European Stars And Stripes (Newspaper) - March 12, 1986, Darmstadt, Hesse                                Wednesday March 12, 1986 the stars and stripes Page 7 �53 of to mislead lawyer High court rules decision reinstates Rhode Island murder conviction Washington a the supreme court ruled monday by a 6-3 vote that police at times May mislead a lawyer and question a criminal suspect without an at Torney being present As Long As the defendant has been told of his right to have lawyer present. The three dissenters said the decision justifies police deception of the  the ruling reinstating a Rhode Island Man s murder conviction also allows police to conceal from suspects who have not re Quested a lawyer the fact that an attorney is trying to Contact them. In other action the court voted 7-2 in a Philadelphia Case to give prosecutors greater leeway in using out of court statements of alleged co conspirators who do not testify at criminal Tri als. The court said prosecutors do not first have to prove the co conspirators Are unavailable to take the witness stand before using their out of court statements As Evi Dence. Limited by a 7-1 vote in a new Jer sey Case the ability of states to Force Busi Nesses to help pay the Cost of cleaning up hazardous wastes. The justices said a Feder Al Law creating the so called superfund has preempted at least partially state efforts to Deal with such pollution. Agreed to decide whether Springfield,mass., should be forced to pay $50,000 to the family of a Man killed by police As he was escaping with a kidnapping victim. Refused to let jail officials in Lubbock county Texas conduct strip searches of anyone arrested no matter How minor the alleged offence. Let stand a ruling that Lawton okla. Police violated the rights of an innocent pawnbroker when they confiscated stolen goods from her and without notice gave them to the purported rightful owner. In the police questioning Case the court said a suspect s confession May be used As evidence even though it was obtained after police tricked a lawyer trying to reach the suspect. Justice Sandra Day o Connor writing for the court said police in such Circum stances do not violate the so called Miranda Rule established by the court in 1966, which requires police to warn a suspect of his right to remain silent and to have a lawyer pre sent. She said that while the justices share a distaste for the deliberate misleading of a lawyer such police behaviour generally do snot violate the suspect s rights. On facts More egregious than those presented Here police deception might Rise to a level of a constitutional violation o Connor said. In a sharply worded dissent Justice John Paul Stevens said today incommunicado questioning is embraced As a societal goal of the highest order that justifies police deception of the Shab Biest  Stevens said the ruling also undermines the conclusion reached by almost every state court that. A suspect s waiver of his right to counsel is invalid if police refuse to inform the suspect of his counsel s  he was joined by justices Thurgood Marshall and William j. Brennan. The ruling reinstated Brian k. Burbine conviction for beating Mary to Hickey to death with a Metal pipe. She was found in a Providence r.i., parking lot on March 3, 1977, and died three weeks later. Burbine from Cranston r.i., was arrested in connection with a breaking an entering. While he was in custody police were contacted by a Public defender who told them Burbine s sister had asked for a Public defender to represent her brother. An unidentified police officer falsely told the Public defender Over the Telephone that Burbine would not be questioned that eve Ning. Police officers also concealed from Burbine that the lawyer had tried to con tact him. But Burbine did not ask for a lawyer an voluntarily confessed to the murder. His confession was admitted As evidence and Burbine was convicted. The 1st . Circuit court of appeals threw out the conviction and ordered a new trial saying the confession should have been suppressed As evidence because police violated Burbine rights. But o Connor said monday that police did not coerce Burbine s confession since he talked to them after receiving proper Miranda warnings. In some cases tricking a lawyer might violate a suspect s rights o Connor said but added that in Burbine s Case the police conduct Falls Short of the kind of mis Beha Vior that so shocks the sensibilities of civilized society As to warrant Federal intrusion into the criminal processes of the  Robert Mann Burbine s lawyer said the decision marked the end of the Road Fortis client s Appeal. I m very disappointed Mann said. One effect certainly will be that lawyers with clients in similar situations will rely on provisions of state constitutions which May give More Protection regarding incommunicado  Rhode Island attorney general Arlene Violet praised the decision calling it unimportant  keeping Pace a photo the latest and smallest in pacemakers to. The Nova ii is made by inter medics weighing less than a Silver Dollar was inc., which says it has the Micro Roces a produced monday at an american col sing Power of an advanced person allege of cardiology convention in Atlan computer. Brush fires erupt again in 5 Southern states by the associated press Brush fires monday plagued five Southern states where thousands of blazes have destroyed More than 150,000 acres of dry forests and grasslands since january. If we Don t have any  we re definitely going to have a real problem come the next month said Wade Erwin of the . Forest service in Atlanta. There s a Good possibility we could get a record number of fires and acres  Louisiana Georgia South Carolina Alabama and Tennessee have had an unusually dry Winter and have been battling wildfire outbreaks for two months. Louisiana has had More damage from Forest fires in just More than two months than the state average for an entire year said state forester Michael Mety. Through sunday the state had had 5,355 fires that burned 84,832 acres compared with a 12-month average of 6,400 fires and 71,000 acres burned he said. In Georgia there have been More than 3,000 fires since Jan. 1 that have destroyed about 16,000 acres said Wesley Wells chief of Forest Protection for the Georgia forestry commission. He said that was about double the nor Mal rate. Conditions Are pretty bad right now Wells said. If a fire got set in the right place it could do some  South Carolina needs at least half an Inch of  to Lessen the Brush fire threat said Dean Carson a forester with the South Carolina forestry commis Sion. Fires burned 2,100 acres Over the weekend and More than 970 fires have burned More than 8,100 acres in a month compared with 9,000 acres burned in the eight previous months Carson said. All of Alabama s 67 counties were on Alert monday As forestry officials shuffled Crews from South to North to Cope with widely scattered blazes. Richard Cumbie director of fire Protection for the state forestry commis Sion said 280 fires burned 8,440 acres sunday. Since feb. 28, 2,087 fires have destroyed 28,668 acres in Alabama and about 55,900 acres have burned since Jan. 1. Tennessee foresters battled 403 week end blazes and urged a ban on outdoor burning. The fires destroyed 5,783 acres of Forest said Joe Clayton chief fire fighter for the state division of forestry. Since Jan. 1, the state has battled 1,994 wildfires which claimed 19,419 acres. 200,000 fake literacy test Texas educators get graded on Reading writing is tin Texas a about 200.000 teachers. Lose thir Thino run to a a a j. Austin Abou 200,00 principals and other Texas educators faced their own no pass no play Rule monday As they took a test to determine whether they read and write Well enough to keep their jobs. _ Texas approved a Public school Reform Law in 1984, joining Arkansas and Georgia in requiring teachers an school officials to take literacy tests. The Reform measure included a no pass no play Rule that bars students from extracurricular activities if the fail any class. Texas educators who Don t pass the test by june 30 will lose their teaching certificates and jobs. A second test for those who failed the first exam will be Given june 28. National computer systems inc., an Iowa testing com Pany will Grade the exams. State education officials predicted about 10,000 teach ers would fail the first test. The commissioner of education May Grant a one year emergency waiver to teachers who fail both tests but any other appeals would have to remade through the courts. Most educators said the test 55 multiple Choice questions 30 on writing skills and a 150-word essay was easy. The passing Grade is 75 percent. State education commissioner William Kirby who was required to take the test because he holds a teaching certificate took More than two hours to finish. Everyone is taking their time being careful Kirby said. There s a lot Riding on these tests. Folks jobs Are Riding on these. Mine  Many teachers were insulted at taking a test to keep their jobs. State teaching certificates were issued for lifetime before the 1984 Law. The Texas state teachers association challenged the test As illegal but state District judge Harley Clark re fused to Block the exam. The teacher group appealed