European Stars And Stripes (Newspaper) - September 26, 1986, Darmstadt, Hesse                                The stars and stripes Friday. September 26,1906 news updates positive typhoid tests Silver Spring my. Up three employees of the Mcdonald s restaurant where six peo ple contracted Lyphoid fever have its Lori positive for inc bacteria that causes inc rare disease the health department said wednesday. None of these tins been con firmed As the Carrier of the illness. They be just been found to have the bacteria Montgomery county health department spokeswoman Donna Bugter said. Or. Donald swelter head of inc county health department told the county Council  right that one of thaw who tested Posi live continued to work at a second county restaurant after being sent Home from the Mcdonald s. Swelter has ordered the woman to Slop working pending the completion of Cal a Sulu. Crash victim Dies Munich up a police official has died of injuries he sustained in the sept. 7 collision of a helicopter and a diesel railway car near the construction site of a nuclear fuel reprocessing facility officials said wednesday. They confirmed the i i year old police inspector died in a Munich clinic of injuries he sustained two weeks ago. Five other officials reportedly were severely injured when the police helicopter plunged into the railway car. 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U � to Raul d a nun Law i military s top judge criticizes command influence in cases by Clint Swift Washington Bureau Washington the Mii Ilary s of judge says command influence harms the military Justice system far beyond dam age done in individual cases and if a Clear Case happens again drastic reme Dies May be called for. The comment by Robinson Everett chief judge of the court of military appeals came monday in an extraordinary epilogue to an opinion dealing with tour claims of command influence against retired army maj. Gen. Thur Man Anderson former commander of the 3rd army div. Trie delay and expense occasioned by general Anderson s role Mccrate remarks and by his staffs implementation of their understanding of those remarks Are incalculable Everett wrote. He said several Hundred soldiers were affected because of delays in proc Essing their appeals. The court and Mill Lary personnel resources required to identify and surgically remove the Impact of the influence were immense he said. Finally and of vital importance the Adverse Public perception of military jus Tice which results from cases like these undercuts the continuing efforts of Many both in and out of the services to demonstrate thai military Justice is fair and compares favourably in thai respect to its civilian counterparts he wrote. The cases stemmed from 1982-84,when Anderson commanded the division headquartered in Frankfurt. Anderson told at least one meeting of officers and non commissioned officers he found it hard to understand How a commander could recommend that an accused be tried Al a level with authority to recommend discharge then appear As a charac Ter witness and recommend thai the sol Dier be retained. Everett said the statement was interpreted to mean no commander first ser Geant or other member of an accused s unit should give favourable pre  for a defendant merely remedying the error in inc cases before us is not enough Everett wrote. Instead we wish to make it dear that incidents of illegal command influence simply must not recur in other com mands in he future. Recognizing that military command ers and judges usually exert themselves in every Way to comply with both the spirit and the letter of the Law we Are confident that events like those involved Here wiil not be repealed. However if we have erred in this expectation this court and undoubtedly other tribunals will find it necessary to consider much More drastic  one official of the court said remedies could include automatic reversal of tainted decisions or even prosecution under sections of the uniform code of military Justice thai prohibit illegal com Mand influence. The cases involved four enlisted men who were fined jailed or discharged afar being convicted of drug or assault charges. Everett added the epilogue after i court upheld the army appeals court re View of each Case lest our action be construed As a tacit acceptance of illegal command influence in military  he said the review court had satisfied him that the convictions and sentence were proper because of sincere guilt Picas overwhelming evidence trial by judges Independent of Anderson s authority or a rehearing. Army colonel begins serving 1 year sentence Marsh reviewing clemency by Norman Black a military writer Washington an army colonel who once ran a division responsible for secret operations began serving a one year prison term thursday following the refusal of army Secretary John o. Marsh to act immediately on a clemency Peti Tion. Col. James a Longhofer was convicted earlier this year of dereliction of duly conduct unbecoming an officer and disobeying a lawful order. His military court martial grew out of a wide ranging investigation of alleged financial irregularities within the army s special operations division Longhofer 49, reported to fort Meade md., thursday morning for processing and to begin serving his sen tence. Elaine Henrion an army spokeswoman said  would be transferred to the military prison Al Fon Leavenworth kan., in the near future Longhofer began serving Bis sentence alter his lawyer was notified wednesday that Marsh was not prepared to defer imposition of Longhofer s sentence while reviewing a plea for clemency. Longhofer is also pursuing the Stan Dard Appeal procedures for his court martial conviction but was ordered on tuesday to begin serving his sentence by maj. Gen. Donald c. Hiriben the com Mander of the military District of Washington. Hilbert took that step after agreeing to reduce Longhofer s original sentence of two years in prison. As k stands now the army colonel faces one year in prison and forfeiture of ,000 a month in Payfor one year. Longhofer was convicted in april Fol lowing a two year probe that focused on the alleged misuse of Money reserved for Clandestine operations. The colonel was cleared of charges relating directly to financial misconduct on his . He was convicted of dereliction of duly however for failing to report allegations of misconduct by a Junior officer la. Cot. Dale Duncan. Duncan was convicted in a Federal court trial in february of theft and filing false claims against the government and sentenced to a year imprison. He is appealing that conviction but Inich meantime faces a military court mar tial on related charges next monday. It. Cot. John Meyers another army spokesman said thursday that Duncan has requested resignation from the serv ice in lieu of court Mart Ial. A decision on that request will be made before Mon Day the spokesman added. The army investigation which has also resulted in two other court martial has focused in  on a coven army Security unit that was based in Annan Dale va., named business Security inter National. Federal prosecutors have de scribed the company As an army run organization to prevent hostile foreign elements from discovering what a group of Small army units were  the army has declined to discus de tails of the allegations beyond confirm ing the probe focused on alleged missing funds and the use of improper account ing procedures. An enlisted Man. Master sgt Ramon Barron was acquitted of charges in one court martial last december. Another officer i. Col Frederick Byard was cob Pic cd at court mania of larceny mat ing false claims and false swearing and sentenced to is months in prison an forfeiture of ,000 a month in pay for four years. Exercise caused $1.75 million in damages Wuerzburg Germany up an estimated $1.75 million in damages to buildings motor vehicles and the environment were reported in a Field a never by German , and French troops a German military spokesman said thursday. Fires believed set by practice ammunition rounds at two farms in the North Ern bavarian town of Arnstein tale wednesday caused nearly 1500,000 in damages including the deaths of several cattle and hogs and the gutting of a building police said. Also reported during the training exer Cise that began sept. M and ended thursday were 100 traffic accidents and injuries to 10 soldiers and 10 civilians the spokesman said. The Maneu vers known As Franconia shield involved 58,000 troops including 50,000 German military personnel. The number included 4,100 from France and about 3,500 . Troops. 7.7 million helped kick off oktoberfest Munich is Clear skies an warm weather Drew More than a million thirsty visitors to Munich s theresine Wiese for the opening weekend of the City s i76lh annual oktoberfest a Cit tourism official said thursday the estimated  million visitors consumed about 900,000 liners of october Fesl Beer Over the weekend and another30,000 liners of alcohol free Beer four of the seven major breweries i Munich with Beer tents at the Fesl Are offering alcohol free Beer for the first Lime in the history of the fest the official  remain at a Premium the offi Cial said with virtually a 100 percent occupancy rate at hotels and guest houses in a 30-mile radius of the  big turnout is expected this weekend she said. Visitors who drive Somunich Are encouraged to Park their Carl on the outskirts of the City and use Public transportation to reach the Fesl grounds