European Stars And Stripes (Newspaper) - August 28, 1988, Darmstadt, Hesse                                Sunday August 28, 1988 the stars and stripes Page 3 officer goes on trial in recruit s death Pensacola Fla. A the trial of the officer in charge of the Navy res Cue swimmer school began Friday in the death of a recruit after a military judge refused to dismiss the dereliction of duty charges. Lawyers for it. Thomas a. Torchia had asked for dismissal on the grounds that vice adm. Nils r. Thunman chief of naval education and training was biased against Torchia in convening the court martial and had tried to influence its outcome. Defense lawyers cited the Admiral s comments to news Media air Man recruit Lee Mirecki s family and a congressional committee. But the judge cmdr. Newell d. Krog Mann ruled that Thunman s statements were non prejudicial. He never indicated any culpability by anyone with regard to the death Krogmann said. Also Friday Torchia s lawyers exercised their right to have the Case decided by a panel of officers rather than the judge and four officers were selected. They were to hear opening statements and initial testimony saturday in a trial that will last at least through monday Krogmann said. Torchia 32, of Princeton 111., was in charge of the school at Pensacola naval air station on March 2 when Mirecki 19, of Appleton wis., died after he panicked climbed out of a swimming Pool and shouted that he wanted to quit. Instructors allegedly pushed Mirecki Back into the water and held his head under until he collapsed and died from a fear induced heart attack or drowning. Torchia who was talking on the Tele phone in his office overlooking the Pool at the time is accused of failing to Safe guard the physical Well being of Mirecki and other subordinates. The prosecution contends he should have prevented the use of unsafe and unlawful Force and failed to establish policies Banning the use of Force and recognizing the right of students to drop out. In arguments on the admissibility of certain evidence it. Thomas c. Leigh ton one of Torchia s lawyers argued that using Force on students was crucial to proper training. Since Mirecki s death instructors have been prohibited from touching Stu dents. If Torchia is convicted he could face a letter of reprimand loss of seniority for pro motion and forfeiture of two thirds of his pay for three months said it. Cmdr. Den Nis Hessler a Public affairs officer. Torchia is one of two to be tried in the Case. Petty officer 2nd class Michael w. Combe 26, an instructor from Tempe ariz., is to be tried on charges of involuntary manslaughter Battery and conspiracy to commit Battery. His trial was scheduled to begin monday but will be delayed until Torchia s Case is concluded. Torchia s former Boss now retired capt. . Lavinder jr., commander of the Navy schools command in Pensacola at the time of the death received a letter of reprimand for dereliction of duty. Four other enlisted instructors were Given non judicial punishment of fines and in two cases reductions in rank. Four supervisory personnel one officer and three enlisted men were Given non punitive letters of caution. Laurel philippine rightists form opposition Alliance Manila Philippines up right Wing politicians headed by vice president Salvador Laurel announced saturday the formation of a new opposition Alliance seeking the ouster of president Corazon Aqui no and the retention of key . Military bases. Most of the several dozen politicians who appeared with Laurel at a news conference in his suburban Home to announce the birth of the Union for National action were members of the Cabinet of deposed ruler Ferdinand Marcos. Political observers said the Alliance of politicians has Little Appeal among filipinos although the pres ence of Laurel in the group could have an Impact on Aquino s image overseas. Laurel 57, broke with Aquino a year ago when he resigned As foreign affairs Secretary Over fundamental differences in the handling of the 19-year-old communist insurgency and Aquino s alleged insensitivity to the needs of the military. The Yale educated lawyer aug. 6 accused Aquino of incompetence and called for her resignation agreeing to resign with her so new elections could be held. Aquino has rejected Laurel s Call. Laurel said he accepted leadership of the coalesced opposition to Lead the Campaign to oust a blundering and amoral administration that has betrayed the  Laurel left open the possibility of Marcos joining the Alliance if Aquino permits his return from exile in Honolulu. A distinction should no longer be drawn on the basis of old party labels Laurel said. Sen. Juan Ponce Enrile called Laurel the next presi Dent of the Republic and posed with the vice president and other politicians in giving the thumbs up sign. Enrile co led the people Power revolution 30 months ago that ousted Marcos after 20 years in Power. Aquino fired Enrile in november 1986 As de sense Secretary and he barely made the last Slot in the 24-member Senate in the May 1987 elections. A 10-Point program of policy released by the Alli Ance lists a change in political leadership As first priority to Stop what it said is a Drift toward anarchy but Laurel was vague on How this will be carried out before the 1992 presidential balloting. In a bid to win Washington s support the Union also proposes the Extension of the treaty covering Clark a and the Subic Bay naval Complex the United states oldest and largest overseas installations. The 41-year old treaty expires in 1991. For As Long As the military bases Are needed to support the interlocking requirements of National and regional Security we will favor a new bases treaty with the United states the Union statement said. But it said that any new agreement with Washington should include conditions favourable to our country and that the bases should be regarded As temporary in character limited to not More than 10 years with provision for a gradual  Aquino has repeatedly stated she is keeping her options open on a new treaty. Since april 5, the government has been negotiating administrative and financial arrangements with Washington. The negotiations have been stalled Over compensation among other issues. The Philippines is seeking $ 1.2 billion in Aid for each of the remaining two years of the treaty up from the $ 180 million Washington currently provides annually. Last week defense Secretary Fidel Ramos who has led the crushing of five coup attempts against Aquino said the military is monitoring activities of renegade soldiers who might take advantage of the widening rift Between Laurel and Aquino. A from left Muslim Leader Abul Kyer sen. Juan Ponce Enrile vice president Salvador Laurel and former sen. Arturo Tolentino give the thumbs up sign in Manila. Navy s civilian employees face drug testing Washington a the Navy said Friday it would begin random drug testing of selected civilian employees this fall. The service said its final plan for the tests had been signed aug. 6 by Navy Secretary William Ball. Notification is being sent out to 81,000 of the Navy s 337,000 civilian workers that they will be subject to urinalysis testing for drugs. Although testing legally could begin As Early As oct. 6, the Navy does not plan to Start the program until Early november said it. Ken Ross a Navy spokes Man. The Navy becomes the second military service to launch a testing program for civilian workers. The army already is testing civilian workers in sensitive positions. The air Force still is working on its testing guidelines. All of the military services have Long tested Active duty personnel. Three months ago the department of health and human services forwarded to Congress the drug test ing plans of 24 different government agencies technically Clearing the Way for the agencies to begin testing when they were ready. The plans were developed As part of a Broad administration Campaign to ensure a drug free work place. In forwarding the defense department s plan to Congress human services said the Pentagon had tagged about 200,000 civilian positions As sensitive enough to warrant testing but did not provide a break Down among the various services. The department employs about 1 million civilian workers. According to Ross most of the 81,000 Navy positions designated As subject to testing Are in the areas of Public health and safety Protection of life and prop erty Law enforcement and National  civilian workers who receive a notice that their Job has been designated sensitive and who then immediately request assistance for drug use will be offered counselling and rehabilitation without penalty Ross said. Those who do not voluntarily come Forward in the very beginning and who subsequently test positive for drugs will be subject to administrative and punitive sanctions up to and including dismissal the spokes Man said. Ross said the Navy plans to test about 20,000 civil ians during the first year of its program. Unlike Mili tary personnel the civilian workers will be allowed to provide urine samples without being directly observed the spokesman said. The drugs to be tested for include marijuana co Caine opiates amphetamines and phencyclidine hydrochloride or pc