Peoples Temple’s Layton Goes Free Pending Appeal

Former Peoples Temple member Larry Layton was released Tuesday on $250,000 bail while he appeals his conviction and life sentence on charges of aiding in the 1978 murder of a congressman.

Layton, 41, was freed after his father, Laurence Layton of Emeryville, posted $25,000 in checks with a federal magistrate. The father would have to forfeit the entire $250,000 if his son jumps bail.

Layton’s next scheduled court appearance is April 21, when his new lawyer will argue for a second trial on the grounds that the trial lawyers allegedly performed inadequately by deciding not to put on any evidence and by failing to inform Layton that one of the charges against him carried a mandatory life sentence.

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

Hours after Ryan and four others were shot to death by Peoples Temple gunmen, the Rev. Jim Jones and 912 followers died in a murder-suicide ritual at the agricultural compound known as Jonestown.

Chief U.S. District Judge Robert Peckham imposed the life sentence required by law for aiding in the murder of a congressman, but said Layton should be considered for parole in five years, half the usual period, because he was less responsible for the killings than were other conspirators.

Layton would be eligible for parole in four years, because he would get credit for a year he has spent in jail awaiting trial, although the parole board is not required to release him, however.

In an order made public Monday, Peckham said Layton could be freed on bail during his appeal, which could take more than a year.

Layton said Tuesday that he will live in San Francisco. He is required to report to a probation officer three times a week in person and twice by phone, and cannot travel outside the court’s Northern California jurisdiction.