European Stars And Stripes (Newspaper) - June 23, 1987, Darmstadt, Hesse                                Page 4 the stars and stripes tuesday june 23,19b7 investigative hypnosis approved justices Back some use during trials Washington a the supreme court in its first statement on the legitimacy of hypnosis ruled Mon Day that states May not ban All testimony by criminal defendants whose memories arc helped by hypnosis. The court by a 5-4 vote struck Down an Arkansas Law prohibiting All hypnosis aided testimony. Wholesale madams ability of a defendant s testimony is an arbitrary restriction on the right to testify in the absence of Clear evidence by the slate repudiating the Validity of Alt pos hypnosis recollections Justice Harry a. Blackmun wrote for the court. Paul Kinkade president of the International society for investigative and forensic hypnosis called in ruling a Victory but perhaps a limited one for using hypnosis As a Taw enforcement  in other action monday the court ruled 6-3 in a Nevada Case thai slates May not impose automatic death penalties for prison inmates who commit murder while serving life sentences with out possibility of parole. Barred challenges to jury verdicts based in allegations that jurors were taking drugs or drinking alcohol during the  a 5-4 decision of a Florida ease the court said such jury conduct i no More an outside influence on deliberations than a virus poorly prepared food or a Lack of  reinstated by a 5-4 vote the death sentence of John Harvey Adamson Tor the 1976 murder of Arizona newspaper reporter Don bolls. The justices said Adamson initially Given a 20-year prison sentence proper was  to death for breaking a plea bar gain agreement in testify against others allegedly involved in the killing. Set inc stage for an important employment discrimination ruling next year by agreeing to hear the Appeal of a Texas woman who says she was denied supreme court Roundup promotions because she is Black. At Issue is How some employees must try to prove their Bosses Are guilty of illegal Bias. The court s hypnosis ruling set aside Vicki Lorene Rock s manslaughter conviction in inc 1983 shooting of her husband in Benton county Ark. She Likely will receive a new rial. Rock was sentenced to 10 years in prison and fined is 0,000 after she was found guilty of killing her Hus band Frank Rock. According to court documents in inc Case Rock initially was unable to recall important details about the shooting incident. Her trial lawyer arranged to Bave Rock placed under a hypnotic trance by a licensed psychologist in Faytle Vilie and she then was Able to recall thai the gun we Toff by Accident As she and her husband struggled Dur ing a quarrel. The judge who presided Over Rock s trial refused to let her Tell jurors about anything she remembered As result of being hypnotized. Her testimony was limited to those statements made immediately prior to hypnosis. The Arkansas supreme court upheld the Law under which the trial judge had acted. But monday s ruling said the state Law went too far. The decision based on a criminal defendant s fair trial rights dealt Only with hypnosis aided testimony of defendants not other witnesses. But the court s reasoning could Force lower courts to reconsider allow ing broader use of such refreshed testimony in criminal trials. Quoting from a Council of scientific affairs report Blackmun said hypnosis by trained physicians or psychologists has been recognized As a valid therapeutic technique Sines 1958, although there is no generally accepted theory to explain the phenomenon or even consensus on a single definition of  the decision conceivably could help efforts of those who believe such testimony should be allowed in nod criminal trials As Well. Rice and racer of photo Donna Rice of Miami whose mane was recently linked to fonder presiden tial hopeful Guy Hart stares thoughts with Nee Driver Bruce leaner of Mallyn Calif As they watch the three boor grand prix High Speed Competition at path Bench fun Sun Day. Jenner was enjoying his Spectator role after having taken put in the grueling Camel to race saturday. Judge sets july 13 Date for Deaver s perjury trial Washington a judge monday set Hie perjury trial of lobbyist Michael k. Deaver for july 13, de spite an expected supreme court Appeal by the former White House aide. . District judge Thomas Penfield Jackson denied a defense request to Putoff the trial to september As Deaver s lawyers prepared to file a new Appeal with the High court that could delay the proceeding. Last week Deaver lost another round in his Legal Chal Lenge to the author Ity of Independent counsel Whitney North Seymour or. To prosecute him. The . Circuit court of appeals Here refused to Rule on Caver s lates Appeal. Deaver who Ini rally requested a investigation by an dearer Independent counsel of his lobbying activities contends hit the court appoint ment of a special prosecutor violates the Constitution s separation of Powers Doc Trine. An earlier constitutional Challenge to Deaver s indictment was rejected by the appellate court and chief Justice Wil Liam Rehnquist. Jackson reserved a decision on a government motion to quash a subpoena for the testimony of Canadian ambassador a Federal Allan Gotlieb. Seymour said oot lib is the Only wit Ness who can rebut Deaver s statement that he could not recall having lunch with the ambassador on Jan. 5,1985. Justice department attorney David Anderson urged Jackson to quash the subpoena saying the United Stal shas an obligation under the Vienna convention to see that Canadian diplomatic immunity is upheld Deavers attorneys meanwhile Dis closed in court that they had Given sey Mour a Large stack of documents relating to their defense that Deaver s mental state was impaired by problems with Al Cohol. According to this argument Deaver was not lying when he told the grand jury and the House subcommittee that investigated his lobbying business thai he could not recall attending certain meet Ings. Deaver who resigned As Deputy White House f h of of staff in May 1985, is accused in the five count indictment of lying to the grand jury and the House subcommittee thai investigated his lobbying activities for possible ethics Law violations. Deaver is accused of lying about the extent of his involvement with the acid rain Issue while at the White House. He later signed a j105,000-a-year contract to represent the Canadian government in its a Albru to obtain an agreement to curb acid nun. Agents seize Gold from drug dealer s caches Harrison neb. A Federal agents say they have dug up More than $3 million in Gold buried in Remote areas of Nebraska and Colorado by a drug dealer who was due in prison monday. Authorities last week disclosed they had found $1.4 million Worth of Gold in two locations in Northwestern Nebraska in april with the help of the Man Wil Liam complot Mussati. We did t worry about him skipping out on us said Frank Smith the drug enforcement administration agent who supervised the Case. There was no place for him to go out there la s four wheel drive country. When we got through we had enough to fill three Bowling bags Smith said last week. Man that stuff was  Musson 43, agreed to report monday to a Federal prison to begin serving a 17 year senic narc for racketeering and drug offences. Officials said he has been living in Hawaii since retiring from his drug activities in 1981. He has Bacn free on i million Bond said Smith who is based in Sun Diego. The Gold including 100-Ouncc bars packed in Tupperware containers was buried along Corkscrew Creek Road in Sioux county 23 Miles Southeast of har Rison officials said. Musson was in the process of buying the land from an suite officials said. In february 1985, authorities dug up about $1.2 million in Gold in the same area using a crude map found in mus son s apartment. An additional $600,000 in Gold was recovered from four Sites in Colorado earlier this year. Federal investigators estimated mus son s wealth at about to million said assistant . Attorney Joseph Mackey in Denver. He prosecuted Musson and others involved in the dig ring. Musson and some of his associates bought Gold and coins from a dealer in Albuquerque n.m., Between 1979 and 1982, according to a statement he gave investigators. Investigators said the government plans to auction Ili coins and Sci the Gold bars which were seized under a Law that provides for forfeiture of property acquired through drug dealing