APca 06/08 2259 Layton By BOB EGELKO Associated Press Writer SAN FRANCISCO (AP) -- A fed

APca 06/08 2259 Layton

   By BOB EGELKO Associated Press Writer

   SAN  FRANCISCO  (AP) -- A federal prosecutor, citing a judge's
finding that Larry Layton made  "several  untruthful  statements"
during  a  hearing,  has  asked  that  the  former Peoples Temple
member's $250,000 bail be revoked.

   U.S. Attorney  Joseph  Russoniello  made  his  request  Monday
before Chief U.S. District Judge Robert Peckham.

   Russoniello  said federal law requires revocation of bail if a
judge finds probable cause to believe the defendant has committed
a crime while on bail.  He also contended that  new  evidence  in
the  hearing  made  it  likely  that  Layton would serve a longer
sentence, thus increasing the chances that he would harm  someone
or flee.

   Layton's  lawyer,  Robert Bryan, said Layton had suffered some
self-acknowledged memory lapses but  had  not  committed  perjury
during the  hearing.    He also said no one could sincerely argue
that Layton posed a risk of flight or harm to others.

   "Of all the clients I've ever represented, I don't think  I've
ever  had  a  gentler  client  than  Larry  Layton,"  Bryan  told
reporters. "I just think it's unfortunate that Mr.    Russoniello
continues  to  have  such  a personal vindictive attitude towards
Larry."

   Peckham has scheduled a hearing for next Monday.

   Layton, 41, was convicted Dec. 1 of conspiracy and aiding  and
abetting in the November 1978 murder of Rep.  Leo Ryan, D-Calif.,
and  the  attempted  murder  of U.S. diplomat Richard Dwyer on an
airstrip in Guyana.

   Hours after Ryan and four other people were shot to  death  by
gunman from Peoples Temple, the Rev.  Jim Jones and 912 followers
died  in  a  murder-suicide  ritual  at  the  nearby agricultural
settlement called Jonestown.

   Peckham sentenced Layton to life in  prison,  as  required  by
law,  but  made  him  eligible for parole in five years, half the
usual period, with another year off for the time he  has  already
spent in  jail.  The judge said Layton, a low-ranking follower of
Jones who wounded two Peoples Temple defectors, was not  a  major
actor in the conspiracy to kill Ryan.

   Layton,  whose  first trial on the same charges had ended in a
hung jury in 1981, was free on bail until his conviction.  He was
then jailed, but was released again in  March  on  $250,000  bail
during his appeal; Peckham noted his previous trouble-free record
on release and said he had not been shown to be dangerous.

   Layton,  who did not testify at either trial, testified during
the hearing that he had not known the sentence he faced and would
have insisted on taking the stand had he  known  about  the  life
term.

   The judge said Layton had made "several untruthful statements"
about  his  conversations  with  defense  aides  that  "seriously
undermined his credibility as a witness."  He  also  said  Layton
"had ample  incentive  to  distort  the  truth."   He did not say
explicitly that Layton had knowingly lied on the stand.

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