raise enough money to buy
or rent a couple of old cabin cruisers
or fishing boats which can run outside
the twelve-mile limit and pick up a
couple of tons apiece. The price for
this service is $80 a pound; but when
a smuggler runs the grass back to shore
it escalates instantly to $250 a pound.
When he runs it up to New York by
ro;! !, it j umps to a pClllll•l. If
he' , fannti c it uLtl m.t ing tnon·
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and makes the
year-round fun of
Pinehurst, N.C.
happen for you.
Combine a gentle climate with
one of the world's best natural
settings for golf and some of
the finest courses anywhere,
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speaks for itself. Add a sensa-
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have Pinehurst. To help you get
there, Piedmont has terrific
Pinehurst Hotel, Golf Course
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" .. . Colombian 3rnSS th;l t r·(l'<t s $6 a pound
can sell in New York City [or $1, 000 . .. "
they' re worth about   If the grass
is bagged in ounces, "dimes" and
"nickels," the value of a single pound
of grass that cost S6 or $7 in Colombia-
can be stretched on the streets of New
York to $1,000.
What the American smuggler wants
in Colombia is not a bargain price on
grass but insurance that the quality will
be high and the load will be at the
pickup point at the specified moment,
without any hassles and without any
problems with the police. The Colom-
bian connection, therefore, is not sim·
ply a dope supplier or warehouseman.
He is a dope factotum. He bas to or-
ganize the hauling and loading opera·
tion, engage the crews , and rent the
trucks and tractors. He has to rent
the airstrip and prepare it for landing,
furnishing it with whatever the pilot
requires: a wind sock, a radio, gasoline,
food, vodka, cocaine. He has to be able
to bring a boat in at night with blinker
signals . and provide a pilot familiar
with the shore. He has to be complete·
ly at borne in a labyrinthine network of
police corruption, which extends be·
yond the local to the federal police and
coast guard 11nd entails not only bribery
to look away from the crime but brib-
ery t o ride shotgun on the load and pro-
tect it against bandits--an interesting
switch on the customary duties of the
narcotics police! Above all, the Colom·
bi an connection has to be so well-con-
nected himself that he is aware of
everything that is going on in the com-
munity that could interfere with the
smuggling operations. He has to have
advance word when the central govern-
ment is sending down the army to make
a sweep. He has to know when Cus-
toms has decreed that somebody must
get busted to make things look good in
Bogota. Et cetera, et cetera. If the
nection is doing his job, he's worth
every penny of the $30 over cost that
he's charging the American smuggler
for every pound of grass that passes
through his hands. That's what Manolo
keeps drumming into Chic.
Chic, for his part, couldn't care
whether Manolo is worth his price.
What interests him is seeing with his
own eyes exactly what has to be done
to buy the weed and get it out of the
country. He tells Don Evandro or Ma-
nolo: "Look, I got a partner back in
the States. When he comes down here
and I tell him, 'These people got this,
these people got that,' he's gonna say
to me: 'Did you see it ?' If I can't say
I saw it, he's not gonna believe me."
That is a marvelous pl oy because it
keeps the stream of disclosures fl owing.
One day, for example, Chic is go·
ing on about how worried he is that
his 30-foot Tahiti ketch will run
aground coming into the secret loading
area. To still his fears, Don Evandro
introduces him to a tough-l ooking little
black who bears a striki ng resemblance
to Miles Davis. El Morro-the Moor-
is what everybody calJs him. His busi-
ness is loading small boats with weed.
Don Evandro explains to El Morro
that Chic is an important business
contact who needs precise informa-
tion on docking his boat. Would El
Morro show Chic just what he will
have to do to load hi s vessel? The Moor
thinks for a moment ; then he says he
will meet Chic at his hotel the fol-
lowing morning. They will get in
Chic's car and drive out to the Guajira.
The Guajira is one of the most leg·
endary lands of the dope game, a wild
and arid peninsula thrust out into the
Atlantic Ocean and ruled entirely by
outlaws. It was in the Guajira that Pa-
pillon lived his lovely idyll with the two
Indian women who were pearl divers.
It was in Riohacha, the principal town
of the region, that Papillon underwent
his nightmarish imprisonment in a dun-
geon that filled with water at high tide.
Chi c has been dying to get out to the
Guajira ever since his arrival in Colom-
bia, but the region is so dangerous that
even the Colombian Army is rel uctant
to enter it. When the army does make
one of its infrequent forays, it goes
heavily armed and often suffers the
casualties of war.
The next morning El Morro arrives
punctually at seven. something almost
unknown in Colombia. He is accom-
panied by two of his men, because no-
body ever, ever does anything by him-
self in a Latin society. Out along the
coastal road they drive about half the
distance between Santa Marta and Rfo-
hacha. They tum off the highway onto
a dirt road and roll down toward the
beach. When they get to the shore, they
are met by a ·watchman who is cradling
a shotgun in his arms. Then the whole
party takes off up the beach.
Eventually, the silently marching
men come· to a shallow river and plow
right through it. The water comes up
to their knees. A half hour later, they
come to another river. This time they
have to take everything out of their
pockets because the water comes up
to their waists. Finally, they come
to the river they are seeking: the
secret river, the smuggling river,

where the boats put in to be loaded.
The rainy ·season has just ended and
the river looks mean and swollen. El
Morro starts to undress. Chic follows
suit, pulling off his boots and and
standing there instantly naked because
he never wears any underwear. When
EI Morro removes his tr ' Users, he turns
out to be a bnghtly colored,
floral-patterned · bikini. Then he pro-
ceeds to explain that this river is highly
dangerous.
The instant Chic hits the water, he
starts fighting for his life. The power-
ful downstream current is sweeping
him out to sea, while the deadly under-
tow· is dragging him down into the
depths. Putting forth all his strength,
he barely manages to hold his own.
Meanwhile, EI Morro, who proves to
be an incredible swimmer, is diving to
the bottom and breaking the surface
over and over again, demonstrating the
depth of the water. Finally, both men
drag themselves out on the opposite
bank. Chic is winded but game. They
start to walk upstream, two little, naked
men: One is as white as the inside of a
radish. the other is black. Every ten or
twenty yards the Moor wades into the
river and demonstrates that in midstream
the depth is greater than his height. Chic
nods, signaling that he comprehends;
meanwhile, he's looking around in
every direction, spying out the lay of
the land. At the first glance he spots
the major advantage of this river for
smuggling: Its mouth is masked by a
sandbar so that when you gaze at
the shore from the sea all you see is a
continuous line of beach. As they ad-
vance farther up the bank, he observes
the encroaching rain forest gradually
close over the river, shielding it from
aerial observation. Pointing up at the
overhanging trees and vines, EI Morro
says: " Muy profunda!" Chic's eyes
narrow appreciatively. The Moor is
right. The river is virtually a tunnel
boring into the heart of the Guajira.
"Okay, okay," signals Chic, after
they have hiked up the bank a few
hundred yards. "You've sold me. Now
show me how you get the dope down
to the ship." The Moor signals his un-
derstanding and leads the way another
hundred yards up the river. Picking his
way through the green gloom of the
forest, he suddenly stops. He thrusts
out his arm, pointing off to the left.
Sure enough, there is a trail leading
'off at an angle from the riverbank.
Chic laughs with glee when he spots
this muddy track. "lt was the Ho Chi
Minh Trail , AI. hacked outa solid
jungle and full of footprints where they
carried down the last load strapped to
their b.1d:s. "
\\'i th th · husin.:s< of the d .. \ ..: ut1
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there's a waterproof liner and handy pouch. · .. extra
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First, though, they must make the long
trek back to the car. They could have
approached this spot much more cl ose-
ly in the car; but by parking near it,
they might have attracted attention and
jeopardized the site's security.
The walk back passes much more
quickly than the hike out. Soon they're
in the car and heading out along the
highway deeper into the Guajira. Once
more they pull off and roll down to-
ward the beach. ·
This time they approach a strange
and primitive-looking house, a kind of
Seminole Indian thatched hut on log
piles. A lean old Indian comes fort h
to greet them. He's wearing khaki
pants with no shirt. Around his neck is
a string of pre-Columbian beads big as
marbles. He's got a face like you'd see
on a Mexican coin. When he greets El
Morro, he seizes him in his arms and
lifts him clean off the ground. Then he
leads the way back to his house, shout-
ing instructions to his wife, who also
comes forward to greet the guests. She,
in turn, calls out to her maids and
then the whole party is assembled
around a table which is being laded
with every sort of food and delicacy
afforded by the region.
Soon Chic is able to infer that this
old Inaian is the local smuggli ng over-
seer. His job is to live close to the land-
ing site and supervise the loading
crews when the boats run in. He has
made many moves with El Morro and
regards his appearance as a sign that
soon he will receive fresh orders. The
meal is prolonged all afternoon. By the
time they get back to town and drop
off the men, it is 7 P.M. Chic has passed
a perfect day in Colombia.
When Chic completes this epic reci-
tation, two emotions come surgi ng up
inside me. I want to applaud him for
his daring and resourcefulness in bur-
rowing into this nest of crime and cor-
ruption. At the same time, I want to
raise hell about being put in the posi-
tion where, willy-ni lly, I am going to
look like a big-time dope dealer and
become the target perhaps for just such
a kidnapping attempt as had been
made upon him. There was no time,
however, to offer congratulations or
make protests. After an anxious in-
quiry about the hour, Chic jumps up
and declares that we must depart im-
mediately for Manalo's house in town.
The Man wants to talk business wi th
us this very morning.
When we inquire after Manolo, we
are informed that he was up late the
night before at the cockfights, but he
will be waking soon. Won't we just
ster out to tho: carr on and joi n his
\\hu a r ... h::1\ in:; :J k\•. cl r ill f , ?
1 h ' c.'lf' ·' l't jl '•)\;::, to be lll ll•:h lli <..L
th' th · hvu,._· It bo:crl do:-. . or .•


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like an arbor with vines and wicker
cages filled with chattering birds.
II} the carport is Manalo's father,
Gonzaga, a smiling old man who sits in
a rocking chair, supporting on his lap a
pretty little girl with big brown eyes,
whose stubby little hand is constantly
grubbing about in a box of cookies.
This charming picture of domesticity is
violated the moment the old boy opens
his mouth. He speaks English but he's
senile or drunk or both, because all that
comes out of his mouth is sing-song non-
sense phrases and scraps of old English
music-hall songs from 50 years ago.
Then I 'm presented to Carlos and
Lucas, who are mulatto hit men from
the Guajira. These two guys have ram-
rod backs, little hindquarters, dark
complexions, big brown eyes, very
curly short hair, and huge hands. One
other man is there, a white man who
looks like Walter Matthau. He intro-
duces himself as an agronomist.
As soon as we are se.ated, Carlos, the
better-looking of the two hit men, be-
gins to do the honors of the house.
Holding the bottle of Johnnie Walker
Black Label in one hand, he pours
whiskey into a glass held in the other
hand and shoves it first into my face
and then into Chic's. The style of the
dri nking in Colombia is crude, joyless.
and compulsive. It is like a game of
spi n the bottle. First the host pours;
then he looks about him for the most
likely candidate; then he shoves the
drink into your hand. You are supposed
to throw back-like a man- an amount
equivalent to four shots. [f you protest
that you don't want the whiskey, one
of two things will happen: Your pro-
test will be interpreted as a demand
[or some other kind of alcohol, in
which case the other two standard
drinks wi ll be broken out: wonderful
and costly Napoleon brandy or--can
you believe thi s?-Manischewitz wine!
If your refusal is not interpreted as a
request for another kind of booze; if,
God forbid, the host gets the idea that
you're reluctant to drink, that you're
just being coy or hard to get, this steel-
muscled jaguar. this pistol-packing kill-
er, who would just as soon blow your
head off as look at you, will suddenly
adopt the simpering manner and en-
ticing posture of an old-fashioned
B-girl. He'll hold his bottle and his
glass up in the air, and then. with a
killing look from his beautiful, soulful ,
brown Latin eyes, he'll plant himself
right in your lap and feed y_ou the drink
the way a mother feeds a baby. Can
you sec Chic Eder. with his pocked
complt!xion. bristl ing mustache. hawk-
like features, and skinny little sal a-
mamh:r body. suudcnly receiving into
I ! p 170 pound• of brown-p:1 nth..: r
kil l ' '! \\'._II. I t.:ll you. it brv tit..:
hv ) . irt ;\l .•·:,tl C:l

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greatest laugh of anything that hap-
pened the whole time we were down
in Colombia.
By I 0: 30 in the morning, everybody
is half-loaded. Grandpa is drooling
with senile dementia. The grim Guaji-
rans are starting to leak a little mirth .
Just then, the star of the show makes
his entrance, looking sleepy and be-
fuddled. Manalo has that spoiled Span-
ish look that comes ' from having been
the pampered boy-child in a macho
society. He's fat ·and sensual, his face
puffed out with starch and alcohol.
He looks ten years older than his real
age, · 34. When he sees us, though, he
smiles with great charm and explains
that he was up till dawn. After taking
one look at his father, who has now
passed out in his chair-with the little
girl still seated on his lap consuming
her coo_kies-Manolo indicates that we
should leave the house and go else-
where to discuss our business.
We get in our cars and drive up to
the palace on the hill where I had
spent my first night in Santa Marta.
Manalo produces a flamboyantly col-
ored hammock and rigs it with prac-
ticed skill, holding the rope end be-
tween his teeth, like a sailor. When
he's strung it up, he invites me to lie
down inside this soft, clinging body
snood. Meanwhile, the others have
dragged out chairs and inflated an air
mattress and prepared themselves as
Americans .might for a sunbath or an
evening of chitchat on the veranda.
I have no inkling of what is to hap-
pen; despite what Chic told me this
morning, I'm still thinking in terms of
investigative reporting, journalism,
writing, getting the story-all that non-
sense. I recognize dimly in the back of
my mind that these people must regard
me as Chic's partner in crime; perhaps,
judging from our respective ages and
appearances, even his boss. If I had
given any thought to the matter, I
would have realized that no Colombian
could believe that I would come all
the way down to this godforsaken
place and enter the company of dope
smugglers and expose myself to all the
risks of such a venture just to get a
story. Why take the · risks of a dope ·
smuggler without participating in the
profits? Later on it becomes clear to
me exactly how these people regard
me, how they see my clothes, my man-
ner, my relationship with Chic as signs
of great wealth and power. Not only
do they regard me as wealthy, they
are in awe of my age. Or, more ex-
actly, they are astounded that a man
nearly 50, a man with gray hair, a man
who obviously isn't desperate or a
hardened criminal , would be engaged
in a business as dangerous as smug-
gling dope up from Colombia. To be in
the, game at my age is virtually un-
heard of. It must mean something. It
must mean that I am a man of power,
a man who is protected by money or
family or connections. Perhaps I am
the Godfather?
Once the stage is set, Chic steps into
the spotlight by squatting down w.ith
his back against the porch rail so that
he faces the audi ence of attentive Co-
lombians. He's really in his element
now, chairing a sit-down in the Big
Yard and drawing on all his years as
a jailhouse politician and prison pala-
verer. He opens the conference like a
referee by laying down the rules of the
_game. Everyone is to speak in turn and
no one is to reply until the previous
speaker's words have been translated.
Cesar, who squats beside him, is ad-
moni shed to interpret every speech
faithfully, without shortcuts or dele-
tions. Now, having caught the audi-
ence's attention and established the
seriousness of our deliberations, Chic
goes into his act.
First, he establishes himself as a man
of goodwill. He explains that he is not
greedy-just ambitious. What he seeks
more than money is fri endship. When
a man has friends, he has everything.
When he has only money, he has noth-
ing. As Chic enunciates these fortune-
cookie proverbs, Cesar translates them
in a low monotone. The effect is hyp-
notic. Medieval. You can hear the
monks chanting in the cathedral. The
Colombians are spellbound. I'm im-
pressed myself-and I know everything
he's saying ·is nonsense.
Chic turns now to what promises at
first to be nitty-gritty dirt talk, but
soon evaporates into pure fantasy.
Staring earnestly at hi s audience, he as-
serts, " My proposition is simple. I gotta
30-foot Tahiti ketch, and I wanna load
it up with the fmest gold in the Sierra
Nevadas." Smiling disarmingly, he con-
fides, "My problem is-1 don' t have a
Iotta cash." Then, with a quick rush of
caridor, he says, "The reason is . .. "here
he pauses, turns, stares at me, and
smiles-"because my partner, here, AI ,
spends it quick as I can earn it. " When
this irresistibly human confession is
translated, it gets a big laugh. Manalo
rears up on his elbow from the air
mattress and says he understands per-
fectly; he has (Continued on page 61)

..
"
r r c I t l he c 1 {l s i c In c r i can r e c l j n g 1 fl
face of evil- t hat it j us t ain' t real ... "
(Colll ill ued f rom page 56) the sa me
problem with Don Evandro. No matter
how much money he makes, the Don
gambles it away at the tables.
Lying in my hammock, witnessing
every word, every gesture, every breath
of this extraordinary conference, I feel
that I am watching a movie; or rather,
to be more accurate, I would say I
feel far Jess than I usually feel at the
movies. Though I know that my part-
ner, Chic, is dying to load up a boat
with marijuana and sail it back to the
States; though I recognize from the
accustomed manner in which these
men listen to Chic's propositions and
their replies that they have engaged in
many such conferences as this one;
though I realize that this is your
typical Colombian dope conspiracy,
viewed close up like you' d read it in
a book-! still can't believe the evi-
dence of my eyes and ears. Looking
back on the whole Colombian adven-
ture today, I would say that was my
greatest failure down there: I could
never believe ;what was happening
right before my face. I suppose it was
partly psychological insulation: a pro-
found, morally grounded reluctance to
get involved in a criminal conspiracy.
There was also an element of naivete
· and ignorance of the underworld. The
principal reason for this curious emo-
tional disconnectedness was. however,
the feeling I always have in the face
of evil-that classic American feeling
-that it just ain't real.
As the conference nears its end,
with Chic rising to ever greater heights
of fantasy, philosophy, and playacting
(l think this performance must be one
of the greatest · moments of his life) ,
the mood of the meeting begins to
heighten and brighten and levitate to-
ward jollity. Reaching down into his
deepest well of inspiration, Chic hauls
up what he must feel will be the ulti-
mate Latin put-away. Turning to Cesar
with an air of Rooseveltian nobility and
phophecy, he says: "Tell them that
once the business gets going, I'm gonna
come back here and buy me a piece of
land in this country and build me a
house where I can live half of every
year." When the Colombians hear the
magic words casa, patria. vita, their
eyes light up, smiles wreath their nod-
ding faces, and Manalo, recumbent all
this time on the mattress, rises up and
speaks vigorously. Transl ated, his words
are: "I have just the land for you: a
place where you can see the mountains,
you can see the" sea, and where no one
lives near you. There is only one prob-
lem: Our Jaw says that no foreigner can
live here for more than a month with-
out a visa, and with a vi sa only six
months. It 's too bad you have Mary
because our Jaw says that if you marry
a Colombi an citizen, you could li ve
here forever . I have a lovely sister. ... "
As he says the word sister, everybody
bursts out laughing. Manalo raises his
hand. Rotating it slightly at the wri st ,
with a comme ci, comme 90 gesture,
he smiles and says, " For business I will
do anything!"
So, on this note of macho humor
and dynastic fantasy, the conference at
the Palace of King Dope concludes.
After the Colombians have departed,
Chic says : " Next time we have one of
these meetings, AI, we're gonna get the
whole thing on tape." "Isn't kinda
dangerous?" I ask. " Not if we're
careful. We'll jes' have to stash the ma-
chine someplace close where it can
pick up the voices." " Yeah," I reply,
"but what's gonna happen when the
reels run out ? These Sonys make a buz-
zing sound when they stop--or a pop
when the buttons come up." " Stop run-
nin' scared, AI! " barks Chic.
Against my better judgment, I agree
that every time we have an interview
with one of the dope plotters, we will
make a sneak recording. It is a decision
that nearly costs me my life.
By this time, it is late in the after-
noon: check-out time at the hotels. We
decide to try to get me a room. Get-
ting into the car, we drive out to the
main highway. Instead of making the
turn toward Santa Marta, we turn in
the opposite direction and sweep down
the other side of the hill , twisting and
turning toward the next bay along the
coast , a resort area called El Rodadero.
The hotel Chic has in mind is called
the Tamaca Inn . From a distance,
driving along the highway or walking
up the beach, the Tamaca looks like
any modern cast-concrete building. It's
square and white and functional in ap-
pearance. When you get inside, how-
ever, and get a close-up of the construc-
tion, practically every surface, every
wall,ceiling,shower, or window . screams
CRAFT! The place is so badly built
that it wouldn't qualify as a cheap mer
tel in the States. Naturally, there is no
hot water. What gripes you even more
is the way the water pours out of the
shower and all over the floor. Or the
way the door to the terrace-with its
smashing view of the Caribbean and
the tropical sunset-,slams shut with a
noise like a pistol shot every time you
open the door to your room. Or--oh,
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HOUSE OF ALMONDS
P.O. Box 5125. Dept. MH ·
• Bakersfield. California 93308
                   
Street-----------
CitY- --------- --
State _ ___ ___ Zip _ _ _
L------------J
OCTOBER 18, 1976/NEW YORK 61
'
!
. l
i
t
.
---- ..          
' ' T 1G dooe VrlC'ationC'rS nrc a PTO\vinr- cl ass
... 0 0
of t1 avclcrs fr o1n SJJ1all -to\vn Arnerica ... "
push car where hard to find. Then 'e
go down, 'i de drags." " Sure," I think.
"1 t figures. Smack any car in Colombia
and it's even money you'll hit a dope
jackpot."
Once 1 get established at the Tama-
ra, I begin to observe my fell ow _guests.
They fall into three distinct groups.
First, there are the Colombians from
the . interior: prosperous families on
Christmas vacation enjoying the cus-
tomary life of a beach resort.
thge are the young Americans,
{rom the Midwest, who have come
down to Santa Marta to enjoy a CQ
beach holiday and get off on the local
dope They are dope tourists · a dis-
tinct and growing class of travelers that
- (or obvious reasons cannot he the tat-
get of heavy ads in the slick mags QI
RQSters on _eublic transport OU!'ticles
in the American Express magazine hut
who will someday account for a lot of
vacation dollars in certain ar e
at is so amusing about these
dope vacationers is the fact that they
·are very small-town-Americ.a. One
young woman tells me that she can' t
get over how happy her husband is here
in Santa Marta. He is a different man:
a lot of fun and very romantic. "What
explains it?" I ask. "It's the dope!" she
says, in exactly the same tone of voice
that her mother would have said, " It's
the salt air!" or "It's the country life!"
The Colombian government estimates
that 50 percent of its tourists come to
the country intent on buying drugs. The
best bargains in the land are certainly
marijuana, hashish; and cocaine. Santa
Marta Gold, which costs $60 an ounce
in New York- if you can ·get it-goes
for about $6 an ounce in Santa Marta.
Cocaine that is 89 percent pure-which
is as pure as sniffing cocaine can be
made-sells for $10 a gram. In New
York what passes for good coke costs
$100 a gram.
The important thing about all these
drugs is not simply their low price or
high _quality. To an American, accus-
tomed to being hassled, cheated, and
even arrested and jailed for possession
of small amounts of "controlled sub-
stances," the thrill of Colombia)s being
able to walk around the comer, knock
on the door, put down your money, and
pocket your goods. ·Not that there is no
danger of arrest: The narcs are every-
where and the hotel employees may be
snitches. Exercising normal precautions,
however, nothing is likely to happen.
In the event you are busted, a few dol-
lars gets you off.
The most interesting class of touri sts
arc the "players," the dope dealers in
town to make a buy. Sometimes they
are easy to spot: three guys sharing
a suite and spending a lot of time away
from the hotel on "business." Some-
times, though, the players are indis-
tinguishable from the dope tourists. We
met one your.g couple who were barely
out of their teens. They were married,
and they came from a little town in
Wisconsin. The husband looked like he
worked for Sears Roebuck. Yet this
bland little boy was actually a daring
do-it-yourself smuggler. He had arrived
in Colombia with $30,000 in cash in a
suitcase. He had journeyed all by him-
self up into the mountains, where he
had negotiated without an intermediary
to buy an entire field. Then he stood
by for several days while the stuff was
loaded and hauled out to a clandestine
airstrip. · He had paid off the cops and
arranged everything so that when be
flew down from Racine, he would have
the load waiting at the field. He showed
us a picture that he had had taken of
·himself sitting proudly atop a tractor
trailer buried in grass. He bad a couple
of uniformed, machine-gun-toting cops
in front of him and a couple behind. I
could see him showing this picture
back home: "Hey, fell as, get a load of
this Colombian hayride!"
The fact is that by and large·, Colom-
bians don't smoke grass: They grow it,
smuggle it, die for it- but they don't
smoke it. And why not, you ask? The
answer-to a Colombian- is simple.
They believe that when a man smokes
not the first or the second but the third
puff of the " marimba," be . goes crazy
and becomes a killer. He could kill his
brother, his mother, his own children.
That's why they call it "killer weed."
You, dear reader, have been brought
up to believe that all that stuff about
grass making men crazy and murderous
was just ·the delusions of an uptight,
bull-necked narc named Anslinger.
You have always been told that con;
trary to. the myth, marijuana makes
men cool , laid back, pacific not bellig-
erent. If you were to the history
of marijuana, however, you would dis-
cover that all the wild tales that An-
slinger used in his notorious propa-
ganda were tales that he had collected,
not invented. They were .tales in many
cases that came to him from south of
the border, down Mehico way, where
grass has always been part of the life-
style. Nor were those tales necessarily
fictitious. Look at it this way: Every
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hell! Isn't this ridiculous-a man plung-
ing into the Heart of Darkness com-
about the hotel plumbing!
When I awake on the morning of
my second day in Colombia, I feel that
I have finally gotten things under con-
trol. I am lodged in a tacky but pic-
turesquely situated hotel. I am. enjoy-
ing the peace and privacy of a single
room. When I come to breakfast, I
find . the menu I had anticipated:
tropical fruits, huevos rancheros, and
excellent coffee. "Ah," I sigh to my-
self with satisf11ction, "this is more like
it. Just like being on assignment for
Travel & Leisure." At that moment,
the door to the dining room opens and
in limps Chic like "The· Spirit of '76. "
"What happened to you?" I chal-
lenge him. Seating himself at the table
and gazing pensively across the room,
he replies: "We were just in a head-on
collision." "What?!" I exclaim, strug-
gling to make sense of this incredible
announcement. "We were driving down
here and we ran head-on into a jeep,"
he replies matter-of-factly. " I think my
leg is broken."
They had been driving down the ser-
pentine highway from the house to the
hotel, when they cut into the first big
bend. Cesar had drifted out of his lane
and into the oncoming lane. A khaki-
colored Toyota jeep was laboring up
the hill in that very lane. Everybody
saw the jeep. Nobody reacted, because
there was plenty of time to get back
into the right lane. The two vehicles
came closer and closer, their combined
speeds being about 70 miles an hour.
Then they crashed. Head-on. Cesar
had frozen at the wheel.
Chic, Mary, and Cesar were thrown
into the windshield. It is a miracle
that they weren't killed or concussed
into a coma. Even more extraordinary
was the behavior of the other driver. A
moment after the collision. he jumped
out of his vehicle- which had been
damaged only slightly- and threw his
arms up in the air in a gesture of abso-
lute exasperation. Then, without n sec-
ond's hesitation. he put his shoulder to
the heavy jeep and pushed it clear
across the highway until he reached
the precipitous side of the road. where
it fell away into the valley. Then. with
one last desperate heave, he shoved the
jeep over the edge. As it crashed down
the cliff, he scrambled after it in hot
pursuit. _
"What the hell does that mean?" I
exclaim, staring first at Chic, then at
Mary and Cesar. "Insurance," flips
Chi c. " Latin temper," giggles Mary.
" Dregs," says Cesar mo tter-of-factly.
whi k touching the cut over his
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64 NEW YORK/OCTOBER 18, 1976
" 'To Colon1bians, al l th:1l .,   g1·1··s
1 n a k in g 111 c n rn u r d c r o us is 11 o t a u c lu s ion ... "
drug's action varies enormously de-
pending upon the character of the user
and the circumstances in which he is
using the drug. The drug that makes
one person mild may make another
ferocious. In Latin countries, with their
cult of the macho male, their explo-
si ve outbursts of temper, and their uni-
versal access to firearms, the momen-
tary relaxation of inhibitions that mari-
juana produces might well lead to
violence and killing. Or so those peo-
ple believe who have the longest his-
tories of using the drug.
Because Colombians don' t smoke
grass, they have no quality conscious-
ness. All marijuana is the same to them,
from the finest grades to ' the worst
junk. When we got to Colombia, the
utopia of the dope smoker, we were
astonished at how poor the marijuana
was. Most of the stufi we got wouldn't
have rated better than "commercial" in
New York. It got to be a joke among
us how we had come all the way from
the States to find stuff that we wouldn' t
have paid a dime for at home. When
we'd ask why the stuff was so bad,
we'd get all sorts of excuses. The dope
was left over from the last har vest and
had lost its potency. It had been im-
properly harvested by farmers who
were afraid of the police and didn't
let it grow to maturity. The soil had
been exhausted by overintensive cul-
tivation. The knowledgeable farmers
had been supplanted by novices· who
didn' t understand the cultivation of the
plant. We were even given the classic
rural cop-out: that all the best stuff is
sent out of the country and only the gar-
bage retained for the local customers.
The climax of the whole Colombian
experience comes on New Year's Eve.
This holiday is big stuff. We are in-
vited to ring in 1976 at the house of
Maria, Don Evandro's mi stress.
Maria's there are the usual smiles
and salutations, the usual excessi ve
goodwill , and, as usual, nothing is hap-
pening. While Maria's rather predatory
girl fri end, Lucinda, drags poor old
Don Evandro out of his chair and makes
him partner her through an erotic Span-
ish dance, I take a walk down the block
with Cesar. The tiny little bungalows of
identical design are filled with parties
of identical design. Everywhere you see
young women, children, and old folks
trying to have a merry old time with-
out their men. " Where are the men?"
I ask our interpreter . "They're out
drinking with each other. Later they
go see their women."
Finally, as ihe midnight hour ap·
proaches, we drive over to the one
house that seems to me a sensible
place to pass the night : the home of
Manolo. When we arrive, the father is
al ready dead drunk and the wife is
walking around scowling. Manolo ar-
rives soon after us and wi th eloquent
gestures explains that it has been an
exhausting evening of family responsi-
bilities for him: one compulsory visit
after another, all of them accompanied
by much "Blah, blah, blah."
As a hoarse foghorn blows, signaling
the end of the old year and the begin-
ning of the new, the mood brightens
perceptibly on Manalo's patio. The
Black Label Seotch appears to drown
out the bad champagne. Mary gets up
to dance with the host , and he puts hi s
hand before his chest, palm for ward,
in a .coy and wonderfully Latin rumba
gesture. For one moment, it almost
looks as if we might have a party.
But no. We are in Colombia, the Land
of Violence and Heavy Vibes. As soon
as Manalo and Mary sit down after
the dance, Chic signals to me that
Mary has a tape recorder in her purse
and is taping the conversation. Like
a fool, I do nothi ng to avert the dan-
ger. In fact , I signal to Mary to move
closer so that the mike can pick up
the words distinctly. As usual Manolo
is talking Latin nonsense: ofTering
florid adverti sements for himself and
derogating the other people with whom
he feared we were thinking of doing
business. Every one of his self-serving
banalities is answered in kind by Chic,
who strikes me on this night and
several others during this trip as a
perfect man for a job in the U.N.-
where everybody talks for effect and
nobody means a word he says.
Theh in the midst of the platitudes,
the self-serving remarks, the smoky
Scotch, and the distant sounds of fire-
works, I suddenly wake up to the fact
that my life is in danger. Before my
astounded eyes, Manolo reaches over
and plucks a tape recorder from Mary's
handbag. I am paralyzed. Chic leaps up ·
and starts to .explain the machine's op-
eration, taking care to turn it off as he
quotes its price. For one second it ap-
pears that his explanations might be
acceptable. But no-Manolo's stare
turns black as he glares a t the little
bl ack box in his hand. He speaks
rapidly, angrily. "What's he saying?" I
bark at Cesar. "He says he could have
you killed for this!" comes the answer.
Imagi ne having your life threatened
through an interpreter, yet! What is
rhcr..: to >.J Y? " t )nn "t 100t :;.,J ·., h..: n I
• ·r
1
. : ,·.ll · '.c <' p. n: h a <.·,:,)"0
1
.:.·· ·n ., ·l ,· , t ·J.c y.a r
' , · , .. g :J •1, it
1
·• i :;s ,J lock."
r rr kl) , the n.: is nothing to say. We
have been caught red-handed.
The worst of it is that we have
behaved more crimi nally than this
crook! He, poor man, has extended us
the hospitality of his home. He has
put himself out to entertain us and
treat us as honored guests. And what
' have we done ? Behaved with the treach-
ery most Americans complain is typical
of Colombians. What's more, the whole
crisis has been engendered by an in-
credibly stupid and unnecessary act of
espionage. It is like something Rich-
ard Nixon would have done. Nothing
we could have recorded that night
would have been of the slightest value
to us. So why have we taken the risk?
There is no point in asking.
Chic is now insisting that the tape
recorder had been left on inadvertent-
ly, that we had been making a touristic
tape of the night's events for local
color, blah, blah, blah. All of a sudden
we' re journalists and not dope dealers
--or narcs. (Because that is one of
our fears : that Manolo will think we
are some kind of offbeat American
cops.) Manolo is ranting about his
honor and his intelligence: "You think
I'm stupid, that I'm a fool! I'm very
smart! I knew there was something
wrong when you took our pictures
counting money! Why always this fl ick,
fli ck, flick with the pictures?"
Then, extending his hand for my
camera, he announces that he is go-
ing to impound all our equipment
and have it examined by his "expert."
It might take a day or several days; he
can't say. But after he has listened
to the tape and developed the film, he
will render his decision-and take
the appropriate action. Then holding
out the camera and the tape recorder
by their straps, like a couple of sl imy
snakes, he marches into the house.
"This kills it!" says Chic to me, re-
ferring to his dope-dealing. " I hope it
doesn' t kill us!" I snap back. "You
guys got me in plenty of trouble now,"
whines Cesar. "He won' t hurt me,"
giggles Mary. "He loves gringas." At
that moment Manolo comes back on
the patio and plunks himself down on
a seat directly across from us. Chic
starts again with his explanations;
Manolo revives all his accusations. As
the cross fire of Spanish and English
ani:! lying rattles on and on, I find
myself becoming st uporous. 1 feel I
am actually going to sleep. Finally, I
hear Chic say that we should leave.
" No, don't go yet," says Manolo. "Well,"
say I, " if we' re not gonna leave, then
for Chrissake, let's eat! "
The moment I pronounce the magic
Viva !1 Cow!
f , j , "1.;;
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  for y·our piilc.Jk: n .e
Incomparable French Vanilla
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Now among the celebrated
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And _now, the legendary tast e of
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As you commence your
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the immortal words of \c
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•I • 1
':A ·coW-ON-
ISMAGNIFI
..
,,
I
I
1!
I
,
•'
. "
..
- .:' .;: ...
You may not recognize
our label , but you' ll
certainly recogni ze the
famous -label suits we
sew it into.
With the Biltmore label,
the suit doesn't change;
but the price becomes
considerably more
suitable for you.
BILTMORE
Clothing for the man.
149 Filth Ave. (21St.) 7th fl oor (212) 777-5840
Dally: 10-6 Sat: 9-5 Sun: 10-5
Moster Chorge & Bank Amcrlcard accepted
Tons of terrific. tees in 22 tempting t ones.
Long and short sleeve from 3.95-7.95. Buy
3. get a short sleeve free. Good whil e our
supply lasts. · . .
Other surprises as usual.
. .
.   -


'
5 West 30th St .. 3rd floor, 564-7040
Open: Mon. thru Sat. 11-6
Sorry no mail order -
, 66 NEW YORK/OCTOBER 18, 1976
" .. .I, t h c n icc s c 11 n 1 a r 1 1 ' y c ") 1 , -s i 1 • 3 e ') t u y-
ing guns to shoot it out wit h our assa:..s i ns .. . "
word eat the whole mood changes.
Suddenly, everybody brightens. The
women, who had disappea red at the
first sign of trouble, come fluttering
back: The light s go up, the music gets
louder, and soon the servants bring
forth the chicken and rice, which had
been prepared long before the mid-
night supper. We manage to swallow a
few dry mouthfuls; and then we leave,
quietly, apprehensively, each of us
withdrawn into his own thoughts. As
we drive home along the dark road,
we seem to congeal into a single glob
of human flesh. Chic and Mary an-
nounce that they have no intention of
sleeping that night at the house. I am
glad to have company in my room at
the hotel. Now that I am out of Man-
ole's house, my mind, which had felt
like a stuffed-up nose, suddenly
clears. It teems with images of dan-
ger. Could he have dispatched a car
filled with gunmen to follow us and
shoot us down along the road? Would
he wait a few days and then order our
execution? "From now on," says Cesar,
"everywhere we go,-we'll have a couple
of Guajiros on our tai l."
That night I go to sleep in one
bed while Chic and Mary conk out
in the other. I am surprised that I
don't feel more fear. Actually, what
I feel is a kind of resignation. Que
sera, sera. It helps to have lived most
of your life and have done what was
most important to you. Then when you
face the end, you don' t suffer the pathos
of "Not yet! For God's sake, give me
one more chance!"
The morning after the fiasco, . I
spot a tough, primitive-looking dude
planted on a sofa in . the lobby staring
straight at the elevator door. When I
step out, he glares at me and i
stare back at him, . grimly. " Ah," I
think, "they don't ·tose much time,
these guys. Already we have our taiL"
After breakfast I . go upstairs and
find Chic lying in bed smoking and
. brooding. " AI," he replies to my ear-
nest inquiries, " I been 'in a lot of tight
spots in the joint : times when I had to
think things through and get the right
answer or I' d a been killed. Now this
ain't no different. We're not gonna do
nothin' funny till we get the answer.
And these dudes ain't gonna start
bustin' caps until they're sure. If that
guy'd been really hot, he'd a blowed us
. away last night."
I don't find this speech totally re-
assuring. I want to do something. I
look about me. Every minute a new
threat, a new danger suggests itself.
What if Manolo sends h is men up to
search the room while we are away?
They would find aU our sneak tapes.
They would take them back to the
house, they would play them, they would
be enraged to di scover that we had
made recordi ngs of secret negotiations
and illegal conspiracies. "We've got to
get rid of these goddamn tapes," I tell
Chic. "Let's erase the goddamn things."
I have a very simple, a very primi-
tive psychology: When I 'm threatened,
I get angry; when I get angry, I get
hard and cruel; when I get hard and
cruel, I want to kill. Or as King Lear
put it so well: kill , kill, kill , kill,
kill !" So I, the nice scholar-pussycat,
suggest that we buy a couple of guns
and get ready to shoot it out with our
assassins. Chic shrugs that idea off
as ridiculous. Then I suggest that we
pack our bags and head for Barran-
quilla. We could lie low there for a
day and then jump aboard a plane for
the States. "You never run, Al. You
never turn your back. That's Rule
Number One of the game. Besides, you
wouldn' t get very far anyway. Them
dudes would really get scared if you
made a move like that."
Suddenly, I have an inspiration. " Lis-
ten, Chickie, why don' t we try to paci-
fy these guys? They're uptight because
we taped them and snapped their pic-
tures, right? Well, suppose we go to
them and say, ' Look, we know you
guys are upset wi th us. We didn't mean
any harm. Just to show you we're on
the level-here's all our undeveloped
film. You take the fi lm-we don't need
it (and we don't, Chic, we really don't!).
That way you'll feel more secure and
you'll see we don't mean any harm.' "
"That's it , AI!" snaps Chic, spring-
ing up from the bed. "You've booked
a winner, comrade! I 'm goin' over to
Manolo's right this minute. I '11 take
the film and lay it righ t in his hands.
That'll cool him out--quicker than an
ice-cube . maker."
With that, he's out the door and
off to the lion's den. For the next cou-
ple of hours, I walk around the hotel
as restless as a cat.
Fina.lly, at suppertime, Chic breezes
into the hotel. He isn't bringing the
answer we wanted, but he is bring-
ing good news. He had taken the film
to Manolo's but had found Manolo out
- as usual. Then, he had gone over to
Maria's. There he discovered Don
Evandro. He had told him the whole
story. Don Evandro professed to be
amused by it. He had taken the film to
I.
II
li
,,
- -------- ---
You may not recognize
our label, but you'll
certainly recognize the
famous-label suits we
-sew it into.
With the Biltmore label,
the suit doesn't change;
but the price becomes
considerably more
suitable for
BILTMORE
Clothing for the man.
149 Fthh /\ve. (21 St.) 7th floor (212) 777· 5840
Dolly: 10·6 Sat: 9-5 Sun: 10-5
Master Charge & Bank Amcricard accepted
Tons of terrific -lees in 22 tempting tones.
Long and short sleeve from 3.95-7.95. Buy
3, QJ:!I a short sleeve free. Good while our
supply lasts. · _ ..
Other surprises as usual.
. .
. f(__ .
PLUMJ\GERE
'NEW'YPRK
;
5 West 30th St .. 3rd fl oor. 564-7040
Open: Mon. thru Sat. 11- 6
Sorry no mail order -
' 66 NEW YORK/OCTOBER 18, 1976
" .. .J, the nic,; schola r l;u   buy -
ing guns to shoot it out wit l1 OLi t. assassins ... ''
word eat the whole mood changes.
Suddenly, everybody brightens. The
women, who had disappeared at the
first sign of trouble, come flutt ering
back: The lights go up, the music gets
louder, and soon the servants bring
forth the chicken and rice, which had
been prepared long before the mid-
night supper. We manage to swallow a
few dry mouthfuls; and then we leave,
quietly, apprehensively, each of us
withdrawn into his own thoughts. As
we drive home along the dark road,
we seem to congeal into a single glob
of human flesh. Chic and Mary an-
nounce that they have no intention of
sleeping that night at the house. I am
glad to have company in my room at
the hotel. Now that I am out of Man-
ole's house, my mind, which had felt
like a stuffed-up nose, suddenly
clears. It teems with images of dan-
ger. Could he have dispatched a car
filled with gunmen to follow us and
shoot us down along the road? Would
he wai t a few days and then order our
execution? "From now on," says Cesar,
"everywhere we go, we' ll have a couple
of Guajiros on our tail."
That night I go to sleep in one
bed while Chic and Mary conk out
in the other. I am surprised that J
don't feel more fear. Actually, what
I feel is a kind of resignation. Que
sera, sera. It helps to have lived most
of your life and have done what was
most important to you. Then when you
face the end, you don't sutTer the pathos
of "Not yet! For God's sake, give me
one more chance!"
The morning after the fiasco, . I
spot a tough, primitive-looking dude
planted on a sofa in the lobby staring
straight at the elevator door. When I
step out, he glares at me and i
stare back at him, -. grimly. "Ah," I
think, "they don't ' lose much time,
these guys. Already we have our tail."
After breakfast I . go upstairs and
find Chic lying in bed smoking and
. brooding. "AI," he replies to my ear-
nest inquiries, " I been 'in a lot of tight
spots in the joint: times when I had to
think things through and get the right
answer or I'd a been killed. Now this
ain't no different. We're not gonna do
nothin' funny till we get the answer.
And these dudes ain' t gonna start
bustin' caps until they're sure. If that
guy'd been really hot , he'd a blowed us
. away last night."
I don't find this speech totally re-
assuring. I want to do something. I
look about me. Every minute a new
threat, a new danger suggests itself.
What if Manolo sends his men up to
search the room while we are away?
They would fi nd all our sneak tapes.
They would t ake them back to the
house, they would play them, they would
be enraged to di scover that we had
made recordings of secret negotiations
and illegal conspiracies. "We've got to
get rid of these goddamn tapes," I tell
Chic." Let's erase the god damn things."
I have a very simple, a very primi-
tive psychology: When I'm threatened,
I get angry; when I get angry, I get
hard and cruel ; when I get hard and
cruel, I want to kilL Or as King Lear
put it so well: kill, kill, kill, kill ,
kill!" So I, the nice scholar-pussycat,
suggest that we buy a couple of guns
and get ready to shoot it out with our
assassins. Chic shrugs that idea ofT
as ridiculous. Then I suggest that we
pack our bags and head for Barran-
quilla. We could lie low there for a
day and then jump aboard a plane for
the States. " You never run, AL You
never turn your back. That's Rule
Number One of the game. Besides, you
wouldn't get very far anyway. Them
dudes would really get scared if you
made a move like that."
Suddenly, I have an inspiration. "Lis-
ten, Chickie. why don' t we try to paci-
fy these guys? They' re uptight because
we taped them and snapped their pic-
tures, right? Well, suppose we go to
them and say, 'Look, we know you
guys arc upset with us. We didn't mean
any harm. Just to show you we' re on
the level-here's all our undeveloped
film. You take the film-we don't need
it (and we don't, Chic, we really don't!).
That way you'll feel more secure and
you'll sec we don' t mean any harm.'"
"That's it, AI!" snaps Chic, spring-
ing up from the bed. "You've booked
a winner, comrade! I'm goin' over to
Manalo's right this minute. I ' ll take
the film and lay it right in his hands.
That' ll cool him out--quicker than an 1
ice-cube maker."
With that, he's out the door and
off to the lion's den. For the next cou-
ple of hours, I walk around the hotel
as restless as a cat. 1
Finally, at suppertime, Chic breezes ;
into the hoteL He isn't bringing the
answer we wanted, but he is bring-
ing good news. He had taken the film
to Manalo's but had found Manolo out
- as usuaL Then, he had gone over to
Maria's. There he discovered Don
Evandro. He had told him the whole
story. Don Evandro professed to be
amused by it. He had taken the film to
J
. .,
Two words
that pleasure
your taste
Blended Scotch Whisky· 80 Proof
• Popper Morson Co .. Edoson. N.J. 08817 • lmpo<ters
68 NEW YORK/OCTOBER 18. 1976
" ... T 1e big uyers are f     ':)
oft en fi nanced by \veal thy

... '
------------------------------------------------ -- -
flinch . He isn' t going to gi ve up any
information that would threaten his
operati ons. but he doesn't mind tell-
ing me aU the moves on the board. He
knows them well because he has been
playing the game for years. Though
he looks young and innocent , he started
early and has played hard. He says
he is worth S4 million and I believe
him. As the hours go by and the con-
versation grows ever more revealing, for
the first time in all the many months 1
have been researching the marijuana
story 1 begin to get the picture of how
grass is really smuggled into the States:
The dope game in the Guajira is a
travel business. The head of the clan
will be an enormously wealthy and rel-
atively sophisticated man Jiving in a
big city like Barranguilla. He will have
under his control two hundred war-
riors wearing Join cloths and carrying
AR-15 automatic rifles or Israeli sub-
machine guns. Every man will have a
specific job: driver, porter, guard, look-
out. They will collect the grass grown
in the hundreds of little mountain farms
They off-l oad their cargoes into trawl·
crs whi ch off -load in turn ont o cabin
cruisers and sai lboats that scat ter in
every direction. Even if one of these
little boats get s hit , the rest escape.
When the lighters come in, they are
met by off-loadi ng crews that have
been " duplexed": that is, there are two
independent crews for each boat. Each
crew is positioned in a different area;
each one is keyed up to do the job. At
the lost possible moment the decision is
made which crew to use. If an under-
cover agent has infiltrated the gang, he
has only a 50-50 chance of witnessi ng
the operation. The ofT-loading crews
are so efficient that they can unload a
couple of tons in 'twenty minutes, pack
them aboard a fleet of campers and
vans and send the dope racing out
across America before the police have
even begun to suspect that something
funny is going on in their neighbor-
hood.
I had gotten what I had come for--
the anatomy of the Colombian Con-
nection.
and bring it down to a central ware- Next day Woody comes back and we
house where 30,000 or 40,000 pounds talk again. This time he te11s me that it
will be made available for inspection. is foolish to sit around in this hotel with
When a buyer comes down from the the whole area crawling with cops and
States, he is passed through a series df narcs and hit men. If I want to know
checkpoints until he reaches the ware- more about how the game is played,
house. There he picks out whatever he I should leave with him the next day
wants and gives the order for how it is and go out into the bush to a protected
to be baled. When the grass is ready finca where we could speak in perfect
for shipment it is loaded on trucks and privacy and where our safety would be
taken along a maze of trails across the guaranteed by well-armed bodyguards.
desert wasteland to either a secret dock- The idea appealed to me. Ever since
ing-site or one of the three thousand our scene on New Year' s Eve I have
landing strips that have been built on been waiting for the axe to fall. Noth-
the peninsula. ing has happened, but who could say
The big buyers are American syndi- what would occur 1f we sat around
cates that are often financed by wealthy here much longer? I tell Chic what
professional men: bankers, lawyers, Woody has offered to do. Chic is
doctors, all secret partners. These syndi- skeptical. He is also busy. He has
·cates own fishing, shipping, and food- just met another dude who has offered
processing businesses that a·re Jegiti- to take him .up into the mountains
mate fronts for smuggling. The syndicate where the grass is grown and show him
bosses are shrewd and resourceful men a fi eld of ripening gold, which is for
like the former mayor of Hallandale, sale. Finally, we agree to split up. I
Florida, John David Steele Sr., who would take off with Woody and Mary
pleaded guilty in April, 1976, to smug- · for the protected finca. Chic would
gling 22 tons of high-quality Colombian backpack up into the mount ains with
marijuana into a seafood processing his new friehd . In three days, we
plant on the Pamlico River in North · would rendezvous at the El Prado Hotel
Carolina. The shipment was made using in Barranguilla. From there it would
a huge 112-foot fishing trawler. These be easy to slip out of the country and
syndicates load a tanker with up to head home.
300,000 pounds at a major port in Co- A big sprawling river and seaport,
lombio and run it up the coast of the raucous and squalid, Barranquilla is
United States or across the ocean to where all the rich dope merchants live.
Europe. The big mother-ships never There is one whole di strict fill ed with
get closer than 60 miles from shore. millionaire mansions and another posh
..
district that takes its name from one of
the hotels in South America:
the •El Prado. With imposing citadel
walls and towers wrapped around a
beautiful garden and pool, this hotel
forms an oasis of calm and beauty in
the hot and hectic city. To us, it is
even more: a refuge from the. cru-
dity and menace of Santa Marta and a
stepping-stone back to the safety and
civilization of the United States. Once
I get inside its handsome, aristocratic
lobby, I don't want to step out again
until I get in the cab for the airport. .-
When the day appointed for our
rendezvous with Chic rolls around,
Woody, Mary, and I are already well
established in the hotel. Ask any smug-
gler and he'll tell you that the hardest
part of the game is the waiting. The
days and days of not knowing what
has · happened to your friends, your
comrades and your partners. After a
week elapses, it's a. forbidden but ob-
sessive subject. After two ·weeks, you're
reciting the prayer for the dead. That's
the way the game is played.
This. time Wf! are spared the worst.
After a delay of only 36 hours, Chic
shows up. A message on the public-
address system announces his arrival.
We rush to the lobby. He looks beat
but triumphant. As he strides down
the long corridor, we hear him singing
softly: "Mine eyes have seen the bud-
ding of the Santa Marta gold!" We get
him to the veranda and he runs the
story by us . .
The guy with whom he gone up
into the mountains was a black man
who claimed to have the best grass in
the Sierras. He was asking $70 a pound.
Chic said the price didn't matter if the
stuff lived up to expectations. They had
met-the morning after we had left. The
black explained that his neighbors were
very· curious about visitors, so it would
not be a good idea to show up in the
afternoon. They would arrive at sun-
set, sleep on the site, and then look it
over in the morning light before most
people were stirring. They had driven
out into the Guajira nearly as far as
the secret river, but instead of turning
off toward the beach, they had turned
toward the mountains. When the dirt
road ran out, they and hiked up
into the hills. By nightfall , they reached
a thatched sleeping platform.
Next morning, in the early light,
they climbed down! off their sleeping
platforms and went to inspect the field.
It was a small plantation, carefully dis-
guised. All the marijuana plants were
interspersed with corn and tomatoes.
From the air it wouldn't look like a
of grass. Close 1,1p, however, the
plants were large and well developed.
They had been pinched back carefully to
make them bush; instead of into a lot of
useless height, the strength of the plant
had gone into its girth.
The leaves were thick and the buds
were turning golden. In another week,
the fields would be ripe for harvest.
Chic had seen what he had come for
-the coming of the gold!
I won't tell you how we almost·
didn't make it to .Miami because the
Hertz manager who had rented us the-
car that Chic demolished caught up .
with him. How Chic spent another
night of his life in jail. How we man-
aged to pay off a huge sum to Hertz
in time to catch our flight. I'll only
tell you that at one point in all this I
bought a cup of tutti-frutti from a ven-
dor, an infantile concoction of crushed
tropical fruits , sugar, and ice. Smack-
ing my lips over this confection, I gazed
at the distant tower of a hotel in Bar-
ranquilla and thought: "Get% I'll prob-
ably miss all this when I get back to
New York." -
ON·YOUR
NEXT FLIGHT TO
SANTO DOMINGO
save
--- --- -- ------
service
FIRST CLASS SPLENDOR IN ECONOMY CLASS I
• With the personal attention of bili ngual stewardesses
and flight attendants ...
• On board n ew and modern BOEING 727 JETS ...
fl own exclusively by experts_
• Dally departures and arrivals, STRICTLY ON T IME, at t he
most convenient hours to fly !
• And all this for 15 Oj o less than on any other fi r st rat e
ai r line.
/""\ r:

P /u I
.. J / Th• .·I
a·HJ "":. ...
."c "..1'1 ,...,_ r:• · · r: ... ·
:- , N.Y .. .... J
r) , ', · ·, ; ;h" rnc.t ' J , ..   '( , _ _)
'1
•1-
(• lj

I .
NOTICE OF ENTRY
Sl< PLEASE TAKE NOTICE !hilt
h a true-certified copy of a
duly entered In the ol clerk ql   rtlthjn
namtld court
on
r


Index ... , .. ; .... ., ... ., .........
S[JPREME.CO\])<'f'j_STA'J.'E
COUNTY OF NEW YORK'
. , ' I; -' • • , . .'
. . ·-. ' \-:
79'
QF,l.'1f'!'/ YOj<K
Dated:



ROSENSTEIN & KAHN {
. .....
for ·
Office end Port Office Ad9reu
225 JJKOADWAY
J9
19
..
NEW YORK, N.Y. 1000)
To:
' '.
_Attorney for


NOTICE OF SETTLEMENT
. '
<:;Sir ; PLEASE TAKE NOTICE that ·:···. ·_., !\
./ an order tci
1
/t-'memorandum dated Mav. 7 l97q
'). of w.hich the IS a v-Jfl!     _··,
.,
for aettlement to Mr. Jusilce fralmap
one of the Justices of the w!thll"! parncoq
.
at 60 Centre Street,
onthe 25thiayof May
ut 10: 00 AM.
New York,
18 79
NY
. :•.-
Dated:
May 18, 1979
Yours, otc.,
)9
ROSENSTEIN & KAHN
AttQrneys for
Plaintiff
r!
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Office and Post Office Address
. I
225 BROADWAY
)·'
NEW YOI\K, N.Y. 10007
To:
David Michaels,
Esq
Attorney td'?lade Metcalf, Esq.
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Defendants.
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(212) 314-1438

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Attorney for· Defendants.
Serv]co copy of tre witr11n
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AI torney for
Blackstone Statiollers, Inc., 585 Merrick Rei., Lynbrook, 1'{. Y.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a / k/ a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.,
Defendants.
-----------------------------------x
DEFENDANTS' REPLY
MEMORANDUM OF LAW
Index No. 02206/ 79
SQUADRON, ELLENOFF, PLESENT & LEHRER
55 1 F I FT H AV E NU E
NE W YO RK, N . Y. 10 0 17
(2 12} 661 - 6500
Of Counsel:
Slade R. Metcalf
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a / k/ a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC.,
Defendants.
-----------------------------------x
DEFENDANTS' REPLY
MEMORANDUM OF LAW
Index No . 02206/ 79
This memorandum is submitted by all defendants in
reply to plaintiff ' s memorandum of law ( "Opp. Mem0 ." ) and
the af f irmation of Marc Kahn , Esq. , dated June 19, 1979
("Kahn Affirm.") in opposition to the motion of all de fen-
dants for summary judgment.
POINT I
SUMMARY JUDGMENT IS WARRANTED
HERE SINCE THERE IS NO
DISPUTE AS TO TWO MATERIAL ISSUES
Strain as he might to manufacture disputed factual
issues , to defeat summar y judgment , plaintiff Chic Eder
("Eder") seri o usly misunde r stand s the natur e of this motion
as well as the l aw of libel.
He apparently believes that
once a dispute arises as to the accuracy of any fact in
the article, summary judgment is unavailable.
If that
were the law, no newspaper would publish for fear of exposing
itself to severe financial liability for the slightest
error.
In order to sustain a cause of action f or libel, a
plaintiff must prove not only that a statement published
about him was false, but also that the statement was defam-
atory. See Rinaldi v. Holt, Rinehart   Inc., 42
N.Y.2d 369, 397 N. Y.S.2d 943 (1977), cert . denied 434 u. s .
969 (1977) . If defendants are able to show that the
statements concerning plaintiff were not defamatory, then
there is no need to consider the question of truth or
fal sity, since plaintiff wi ll be unable to sustain his cause
of act i on for libel. Eder concentrates on denying that he
ever testified before a grand jury in Brooklyn, while
avoiding the issue of whether the statement is defamatory at
all.
On the other hand, Eder again concedes that he was
a DEA informant (Opp . Memo . , pp . 8-10) , and does not contest
that he was a high-level one (Tr. 78). He objects only to
the implication that ·he was a paid informant. The article
only states that Eder was "a high-level DEA informant . " The
question of whether Eder was paid to be an informant cannot
possibly be material to the issue of whether the statement
-2-
about him is def amato ry .
Indeed, Eder concedes that in
effect he was paid by the government
1
s "quashing,. of a case

against him. (Tr. 79).
Plaintiff seeks, through innuendo, to expand the
obvious meaning of the words complained of to charge that
Eder was directly responsible for all the woes that befell
Forcade.
11
The court must decide whether there is a reason-
able basis for drawing the defamatory conclusion.,. James v.
Gannett Co., Inc., 40 N.Y.2d 415, 419, 386 N.Y.S.2d 871, 87 4
(1976). It should be clear to this Court that the reference
to Eder pertained only to his alleged testimony before the
grand jury (not a libelous accusation) and his association
with the Drug Enforcement Administration (not a disputed
fact). As in Moran v. Hearst Corporation, 40 N.Y. 2d 1071,
392 N.Y.S.2d 253, 254 (19 76) , where the Court of Appeals
r e j ected p laintiff
1
s reading of innuendo into the article in
question, this is a
11
trivial case
11
in which the article fe ll
" short of defamation as a matter of law ...
Eder makes little attempt to contest the reality
that he is libel-proof as a ~   t t e r of law. As muc h as his
attorney might like to hide his background, Eder at his
deposition candidly laid bar e his long criminal record.
(See the main memorandum in s upport of this motion for a
summary of Eder
1
s criminal exploits.) When asked initially
which group of people held a n opinion of him for t ruthful-
ness , worthiness and good character , Eder
1
s quick a nd s impl e
response was
11
0utlaws." (Tr. 7 3) . This Court should find as
-3-
a matter of law that Eder has no responsible reputation t o
protect.
In denying that summary judgment is appropriate
here, plaintiff's attorney relies upon and even quotes from
the case of Friends of Animals, Inc. v. Associ a ted Fur
Manufacturers, Inc., 61 A.D.2d 141, 401 N.Y.S.2d 78 (lst
Dept. 1978). On April 5, 197 9, the Court of Appeals
unanimously reversed the Appellate Division's order in this
libel case and reinstated the lower court's order granting
summary judgment in favor of defendants. N.Y. 2d __ , __
N.Y.S.2d , 4 Med.L.Rptr. 2503. In like fashion, this
Court should award summary judgment in favor of all de-
fendants.
-4-
....
POINT II
THIS MOTION FOR SUMMARY
JUDGMENT IS NOT BARRED BY
THE DETERMINATION OF THE
PRIOR TWO MOTIONS
Plaintiff has understandably overstated and mis-
informed this Court as to the nature and disposition of the
prior two motions brought on by some of the defendants. A
restatement of the chronology of the litigation will define
the issues before the Court.
On January 10, 1979, the undersigned attorneys
accepted service of the summons and complaint on behalf of
defendants The Village Voice, Inc. ( "VVI"), William J. Ryan
("Ryan") and K. Rupert Murdoch ("Murdoch" ) . In lieu of
answering, Ryan and Murdoch moved pursuant to CPLR 3211 to
dismiss the complaint on the sole ground that they were not
involved in the preparation or publication of the Article .
(See Exhibits "A" and "B" to the Kahn Affirm. ) Pursuant to
the same Notice of Motion, VVI moved to dismiss only the
second, third and fifth causes of action. The first cause
of action was directed solely against defendant A. J. Web-
erman ( "Weberman") and VVI specifically reserved its rights
to move against the fourth cause of action. (See Exhibit "A"
to the accompanying reply affidavit of Slade R. Metcalf,
sworn to the 28th day of June, 1979 [Metcalf Aff. "1 ) .
In an opinion dated May 7, 1 9 7 9 , Mr. Justice
Fraiman denied the motion of Ryan and Murdoch, but without
-5-
prejudice to a subsequent motion for summary judgment on the
issue of lack of advance knowledge. (Exhibit "B" to Kahn
Affirm.) The Court, however, did grant VVI 's motion to
dismiss the three cause of action. No notice of entry of any
order on that decision, has yet been served. (Metcalf
Af f. , 1! 4) .
Defendant Marianne Partridge ("Partridge") was
served with a summons and complaint on or about February 16,
1979. Pursuant to a Notice of Motion dated March 8, 1979,
the undersigned also moved pursuant to CPLR 3211 to dismiss
the Complaint solely on the ground that she was not involved
in the preparation or publication of the article. (Ex-
hibit "C" to Kahn Affirm.) Mr. Justice Shapiro denied the
motion, also stating that plaintiff should have an oppor-
tunity to complete discovery as to that issue. (Exhibit "D"
to Kahn Affirm.) There has been no notice of entry of an
order on that decision. (Metcalf Aff., ~ 4   .
Weberman, after being served with the summons and
complaint, answered, conducted the deposition of Eder on
February 16, 1979 and then made the instant motion for
summary judgment. This is the first and only motion in which
he has been involved.
Plaintiff contends, in effect, that the defendants
should not be given a second bite of the apple. However,
defendants are not asking for a second bite; they want a
first bite on the substance of the libel claim. Ryan,
Murdoch and Partridge were previously unsuccessful only on
-6-
the issue of whether or not the complaint alleged their
involvement sufficiently to require them to answer.
They
did not address the substance of the allegations. VVI never
moved against the fourth cause of action (the only one
remaining, other than the first which is solely against
Weberman), and, importantly , it was successful on the motion
against the other causes . Weberman has never previously
moved at all . The issues on this motion have not been
previously litigated.
The second point of the Opp . Memo. concentrates on
successive motions for summar y judgment. It is undisputed
that Weberman and VVI have not previously moved for summary
judgment. Even assuming arguendo , that the motions on
behalf of Rya n, Murdoch and Partridge were converted into
motions for summary judgment , the testimony of Eder at his
deposition certainly prov ided "newly discovered evidence"
for the i nstant motion. See Graney Development Corp. v .
Taksen , 62 A.D.2d 1148, 404 N.Y.S.2d 180 (4th   e p t ~ 1978).
At the deposition, Eder disclosed his vast criminal record
and repeatedly conceded that he was an informant for the DEA .
.
Both these areas of testimony, not previousl y available,
support the instant motion.
The statement that someone was a DEA informant
might arguably be deemed defamtory . However, if that
individual confirms the truth of the state ment, then it
cannot as a matter of law be libelous . Eder ' s deposition was
-7-
held on February 16, 1979, long after the motion on behalf
of Ryan , Murdoch and VVI was served. Since no one from the
office of Partridge's attorneys was present at that deposi -
tion (Metcal f Aff . , '5), and the transcript of the deposi-
tion was not received by that office until weeks later,
Partridge did not have the benefit of that evidence when her
Notice of Motion was served.
In short, the nature of this motion and the evi-
dence on which it is based is different from the prior two
motions.
CONCLUSION
The motion of all defendants should be granted and
the Complaint dismissed.
Dated: June 28, 1979
Of Co"unsel:
Slade R. Metcalf
Respectfully submitted,
DAVID MICHAELS, ESQ.
Attorney for Defendant Alan J.
We berman
342 Madison Avenue
New York, New York 10017
Tel. No . ( 212) 8 6 7-117 0
SQUADRON, ELLENOFF, PLESENT
& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York, New York 10017
Te 1 . No. ( 212) 6 61-6 50 0
- 8-
..
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------x
CHIC EDER,
Pl ai nt iff,
-against-
ALAN J. WEBERMAN, a/k/a A. J.
WEBERMAN, WILLIAM J. RYAN ,
, MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOI CE,
I NC.,
Defendants.
-----------------------------------x
STATE OF NEW YORK )) ss :
COUNTY OF NEW YORK
Index No. 02206 /79
AFFIDAVIT
SLADE R. METCALF, being duly sworn , deposes and says:
1. I am an attorney dul y admitted to practice in t l-.• ·
State of New York and am associated with the firm of Squadron ,
Ellenoff, Plesent & Lehrer , attorneys for al l the within defend-
ants except for Alan J . Weberman ( " Weberman" ). I submit this
Affidavit in reply to p laintiff ' s option papers on the instant
motion for surrunary judgment by all defendants.
2 . On January 30 , 1979 , my firm served motion papers
in connection with a motion on behalf of defendants William J .
Ryan (_ " Ryan") and K. Rupert t1urdoch ("Murdoch" ) to dismiss the
Complaint pursuant to CPLR 3211 solel y on the grounds that they
were not involved at all with the preparation or publication of
the article in . question. Those motion papers also r e late d to a

motion made on behalf .of the defendants The Village Voice , Inc .
("VVI " ) pursuant to CPLR 32ll(a) (7) to dismiss the 2nd, 3rd and
5th causes of action in the Complaint . At page 11 of the
Memorandum of Law in of that motion, VVI specifically
reserved its rights to move against the 4th cause of action on
' the grounds that the words of were not libelous per se
and since the Complaint fai l ed to al l ege any specific damages,
that cause was dismissable . A copy of page 11 of that r1emorandum
of Law is annexed hereto as Exhibit A. Accordingly , the present
motion for summary judgment is the first time that VVI has
addressed the 4t h cau se . of action in the complaint .
3. In view of Mr .   Framin ' s decisio n (annexed
hereto as Exhibit B to the affirmation of Marc Kahn, dated
June 1 9, 1979) , the 4th cause of action is the only cause still
remaining against VVI . The me rits of the 4th cause have nevery
been l itigated.
WHEREFORE, it is r espectfully prayed that the motion by
all defendants for summary judgment be granted in all respects .
Sworn to before me this
28th day of J une, 1979 .
Notary Public
SLADE R . . METCALF
-2-
NOTic& OP' ENTIIY
  take notice that the within is I ( ctrtijitdJ
\f
true copy of a
duJ.j entered iD the office of the clerk of the withii:
named court oo 19
Dated,
Yours, etc.,
SQUADRON, ELLENOFF, PLESENT & LEHRER
Atrorncys for
To
Office and Post Offict Addrtss
551 Fifth A venue
NEW YORK, N.Y. 10017
Attorney(s) lor
NOTI CE Of' 5ETTLEIIIENT
Sir:-Piease take notice that an order
of which the within is a true copy will be presented
for settlement to the Hon.
one of the judges of the within named Court, at
on
II
Dated,
.M.
19
Youn, etc.,
SQUADRON, ELLENOFF, PLESENT &: LEHRER
j.,
A.-orneys for
I
To
Office and Post Offic.e Addrm
551 Fifth Avenue
NEW YORK, N.Y. 10017
Anomey(s) for
lndexNo. Q2206 Ycar1 9 79 .
SUPREME COURT OF THE STATE OF
NEW YORK
COUNTY OF NEW YORK
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, etc., et a l.
Defendants.
REPLY AFFIDAVIT
(COPY)
SQUADRON, ELLENOFF, PLESENT & LEHRER
Attorneys tor Defendants
To
Office and Post Office Addrtu, Ttlephont
551 Fifth Avenue
NEW YORK, N.Y. 10017
212-661-6500
Anorney(e) for
Service of a copy of the within
is hereby admitted
Dated,
Anorney(•) for
teoo-JULIU. IILUM. I: ftOt IHC •• LAW BLANK rUIILieHE:ftS. H. Y.C. 100t3
'i
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - -x
CHIC EDER,
Plaintiff,
-against-
Index No. 02206/79
ALAN J. WEBERMAN
1
ajk/a A. J. WEBERMAN, : REPLY AFFIDAVIT
WILLIAM J. RYAN, MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE,
INC.,
Defendants.
-x
STATE OF N   ~ v YORK )) s s :
COUNTY OF NEW YORK
SLADE R. METCALF, being duly sworn, deposes and says:
1. I am an attorney duly admitted to practice in the
State of New York and am associated with the firm of Squadron,
Ellenoff, Plesent & Lehrer, attorneys for all the within defend-
ants except for Alan J. Weberman ("Weberman"). I submit this
affidavit in reply to plaintiff's opposition papers on the
instant motion for summary judgment by all defendants.
2. On January ·30, 1979, my firm served papers in
connection with a motion on behalf of defendants William J. Ryan
("Ryan") and K. Rupert Murdoch ("Murdoch") to dismiss the Complaint
pursuant to CPLR 3211 solely on the grounds that they were not
involved at all with the preparation or publication of the
article in question. Those motion papers also related to a
motion made on behalf of the defendant The Village Voice, Inc.
("WI") pursuant to CPLR 32ll(a) (7) t o dismiss the second, third
and fifth causes of action in the ·complaint. At page 11 of the
Memorandum of Law in support of that motion, VVI specifically
reserved its rights to move against the fourth cause of action on
the grounds that since the words complained of were not libelous
per se and the Complaint failed to allege any special damages,
that cause was dismissable. A copy of page 11 of that Memorandum
of Law is annexed hereto as Exhibit A. Accordingly, the present
motion for summary judgment is the first time that VVI has
addressed the fourth cause of action in the complaint.
3. In view of .Mr. Justice Funman's decision (annexed as
Exhibit "B" to the affirmation of Marc Kahn, dated June 19, 1979,
["Kahn Affirm." ]), the fourth cause of action is the only cause
still remaining against VVI. The merits of the fourfucause have
never been litigated.
4. Although an order has been settled on both the
Fraiman decision and the decision of Mr. Justice Shapiro (Ex."D
11
to Kahn Affirm.) on the motion of Marianne Partridge ("Partridge"),
I am .uncertain whether either order has actually been signed and
entered. Certainly, no notice of entry of any order has yet been
served.
5. I am informed that on February 16, 1979, David
Michaels, the attorney for Weberman , conducted the deposition of
Eder. No one from my office was present since discovery between
Eder and all defendants except Weberman had been stayed pursuant
-2-
r
to CPLR 321 4(b) . (See my letter to Mr . Kahn dated February 16,
1 979 , annexed hereto as Exhi bit
11
B
11
). Partridge was served on
or about that same day . I did not receive a transcript of that
examin ation until weeks l ater.
WHEREFORE, it is respectfully prayed that the motion by
al l defendants for summary judgment be granted in all respects.
Sworn to before me this
28th day of June , 1979.
-3-
POINT II
THE SECOND , THIRD AND
FIFTH CAUSES OF ACTION MUST BE
DISMISSED SINCE THEY FRAGHENT A
UNITARY CAUSE OF ACTION
Pl aintiff ' s fourth cause of action attempts to
set forth all the elements of a claim for libel .****
However , the third cause of action, characterized as
"conspiracy to libel" , does not set for th a distinct and
s eparate cause of action, since it invol ves the identical
injury to reputation and arises from the same publication.
Morrison v . National Broadcastinq Co. , 19 N.Y. 2d 453 , 280
N. Y. S.2d 641 (1 96 ) ; Russo v . Advance Publications, Inc .
33 A.D. 2d 1025 , 307 N.Y. S . 2d 916 (2d Dept . 1970) . I t is
a fundamental rule in l i bel law that each separate pub-
l ication gives rise to only one cause of action for libel .
Gregoire v . G. P . Putnam' s Sons, 298 N. Y. 119 , 81 N. E . 2d
45,motion denied 298 N. Y. 753 , 83 N. E. 2d 152 (1948); Kern
v . News Syndicate Co . , I nc. , 6 A. D. 2d 404 , 178 N.Y. S . 2d
274 (1st Dept . 1958} . Since only one publication by
The Voice is at issue here , p l aintiff can allege only one
cause of action for libel .
The thir d cause of action pleaded states no ground
**** . . d '
Al though VVI contends that th1s cause 1s lS-
missable since neither the words complained of nor any
fairly drawn innuendo are l ibelous per se and the co·mplaint
fails· to allege any special damages , VVI reserves its
right to move against this cause of action at a future time .
- 11-
• f
Exhibit B
SQUADRON, ELLENOFF, PLESENT & LEHRER
55 1 FIF TH AVENUE
NEW Y 0 R K . N Y. J 0 0 I 7
• 1 ,. ..
HOWARD M.SOUAORON
THEODORE: E:LLE:NOFF
STANLEY PLE:SF. NT
STANLEY I . LEHRER
A LLEN A . STEIN
  M . S I SKIND
HOWARD 8 . SOHN
HARV EY HOROWITZ
NEAL M. GOLDMAN
Februar y 16, 1979
COUNSEL
D AVID MILLER
HERMAN E . COOPER
CAB L.C
£5Ci E EL.. •w
TELE:PHON£:
1212 ) 661 -6500
IR A LEE SORKI N
ARTHUR O . STOUT m
S LADE R . METCA LF
.JUDITH R . COHEN
S TUART A. O F FN ER

1212) 697-6686
BY HAND
Marc Kahn, Esq.
225 Broadway
New York, New York 10007
Re: Eder v . Weberman, et al.
Dear Marc:
As I informed you earlier this morning, I will not be
able to appear at the examinations before trial of your client,
which had been scheduled for this afternoon at 2:00 . CPLR
3214(b) specifies that service of a notice of motion under
Rule 3211 stays all disclosure until determination of the
mot ion. Since we served upon you our motion to dismiss pur-
suant to CPLR 3211 on January 30, 1979, all discl o sure is
stayed pending dete r mination of that motion, which is return-
able o n March 9, 1979 .
In additi on, it will certainly be more efficient t o hold
the e xami nations of Mr. Eder o n one day beginning ear l y enough
in the morning so that they can be completed by t he end of
that day. I trust that in view of CPLR 3214(b) , Mr. Michaels
will also adjourn his examination of Mr . Eder until after the
determination of the motion. It seems to me that if Mr . Michaels
1
examination t oday , anything Mr. Ede r says would not
be admissible at Court and binding upo n our client since we
were not present to cross-examine .
. Yours truly ,
Slade R. Metcalf
caw
cc : David Michae ls , Esq. (By Hand)
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"'-
SUPRENE COURT OF THE STATE OF NEW YORK
COUNTY OF NE\-7 YORK
-----------------------------------x
CHIC EDER,
--
Plaintiff, Index No. "4265/79-
-against-
ALAN J. a/k/a A. J.
WEBERHAN, WILLIAH J. RYAN,
HARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
INC., ,
'
-----------------------------------x
in reply
DEFENDANTS' REPLY
MEMORANDUM OF LAW
This memorandum is submitted by all defendants
p
to ':he memotWndum of law of plainti H ( "Opp.
jt
Hemo.") '· u " and the affirmation of Hare Kahn,
d.oiT d L.'-"'--' I 'l
1
I 9 7 'j ( " /( o.-Lv._ /} C . ")
EsqJ.!l in opposition to the motion of all defendants for
summary judgment.
POINT I
SUHHARY JUDGHENT IS v/ARRANTED
HERE SINCE THERE IS NO
DISPUTE AS TO Tv/0 MATERIAL ISSUES
Strain as he might to factual
defeat summary misunder-
- ' l.. ('' . ) '
stBed- the nature of the iosta&t motion as well as the law oC /
libel. He apparently believes that once he loca':::s a dispute
a..v..4.v--'
J\ as to the accuracy of any fact in the article.=mplained of,

.fl?.><'e,___:fifiaa-5s--:'srtunc::lc::-ee-ee-dd ed::-/\ I f' t h at we r e the 1 a w , no news pap e r
would publish for fear-of exposing itself to severe financial
liability for the slightest error.
__ [
I
I
I
I
I
I
I
I
------- ......... .-:"'·.t""'h'"'.      
In order to sustain a cause of action for libel,
a plaintiff must prove not only that a statement published
about him was false, but also that the statement was
defamatory.
See Rinaldi v. Holt,
. l ?c·?
Rinehart!:_ IHnston,
3
<fU· · ·y
CLI!. cL,J;v;/ i-f Ll q11/.
Inc., 42 N.Y.2d 369, 397 N.Y.S.2d
943 (1977) .--:r£ defendants
)
are able to show that the statements concerning plaintiff
were not defamatory, then there is no need to consider
the question of truth or falsity, since plaintiff will
be unable to sustain his cause of action for libel.
Eder concentrates on denying that he ever testified
before a grand jury in Brooklyn, while avoiding the
issue of whether the statement is defamatory at all.
On the other hand, Eder again concedes that
he was a DEA informant (Opp. Memo., pp. 8-10), and does
not contest that he was a high-level one (Tr. 78).
only to the implication that he was
a The article only states that Eder
was "a high-level DEA informant."' The question of whether
Eder was paid to be an informant cannot possibly be
material to the issue of whether the statement about
him is defamatory.
Plaintiff seeks, through innuendo, to expand
the obvious meaning of the words complained of to charge
that Eder was directly responsible for all the woes
that befell Forcade. ''The court must decide whether
there is a reasonable basis for drawing the defamatory
conclusion." James v. Gannett Co .. , Inc., 40 N.Y.2d
415, 419, 386_tl,Y.S.2d 871, 874 (1976). It should be
. -----
clear to this Court that the reference to Eder pertained
only to his alleged testimony before the grand Jury
(not a libelous accusation) and his association with
the Drug Enforcement Administration (not a disputed
fact). As in Moran v. Hearst Corporation, 40 N.Y.2d
1071, 392 N.Y.S.2d 253, 254 (1976), where the Court
of Appeals rejected plaintiff's reading of innuendo
into the article in question, this is a "trivial case"
in which the article fell "short of defamation as a
matter of law."
....... :
./
Eder makeS little attempt to contest the realitY
that he is libel-proof as a matter of laW· AS much
as hiS attorneY might like to hide hiS bacKground,
at biS deposition(candidlY laid bare hiS long criminal
record. (See the main memorandum in support of thiS motion
for a summarY of Eder's criminal exploits.) When asKed
initiallY which grouP of people held an opinion of him
for truthfulness, worthiness and good character, Eder's
quick and simple response was "outlaws." (Tr. 731·
This court should find as a matter of laW that Eder
In denying that summarY judgment is appropriate
here. plaintiff'S attorneY relies upon and even quotes
j
J
./
from the case of £f v.
Fur   InC·• 61 A.u.2d 141. 401 N.y.s.2d
- 78 (1St Dept. 1978)· on Aprils, 1979. the court of
Appeals the Appellate Division's
order in thiS libel case and reinstated the lower court's
order granting summarY judgment in favor of defendantS·
--N·y.2d-, _N.Y.s.2d__..J 4 • 2503.
In like fashion. thiS court should award summarY judgment
in favor of all
./
.- .
L
POINT II
THIS HOTION FOR SUHHARY
JUDGHENT IS NOT BARRED BY
THE DETEill1INATION OF THE
PRIOR T\•/0 HOTIONS
Plaintiff has understandably overstated and
misinformed this Court as to the nature and disposition
of the prior two motions brought on by some of the defendants.
  of the chronology of the litigation
will define the issues before the Court.
On January 10, 1979, the undersigned attorneys
accepted service of ·the summons and complaint on behalf
of defendants The V-illage Voice, Inc. ("VVI"), \Hlliam J.
Ryan ("Ryan") and K. Rupert Hurdoch ("Hurdoch"). In
lieu of answering, Ryan and Hurdoch moved pursuant to
CPLR 3211 +<? Not-j ce of Notion dated .TanJJary 30 1 9 7 9)
to dismiss the complaint on the sole ground that they
were not involved in the preparation or publication
of the Article. (See Exhibits "A" ·and "B" to the Kahn
Affirm.) Pursuant to the same Notice of Hotion, VVI
moved to dismiss ·only the second, third and fifth causes
of action. The first cause of action was directed solely
against defendant A. J. v/eberman ( "Weberman") and VVI
specifically reserved its rights to move against the
fourth cause of action. (See Exhibit ''A'' to the accompanying
reply affidavit of Slade R. Hetcalf, sworn to the 28th
day of June, 1979 [:Llcalf Af.;: .:!'=}-) :-S'Tff/
In an opinion dated Hay 7, 1979, Hr. Justice
Fraiman denTed-themotion of Ryan and Hurdoch, but without
prejudice to a subsequent motion for summary judgment

the issue of lack of advance knowledge. (Exhibit "B"
to Kahn Affirm.)
The Court, however, did grant VVI's
motion to dismiss the three cause of action. No notice
of entry of any order has yet been served on that decision,
so that a notice of appeal by Ryan and !·1urdoch is not
yet appropriate. off. J ff Yj)
Defendant Marianne Partridge (''Partridge'')
was served with a summons and complaint on or about
February 16, 1979.
Pursuant to a Notice of Motion dated
March 8, 1979, the undersigned also moved pursuant to
CPLR 3211 to dismiss the Complaint solely on the ground
that she was not involved in the preparation or publication
of the article. (Exhibit "C" to Kahn Affirm.) 11r. Justice
Shapiro denied the motion, also stating that plaintiff
should have an opportunity to complete discovery as to
that issue. (Exhibit "D" to Kahn Affirm.) T/..-'u'"-'             j
..2--/,?X.; CL/ .... - ...,_ ,.._. "'""'• .,.!-.&"/" d:u.<_u.,-,-.c.- cv;;<.t'-1 .J '</."::"
/• · \qeberman, after being serv.ed with the summons ,..-:-..---<' -·-<•.;:;.,,_
-tr-<-e
and complaint, answered, conducted the deposition of
Eder on February 16, 1979 and then made the instant
motion for summary judgment. is the first and
only motion in which he has been involved.
(»:cp/
dj/,7? 4-)
/
Plaintiff contends, in effect, that the defendants
shold not be given a second bite of the apple. However,
defendants are not asking for a second they want
a first bite on the substance of the libel claim. Ryan,
Murdoch and Partridge were previously unsuccessful only
on the issue of their involvement. They did not address
the substance. WI never moved against the fourth cause
of action (the only one remaining, other than the first
which is solely against Weberman), and, importantly,
it was successful on the motion against the other causes.
J
Weberman has never previously moved at all. The issues
1
on this motion have not been previously litigated.
The second point of the Opp. Memo. concentrates
on successive motions for summary judgment. It is undisputed
that Weberman and VVI have not previously moved for
summary judgment . Even assuming arguendo, that the
motions on behalf of Ryan , Murdoch and Partridge were
converted into motions for summary judgment , the testimony
of Eder at his deposition certainly provided "newly
discove red evidence" for the instant motion. See Graney
Development Corp. v. Taksen, 62 A.D.2d 1148, 404 N.Y.S.2d
180 (4th Dept. 1978). At the deposition, Eder discloseq
his vast criminal reco rd and repeatedl y conceded that
he was an informant for the DEA. Both these areas of
testimony support the instant motion.
The statement that someone was a DEA informant
might arguably be deemed defamtory. However , if that
individual confirms the truth of the statement, then
it cannot as a matter of law be libelous. Eder 's deposition
was held on February 16, 1979, long after the motion
on behalf of Ryan, Murdoch and VVI was served. Since
no one fr om the office of Partridge's attorneys was
( t14 Fret1 (li...d£d/ aj/1 H- s) -.--·
present at that   the trahscript of the
deposition was not received by that office until weeks
later, Partridge did not have the benefit of that evidence
when her Notice of Motion was se r ved.
In short, the natur e of this motion and the
evidence on which it is based is different from the
prior two moti o ns .
. .
CONCLUSION
The motion of all defendants should be granted
and the Complaint dismissed .
Dated: June 28, 1979
Of Counsel:
Slade R. Metcalf
Respectfully submitted,
DAVID MICHAELS, ESQ.
Attorney for Defendant Alan J.
We berman
342 Madison Avenue
New York, New York 10017
Tel. No. (212) 867-1170
SQUADRON, ELLENOFF, PLESENT
& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York, New York 10017
Tel. No. (212) 661-6500
-"
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------·----------------------------x
CHIC EDER,
Plaintiff,
- against -
ALAN J. WEBERMAN   a/k/a. A. J, WEBERMAN,
WILLIAM J. RYAN
1
MARIANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE,
INC., . .

------------------·---....
Index"No.
ANSWER
• Defendant, ALAN J, .WEBERMAN, by his attorney DAVID
S. MICHAELS, does. hereby Ariswer the Complaint as follows:
1. Defendant adlllits the allegations of paragraph 1
of the complaint.
2. UpOn information and belief, the defendant admits
the allegations o£ paragraph 2, 3
1
4 and 5 of the complaint.
3. Defendant, upon information and belief, denies
· · ·the allegations o£. paragraph 6 of the complaint herein
1
·except
that defendant denies knowledge of the allegation within
paragraph 6 of the complaint as to plaintiff's citizenship
within the State of New York.
4. Defendant denies each and every allegation of
paragraph 7.
5. Defendant admits the allegations of paragraph
8 insofar as they apply specifically to him and denies
knowledge of the other allegations therewithin.
6. Defendant admits the allegations of paragraph 9
of the complaint herein, except defendant deniea t hat the
material quoted therewithin applies to plaintiff beyond
the first sentence thereof.
7. Defendant denies the allegations of paragraph
10 , except that he admi ts t hat it   i ntended to be
underatood that be indeed alleged that plaintiff was an
informant for the United States Drug Enforcement Administra-
tion.
Defendant denies the allegations in paragra lOb,
lOc , d, e, f and g.
8 . Defendant denies t he allegations in paragraphs
11, 12, 13, 14, 15, 16, 17, 19, 21 , 22, 23, 24, 26, 27, 28,
29, 30, 31, 33 , 34, 35, 36 and 38.
9. Defendant assats that he is without knowledge as
to the truth or falsehood as to the   of paragraph
20 herein.
FOR A FIRS'I AFFIRMATIVE DEFENSE
Defendant asserts that the material and allegations
complained of are true .
FOR A SECOND AFFDMA'IIVE DEFENSE
Defendant aaaerts that the material and allegations
·____..-- ___,.,.,...- r .
r 1 -
. . .
.. - • - L
  ·
complained of are constitutionally privileged under the
New York State and United States Constitutions .
WHEREFORE, defendant Alan J. Weberman demand•
judgment dismissing th complaint together with co ts and
disbursements of this action.
Dated: New Yor k, New York
January 30, 1979 .
To :
ROSENSTEIN & KAHN
Attorn ys for Plaintiff
225 Broadway
New York, New York 10007
Yours, etc.
DAVID S. MICHAELS
At torney for defendant
Alan J. Weberma
342 Madison Avenue
New York, New Yor k 10017
(212) 867-1170
1
\
l
DAVID S . MICHAELS
342 MADISON AVENUE
N E W YORK, N . Y. 10017
• 1979
••
1
1
• q •
l0017
..
Michael Kennedy, laq.
148 East 78 Street
Hew 'fork, N- York
De•r Ill'. laaaedy:
February 2, 1979
I encloae her8With a copy of the eum.on••
complaint and the article complained of in the .. tter
of Eder v. Weberman.
I look forward to ape•king with you •aaln
concerning information you .. Y have in thia matter.
ad I thank you for your oooper•tlon.
DSM:gs
Bnc •
ec.:
A. J. Weberman
6 Bleecker Street
•- York, New York
Very truly y o ~ •  
DAVID S. MICJIAII.S
S 6. --- ----- ----'----- - - In Viol . of F.S.
WITNESSES AGAINST DEFENDANT: see reverse side for additional
witnesses
504.01.304
I
. ]
 
, (Numeric: Code 1
. · • r 1
J. . .. ' . .
COURT COPY.
,L DUBJ.IS
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'
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Address: ·- · -=--...:. 1_,_ 1 ___ • _· 1--'- I _ _ ...:. J,:- 1...: ... _____ Phone:
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ID NUMBER
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Lead Officer .;.. -. •. DIST/ SECTION "" __ . Days Off ...
1
"' Duty Hours:

Other Officer DIST/SECTION ID NUMBER . - .• Days Off Duty Hours: l'"
,; ,
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Other Officer , DIST/SECTION ;._ . ,.. ID NUMBER . f- , Days Off , Duty Hours: .
• .l INFORMATION BELOW DOUBLE LINES SHALL BE COMPLETED BY THE COURT
WAIVER OF PRELIMINARY HEARING
. ' ..
have, been advised of my t o a Prelimi nary Hearing in Case No . ( s ) in whi ch I am the defend ani , and I desire to waive and do hereby ' ' •
1aive my right to such Prelimi na'ry Hearing concerning all of the c harges against me in sai d Caseh ). . '
' ( - .
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• :. t . • CASE NO . ..-- .  
'. .
! ARRAIGNMENT, JUDGMENT, SENTENCE AND ORDER
Said 'Defendant was arraigned for trial ' on _________ _
ond entered a plea of guilty to the charge as set forth herein.
After heari ng the' evidence and duly considering the 5ame, the Court
li nds you, the Defendant, guilty of said charge; AND
IT I S ORDERED AND ADJUDGED that you, the Defendant, are __ _
uuilty as charged of said offense as set forth herein. . . ,
IT IS, THEREFORE, the Judgment, Order and Sentence of the Court
ohat you, the Defendant, be imprisoned in the County Jai l of Dade County,
Florida, for a t erm of _____ days, and pay a fine of$ _____ __ _
.111d $ , the cost hflrBin ; 'and in default of such payment
l hat you, the Oefe,ndjlnt, stand committed to the County Jail of Dade
County, Florida for a term of days.
DONE, ORDERED, AND ADJUDGED in open Court at
'
' .
.··
!Jade County, Florida, on
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Count y Court in and for Dade Count y, Florida ·
• -- " • t .. j •• •
-· COUNTY COURT, MAGISTRAT
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Def endant
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ARRAIGNMENT, JUDGMENT, SENTENCE AND ORDER
:NN THE COUNTy COURT
AND FOR
DADE COUNTY, FLORIDA
•.
..
.
:- ·
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN, a/k/a A.J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
I NC .
Defendants.
                                                  ~                       x
Index No . 4265/79
A.J.
(Affirmation and
extensive exhi b its
omi tted) .
PLAI NTIFF 'S MEMORANDUM I N OPPOSITION
TO THE DEFENDANTS' MOTION FOR SUMMA-
RY JUDGMENT
Of Counsel:
Marc Kahn
ROSENSTEIN & KAHN, ESQS.
Attorneys for Plaintiff
225 Broadway
New York, New Yor k 10007
(212) 374-1438

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF N E ~ v YORK
------------------------------------x
CHIC EDER,
Plaintiff,
-against-
ALAN J. WEBERMAN , a /k/a A. J.
WEBERMAN, WILLIAM J. RYAN,
MARIANNE PARTRIDGE, RUPERT
MURDOCH and THE VILLAGE VOICE,
I NC. .
Defendants.
                                    ~                                   x
Index No. 4265/79
PLAINTIFF'S MEMORANDUM .IN OPPOSITION
TO THE DEFENDANTS' MOTION FOR SUMMA-
. RY JUDGMENT
PRELI MINARY STATEMENT
Plaintiff's injuries arise from the publication of an
article in The Village Voice authored by A.J. Weberman and published
on or about November 27, 1978 . A copy of the article is annexed t o
the defendants' moving papers. Plaintiff's complaint originally set
forth five causes of action for relief.
During the course of this litigation, the plaintiff has
agree d that he would stipulate to the wi t hdrawal of the second cause
of action as t o each of the defendants. Thereafter in his opinion
dated May 7, 1979, a copy of which i ~ attached to the plaintiff ' s
opposing papers, Judge Fraiman dismissed the third cause of action
against the defendants, Ryan, Murdoch , and The Vill age Voice . The
fifth cause of action seeking punitive damages was also dismissed
as against those plaintiffs with leave to replead to claim
punitive damages as part of the relief sought in the remaining
causes of action.
The defendant A.J. Weberman answered the complaint on
January 30, 1979. On the same date, The Village Voice , together
with lvilliam J. Ryan and Rupert Murdoch, moved for dismissal of the
complaint or in the alternative, summary judgment. On February
16, 1979, the plaintiff appeared pursuant to notice for deposition,
and was deposed by counsel for the defendants from 2:00 p . m. until
6:30p.m., at which time David Michaels, Esq ., one of counsel for
the defendants stated he had no further questions of the plaintiff.
Thereafter by notice dated March 8 , 1979 , the defendant Marianne
  moved for dismissal of the complaint or in the alternative
summary judgment. On or about May 8 , 1979 all of the defendants moved
for summary judgment dismissing the complaint.
THE FACTS
On or before November 27 , 1978, the defendant Alan J.
Weberrnan wrote an obituary for Tom Forcade, a ·political activist
and publisher who commited suicide on November 16, 1978. This
article was featured in the November 27 , 1978 issue of The Village
Voice, a weekly newspaper distributed throughout the New York
Metropolitan Area. At the time of the publication, Marianne
Partridge was the Editor of The Village Voice, William J. Ryan
principal owner of the Corporate defendant.
was President and Publisher, and Rupert Murdoch was a director and
as a man who was continuously harassed and plagued by government
The obiturary read in its entirety portrays the decedent
police agencies, and further tormented by the allegation made by
entire obituary:
The follmving excerpts comprise a substantial portion of the
certain members of the counter culture that he too was a "cop".
"During the late 1960s and early 1970s
UPS served as the war room in the Under-
ground Press ' s fight for survival. The
FBI's Cointel program against the under-
ground was in full swing and Tom did his
best to combat it."
"Also, he allegedly led the riot that
occurred when Nixon was nominated. At
least this is what the FBI thought, since
they tried to frame him and his associate
Cindy Orhenstien, for possession of fire-
bombs."
"Recently Rick Namey, a former FBI
snitch who had infiltrated the Zippie s
has come forward and admitted that the
Justice Department wanted him to fa l sely
testify about Tom and Cindy. Namey who
is now doing a book for Quadrangle Press
about his experience, refused to help
frame them. "
"Tom was arrested at the UPS office
by the FBI. He told them he was a member
of the Weather Underground and that his
comrades would soon free him. They be-
lieved him and placed two shot-gun
wielding guards in front of his cell.
"Very few other people would help
Tom. Rubin and Hoffman had called him
a cop during the Yippie- Zippie conf lict
in Miami and the label stuck. Eventually
both Abbie and Jerry admitted this was
the wrong thing to do.
"High Times became more and more
successful. Yet Tom's name never ap-
peared anywhere in it. Tom was afraid
that the "cop" label the Yippies had ·
put on him ·would adversely affect the
magazine."
"In 1976 Tom showed up at the Republi- .
can Convention in · Kansas City. During
a Yippie demonstration Tom was beaten by
Secret Service agents who were angered
by his success in gaining membe rship in
the White ,House Press Corps. "
"In 1977 a federal grand jury in .
Brooklyn began an investigation concerning
Torn Forcade based on the testimony of Chic
Eder, a high-level DEA informant who has
been characterized as "Mr. Marijuana" in
several magazine articles. The pressure
began to build and Tom started to go into
periods of extreme depression."
"A week before he killed himself Torn
told me that he believed the DEA Special
Operations Division might have sabotaged
~ a c k   s aircraft, since the remains of a
barometrically activated bomb were found
in the wreakage."
"Around this time Tom's loft was broken
into .•. Tom was shaken by the incident,
which he attributed to a secret DEA investi-
gation into his finances."
The statements explicitly concerning the plaintiff are
4.

false, and plaintiff, during the course of his examination before
trial has so stated. Plaintiff also contends that the article
libels him by innuendo in the manner set forth in detail in the
I •
5.
complaint. As the above quoted passages from the obituary show,
a jury considering the entire Forcade article might rea sonabl y
infer that plaintiff was a paid informer for the government , that
plaintiff. was part of a continuous pattern of harassment launched
by the government against Forcade , which included s abotage and
burglary, and that plaintiff's alleged instigation of a grand
jury investigation of Forcade was the straw that broke the camel ' s
back and led Forcade to take his own life. The jury considering
the article as a whole might well find that these innuendos consti-
tuted the kind of libelous . attack which:
..
~ t e n   s to ex pose (plaintiff) to
hatred, contempt or a version, or
to induce any evil or unsavory
opinion of (plaintiff) in the minds
of a substan t i a l number o f t he c om-
munity."
Mor an v . Hearst Cor por a tion, 50 A. D. 2d 527, 375 N. Y. S .2d .113 , 114
(1st Dept . 1975), aff'd 40 N. Y. 2d 1071 (1976) . De f e ndan t s quibbl e
about wha t the article "me r e ly says " ( def enda nts ' brief a t p . l2)
and seek t o divert the Court ' s atte ntio n from t hei r own tor t ious
acts a nd pr e judice t h e pla intiff by waiving a red f l a g r egarding
the plaintiff ' s admitted pas t c r i minal r ecord. ( See defendants '
brief at p.l7). De f en dants continue t hei r char acter assass ination
of t he p laintiff by comparing h i m in t heir brief , at p . 2 0 with
murderers and assassins . Defenda nts' brie f affirmat i on in s upport
of its motion s imila rly f ocu ses on pl a intiff 's c rimi nal r ecord, a t
paragra phs 2 and 3 , and seek s t o d ivert the Court' s att e ntion from
6.
the main thrust of plaintiff's complaint by arguing that the
plaintiff has already conceded that he gave certain information
to the United States Drug Enforcement Administration which there-
fore makes him a "high-ievel DEA informant".
Plaintiff did indeed concede at his examination that
he had given certain technical information to the United States
Drug Enforcement Administration and the Federal Bureau of Investi-
gation. In response to counsel's question, the plaintiff stated
that he had g i v   ~ ·information
"Only to the United States Drug
Enforcement Administration and I
stated prior to that what that. in-
formation was. That information
was dealing with a leak they had
in their computer. There was a
method of gaining access to in-
formation coming out of their
computers and I plugged that leak
for them." . (Eder transcript p.26
lines 6-11)
"I made a deal with the United
States Government Federal Bureau
of Investigation to ascertain
whether or not their telephones
were in fact capable of being
tapped. I then tapped their
telephones and sold them that in-
formation in order to get my self
and other people out of problems
with the United State s Government."
(Eder transcript p.26 - p.27 lines
. 21 - 25; line 1)
The gravamen of plaintiff's complaint however is that he
has been maliciously and wrongfully accused of informing on Tom
· Forcade. As stated at the examination:
"The main thrust of my argument
is this man maliciously called me
a government informant and the
,
society in which we live, a
government informant is a man who
puts a nother man in prison for
himself and is looked upon as a
piranha , and that is the thrust of
my argument here ." (Eder transcript
p.74 line 14 - 19)
"Let me be very clear about this:
With regard to any information or
any testimony that might l ead to
an arrest or conviction of any human
being, I have not given any i nforma-
tion to any agency or anyone, p e r i o   ~
(Eder transcr ipt p.28 lines 13 - 16)
7.
Informers have been despised in American Society ever
since Benedic t Arnold. As the above quoted excerpts from the
obituary show, the decedent Tom Forc ade was plagued by the "cop"
l abel placed on him by fellow political activists . Ironically, the
obituary notes that " eventually both Abbie and Jerry admitted this
was the wrong thing to do ". Qui t e apart from being held up t o ha tred
r i dicule or contempt , plaintiff has been exposed to the risk of serious
personal injur y as a result of defendants ' accusations . Nevertheless ,
de f endants have vigorously rej ected plaintiff ' s eff ort to discover
the evidence necessary to establish his case and repeatedly have
sought accelerated judgment from this Court t o bar plaintiff from
ever gaini ng an opportunity to prove his case before a jury. Each
of t he judges who have passed upon the defendants ' prior requests
for accelerated judgme nt have r ejected the same and required dis-
covery proceedings as set forth in the opini ons annexed to the affir-
mation of plaintiff's counsel submitted in opposition to the present
moti on .
POINT I
THE DEFENDANTS ' MOTION FOR SUM11ARY
JUDG.r<IENT MUST BE DENIED BECAUSE NU-
MEROUS ISSUES OF MATERIAL FACT RE-
MAI N IN DISPUTE.
One of the most elemental rules of motion practice is
8 .
that a m o ~   o n for summary judgment must be denied whenever there
are material issues of fact in dispute between the p arties . The
motion for summary judgment requires the Court to undertake " issue
finding" rather than "issue determination" . Sill man v . _T-.-Tentieth
Century Fox Film Coro. , 3 N.Y.2d 395 , 404 (1957). The existence
of sharp disputes over genuine issues of material fact, as in the
present case, bar any motion for summary judgment at this stage of
the proceedings . Friends of Animals , Inc . v . Associated Fur Manu-
-· .
facturers, Inc., 61 A.D.2d 141, 401 N.Y.S . 2d 78, (1st Dept . 1978);
Dachowitz v. Kranis, 61 A.D.2d 78 3 , 401 N.Y. S . 2d 844 (2nd Dept . 19 78)
Leveret v . Gavi n, 18 A. D.2d 677, 236 N. Y.S . 2d 496 (2nd Dept . 19 62) .
As Mr. Justice Lupiano pointed out in the Friends of Animals,
Inc. case :
" .. . issue-finding, rather than issue-
determination, is the key to the pro-
cedure . . . (S)ummary judgment is a dras-
tic remedy and should not be granted
\vhere there is any doubt as to the
existence of triable issues . . . or where
the issue is arguable .. {.) (citations
omitted). 401 N. Y. S . 2d at 80 . "
Substantially every single material fact invol ved in this
case is in dispute . In his a nswer , appended to the moving papers,
the defendant Weberman denies substantially all of the material
9 .
allegations of the complaint (see Weberman answer at p . 2 pars . 7
and 8) . Moreover defendant Weberman in his answer asserts that the
material allegations complained of are true . Plaintiff says that
they are false. No sharper dispute could possibly exist, rendering
summary judgment absolutely unavailable to defendants.
The remaining defendants have not yet submitted any answers
to the complaint .* Their answers \vill undoubtedly deny all of the
material allegations of the complaint , just as Weberman's answer
did and just as the remaining defendants did with respect to their
previous motions for accelerated judgment. The opinions rendered
by Judge Fraiman and Judge Shapiro in the prior motions, annexed
to plaintiff's opposing papers, clearly demonstrate that sharp
factual disputes concern the participation of the individual defend-
ants were presented to the Court on those motions . As Judge Shaprio
noted at p.2 of his opinion , the factual evidence of the involvement
of the individual defendants or lack thereof" ... are matters peculiarly
within (their) knowledge and others working at the paper. As such,
plaintiff should not be expected to furnish proof on that issue be-
fore having the opportunity to complete appropriate discovery pro-
ceedings ( CPLR 3212 (f) ) . " See Shaprio ·opinion at p . 2 .
material facts in dispute are exclusively within the knowledge of
the moving party on a motion for summary judgment, such motions must
be denied. Utica Sheet Metal Corp. v . J.E . Sche cter Corp., 25 A.D.
2d 928, 270 N.Y . S . 2d 259, 261 (3rd Dept . 1966); Franklin National
Bank v. Degiacomo, 20 A.D. 2d 797, 248 N.Y.S.2d 586, 587, (2d Dept. 1964);
*Indeed, the making of the motion before issue has been joined
affords another ground for the denial of the motion. See CPLR 3212
(a); Nichols v. Haehn , 8     405, 413 N.Y.S.2d 773 (4 th Dept. 1959).
..
10.
SEIGEL, NEW YORK PRACTICE, p.388 (1978).
The defendants' woefully inadequate affidavit submitted
on the motion misstates plaintiff's contentions to suggest that
no serious factual issues remain disputed. In paragraph 3 of their
short affidavit, the defendants sta te that plaintiff's "primary
. .
concern in this matter was that his reputation as an 'honest outlaw'
was defamed by the allegation that he had testified bef ore a Grand
Jury." (See affirmation of David Michaels, Esq. at par. 3) · Plain-
tiff's transcript however, e x plicitly states that the main thrust
of plaintiff's ar_gumen.t -c:: was not that he was defamed by the allega-
tion that he had testified be fore a Grand Jury, but rathe r that he
was defamed by the allegation that he had informed on Tom Forcade.
(See Eder transcript at p.74 line s 14 - 19 cited above at p.7).
Plaintiff further contends that he has been defamed by the allega-
tions, reasonably inferred from the article that he was a narcotic' s
agent, employed by the government for the purposes of harassing and
informing on Tom Forcade, and that he was part of a scheme of
harassment which included the murder of Forcade's friend Jack and
the burglary of Forcade's home, all of which finall y caused Forcade
to take his own life. Defendants refuse to r e cognize disputed factual
issues preferring instead to hide behind the inflammatory assertion
that "plaintiff's reputation a s a criminal a nd in criminal circles
is not protectable" . (Michaels' affirmatio n at pa r. 3). Plaintiff 's
complaint however and the transcript of his deposition demonstra te
.
'
11.
that plaintiff is not merely asserting defamation with respect· to
his reputation as an "honest outlaw"
"Q · So you mean, when you say among
your friends and business associates,
in paragraph 7, you mean other people
involved in violating the marijuana
law previously held you in high esteem?
A That is correct.
Q Are you talking about anybody .
else?
A. I'm talking about people out-
side of that, as well.
Q Who are the people that held
this opinion of you?
A Outside the marijuana business?
Q Inside or outside, would you tell
us who it is that you believe felt you
had a good reputation for truthfulness,
worthiness and good character?
A Almost everyone I knew.
Q Most of the people you knew were in
the marijuana business, I guess; is that
true?
A No, not most of them. I would say--
Q What you are really complaining about
in this case is the loss of faith of the
people in the marijuana business who pre-
viously believed you were an honest out-
law and carne to believe, through the
article--
A That is only part of it. The other
part is the people that come in contact with
me on an every day basis.(Eder trans. pp. 73-   ~
lines 10 - 10)
Similarly defendants belabor the characterization of
plaintiff as a "high-level DEA informant", ignoring the fact that
12 .
it is not merely the l abel of DEA informant that plaintiff complains
of, but rather the innuendo that as a paid DEA informant, he testified
against Tom Forcade in a Grand Jury proceeding which resulted in an
investigation of Forcade ·that drove Forcade to suicide. Although
counsel for the defendants belabored the characterization o f plain-
tiff as a high- l evel DEA informant during the plaintiff's e xamination,
the true nature of the crux of plaintiff 's case was clearly elicited.
"Q Were you or were you not in
the limited work with· that agency,
which you have described to us, a
high level informant?
A Again , at such time as you
question, a DEA agent with regard
to what their levels are , you
might be able to.ascertain
whether it is a high level or
low level. Okay?
Q Did you not tell us before
that security of the ir personnel
and their information was a very
important priority for that agency?
A Yes, I state d that the only
two things they were mo re concerned
with than arrest and conviction were
those two factors. · Again , as to
whether it is a high level DEA in-
formant, I am not arguing the point .
I did do business with the Drug
Enforcement Administration and I
am not arguing that point at all .
Q You conceded , in fact?
A Of course I h ave . The point ·
is now, the point you are belaboring
is high level. I have answered the
question that I cannot s t ate what
level I was. You will h ave to ask
the DEA. Okay?
i
Q Fine. Where in that article
do you find an allegation that you
received financial rewards for in-
forming on Tom Forcade? Would you
point out the place in that article
where it is stated and implied?
A It states it negatively.
There is an inference. By use of
informant, there is inferred in that
·fact of payment by the government.
Q In fact, monetary payment?
In fact , when you were a DEA in-
formant, what you received by way
of consideration was your release
from jail; is .that not true?
A That is not true . What I
received was a quashing of a case
against me.
Q Not financial reward?
A Not financial .
Q In fact , you know informants
are also rewarded in nonfinancial ways?
A No question about it. { ~ h   t we
are stating, again, is inferred in that
is the payment from the government.
Q Simply by us e o f the word "in-
formant"?
A Yes. It is my contention .. that
is inferred by a greater number of
people.
Q In fact, you never gave t he
government any false information on
Tom Forcade because you never gave
them any information on Tom Forcade;
is that correct?
A That's correct. " (Eder transcript
pp. 78 - 79 lines 3 - 23)
l3.
J
"A ... I want to state in court
that Weberman has said that I have
given testimony in a Brooklyn
Federal grand jury in 1977 and I
am stating that is the basis of my
case, that I have not given t esti-
mony against Forcade or anybody else
or any grand jury or any other place ."
(Eder transcript pp . 80 - . 81 lines
22 - 3)
14.
Defendants• affirmation completely fails to address these
issues of disputed fact, preferring to i gnore them. Silence however,
does not discharge defendants• burden of proof on this motion, and
the existence of disputed issues of material facts clearly require
the motion to be denied.
. .
.. . ·POINT" II
DEFENDANTS
1
FAILURE TO RAISE ON
PRIOR MOTI ONS THE ISSUES RAISED
HEREIN, REQUIRES DENIAL OF THE
PRESENT MOTI ON
Each of the defendants, excluding A.J. Weberman, have
previously moved for accelerated judgment under CPLR Section 3211 ,
and have sought in the alternative summary judgment against the
plaintiff . It is well settled that multiple summary judgment motions
should be discouraged in the absence of a showing of newly discovered
evidence or other sufficient cause . Graney Development Corp. v.
Taksen, 62 A.D. 2d 1148; 404 N.Y.S . 2d 180 (4th Dept. 1978) ; Abramo££
v . Federal Insurance Co., 48 A. D.2d 676, 368 N. Y.S . 2d 44 (2nd Dept.
1975); Levitz v .   o b b i r i ~ Music Corp. , 17 A.D.2d 801, 232 N.Y . S.2d
769 (lst Dept . 1962).
J
1
15.
There is no newly discovered evidence which would justify
the series of motions directed against plaintiff by defendants.
Plaintiff finished his deposition February 16, 1979, three weeks
prior to the motion of Marianne Partridge and three months prior
to the present motion. As the Appellate Division observed in its
Per Curiam opinion in Levitz, cited   b o v e ~
"Parties will not be permitted
to make successive fragmentary
attacks upon a cause of action but
must assert all available grounds
when moving for summary judgment.
There can be no reservation of any
issue to be used upon any subsequent
motion for summary judgment . A court,
upon a motion for summary judgment,
must examine all of the facts pre-
sented by the affidavits, pleadings
and documents and decide whether a
triable issue is raised. Once
having done so, a court may not on
a subsequent motion consider matter
which a party has withheld or failed
to urge as a ground for granting
summary judgment theretofore de nied.
The denial of the original motion
for summary judgment established the
law of the case and required the denial
of the subsequent motion in the circum-
stances herein." (232 N.Y.S.2d at 771)
Defendants have previously attacked the sufficiency of
plaintiff's complaint, as they have done again in the present motion.
Denial of the previous motions, now precludes defendants from obta ining
summary judgment on the same facts since the grant of such relief
would clear ly have the effect of frustrating the earlier dispositions.
See Martin v. City of Kohoes , 37 N.Y.2d 162, 371 N.Y.S.2d 687 (1975)
.J
t
16.
Mobil Oil Corp. v. Town of Huntington, 85 Misc.2d 800, 300 N.Y.S.2d
446 (Sup. Ct. Suffolk Co. 1975).
Defendants have previously attacked t he sufficiency of
plaintiff ' s complaint and offered affidavits and briefs in support
of their position, which has been rejected by the prior decisions
of Judge Fraiman and Judge Shaprio . Those decisions are now the
law of the case and bar yet another for summary judgment by the
defendants at this time. Both of the judges who have previously
heard defendants' motions have clearly indicated that plaintiff is
entitled to discovery before further motions of summary judgment
may be considered.
"Partridge's involvement or
the lack thereof are matters pecu-
liarly within her knowledge and
others working at the paper . As
such, plaintiff should not be ex-
pected to furnish proof on that
issue before having the oppor-
tunity to complete appropriate
discovery proceedings." (CPLR
3212(f)). (Shaprio opinion, p.2)
"Accordingly, the motion to
dismiss on this ground by defend-
ants Murdoch and Ryan is denied.
This determination is without
prejudice to a motion, after appro-
priate discovery by plaintiff, for
summary judgment based on lack of
advanced knowledge of the article
by said defendants."(Fraiman opinion,
p . 2)
It is patently unfair to allow parties to r emove themselves as
defendants, or obtain accelerated judgment \vhen the facts upon which
their l iability arises are solely within their knowledge, and the cases
.J ..
.17.
clearly recognize that plaintiff may not be penal ized because
he has no opportunity to develop proof in support of his complaint.
Mobil Oil Corp. v . Town of Hempstead, 59 A.D.2d 551, 397 N.Y.S.2d
141 {2nd Dept. 1977); Leopold v. Britt, 58 A.D. 2d 856, 396 N.Y.S .2d
860 (2nd Dept. 1970).
The res judicata effect of the l aw of the case doctrine
bars accelerated judgment in precisely the circumstance present here,
where various defendants have a lready had two opportunities to seek
summary judgment and have been rejected by the court on both occasions .
For these reasons the present motion must also be denied.
CONCLUSION
Defendants l a unch numerous attacks upon plaintiff 's com-
plaint, all of which could have been raised a nd should h ave been
raised in previous mot ions. Defenda nts no where seriously deny the
existence of material issues of fact concerning for example the
degree of invol vement of several of the individual defendant s , or
the question of wheth e r a jury might reasonably read the article
to allege that the plaintiff is a paid government informer who was
part of a pattern of harassment against the decedent Tom Forcade , who
informed on Tom Forcade and participated in various criminal acts
directed against him and his friends , and who ul timatel y drove
Forcade to take his own life. The existence of these mate rial
issues of f act, toge ther with the defendant s ' failure to submit any
,;-.. t
" ··' .. 18.
proof regarding the same on this motion and the res judicata
effect of the previou s decision require that the instant motion
be denied in all respects.
Dated: New York , New York
June 22 , ~ 9   9
Of Counsel :
Marc Kahn
Respectfully submitted,
\
ROSENSTEIN & KAHN
Attorneys for Plaintiff
223 Broadway
New York, New York
(.212 ) 3 7 4 -14 3 8
~ ~ -----
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
------ ·- - ·- ·--X
CHIC EDER
1
Plaintiff,
-against-
ALAN J. WE BERMAN
1
ajk/ a A. J. WEBERMA.l\1
1
WILLIAM J. RYAN, MARIANNE PARTRIDGE
1
RUPERT MURDOCH and THE VILLAGE VOICE, "INC.,
Defendants.
.
..
.
.
- - - - - - - - X
· ..
MEMORANDUH "IN SUPPORT
OF DEFENDANTS' MOTION
FOR SUMMARY· JUDGMENT·
SQUADRON, ELLENOFF, PLESENT & LEHRER
Of Counsel:
Neal M. Goldman
Slade R. Metcalf
551 FIFTH AV ENUE
NEW Y 0 R K, N . Y. I 0 0 17 .
(212) 661-6500
Index   o ~ 02206/79
SUPREr1E COURT OF THE STATE OF NE\'V YORK
COUNTY OF NEW YORK
- - - - - - - - - - - - - - - - - - - - - - X
CHIC EDER,
Plaintiff ,
- against-
ALAN J . WEBERMAN , a/k/a A. J . WEBERMAN, .
WILLIAM J . RYAN , MARI ANNE PARTRIDGE,
RUPERT MURDOCH and THE VILLAGE VOICE, INC . ,
Defendants.
- - - - - - - - - X
MEMORANDUM I N SUPPORT
OF DEFENDANTS' MOTION
FOR SUM.HARY JUDGMENT
Index No. 02206/79
This memorandum is submitted on behalf of defen-
dants Alan J . Weberman ("Weberman"), News Group Publications,
Inc . ("Group") (formerly known and sued herein as The Vil l age
Voice , Inc . ["VVI" ]), Wi lliam J . Ryan ("Ry an"), K. Ruper t
Hurdoch ("Hurdoch") and Harianne Partri dge ( "Partridge" ) in
support of their motion for summary judgment dismissing the
outrageous claims for libe l and prima facie tort brought
against them.
The Parties
Plaintiff Chic Eder ( "Eder " ) is said to be a resident
of the State of New York who is styled in the Complaint as an
innocent , well-meaning " entrepreneur , and venture capitalist,
and the sole owner and successful operator of a boating and
yachting business." (Compl aint [ "Compl ." ] , •6) . His testi-
mony on examination before trial , however , portrays a radically
different character--one of an " outlaw", the antithesis of the
upright citizen who is suffering the degradation of a defamed
r eputation.
Group is , as VVI was for many years, the corporate
publisher of a weekly newspaper entitled The Village Voice
( "The Voice " ) , which is distributed throughout the New York
metropolitan area . Ryan, formerly the President of VVI and the
Publisher of The Voice , is a Vice President of Group and
President of the Village Voice Division . Murdoch , the Chair-
man of Group , was a director of VVI. Partridge was at the
time of the publication of the Article and until December 31 ,
1978, the Editor of The Voice .
Defendant A. J . Weberman is and was a freelance
writer who wrote the article complained of (the "Article")
which appeared in the November 27 , 1978 issue of The Voice.
The Complaint
The Complaint sets forth five purported causes of
action , all pertaining to the same publication, in es.sence an
obituary for Tom Forcade (a well- known member of the counter-
culture) who committed suicide on November 16, 1978 . (A copy
of the Article is annexed to the Complaint as Exhibit " 1" . )
The sole reference to plaintiff in the lengthy , but obviously
compassionate Article is as follows:
- 2-
"In 1977, a federal grand
jury in Brooklyn began an in-
vestigation concerning Torn
Forcade based on the testimony
of Chic Eder , a high - level DEA
informant who has been char-
acterized as ' Mr . Marijuana '
in several magaz i ne articles . "
From this brief reference , plaintiff extrapolates
that Weberman intended to tie in Eder as the party responsible
for the various tragedies, l isted in paragraph "10 " of the
Complaint, that befell Forcade .
The first cause of action , dir ected only against
Weberrnan , sounds in p r   m ~ faci e tort. Plaintiff alleges that
he " had a good reputation for truthfulness , worthiness, and
good character" albeit only among his friends and associates
(Compl., ' 17) , that the references to him in the Article were
false and that in writing the Article, Weberman wa s motivated
" solely by personal hatred and animosity" towards him and
published it "for the sole purpose of injuring plaintiff and
causing serious mental and emotional stress ." (Cornpl . ' f ,f 11 ,
12, 13) . Plaintiff further all eges that Weberrnan ' s c onduct
was "outrageous, transcending the boundaries of decency toler-
ated by society and totally without justification. " (Cornpl .
' f 15) • Plaintiff seeks $1 mi l lion in unspecified actual damages
and $1 mil lion in punitive damages from Weberrnan.
Plaintiff withdr ew his second cause of action
at his examination before trial . (Transcript of Examination
- 3-
I.
Before Trial of Chich Eder ["Tr."] , pp . 90- 92 , a copy of
which is annexed as Exhibit "A" to t he accompanying affidavi t
of David Michael s , sworn to the 8th day of May , 1979 [ "Michaels
Aff . "]).
The third purported cause of action sounds in a
tort which will be called "conspir acy t o libel", which alleges
that a ll defendants conspired t o defame t he plaintiff by
publishing t he Article . In parti cul ar , plaintiff all eges
that the following statements were libelous per se , and were
published wit h knowing falsity or reckless disregar d of the
truth, or in a grossly irresponsible manner :
(a) plaintiff laid a fals e information against
Forcade ;
(b) plaintiff commi tted perjury before the grand
jury;
(c) p laintiff conspired to murder Forcade ' s
friend "Jack"; and
(d) plaintiff conspired to commi t a burglary at
Forcade ' s apartment. (Compl . ,[28) . *
Plaintiff claims that his reputation has been damaged with
actual d amage amounting to $1 million and punitive damages o f
$1 million. No s pecial damages are pleaded .
*Since the Article self-evidently says none of these things,
the allegations must be construed to charge libel by innuendo .
- 4-
In his fourth cause of action , plaintiff sets forth
a claim for libel arising from the same publicat ion of the
Article and makes the same allegations as in the third cause
of action as to defendants' conduct , the nature of his
i njury (i.e., to his reputation), and the amount of damages
he seeks. The only differences are that he omits the char-
acterization of "conspiracy•• and adds the following alleg edly
defamatory statements:
(a) p l aintiff is a "high level DEA informant";
(b) a grand jury investigation of Forcade was
based on plaintiff ' s testimony; and
(c) p l aintiff caused the pressure to b uild on
Forcade, resulting in Forcade ' s suicide.
The fifth purported cause of action merely seeks
punitive damages in the amount of $3 million, without any
additional   allegations.
I ndividual defendants Ryan , Murdoch and Partridge
have previously moved for summary judgment on the ground
that they had no involvement in the preparation , editing or
publishing of the Article. VVI has moved to dismiss the
third and fifth causes of action on the ground of legal
infirmity. These motions are still sub judice .
- 5-
The· F"acts
In stark contrast to the i mage of a hard-working
businessman contained in plaintiff 's Compl aint (which he
freely admits that he never saw prior to his own examination
[Tr. 91]), Chic Eder, as he described himself at his deposi-
tion, is a hardened criminal who has little respect for any
l aws, save the one of self- preservation. By his o ~ m admission,
Eder has spent approximate l y 18 o f his 48 years in pr iso n
(Tr . 22) , cannot remember how many times he .has been arrested
(Tr. 15, 25), or the number or j a ils in which he has been
incarcerated (Tr. 21), although he does recall that he has
been convicted a t l east six t imes for felonies (Tr. 15) .
The details of his criminal past will be detailed at Point II ,
infra. Moreover , he freely admits to his disdain for the
laws that govern the community. Thus, he explicates his
refusal to pay taxes as follows: "I have sort of a deal with
the government . Whatever they get is the irs and whatever I
get i s mine." (Tr. 56) .
Eder is primarily concerned that his " reputation"
as an "honest outlaw" has been defamed (Tr. 13). In connec-
tion ~   i th the particular passage of the Art ic+e which r efers
t o him, Eder f eels that the "main thrust of my argument is
this man [Weberman] maliciously called me a government in-
formant" (Tr. 74 ) , although he readi l y concedes that he was
an informant for the Drug Enforcement Administ ration ("DEA" )
- 6-
(Tr. 78)* (as well as the FBI [Tr . 26]) , he disputes the
characterization of "high level" i nformant . He further denies
that he ever performed his civic duty of testifying before a
grand jury (Tr. 80), believing that were he ever to have
executed such a suggestion he be rendered a social
outcast (Tr. 67) .
His assessment of his damages as a result of t he
publication of the Article is so ludicrous as to be laughable.
On the one hand , he swears he did no t make more than $600 in
the years   1977, or 1978; he has never fi l ed any tax
returns (Tr. 54) . On the other, he stresses that his primary
business is the marijuana trade, and that over a period of
time ending in April 1977, Eder and Forcade brought three
shipments of marijuana totalling many t housands of pounds
into the United States (Tr. 43-44). More than one million
dollars has passed through Eder ' s hands while engaged in the
marijuana business (Tr. 58) . He attempts to explain this
obvious inconsistency in his financial status by claiming
that he received no income from his marijuana sales because
the cost of doing business eats up all his profit . In so -
doing , he clearly manifests his contempt for the law- abiding
person and his refusal to accept the norms that govern society:
*For additional confirmation of plaintiff's status as an
informant , see Exhibit B to the Michaels Affidavit , as well
as Tr . 41.
- 7-
"I don 't make any profits, so I don't pay any
taxes. It's obvious what I am saying is I don't
pay any taxes to the United States Government
and I don't have any intention of paying taxes to
the United States Government . Therefore, I am
not going to state under testimony that I made
money on any ventures ." (Tr . 56).
Eder candidly understands that he is stuck between the r o ck
and the hard spot :
"I am in a cross here . I am damned if I do and
damned if I don't . I'm stating that because of
the Internal Revenue Service h aving access to
what is in fact the public document, which I am
dictating at this point, that I don't want to
state I made more money than that . Hy primary
objection to these lies that were printed about
me is social. My attorney, however , tells me
that I must show financial damage in order to
make my case stronger. I don' t care if my case
is stronger or not stronger. .r.ir .  
maliciousl y defamed me in print and my statement
is this has hurt me socially much more than it
has hurt me on a business level , which is the
purpose. So whatever discussion that you get
into with regard to my finances is pretty much
a dead end because we are not going to get
anywhere. I am not going to admit to you
having made more money than I would have to
pay taxes on. (Tr. 68-69) .
Eder asserts that an undisclosed source withdrew a
$100 , 000 investment in a magazine venture set up by Eder
after the publication of the Article (Tr . 64 , 69) , but speci-
fies no details . He then computes his $1 million actual
damages by claiming in his cavalier fashion that the invest-
ment would have grown to that amount by the end of the year
(Tr . 8 8) .
It is this self- styled "outlaw," this fe l on who
freely admits, indeed boasts, of his intention to bre a k the law,
who now appeals to the law to redress t he l oss to his "reputation."
- 8-
ARGUHENT
POINT I
THE FIRST CAUSE OF ACTION
FOR PRIHA .FACIE TORT MUST
BE DISMISSED
The first cause of action in the Complaint seeks
to set forth a cause for prima ·facie tort. The elements to
sustain such a cause are well established: (1) intentional
infliction of harm; (2) without excuse or justification;
(3} by an act or series of acts which would otherwise be
lawful; (4) resulting in actual temporal damage; and (5)
not as any other recognized tort. ATI , Inc. v .
Ruder & Finn, Inc ., 42 N.Y. 2d 454, 398 N.Y.S . 2d 864 (1977);
Advance Husic Corporation v .· American Tobacco Company , 296
N. Y.79 (1946); Sommer v. Kaufman , 59 A.D. 2d 843 , 399 N. Y. S . 2d
7 (1st Dept. 1977); Meehan v . Newsday, I nc ., 54 A.D. 2d 560 ,
387 N. Y. S.2d 13 (2d Dept . 1 976) ; Ruza v . Ruza , 286 App.Div .
767 , 146 N.Y.S.2d 808 (1st Dept. 1955) .
It is obvious that Eder cannot make out at l east
three of these elements . First, plaintiff cannot prove that
defendants acted sol'ely out of ill will and intended to harm
him. If any self-interest or other justification can be
shown on the part of defendants , plaintiff cannot recover
for a prima facie tort . Cummings v. Kaminski· , 56   2d
784, 290 N.Y.S.2d 408 (Sup . Ct . Kings Co . 1968). Here , the
subject matter of the article is manifestly of public concern
- 9-
and publ ication is justified in the interest of dissemination
of news .
Secondly , the cause of action for p r ~ ~   facie tort
is not supported by explicit allegations of special damages.
J ohn C . · Supermarke-t·, : Inc. v . New Yo'rk Property I'nsurance
Underwriting Assoc. , 60 A.D.2d 807, 400 N.Y. S.2d 824 (lst
Dept . 1978); Br andt v . \.Vinchell, 283 App. Div . 338 , 127
N. Y. S . 2d 865 (1s t Dept . 1 945) . (See the extended discussion
of the l ack of special damages at Point II, infra . )
"[ G] iving plai ntiff the benefit of
every favorable inference which can
be drawn from his all egat i ons , the
complaint does . not set forth facts
whi ch show a prima facie tort . A
cause of action must be judged by
its allegations , not its l abel.
Plaintiff ' s allegations contain no
mention of special damage, but only
of alleged compensatory and punitive
damages . The law is clear that a
cause of action for prima facie tort
must contain a statement of reasonably
identifiable losses sustained by the
p l aintiff , i . e .; only actual o r spe cial
damages can be recovered 0"7al sh Bros .
v . Ruppert , 7 A. D. 2d 896 , 181 N. Y.S . 2d
915) . Here, the complaint contains no
such allegation and thus shoul d have
been dismissed (see Holt v . Columbia
Broadcast ing· ·System ,22A. D. 2d 7 91 ,
253 N. Y. S . 2d 1020. " Bohm v. Holzbe rg ,
47 A. D.2d 764 , 365 N.Y. S . 2d 262 , 264
i2d . Dept . 1975) .
Finally, p l aintiff may not recove r damages for a
singl e publication based o ~ prima £acie tort because his
allegations fal l within the tradit i onal category of libel .
Russo v . Advance Publ·ications , Tnc ., 33 A.D. 2d 1025 , 307
- 10-
I.
N. Y. S . 2d 916 (2d Dept . 1970); Lake !1innewaska Mountain Houses ,
I'nc . v . Smiley, 58 Misc.2d 1001 , 297 N.Y.S.2d 243 (Sup . Ct.
Ulster Co . 1969) . The first cause of action must be dismissed.
POINT TI
THE WORDS COMPLAINED OF
ARE NOT LIBELOUS PER SE
AND THE COMPLAINT FAILS
TO ALLEGE SPECI AL D'AMAGES
The third and fourth causes of action both sound
in l ibel. Since Eder has conceded that he was a DEA in-
formant , the only statement of which he can conceivably
complain is that in 1977 " a federal grand jury in Brooklyn
began an investigation conce rning Tom Forcade based on the
testimony of Chic Eder ••• "* As in any case of alleged
libel, the initial inquiry must be whether or not the publi-
cation is libelous per ·se . The question of whether the words
complained of are libel ous per se is for the court to decide .
James v . Gannett Co. ·, Inc ., 40 N. Y. 2d 415, 386 N. Y. S . 2d 871
(19 7 6); Tracy v. Newsday , Inc . , 5 N. Y.2d 135 , 182 N.Y. S.2d
(1959) ; McO.art v. Morris, 58 App. Div . 2d 700 ,- 396 N.Y.S.2d
107 (3rd De pt . 1977) .
*The characterization of him as "Mr. Marijua na" certainly
adheres to his own description of his business a c tivities .
-11-
The s t atement complained of is obviously not an
accusation that p l ainti ff committed a crime of moral turpi-
tude . See Levine v . Kiss , · 47 App . Div . 2d 544 , 363 N. Y. S . 2d
1 01 (2d Dept . 1975). These words are not the kind t hat
"tend ' to expose [plainti ff ] to hatred , contempt or aversion ,
oi to induce an evil or unsavory opinion of [ p l aintiff] in
t he minds of a substantial number of the community' (Mencher
v . Chesley , 2 9 7 N. Y. 9 4 , 1 0 0 , 7 5 N. E. 2d 2 57 , 2 59)
"
Moran v. Hearst C'orp·or·ation, 50 A-• .D . 2d 52 7 , 3 7 5 N. Y. S . 2d
113, 114 (1s t Dept . 1 975 ), aff . 40 N. Y. 2d 1071 , 392 N. Y. S .2d
253 ( 1976).
The Article merel y says that Eder gave testi mony
on the basis of which a federal grand jury began an investi -
gation of Forcade . The reader could view Eder ' s testimony
as voluntary or involuntary (compelled by a subpoena) . In
either ev ent , Eder is characterized only as performing his
civic duty by corning forward with evidence . He is never
charged with having given false testimony. Nor is it said
that Forcade ' s suicide resulted from such testimony. Even
assuming that he never testified before this grand jury in
1977 (although he clearl y concede s having been an informant
for the DEA) , such an " accusation" is clearl y not defamatory ,
and certainl y is not libe lous per se .
If saying that a belly dancer told a reporter that
"Men is my business " was not defamatory , James v . Gannett Co . ,
-12-
Inc., supra , if describing someone as a "friend," even with
our modern vocabulary , was no accusation of an illicit sexual
relationship, \vas not imprope r,· Heaphy v . - Hestchester Rockland
Newspapers, Inc . , 47 A. D.2d 922 , 367 N.Y.S.2d 52 (2nd Dept .
1975), affirmed 40 N. Y. 2d 861, 387 N.Y.S . 2d 1009 (1976); or
if r eporting that a policeman "opened fire" and "gunned down"
a suspect was not libelous, Orr v. Lynch, 60 A.D. 2d 949, 401
N.Y. S . 2d 897 (3rd Dept. 1978), affirmed 45 N.Y.2d 903, 411
N.Y.S . 2d 10 (1978), then a statement that one testified before
a grand jury cannot possibly be deemed to be defamatory at all ,
much less to be libelous per se .
Indeed, one case has specifically held that an
accusation that one person brought a criminal charge against
another is not libelous p e r se .
"Nothing said i n t he article can be shown
to affect respondent ' s business (Shakun v.
Sadinbff , 272 App.Div . 721 , 74 N. Y.S.2d
55 6) or would permit more than speculation
that responde nt was guilty of unseemly or
improper conduct · (Nichols v . Item Publ ishers,
309 N. Y. 596 1 32 N. E. 2d 860; Loud1n v . Mohawk
Airlines, supra) . The articles characterize
respondent as the vict i m, not the aggressor ,
and indicate he is bringing criminal charges,
not· being accused of crime . Possibly, he
may suffer some embarrassment and be the
brunt of friendly j est , but we cannot see
that he will be subjected to 'ridicule or
contempt by asserting some moral discredit
upon his part ' (Katapodis v . Brooklyn Spec-
tator , 287 N. Y. 17, 20 , 38 N. E. 2d 112, 113)
or that his reputation will be affected .
' Though the report may be false and probably
offens ive , it i s not acti onabl e .' (Trac y v .
Newsday, supra , 5 N. Y. 2d p. 1 38 , 182 N. Y. S . 2d
p . 155, 1 55 N. E. 2d p. 5 .)" Robert v. Troy
Record Company, 31 A.D.2d 574 , 294 N. Y. S . 2d
723 , 724- 725 (3rd Dept . 1968).
-13-
Where the defendant 's utterance is not libelous
per se, the plaintiff must plead special damages as an essential
element of the cause of action. Drug Research Corporation v .
Curtis Publishing Co., 7 N.Y. 2d 435, 199 N.Y.S . 2d 33, 166 N.E.
2d 319 (1960) ; Meehan v. Newsday , Inc., 54 App . Div . 2d 560 , 387
N. Y. S . 2d 13 (2d Dept . 1976); McGraw v . Watkins , 49 App .Div.2d
958 , 373 N. Y. S.2d 663 (3rd Dept . 1975); Spring Joint Venture
v. Fairchi ld· Publicatio:ns, Inc., 33 App.Div.2d 515, 303
N.Y. S . 2d 999 (1st Dept. 1969). Failure to do so requires
dismissal of the cause of action . Crash-ley v. Press Publishing
Co., 179 N. Y. 27, 31, 71 N. E. 258 (1904) . Accord, Hartmann
v . Winchell , 296 N. Y. 296, 73 N.E. 2d 30 (1947); Reporters
Assn . of America v . Sun Printing ·& Publishing Assn ., 186 N.Y.
437, 79 N.E . 710 (1906).
Plaintiff has made no attempt in his Complaint to
particularize his compensatory damages. He merely claims a
round figure of $1 million to compensate himself for unar ti-
culated damage t o reputation (Compl. ,[,[ 31 and 36) . Such
generalized pleading cannot sustain a cause of action. Eder • s
meagre attempt at his deposition to break d own the $1 milli on
is woefully inadequate and even ludicrous. (See p. 8 , supra) .
Our courts have repeatedly held that where, as
here , special damages must be a l leged, the claim is insuffi-
cient unless the complaint names (1) the customers, clients
or patients who are said to have taken their business a\.vay
from the plaintiff as a result of the offending publication;
-14-
(2) the specific contracts lost; or (3) other particularized
damage. Rager- v. McCToskey, 305 N.Y. 75 (1953), rearg; denied
305 N.Y. 924 (1953); Rep·o:r -ters· :Assn. of America v . Sun Printing
& Puqlishing Assn., supra; · Henkin v. News Syndicate Co., Inc.,
2 7 Mi s c . 2 d 9 8 7 , 9 8 8 , 21 0 N • Y • _ S • 2 d 3 0 2 , 3 0 4 ( Sup . C t . N . Y • Co .
1960), aff'd 19 A.D.2d 862, 243 N.Y.S.2d 667 (lst Dept. 1963).
"The general allegation of
special damages contained in
the second cause of action is
clearly insufficient without
revealing the names of the
business associates who ter-
minated the alleged financial
promotions, undertakings and
joint ventures and the nature
and status thereof at the time
of the publication of the let-
ter. As presently alleged, the
plaintiffs are left to the realm
of speculation." Levine v.
Teitler, 6 Misc.2d 592, 593,
164 N.Y.S.2d 588, 590 (Sup.Ct.
Queens Co. 1956) .
Further, the precise amount of financial damage
suffered must be stated or the cause of action cannot stand.
As the Court of Appeals said in Drug Research Corporation v .
Curtis· Publis.hing· Company, supra, 7 N.Y.2d at 441: "The
damage claimed is $5,000,000. Such round figures, with no
attempt at itemization, must be deemed to be a representation
of general damages." In Carrol v . Watterson, 18 6 App .Div.
703, 704, 175 N.Y.S. 24 (1st Dept. 1919), it was held that
the complaint alleged only general damages and was therefore
defective in a lleging merely that p l aintiff :
-15-
"has been damaged and injured
in his reputation and standing
and held up t o public scorn and
d i sgrace and was discharged from
h i s employment, and has suffered
and will continue to suffer great
mental pain and anguish, and has
sustained damages in the sum of
$2,000."
It is now t he settl ed law of this state that where
a statement is not actionable per se, the plaintiff ' s internal
f eeling s can form no element of recoverable damage .
"It was earl y establ ished in
t his state . . • that an action
to recover for the utterance of
defamatory words, not actionable
in themselves, could not be sus-
tained by pr oof of mental dis-
tress and physical pain suffered
by the complainant as a result
thereof ." . Garrison v . Sun Print-
ing and Publishing Association,
207 N.Y. l , 4, 100 N. E. 430 (1912) .
Accord , Shepard v . Lamphier., 84
Misc . 498, 504- 05, 146 N. Y. S . 745
(Sup . Ct ., Erie Co . 1914) .
Since plaintiff 's third and fourth causes of action fall far
short of the requisites for pleading speci al damages , they
must be dismissed. Wehringe-r v . Allen- Stevenson School, 45
A. D. 2d 6 41, 360 N. Y. S . 2d 429 (lst Dept. 1 974) , aff . 37 N. Y. 2d
864, 378 N.Y. S.2d 46 , 340 N. E. 2d 478 (1975), cert denied
424 u. s . 924 (1976) .
-16-
POINT III
THE LIBEL CLAIMS MUST BE
DISMISSED SINCE PLAINTIFF
IS LIBEL-PROOF
The fundamental damage arising from a libelous
publication is injury to reputation. Morrison v. National B!:oad-
casting Canpahy, 19 N.Y.2d 453, 280 N.Y. S. 2d 64],. .(1967) .
If an individual
has no decent reputation to protect, then he cannot possibly
i ncur any damage. He is deemed to be libel-proof.
Chic Eder is one individual in this special category
of hardened criminals who must be found to be libel- proof.
His criminal record is ample. He began his life of crime at
the tender age of thirteen when he was convicted of possession
of marijuana and spent three years in a reformatory (Tr .l2) .
In 1950 , he p l eaded guilty to transporting a stolen car across
state lines and was put on probation (Tr .l4) .
Nine years later, Eder was convicted of possession
of marijuana, and was sent first to the United States Public
Health Service Hospital in Lexington, Kentucky, and later to
the U. S. Penitentiary in Atlanta , Georgia (Tr . 20, 21) . Eder
was convicted in 1 964 of possession of marijuana and possession
of stolen property and was sentenced to 4 years in Folsom
Prison, California (Tr.l8, 21) . Despite these jail sentences,
he again was convicted of possession of marijuana in 1968 or
1969 and was sent to the California Rehabilitation Center i n
Corona , California (Tr . 210 , 21) .
-17- .
TWo years later, Eder was again convicted of posses-
sion of marijuana as ~ e l l as the crime of possession of a
fire bomb i n connection with the burning of the Bank of America
in Isla Vista , Santa Barbara, California (Tr. 16, 19) . As a
result of that conviction he served time i n a number of
California prisons, including San Quentin, Folsom and Soledad
(Tr. 21). While serving that sentence he escaped, leaving a
note saying that he would be back 5 months later . He was
subsequently convicted of escape (Tr. 18). He was released
from prison in December 1974, after he had agreed to provide
the United States government with certain information (Tr. 30).
In 1977 , Eder was convicted of possession of 5 , 300 pounds of
marijuana and received a three-year sentence (Tr . 19 , 22) . He
is currently appealing that conviction (Tr. 21).
Marijuana ·is not the only drug Eder has used; he was
a heroin addict for 11 years (Tr. 21). Over the objection
of his attorney, he freely admitted that he has broken all the
marijuana laws (Tr . 23) . Chic Eder has been in prison for
approximately 18 of his 48 years (Tr . 22) .
He disdains the community ' s mores and freely expresses
his contempt for its l aws . He cannot , as a matter of law, be
held to have a protectable reputation among law- abiding people,
and any damage to his reputation among the community of " outlaws"
is not actionable in this Court . In Cardillo v . Doubleday &
Co ., ~ n c .   518 F.2d 638 (2d Cir . 1975) , the plaintiff was
- 18-
serving a sentence in prison for assorted felonies . He had
previously been convicted for, · ·inter alia , receiving stolen
property . Although he admitted the commission of certain
crimes , he denied committing other crimes set forth in a book
cal led My Life in   published by defendant publisher .
The court affirmed the granting of summary judgment specifi-
cally on the following basis :
"For we consider as a matter
of law that appellant is , for
purposes of this case , libel-
proof, i.e., so unlikely by
virtue of his life as a habitual
criminal to be able to recover
anything other than nominal
damages as to warrant dismissal
of the case, invol ving as it
does First Amendment considera-
tions . See Urbano v. Sondern,
41 F.R.D.355 , 357 (D. Conn.) af f ' d ,
370 F . 2d 13 (2d Cir. 1966), cert.
denied , 386 u . S.l034 , 87 s.ct .
1485 , 18 L.Ed . 2d 596 (1967) i
M·atthe·is v . Hoyt , 13 6 F . Supp.
119, 124 (W.D.Mich.l955) ."
518 F.2d at 639-640.
Cardillo , as the Court of Appeals subsequently emphasized [See
Buckley v . Litte ll , 539 F.2d 882 , 888- 889 (2d Cir. 1976) ,
cert . denied 429 U. S. 1062 (1977)] , is particularly applicable
to a " factual context" such as we have here , where the plaintiff
is a "habitual c r iminal."
The United States District Court for the District of
Columbia recently found another admitted drug user to be
incapable of establishing any actual damage (as required by
Gertz v . Robert We·lch, · 'Inc. , 418 u. s . 323 [1974]) , and thus to
be libel- proof.
-19-
"The plaintiff had a federal
narcotics violation conviction
in 1958, was charged with a federal
narcotics violation in 1966 and
committed under the Narcotics
Addicts Rehabilitation Act Program,
had an unlawful entry conviction in
1974, and is presently serving a
sentence of 2-8 years for a federal
firearms conviction. Furthermore,
the plaintiff attempted to become
a "hit man" for the Sti ng oper ation
and told the undercover officers that
he had committed a murder. Thus, it
is highly unlikely- that if the plain-
tiff was to somehow prevail on the
legal issues he would be able to
recover damages and therefore, he
will be found "libel-proof" as a
matter of law."
Logan v. District· of Columbia,
447 F.Supp. 1328, 1332 (D.D.C.
19 7 8) •
In 1976, the noted assassin James Earl Ray sued
Time, Inc. and others for libel concerning a magazine article
reporting on Ray's criminal past. The court found Ray , like
Cardillo, to be "a convicte d habitual criminal and is so
unlikely to be able to recover damages to his reputation"
that he was libel-proof. Ray v. Time, Inc., 452 F.Supp.618,
620 (W.D.Tenn. 1976), affirmed 582 F.2d 1280 (6th Cir. 1978).
Like Ray, Eder has no fav orable reputation to protect; he is
indeed libel-proof and the libel claims must be dismissed.
-20-
POINT IV
THE FIFTH CAUSE OF
ACTION CANNOT SET
FORTH A SEPARATE
DISTINCT CAUSE
FOR PUNITIVE' DAHAGES
Plaintiff ' s fifth cause of action, a claim for
punitive damages , does not set forth a separate and distinct
cause apart from the underlying claim. Ferrucci v . State,
42 A. D. 2d 359, 349 N.Y.S.2d 236 (3rd Dept . 1973), aff ' d .
34 N.Y. 2d 881 , 359     279 (1974); Cornell v . State,
46 A. D. 2d 702 , 360 N. Y. S . 2d 285 (3rd Dept . 1974).
11
As t o those portions of the
claim seeking punitive damages ,
we need go no further than to
recite that claims for such darn-
ages are not separate causes of
action but , rather , constitute
an element of single total claims
for damages for underlying causes
of action (Knibbs v . Wagner, 1 4
A.D. 2d 987, 222 N. Y.S . 2d 469;
Gill v. r.lontgomer y Ward & Co . ,
284 App . Div. 36, 41 , 129 N. Y. S .
2d 299 , 295) . " Ferrucci v . State ,
supra , 42 A.D. 2d at 362; 349 N. Y.S.
2d at 239 .
Accordingly , the fifth cause of action must be dismisse d.
- 21-
'CONCLUS-ION
The motion of all defendants should be granted
and the Complaint dismissed.
Dated: May 8, 1979
Of Counsel :
Neal M. Goldman
Slade R. Metcal f
Respectfully submitted ,
DAVID MICHAELS, ESQ .
Attorney for Defendant
Alan J. Weberrnan
342 Madison Avenue
New York, New York 10017
(212) 867- 1170
SQUADRON , ELLENOFF , PLESENT
& LEHRER
Attorneys for all other
Defendants
551 Fifth Avenue
New York , New York 10017
(212) 661- 6500
- 22-
II
!
'
l
II
!I SUPREHE COURT OF THE STATE OF NEW YORK
. COUNTY OF NEW YORK
I•
II :H:C-E:E:,- -- --
il
II
II
-against-
Plaintiff,
ji ALAN J . WEBERMAN, a/k/a A. J . WEBERMAN ,
WILLIAM J . RYAN , MARIANNE PARTRIDGE ,
- X
RUPERT MURDOCH and THE VILLAGE VOICE , INC.,
I!
Defendants .
I' - - - - - - - - - - - - - - - - - - - - X
I
I
STATE OF NEW YORK )
AFFTDAVIT
Index No . 02206/7 9
1
1
11
COUNTY OF NEW   ss. :
DAVID MICHAELS , being duly sworn , deposes and says:
,!
p
,,
1 . I am an attorney duly admitted to practice in the
': courts of the State of New York and represent Alan J . Weberman,
l one of the defendants in the above- captioned matter . I submi t
I
this affidavit in support of a motion by all defendants for
summary judgment dismissing the Compl aint .
2 . Contrary to p l aintiff ' s favorable vision of himself
set forth in his Comp l aint, plaintiff ' s testimony at his exami-
nation before
I
trial shows the real Chic Ede r , a hardened criminal
j who has spent almost half his life behind bars , who has multiple
fe l ony convictions, admits that he has been arrested more times
I
I
I
than he can remember , and, hence, defendant is l ibel- proof.'
. A copy of the transcrip-t of plaintiff ' s examination is annexed
!! hereto as Exhibit A, and a copy of the Complaint accompanies this
motion .
II
3. Plaintiff conceded, in his examination testimony,
I I
the facts as stated above , but contended that his primary concern
ll in this matter was that his reputation as an " honest outlaw" \vas
I'
ll defamed by the allegat ion that he had testified before a Grand
!: Jury. Defendant contends, however , that such allegation is , as
II
a matter of law, not defamatory and that p l aintiff ' s reputation
I!
as a criminal and in crimirtal circles is not protectable in law
II or equity.
j;
4 . In his Complaint , plaintiff charges that it was
!l false and defamatory to characterize h i m as a " high- level ' DEA
·1 informant ." But Mr . Eder conceded at his examination that he
lj gave information to the DEA, and his own former attorney publicly
II stated that his client was a DEA informant . A copy of an item
1: from High Times magazine confirming this information is annexed
I --
li hereto as Exhibit B, and , in all regards, the arguments here
:1 supporting summary j udgment are fully set forth in the accompany-
! ing memorandum of la\v which , it is submitted, demonstrates the
utter l ack of merit and complete frivolity of this action in t he
absence of special damages.
1! for
WHEREFORE , it i s respectfully prayed that the Motion
Summary Judgment be granted in all respects and the Complaint
dismissed.
Sworn to before me this
8th day of May, 1979 .
SJJ>
Not ary Publ ic
DAVID MICHAELS
- 2-
DAVIDS. MICHAELS
A TTORNEY AT LAW
1212) 867-11 70
Mr . A. J. Weberman
6 Bleecker Street
New York , New York
Dear A. J.
8.//2
 
May 14, 1979
I enclose our memorandum for summary
judgment, along with my affidavit. It is my view that we
can feel reasonably confident about the ultimate outcome
of this action.
DSM: gs

DAVID S. MICHAELS
Enc.
DAVID S . MICHAELS
:342 M A D ISO N AV EN U E
NEW YOR K , N .Y. 1001 7
Rosenstein & Kahn, Esqs.
225 Broadway
New York, New York 10007
Attn: Marc Kahn, Esg.
April 27, 1979
Re: Cuic Eder v. A. J. Weberman
Dear Mr. ICahn :
I am sorry to have to inform you that the
pressure of urgent matters makes it impossible for me
to appear on MOnday at the scheduled continuation of
Mr. Weberman's deposition. Please be so kind as to call
my office to arrange an alternate date.

 
DSM:gs DAVID S. HICH&.17LS
cc.:
Slade Metcalf, Esq.
Squadron, Ellenoff, Plesent & Lehrer, Esqs.
551 Fifth Avenue
New York, New York
Mr. A • .J. Weberman
6 Bleeeker Street
New York, New York
P. s. In order to avoid any inconvenience as you must
already know
1
I am informing you of the contacts of
this letter by telephone, today, April 27
1
1979.
DAV IDS. M I CHAELS
ATTORN E Y AT LAW
(212) 867 - 1170
Mr. A. J . Weberman
6 Bleecker Street
New York, New York

./f£u-   /00/7
July 20 , 1979
Re : Re ply Motion Papers Received
From Kahn
These are the originals which I am sending to save
photocopying cost s . Please pay your the small amount
overdue.
P ,_:;Tr
DSM:
_B,'I.RNEY RosENSTEIN
HARC J<AH:s'
July 13, 1979
Hon. Hortense Gabel
Supreme Court
New York County
60 Cen·tre Street
NeH York, NY 10013
Re: Eder v. 1·7eberman,
Index No. 4265/79
Motion for s=-nary
Dear Judge Gabel:
RosENSTEXN & KAHN
COUNSELORS AT LA '.I'/
et al.
2 2 S 6 ROADWAY
NEW YORK, N.Y. !0007
(212) 374-1438
judgment- Special Term Part I June 29, 1979
We are attorneys for Chic Eder the plaintiff in the above captioned
action. On June 29, 1979 defendar;t.ts moved in Special Term Part I
for_sur:unary judgment. The moving papers, answering papers, and reply
papers have previously been submitted to the Court.
Subsequent to the re·turn date, two cases have come to our attention which
we respec-tfully enclose for consideration by the Court. In the first,
Rinaldi v. Viking Penguin Inc., New York Lav1 Journal, June 29, 1979,
page 6 column 1, Judge Kassal declined to grant summary judgment to
the moving defendants in a libel suit. The Court, noted the constitu-
---tional burden placed on a public official, or public figure \vho seeks
to maintain an action for defamation. The Court congJ,uded, accordingly,
" ... as has recen-tly been recognized by the Supreme Court ;-this burCien
requires the public o f f i   i ~ l be given an opportunity to obtain the
evidence necessary ·to establish his claim.", citing Herbert v. ·La-ndo,
-u.s. - 99 S.Ct. 1635. Judge Kassal essentially held that the plain-
·tiff could not be foreclosed by summary judgment from having an oppor-
tunity to discover facts necessary to prove his.case. In the posture
of our cas·e, where two judges have previously denied motions for accel-
erated judgment, and directed that plaintiff have an opportunity to
conduct discovery, He think the same reasoning should apply. A copy of
the Lando case is also enclosed for your Honor's co·nsideration.
,
·-
July 13, 1979
Hon . Hortense Gabel
Page 2
The second case we wish to call to your Honor's attention is the case of
Wolston v . Readers Digest Association Inc., No . 78- 54 14 , 47 u.s. Law
Week 4840 (June 26 , 1979 ). In that case , rever sing the defendants'
motion for s ummary judgme nt, the Court redefined in part the criteria
for "public figure" classification, and explicitly rejected the claim
t h at those convicted of a crime where ent itled t o l ess protection under
the law of· libe l .
"(Our reasoning) l eads us to reject
the further contention of respondents
that any person who engages in criminal
conduct automatically becomes a public
figure for purposes ·o f comment . .. . to
hold otherwise would create an 'open
s eason ' for all who sought t o defame
persons convicted of a crime."
While Wolston is not identically in point with our case, t he   n   l ~ g y
is relevant in view of defendants' consistent harping on plaintiff ' s
criminal past . Just as the mere f act of a criminal record should
not preclude plaintiff who may b e a "publ ic figure " from h aving an
opportunity to get to Court , so the fact of pl a i ntiff ' s prior criminal
record should not preclude his opportunity for discovery of facts
material to his case .
These various decisions are r espectfully submitted for your Honor ' s con-
· sideration.
Kahn
MK : ss
Encl s .
cc : Slade Metcal f , Esq.
David Michaels, Esq .
I ( (,

STATEMENT
By Dean Latimer
9 May 1979
Generally I make a policy o f never speaking to defendants in drug cases, simply
because they're liable to tell things which, if I were to• publish them in
-
High Times, might turn out to hurt them in c ourt later. Instead I commonly first
read all the press reports pertaining to the case in hand--and in s pecial cases,
send away for the indictments--and then get the real details from the lawyers
involved. In the case of these "Black Tuna" people, t hough, things have wo rked
out differently.
Thms is a f ederal case involving 14 defendants charged with c nnspiracy to
conduct a "continuing criminal activity" from 1976 to 1979; supposedly over that
time they moved some mil lion pounds of grass from Colombia to the US. The main
statute under which they 're being prosecut e e is the   Influenced and
Corrupt Organizations a c t o f 1969, under which--as I understand it--anyone impli -
cated in a " c ontinuing criminal activity" can be charg ed with ali overt acts
committed in the course of the conspiracy, including those which he or she wasn 't
necessarily involved in or aware of . The law also provides for the freezin g of
all defendants
1
assets a md proper.ty, lllmm upon the prosecutor
1
s request, pending
the outcome of the case; and this has been done with the three top defendants here ,
Bob Platshorn, Bob. Meinster and Ehip Elliott. ·consequently, they seem
to be having considerable difficulty getting the front money together to fetain
the sort of well-connect9d, t op-dol lar s ort of South Florida lawyer they'll need.
Now the mmem indictment, over a hundred pages long, i s an o bvious tissue of
misrepre sentations and outright purge rya; the main pros e cuti on figures (called here
·. ... \
I
/
I
..I
/
I
statement 2
"non-indicted co-conspirators") are two Noeth Carolina cabin-cruiser-smugglers
turned snitches, named Wad e Bailey and George Purvis Jr. The main part of the
indictme nt, when the " overt acts"lfistart coming thick and fast and in great detail,
commences after an alleged 1977 "mother ship" move off Cape Hatteras, in which
Bailey and Purvis transportee a batch of dope from a ship called the Don Elias
into North Carolina. !ailey, a rom paid Customs snitch, blew the operation as soon
as it was c ompleted; Purvis got away somehow, but was named in a North Carolina
indictment on the case.
So Purvis winds up back in Florida, working with these Blakk Tuna people
in a series of dope moves all around the South, none of which s uccee d. At what
point Purvis turned over is still uncl ear t o me (indication s are that h e was
really a sni tch all along, as will s hortly emerge) , but after this point all the
"ove rt acts" listed in the indictment invo l v e' tbml either Purvis or his o ld lady.
For example, m it seems that every defendant who go t alone -with Purvis "ufged
the mmm murder of government a gent Wade Bailey", s0 that they're a ll charg ed with
conspiracy to commit h omocide, t oo . (Bailey in hi s career has dimed on
virtually   everybody he grew up with in Wilming t on and Fayetteville;
if everybody who' s ever said "Le t' s go kill Wade Bailey" we r e prosecuted f or it,
the list of d efendants alione would l ook like the Manhattan phon e b ook.)
So that's the indictme nt. It's ms such an obvi ous cro ck of shit--and those
RICO laws are so horrifyingly fascist--that I immediately took a deep interest in
the case, and put all the news clips about it in a s pecial file. Then about
two weeks aftea the bust (it came down on 10 May), it came out ahat the "ethics"
s h oo-flies in the Justice De partment we r e investigating unspecified " impr o priet ies"
rom c ommitted by unnamed undercover agents (i.e., Bailey and/Or Purvis) involved
in the Black Tuna case .
Well, the s pecial Federal prosecutor mor the case- -whose name h appens to
- ·\
..
·. - ; ..
,.
 
statement -A /
I
be Dana Biehl--wouldn't even take my calls, so I called Platshorn-Meinster's
I
attorney, Neal Sennett, in Miami. Sennett didn't tell me zilch about the shoo-
fly Justice investigation, but he did carry on at length about the curious circum-
,,
stances of the b ~ s t itself. Of course these @mmS guys had known they were being
infiltrated and set up for months beforehand, so they enlisted Sonnett to go t o
the DEA and arrange a safe, mmmm no-hassle surrender number. A DEA guy said
fine, and gave them a date to show up at the office. But at 7 AM on the appo inted
day, DEA goons swarmed over the wall of Platshorn's hasienda in Miami, stuck a
shotgun in his wife's face, pinned his head t o the bed with .38s, and dragged
them both off in cuffs t o jait All this "intrepid police action" got property
furid press coverage, since it happened to all the other people.
At court later that day, Sennett ran into the DEA guy with whom he'd been
negotiating, and asked for an explanation. This ~ m m guy, visibly ashamed and
pissed off , m apol ogized and said the orders for the gangbusters-style sunrise
raids had come straight out o f Grimfin Bell's mm office in Washington. Sonnett,
however, emphasized that he's not defending these Black Tuna guys; m m m ~ he's
representing them in the shoo -fly investigation, when they 're called t o Washington
to testify about Bailey and/Or Purvis.
Now as it ommm turned out, while I was talking to Sonnett, Robert Platshorn
'I
was there in his office. So the next day Platshorn calls me hims elf, at High
Times, and fills me in on at least one part of the shoo-fly investigation. (We
exchanged assurances that b oth our phones were most l ikely tapped, and rapped
... .
statement f l

under that understanding.) I t seems, according to Platshorn, that Wade Bailey
himself, t oward thetclose of his active snitch career, was investigation
by a reporter from the Fayetteville Observero This guy, his name's Tate, got
buddy-buddy and "did things" (dope , I assume) with Bailey, knowi ng he was a DEAl
Cust oms snitch, and actually wore a wire for 51 hours• of conversation. Platshorn
told me (and Tate confirmed it), that on those tapes' is proof that
mk Bailey laid $50,000 in illegally- obtained dope money onto the
" ,
 
federal pr osecut or
f or the Northern District of North lots of coke; and that Anderson
6sed the bread to buy a house for his mistress (he's married). Like a good citizen,
Tate turned these tapes over to the Justice Department months mm ago--and nothing
at all happened until just last week.
Y'see , Platshorn told me, Anderson got his job through the influence of
North Carolina senator Charlie Rose--who also happens t o be the attorney, and has
been f or quite s ome time, of George Purvis, the other snitch in this case. Sen.
Rose is in real tight with this Anders on prosecutor (alleged bribee and mmam
cocaine abuser, if not trafficker), and is actually plumping to get Anderson
appointed f o a Federal ju9geship. And all this really nasty shit broke in the
North Carolina and Miami papers--the morning after Platshorn told me about ·t.
Towatd the end of our rap, we got to chatting about this and that, and
Platshorn mentioned that a year or so back, "a guy froml!l High Times" had been
mooching around their circle down there--Chick Eder. When I informed him that
Eder was sort of the Manhattan equivalent of Wade Bailey, Platshorn actually
seemed startled. He'd evidently thought Eder was Forcade ' s right -hand man
or something. It might just be that Eder's still operating down there; if so,
I'd tieel just a little guilty if that part of our phone rap put him in the
'Glades for good .

· . ... , ..
statement i,.
Since we were on the t opic of High Times people , Platshorn at this
asked h ow it was we had a "Da na Bea le" o n the mas thead, while it's a "Dana Biehl"
who ' s prosecuting him. So I me ntioned tha t Da na ' s on the l am present l y from a
fuash bust in Omaha, which is why--says I here--it' s about 100 percent pos itive
our phone ' s tapped thi s week. Certainly there's been enough cop types skulking
around her e and down at the Yip house , getting more and more obvious as time goes
on, and Dana sta ys out in the c old. We both a greed this was pretty amusing,
and then Platshorn t o ssed out the idea of getting an ad in High Times for Black
Tuna tee -shirts, medall ions, bumper stickers and ot her cute stuff . I thought
this an excellent idea --their money is fr ozen--and pr omised t o do everything I
could t o get them some free space.
Of course there wasn ' t a hell of a l o t I coul d do. When I t o ssed out the
idea t o She lly next day, s he said s h e was l eer y of g iving ad s pace t o indict e d
dope smugglers (she was r eally pr obably mor e l e e ry of having to owe any unnecessary
favor s t o the ad d epartment,) , and said she 'd have t o take it up with Stan Pl ace .
Fortunately, this pros pect was ammmm averte d a bou t ten minutes later , when P l atshorn
called up and asked how much it'd cost to buy a page . I found out, told him,
and h e s aid he'd be ma iling in an ad, with a check, on Monday . Lovely .
Then Platshorn goes on, in a Tush, t o advis e me of two murders allegedly
committed by Geor ge Purvis in the Bahamas, in the       o f DEA agents. It
seems the DEA got · wind of a d ope ship that had been sequestered mm by cops somewhere
in the Bahamas, and was sort of up for auction t o the high e st bidder . Thi s
i s business as usual in the Bahamas , it seems . So some intel l ectual in the
DEA evidently got the bright ide a of having George Purvis buy the boat , r epr esen-
ting himse lf as a s muggl e r, jn ord e r t o re-sell it t o Raul Davi l a Jime n o , the
Co l ombian bigg i e who's a co-def e ndant in t h e Black Tuna indi ctment f or being
I

- . ..
statement ( b
their Colombian connection ("Black Tuna" itself is Davila's knickname, they.s9y).
The idea says Platshorn, to lure Davila out of Col ombia t o Aruba or
Purvis
the Ca,mans or somewhere , where they could bust him. So and a couple
DEA agents arrive in the Bahamas, get a super-swank hotel suite, flash dope and
money all over the place, and get everything arranged with the proper authorities.
:But smmmtlinmm somebody, it seems, has scre't-Jed up the signals. For and
'• I
the DEA stooges motorboat out to the ship where it's moored in s ome harbor, there
turns out to be two Bahamaian constables aboard who aren't going t o give
up the "So he blew them away," charges Platshorn over tapped line.
"George Purvis Junior blew away these two Bahamaian cops ."
The point of this rlisclosure, said Platshorn, is that he's heard there are
Purvis
indictments pending right now in the Bahamas against and his fellm-1 agents
for homocide, and they may come down very soon. Evidently the US government
managed t o persuade the Bahamas authorities to keep a lid on this atrocity f or
a year or so, but once all this Black Tuna business started unravelling, with
the Bailey-Anderson investi gation in North Carolina, and God knows who diming on
whom t 0 't-7hich law-enfor cement agencies, this little caper is due t o blow, t oo .
Maybe all it needs is some press her e in the States, and the Bahamaians will be
-t:
clamoring for the extradition of Purvis and whoever he was And if Purvis
goes up on a capital offense, well--God knows what other hideous shit he ' s been
into with the DEA that he could sing about.
By this point in the conversation, if I'd had an ulcer it would have perforate•
right through my belt -buckle. "If I go mown," says 'Platshorn, "I'm taking a whole
lot of sons of bitches with me." Fine, fine, but do .!. have t o be included in the
lot? If the DEA' s eavesdropping on my phone to pick up news about Dana  
,
·. ..  

..
statement,,
stupid enough), then they now know that! know about this butchery in the Bahamas.
Alleged butchery. If they can dust two Bahamaian cops, will they draw the line
at a dope reporter?
On Monday, I will be giving a copy of this Statement to Platshorn's attorney
here in New York, whose name escapes me right now (I got all the notes stashed
somewhere even I can't get to until Monday). There'll be another copy stashed
with a friend. And now I'm going to go try to get this read, witnessed, and
notarized by an attorney. If Platshorn's lawyer here says it's cool to divulge
any or all of this to the press, it goes to vvery paper and TV station in
f
J. \ \. • ' l I I •
.. ••.t:.\ ' I ' "
• - ._.-, · ·• io l \ i, ... r t t
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'
Associate Editor
High Times Magazine
... . ,..,
. '
\ .
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HOWARD M . SOUADRON
THEODORE ELLENOFT
S TANLEY PLESENT
STAN L EY I . LEHRER
ALLEN A. STCIN
ARTHUR M . S I SKIND
H OWARD B . SOHN
HARVEY H OROWI TZ
NEAL M.OOLDMAN
I RA L EC SORKIN ·
ARTHUn D . STOUl Til
SLADE R. METCALF'
J ONATHAN L. SU LOS
J UDI TH R . COH EN
STUART  
ALISON ANl HO. NC
S TUART ' "· •
• ALSO A M E M D C:R OF F"LORI O>A £tAR
SQUADRON, ELLENOFF, P LES ENT & LEHRER
55 1 f i f TH AVEN UE
NEW YO RK
1
N , Y. 10011
August 9, 1979
David Michaels , Esq.
34 2 Ivladison Avenue
New York, New York 10017
RE : Chic Ede r v. Alan J. Wcberrnan, c t al .
:Dear David:
COUNSEL
DAV I D MILLER
HER MAN E. COOPER
CABLE:
ESCECL.-A\V
T CL!o.PH ONE
12121 66; · E:;SOO
T C LCCOPI ER
12121 b 97- GG86
I am quite d ispleased with the a ttitude of Justice Gabel
tmqards our motion for Summary Judgment. If you haven't
already seen it , T enc lose a copy of the Judge ' s order and
memorandum decision. We are planning on an i nunedj ate appeal
of this order a nd ask if Mr . vmuld like t o joir. in
that appeal.
.L would. appreciate- it if you would l et me of !'-'!.r .
Weberma n's decision by ne xt Monday s i n ce I plan on serving
the Notice o f Appeal on that day .
SRM:rg
Encl.
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Plaintiff ,
-against-
J . l··mr:mRr·tMJ , a/k/ a A. J . . WEBERNAN ,
; nLLL\t1 J. rs.?.H, PAr-TRIDGE ,
RUPER-T HURDOCI[ .:mel TilE VILLAGE il\)ICE , l NC .,
Defendants .
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GAD'r:L I J . :
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Inde'x· ·No .
0220G/79
Defendants ' motion, pursuant CPLTI 3212 , seeking
sumrn.:J.:r::.y j.udqmen.t. i-s·. d eniecL
This is an action for libel in which there have been
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two recent decisions denying by some of the defendants
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for dismissal of: the coTllpLa.in·t pursuant to CI'LH 3211 . Both of i ··1
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t.bosc dcci;:; t oD? . .   tlw Court (I'raiwan , J. and Shap:! r o'·,
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J . ) fe l t that plaintiff should hQVE:' an opJ?or tunity t o complete :·i ·· I
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di scovc:!ry .
Although the basi s for t he relief in the instant motion
i s some'.•lh<lt di ffercnt E,rom th.:tt. of the b1o CI'LR 3211 moti_c;>n.s , .
it docs the bctt.er practice to perni t p l ain':i f f to camp l t'\ t c
di5cove r:-y so that he rni!y be in a position to oppose a summary
j udgr.1en t mot i o n .
Thi s is a ll the more so in a libel act ion
where much of the informat i on neces sary for opposition to a
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motion such as t his , is vJi thin t he knov1ledge of the various
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complet.ion: ·
defenda nts a nd not t o p l a in tiff prior to the
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o f discovery .
The maki ng of this motion and the CPLR 3211
automat i cal l y stayed a ll disclosu re (CPLR 3214 ) .
Plaintiff , who has the burden of proof , should ha ve
an opportu nity to establish h is case . At thi s . stage of
c eedings a s u!Tl.r.1a ry dismi.s s .:tl would not be appropri.:tte . The
arc d i rected to compl e te disclosure expeditiously .
DhTED : J uly 25 , 1979

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UNITED STATES DEPARTMENT OF JUSTICE
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DRUG ENFORCEMENT ADMINISTRATION
Washington, D.C. 20537 MM ,'? l  
Re : 79-626F
Mr. Alan J. Weberman
Independent Research Associates
6 BLeecker Street
New York City, New York 10012
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Dear Mr . Weberman:
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Your -Freeaom o&-In£ormati0n Act request seeking informatjlon £rom
the Drug Enforcement (DEA) has
A determination has been made to deny your request pursuant to the
following subsections of the freedom of Information Act which
exempt matters that would:
(7) (C) Constitute an unwarranted invasion of personal
privacy. You have requested third party
information which is unrelated to yourself .
In the absence of a signed, notarized release,
which by your admission you were unable to
obtain, any material which the Drug Enf orcement
Administration (DEA) might possess is exempt
from disclosure .
2. (b) (7) (B) Deprive a person of a to an impartial
adjudication. The release of any material
concerning either party to an ongoing litigation
case mignt provide an unfair advantage to the other.
If you wish to appeal any denial of your req uest, you may do so within
. thirty (30) days pursuant to 28 C.FR - The appoal
directed to the Office of Privacy and Information Appeals, Department
of Justice, Washington, D.C. 20530 . Judicial will thereafter be
available either in the Distri ct where you reside or have a principal
place of business, in the District where the records are maintained,
or in the District of Columbia.
Sincerely,
Peter B. Bensinger
AdminiS"trator
lt..._
Miller
Chief Counsel