European Stars And Stripes (Newspaper) - June 17, 1987, Darmstadt, Hesse                                Wednesday june 17, 1987 the stars and stripes Page 7 Deaver loses Appeal of ethics act Challenge Washington a a Federal appellate court ruled monday that lobbyist Michael k. Denver must stand trial on perjury charges refusing to accept his Appeal of a pretrial finding. The . Court of appeals ruled he could not Appeal the trial judge s denial of his motion to dismiss the indictment on the ground that Independent counsel Whitney North Seymour or. Had no authority to prosecute the Case. Randall j. Turk one of Deaver s attorneys said he would ask the . Supreme court later this week to hear an Appeal of the ruling. Supreme court consideration of such an Appeal could fur ther delay the Start of a trial. Deaver sought to have the appellate court Rule on his Challenge to the constitutionality of the ethics in government act providing for judicial appointment of Independent counsels. But the court refused to accept Deaver s Appeal of . District judge Thom As pc Field Jackson s decision saying the lower court s ruling is not a final order and therefore is  we find no reason to make an exception in this Case the court said in the order for judges Harry Edwards James Buckley and Stephen Williams. Deaver. Who resigned As Deputy while House chief of staff in 198s, is charged with five counts of lying to a House sub committee and a Federal grand jury that investigated his lobbying business for possible ethics violations. The ruling Marks the second time in a week that the appeals court has Side stepped constitutional challenges to the ethics Law. Last week it sent a similar Challenge by it. Col. Oliver North Back to . District judge Aubrey e. Robinsonjr. With instructions to Rule on the Case without deciding constitutional issues. The former National Security Council aide is challenging the authority of inde pendent counsel Lawrence e. Walsh to Force him to give a Sample of his hand writing to the grand jury investigating the Iran Centra affair. In that Case the court ruled that Rob Inson had erred by holding North in con tempt of court for refusing to obey the subpoena without first considering his Challenge to Walsh s authority. The major difference is that Walsh unlike Seymour accepted a parallel appointment As a special prosecutor from the Justice department. The appeals court ordered Robinson to consider the Validity of the parallel appointment before considering any constitutional issues. Deaver meanwhile has accused the House Energy and Commerce investigation Subco Mitch of calling him to testify merely to determine if he would com Mit perjury. In court papers filed in the Case Deaver charged that the subcommittee solicited his testimony Only to see if his an Swers squared with information already in Possession of the panel. Hahn says Falwell failed to keep promises he made to help her West Babylon . A Jessica Hahn the former Church Secretary whose tryst with to evangelist Jim Bakker helped bring Down the Leader of the pal ministry said monday that his successor the Rev. Jerry Falwell lied to her. Jerry Falwell says hell do things for me and he literally lies. Jerry started this big crusade. That he cared and wanted to Pray for me and wanted to do what is right Hahn 27, said in an Telephone inter View. She said she spoke to Falwell who succeeded Bak Ker As head of pal two weeks ago and that he said then he would arrange an emergency pal Board meet ing on her behalf. I never heard from him again she said. I Felt Hurt. I Felt  a $150,000 Trust fund was established for Hahn after the 1980 tryst with Bakker but it was Frozen after the controversy began in March. Hahn said that since pal filed Friday for Protection from creditors under Federal bankruptcy Law Falwell is just stalling As far As the Trust fund. That just makes me lose Confidence in the  Falwell spokesman Mark Demoss confirmed a Tele phone conversation took place. He said Falwell told Hahn he would pay to Fly her to Virginia where fal Well s own Church is located so she could get away from publicity As Long As she wanted. We left it wide open Demoss said of the invitation. He said she could stay for the entire summer if she wanted while she was counselled and became involved with the Church there. Demoss said he told Hahn she should Call Falwell Back if she was interested in the invitation. And he said he called her late last week to repeat the offer and give her his office and Home phone numbers. Hahn said she dislikes the term hush Money which has been used by some to refer to the $ 150,000 Trust fund. There s no such thing As hush Money she said. I hate the words. Hush Money is ridiculous. I was paid for damages. There were things done to me which people seem to forget. If it were their daughter or their Mother or their Wile or their sister it would be a whole other  Hahn said she originally called Falwell to thank him for supporting her in some of his Public comments. Engineer killed in train collision Yuma Ariz. A two freight trains collided head on in a Southern Pacific Yard monday killing an Engineer who was trapped in the wreckage. John Tierney in the Railroad s los Angeles office identified the victim As Byron w. Garigan 58, of Tucson. Tierney said the cause of the collision was under investigation. He said the trains were moving at a very slow Speed when they collided. State investigators at the scene said the Accident apparently was caused by an operator error. Jessica Hahn says Trust fund not hush Money. Up photo i thought in my heart the Man finally realized what the truth is and i wanted him to know i appreciated him standing by me and not accusing me like Jim Bakker had saying i knew the tricks of the Trade and so on Hahn said. Things he s told Jerry Falwell make me sick she said. I feel sorry for Jim Bakker because i think he s not in his right  new York Given deadline to get rid of garbage Washington a charging local officials with posturing petulance and Petty parochialism a House subcommittee chairman gave new York officials a deadline for agreeing on the Fate of its infamous garbage Barge. If no agreement to dispose of the 3,200 tons of garbage has been reached by june 24,1 expect you to be in my office that morning rep. Thomas a. Lukin a Ohio said in a letter to new York mayor Edward i. Koch. The meeting would also include Frank Jones supervisor of the town of Islin ., where much of the garbage originated and acc Thomas adminis Trator of the environmental Protection Agency. The garbage went to sea on March 22 when Lowell Harrolson an entrepreneur from Bay Minutte ala., contracted with Islip to take i away since the town had no More Landfill space for commercial trash. Since then the garbage has gained National attention As six states and three countries turned it  Barge returned to new York Waters on May 16, but local officials have been unable to agree on where to dump the garbage and the Barge remains tied up in Gravesend Bay near the verrazano Narrows. Luken who chairs the House subcommittee on transportation tourism and hazardous materials wrote that there has been 190 much pos Turing petulance and Petty parochialism shown by the local officials in the new York  Koch was drafting a response said Robert Mcgrath a spokesman for the mayor. He said the City s position has been that it did not create the problem but will help solve  this were something that began with us we would be disposing of it he said. It was  Vito Turso spokesman for the new York City sanitation department said the City submitted a plan for disposing of the trash to the state department of environmental conservation on june 5 but has not yet received a reply. The plan consists of incinerating the garbage and burying the ashes at the Edgemere Landfill in Queens . Boycott Seoul olympics Jackson says Washington up civil rights Leader and presidential aspirant Jesse Jackson called monday for a . Boy Cott of the 1988 summer olympics in Seoul unless South Korea makes measurable improvements in human rights. Noting the increasingly repressive Mai urls used to put Down political pro tests in South Korea Jackson said in a statement from his Washington office that the United states should not Send a team to the olympics while the human rights of students the labor rights of workers and the political rights of the political opposition in South Korea Are being so violently  however George Miller executive director of the . Olympic committee said monday that Jackson s Call for a Boycott would Only Hurt the american athletes training for the olympics. We must take the position that either there Are measurable improvements of human rights conditions in South Korea or the . Will Lead an International Effort to Boycott the 1988 olympics Jackson said. We should not be in the position of rewarding violators of human rights with an International sports festival and a political  but Miller told United press International from Durham n.c., where he is planning july s olympic festival we be Lieve that the peaceful nature of the olym Pic games helps to Bridge differences be tween Peoples of different political systems. History has proven that olympic Boycotts have Little effect on the outcome of International political events. The Only ones who suffer from a Boycott Are the athletes of the boycotting  South Korea where the United states has 40,000 troops and key military installations has been wracked by protests in the escalating dispute Over its presidential leadership. The most recent pro tests were the worst since president Chun Doo Hwan came to Power in 1979 and there is speculation Chun will de Clare martial Law