Because of a typographical error, the meaning of a sentence Because of a typographical error, the meaning of a sentence was reversed in a story in Thursday's editions about a ruli was reversed in a story in Thursday's editions about a ruling by D.C. Superior Court Judge Bruce S. Mencher. The senteng by D.C. Superior Court Judge Bruce S. Mencher. The sentence should have read: "Mencher noted that both Roxborough annce should have read: "Mencher noted that both Roxborough and Banks testified at a six-day hearing last month that Mrs. d Banks testified at a six-day hearing last month that Mrs. Ibn-Tamas had asserted that she shot her husband in self-defIbn-Tamas had asserted that she shot her husband in self-defense and that she refused to plead guilty to any charges." ense and that she refused to plead guilty to any charges."

The conviction of a Washington woman for murdering her husb

The conviction of a Washington woman for murdering her husband was thrown out yesterday by a D.C. Superior Court judge and was thrown out yesterday by a D.C. Superior Court judge who said her attorneys placed their interest in being paid awho said her attorneys placed their interest in being paid ahead of their duty to defend her at the trial.

In ordering ahead of their duty to defend her at the trial.

In ordering a new trial for Beverly Ann Ibn-Tamas, judge Bruce S. Mencher new trial for Beverly Ann Ibn-Tamas, judge Bruce S. Mencher noted that the case was unprecedented in the District of Co noted that the case was unprecedented in the District of Columbia and wrote in a 47-page opinion the following account lumbia and wrote in a 47-page opinion the following account of what Mrs. Ibn-Tamas' attorneys had done:

During a luncheoof what Mrs. Ibn-Tamas' attorneys had done:

During a luncheon recess after which the defendant was scheduled to take then recess after which the defendant was scheduled to take the witness stand in her own defense, Claude Roxborough and Rut witness stand in her own defense, Claude Roxborough and Ruth Banks, cocounsels on the case, asked their client to sign h Banks, cocounsels on the case, asked their client to sign an agreement under which they would be paid $70,000 from thean agreement under which they would be paid $70,000 from the proceeds of Mrs. Ib-Tamas' life insurance policies.

This is proceeds of Mrs. Ib-Tamas' life insurance policies.

This is so upset Mrs. Ibn-Tamas that she became hysterical and rush so upset Mrs. Ibn-Tamas that she became hysterical and rushed from the courthouse. Banks also left, having become ill.ed from the courthouse. Banks also left, having become ill. But Mrs. Ibn-Tamas was under the impression that Banks had But Mrs. Ibn-Tamas was under the impression that Banks had resigned from the case because of Mrs. Ibn-Tamas' refusal t resigned from the case because of Mrs. Ibn-Tamas' refusal to sign the fee agreement.

That night, "after a day of hagglio sign the fee agreement.

That night, "after a day of haggling, a contract was signed for $40,000," Judge Mencher wrote.ng, a contract was signed for $40,000," Judge Mencher wrote.

The following day, Banks returned to the case - she had bee

The following day, Banks returned to the case - she had been brought into it by Roxborough to conduct Mrs. Ibn-Tamas thn brought into it by Roxborough to conduct Mrs. Ibn-Tamas through her testimony and because of her courtroom experience rough her testimony and because of her courtroom experience - and the defendant took the stand.

But by this time the dam- and the defendant took the stand.

But by this time the damage had been done, Mencher said.

Roxborough, one of the owneage had been done, Mencher said.

Roxborough, one of the owners of the popular Foxtrappe Ltd. Club, and Banks, a former ars of the popular Foxtrappe Ltd. Club, and Banks, a former assistant U.S. attorney have "acknowledged that the testimonyssistant U.S. attorney have "acknowledged that the testimony of the defendant was the core of their case," the judge wro of the defendant was the core of their case," the judge wrote.

"Suffice it to say the attorney-client relationship was te.

"Suffice it to say the attorney-client relationship was completely ruptured and torn asunder at this critical junctucompletely ruptured and torn asunder at this critical juncture . . .

"The court finds that such actions by trial counselre . . .

"The court finds that such actions by trial counsel clearly demonstrated their willingness to place their own f clearly demonstrated their willingness to place their own financial interests above the interests of the defendant in tinancial interests above the interests of the defendant in this trial.

Mencher noted that Mrs. Ibn-Tamas could collect ohis trial.

Mencher noted that Mrs. Ibn-Tamas could collect on the life insurance policies of her husband, Dr. Abdur Raman the life insurance policies of her husband, Dr. Abdur Ramad Yussef Ibn-Tamas, a neuro-surgeon, only if she were acquitd Yussef Ibn-Tamas, a neuro-surgeon, only if she were acquitted. This is because D.C. law prohibits a convicted murdereted. This is because D.C. law prohibits a convicted murderer from collecting on the policies of his or her victim.

Thusr from collecting on the policies of his or her victim.

Thus, the judge said, payment of the $40,000 to Roxborough and B, the judge said, payment of the $40,000 to Roxborough and Banks was contingent upon their winning an acquittal for theianks was contingent upon their winning an acquittal for their client. Agreements for "contingent fees" - fees paid onlyr client. Agreements for "contingent fees" - fees paid only under certain circumstances - are prohibited in criminal ca under certain circumstances - are prohibited in criminal cases by the Code for Professional Responsibility issued by thses by the Code for Professional Responsibility issued by the D.C. Court of Appeals, Mencher noted.

He said the prohibite D.C. Court of Appeals, Mencher noted.

He said the prohibition exists because such fees arrangements set up a conflict ion exists because such fees arrangements set up a conflict of interest.

In the opinion, Mencher said Roxborough ahd appof interest.

In the opinion, Mencher said Roxborough ahd approached the prosecutor during the trial, which began last Seroached the prosecutor during the trial, which began last September and ended in October, and asked if teh prosecutor woptember and ended in October, and asked if teh prosecutor would consider accepting a gulity plead to an offense less seruld consider accepting a gulity plead to an offense less serious than murder. The proseutor. Assistant U.S. Attorney Hious than murder. The proseutor. Assistant U.S. Attorney Hamilton P. Fox said he would consider it.

Mrs. Ibn-Tamas "coamilton P. Fox said he would consider it.

Mrs. Ibn-Tamas "contends that such a possibility was never discussed with her ntends that such a possibility was never discussed with her during the trial and the prosecutor has represented that theduring the trial and the prosecutor has represented that the defense never followed up that initial discussion," Mencher defense never followed up that initial discussion," Mencher wrote.

"Defense counsel may have decided, after initial ove wrote.

"Defense counsel may have decided, after initial overtune, against pursuing the possibility of a guilty plea becrtune, against pursuing the possibility of a guilty plea because of the effect such a plea would have had on their fee,"ause of the effect such a plea would have had on their fee," the judge wrote.

Mencher noted that both Roxborough and Ban the judge wrote.

Mencher noted that both Roxborough and Banks testified at a six-day hearing last months that Mrs. Ibn-ks testified at a six-day hearing last months that Mrs. Ibn-Tamas has asserted that she shot her husband in self-defenseTamas has asserted that she shot her husband in self-defense and that she preferred to plead guilty to any charges. But and that she preferred to plead guilty to any charges. But he added:

"The court's fears that the lawyer's personal fin he added:

"The court's fears that the lawyer's personal financial interest may have interferred with the potential pleaancial interest may have interferred with the potential plea discussions at this point in the trial have not been allaye discussions at this point in the trial have not been allayed."

Mencher said that "upon consideration of all the circumsd."

Mencher said that "upon consideration of all the circumstances . . . the court finds that the defendant has been dentances . . . the court finds that the defendant has been denied her Sixth Amendment right (under the Constitution) to thied her Sixth Amendment right (under the Constitution) to the effective assistance of counsel."

Neither Roxborough nor Be effective assistance of counsel."

Neither Roxborough nor Banks could be reached for comment. But Herbert O.Reid, an aanks could be reached for comment. But Herbert O.Reid, an attorney who represented Roxborough at the hearing last monthttorney who represented Roxborough at the hearing last month, said his client was in "the unfortunate position of being , said his client was in "the unfortunate position of being unable to respond (to Mencher's findings). That is because unable to respond (to Mencher's findings). That is because we have no standing to appeal, or to question the judge's fiwe have no standing to appeal, or to question the judge's findings, with which we heartily disagree."

According to Menchndings, with which we heartily disagree."

According to Mencher's account, the matter of the fee Roxborough was to receiver's account, the matter of the fee Roxborough was to receive did not become a major issue until the trial was under waye did not become a major issue until the trial was under way. He wrote that Roxborough, a friend of the Ibn-Tamas famil. He wrote that Roxborough, a friend of the Ibn-Tamas family, entered the case on the evening of Feb. 23, 1976, the dayy, entered the case on the evening of Feb. 23, 1976, the day Ibn-Tamas was killed.

Mencher said Roxborough agreed to tak Ibn-Tamas was killed.

Mencher said Roxborough agreed to take the case for $5,000 with a $1,500 retainer if it went to te the case for $5,000 with a $1,500 retainer if it went to trial. By the time the trial began Sept. 20, 1976, Roxborougrial. By the time the trial began Sept. 20, 1976, Roxborough had been paid $2,500. Banks had entered the case Sept. 19h had been paid $2,500. Banks had entered the case Sept. 19.

On the night of Sept. 22, Roxborough and Mrs. Ibn-Tamas' f.

On the night of Sept. 22, Roxborough and Mrs. Ibn-Tamas' father "haggled" over whether the father would pay the cost oather "haggled" over whether the father would pay the cost of obtaining some documents from New York for the defense.

"Tf obtaining some documents from New York for the defense.

"This argument raised doubts in Roxborough's mind about whethehis argument raised doubts in Roxborough's mind about whether he and his co-counsel would be paid for their services at r he and his co-counsel would be paid for their services at all," Mencher wrote. "It was this argument that led to counall," Mencher wrote. "It was this argument that led to counsel's disenchantment with the earlier fee arrangement and lesel's disenchantment with the earlier fee arrangement and led to the attempt to change the agreement in the midst of trid to the attempt to change the agreement in the midst of trial."

Neither Roxborough nor Banks can appeal because the foral."

Neither Roxborough nor Banks can appeal because the forum in which their work came under scrutiny was a motion on Mum in which their work came under scrutiny was a motion on Mrs. Ibn-Tamas' behalf for a new trial. The government was trs. Ibn-Tamas' behalf for a new trial. The government was the defendant in that proceeding, not the attorneys. Governmhe defendant in that proceeding, not the attorneys. Government prosecutors indicated last night that they would retry Ment prosecutors indicated last night that they would retry Mrs. Ibn-Tamas rather than appeal the judge's ruling.

The posrs. Ibn-Tamas rather than appeal the judge's ruling.

The possibility exists that D.C. Bar might seek disciplinary actionsibility exists that D.C. Bar might seek disciplinary action against Roxborough and Banks. Bar counsel Fred Grabowsky s against Roxborough and Banks. Bar counsel Fred Grabowsky said he would study Mencher's ruling to see if the two attornaid he would study Mencher's ruling to see if the two attorneys had violated the Code of professional Responsibility.

Ifeys had violated the Code of professional Responsibility.

If violations of the code are found, they are referred to the violations of the code are found, they are referred to the D.C. Court of Appeals for possible action. The court can diD.C. Court of Appeals for possible action. The court can disbar attorneys under some circumstances.

The motion for a nesbar attorneys under some circumstances.

The motion for a new trial for Mrs. Ibn-Tamas was filed by William McDaniels anw trial for Mrs. Ibn-Tamas was filed by William McDaniels and Ellen Huvelle of the Williams and Connolly. McDaniels said Ellen Huvelle of the Williams and Connolly. McDaniels said that Mrs. Ibn-Tamas had contacted the firm after firing Rod that Mrs. Ibn-Tamas had contacted the firm after firing Roxborough and Banks last October and that the firm is receivixborough and Banks last October and that the firm is receiving no fee.

In his opinion yesterday, Judge Mencher also dealng no fee.

In his opinion yesterday, Judge Mencher also dealt with an issue raised by Roxborough just prior to his leavit with an issue raised by Roxborough just prior to his leaving the case. This issue concerned the fact that the forewomng the case. This issue concerned the fact that the forewoman of the injury that convicted Mrs. Ibn-Tamas had used a dian of the injury that convicted Mrs. Ibn-Tamas had used a dictionary to look up the words "fact" and reasonable" during ctionary to look up the words "fact" and reasonable" during the course of protracted deliberations.

He rule that such usthe course of protracted deliberations.

He rule that such use of a dictionary was contrary to the court's instructions ae of a dictionary was contrary to the court's instructions and contrary to the general principle that all information atnd contrary to the general principle that all information at a jury's disposal must be made available to the injury in o a jury's disposal must be made available to the injury in open court under control of the judge and lawyers for each sipen court under control of the judge and lawyers for each side.

He said use of the dictionary also constituted grounds fde.

He said use of the dictionary also constituted grounds for a new trial.

"If the court had any doubts about whether eor a new trial.

"If the court had any doubts about whether either the ineffective assistance of counsel issue or the (inither the ineffective assistance of counsel issue or the (injury) matter issue by itself warranted a new trial, the courjury) matter issue by itself warranted a new trial, the court has not doubt that teh existence of both problems convergit has not doubt that teh existence of both problems converging in this case compels the grant of a new trial," he wrote.ng in this case compels the grant of a new trial," he wrote.

"The criminal system promises more than the defendant recei

"The criminal system promises more than the defendant received," he wrote.

Mrs. Ibn-Tamas has been in the City Women's ved," he wrote.

Mrs. Ibn-Tamas has been in the City Women's Detention Center awaiting sentencing since her conviction. Detention Center awaiting sentencing since her conviction. McDaniels, her new attorney, filed a motion late yesterday fMcDaniels, her new attorney, filed a motion late yesterday for her release on a $5,000 bond, the same surety required ofor her release on a $5,000 bond, the same surety required of her before the first trial.

No date for a hearing on the mo her before the first trial.

No date for a hearing on the motion has been set. tion has been set.