European Stars And Stripes (Newspaper) - May 27, 1987, Darmstadt, Hesse Paga 4 the stars and stripes wednesday May 27.1987 criminal defendants May be denied bail in interest of Community safety Washington a the supreme court in an important Victory Tor Law enforcement officials and the Reagan administration ruled tuesday that people accused of crimes May be denied bail before trial i deemed dangerous to the Community. By a 6-3 Voe the justices reinstated a Federal preventive detention Law in he Case of two reputed mafia leaders in new York City. The court said the government s interest in Community safety can in some circumstances outweigh the rights of a criminal defendant even one accused of a non violent crime to remain free pending trial. Chief Justice William h. Rich Nuisl in his opinion for the court said Congress did not formulate he pretrial detention provisions As punishment for dangerous individuals. Congress instead perceived pc trial detention As a potential solution to a pressing societal problem. There is no doubt thai preventing danger to the Community is a legitimate regulatory goal he said. Congress Over an outcry from civil libertarians enacted the preventive detention Law in 1984. It received Strong backing from the Reagan administration and Law enforcement authorities. Before the new Taw bail generally would be denied at least in theory Only if a judge determined the defendant was Likely to flee. In practice judges could get around the old Law by setting very High bail ostensibly aimed at guaranteeing the defendant s appearance in court but w the the effect of keeping the accused sch ind bars awaiting trial. To Rehnquist mid tuesday thai the Constitution docs not require that judicial decisions on bail be tied exclusively to preventing a defendant from fleeing. The Constitution s eighth amendment forbids excessive bail he said. But. Rynn quasi continued that Only Means thai when bail is used to restrain flight it cannot also be intended to accomplish any other Pur pose such As punishing the defendant. We believe that when Congress has mandated de Tention on the basis of a compelling interest other than prevention of flight As it has Here the eighth Amend ment docs not require release on bail Rehnquist said. In a strongly worded dissenting opinion justic Thurgood Marshall said Laws imposing preventive do supreme court Roundup Tomion consistent with the usages of tyranny and Ibe excesses of what bitter experience teaches us to Call the police slate have Long been though incompatible with the fundamental human rights protected by our con also dissenting were justices William j. Brennan and John Paul Stevens. The ruling overturned a decision last july 3 by the 2ndu.s, circuit court of appeals in new York any. The appeals court ruled that Anthony fat Tony Salerno reputed Boss of the Genovese crime family and Vincent Cafaro a reputed Captain of the crime Syndicate were entitled to bail. The appeals court stayed the effect of ils own ruling pending 1 us Day s decision meaning the two men remained behind bars. Salerno subsequently was convicted in new York City with seven other alleged crime Bosses in a Caw separate from the one that led to the 2nd circuit court of appeals ruling. Salerno and Cafaro had been denied bail in connection with a second underworld prosecution in which 15 alleged automatic outdoor Teller for parking us photo if you live in Miami and you spent your hut Quarter shopping in the mall you can pay for parking Tveith a credit card. Pat Drago of South Miami studies the new French nude parking meter Towt nude its . Debut Hen. The space age machine can be programmed to accept Dollar Bills and credit curds. Members of the Genovese family were indicted. Government prosecutors said Salerno and Cafaro were dangerous because of their alleged underworld roles and should be denied bail for that reason the appeals court bad noted that there was no find ing that the two men posed a danger to witnesses. In other action he court ruled that Federal judges should consider Community safety before ordering the release of a criminal defendant whose state court conviction they overturn. The court ruled 6-3 that a Federal judge improperly ordered the release pending further Appeal by stale officials of a new Jersey Man whose sexual assault conviction was overturned by the judge. Ruled that illegal aliens prosecuted for re entering the country after being deported May defend themselves by challenging the Validity of their initial deportation. By a 5-4 vote the justices rejected Reagan administration arguments that such tactics should not be allowed. Ruled that Federal judges May not appoint a manufacturer s lawyers As special prosecutors to enforce a per manent injunction barring infringement of that manufacturer s an s-1 vote in a new York Case the court reversed the criminal contempt convictions of five people accused of infringing the trademark of Loui Vui Trou Well known French manufacturer of High fashion handbags and other leather goods. Agreed to decide How much authority a Federal re View Board has in handling the appeals of government employees fired for not receiving Security clearance. The court said it will hear Reagan administration arguments in a Case from Washington state that the Merit systems Protection Board lacks the Power to decide whether the denial was justified Tufu deplores election results in South Africa Oberlin Ohio a archbishop Desmond m. Tutu told graduates of Oberlin College that recent elections in South Africa have nearly dashed Hope Tor a peaceful end to apartheid in his Homeland. The administration of president . Botha was strengthened by White voters in the May 6 election demonstrating that Whites will not relinquish Power and privileges said the anglican archbishop of Cape town who was the 1984 Nobel peace prize Winner. In his commencement address monday Tutu said anti apartheid activism on . College campuses caused a transformation in moral climate that persuaded Congress in 1984 to adopt economic sanctions against South Africa. The sanctions illustrate How moral statements can be transformed into real action he said. Oberlin College holds 113.8 million in investments in . Companies doing business in South Africa. Some Oberlin students faculty and alumni have protested those investments and have called for full divestiture. Since 1977, Oberlin has maintained a policy of hold ing Stock Only in those South african related Compa Nies that Are seen As helping to end apartheid. After his speech Tutu said he hoped Oberon would approve total divestiture. Many of the 660 students at commencement wore red armbands 10 protest the College s investment poli cies and held up signs with the names of Blacks who have been imprisoned in South Africa for their Politi Cal views. Faa doctor admits giving false drug test results Oklahoma City a the Man who conducted drug tests on Railroad and airline employees involved in Acci dents nationwide pleaded Guiliva tuesday to three counts of providing false lest results 1o Federal officials. Or. Delbert j. Lakefield appeared be fore . District judge Lee West 10 plead guilty to three counts which carry a total maximum punishment of 15 years in prison and $30,000 in fines . Al Gorncy Bill Price said. Lakefield was released on a 15,000 re cognizance Bond. A sentencing Date has not been set. Under a plea agreement the govern ment will Noi file 16 cases of making false statements the prosecutor said. Lakefield 52, was the supervisor of the forensic toxicology research unit of the civil aeromedical Institute a part of the Federal aviation administration which was responsible for conducting drug tests for the Federal government on Railroad and airline employees involve Din accidents. Price said the cases involved in the investigation were Railroad accidents. They did not include the Conrail Amtrak Accident earlier this year outside Balti More but Price said that Accident prompted officials to investigate Lack Ilfeld s activity. It is my understanding that there May be some degree of difference be tween this lab and another lab i results that prompted this investigation Price said. Lakefield has been with the Faa for 20 years. The aeromedical Institute has been considered one of the most reliable in the country but the Faa stopped using it in april pending a review of i operation
