August 11, 1983, New York Times - AP, Evidence to Be Allowed In New Jonestown Trial,

August 11, 1983, New York Times - AP, Evidence to Be Allowed In New Jonestown Trial,

SAN FRANCISCO, Aug. 10— Three pieces of crucial Government evidence that were excluded from the trial of Larry Layton for conspiracy to kill a Congressman near the Jonestown Peoples Temple in Guyana can be used in Mr. Layton's retrial, a Federal appeals court ruled today.

Mr. Layton's second trial on charges of conspiring to kill Representative Leo Ryan of California has been delayed more than a year for a ruling on the evidence by the United States Court of Appeals for the Ninth Circuit.

When jurors could not reach a decision, the first trial ended in a mistrial.

Mr. Layton, 37 years old, is charged in Federal indictments with four counts of conspiracy in the shooting death of Mr. Ryan and the wounding of Richard Dwyer, a State Department official, in Jonestown.

The evidence on which the appellate court ruled included tape-recorded statements by the Rev. Jim Jones made before Mr. Ryan's arrival in Guyana on a fact-finding mission and statements made by Mr. Jones.