European Stars And Stripes (Newspaper) - October 16, 1988, Darmstadt, Hesse                                Sunday. October 16, 1988 the stars and stripes Page 9 airman s Case gets tangled in court conduct of uror lawyer delays outcome  . Bureau Raf Mildenhall England the court martial of airman 1st class James Geho charged with beating an scalding his 3-year-old Stepson has Span Ned six months involved almost a dozen Altomeas and been held in two court rooms on two bases before two judges. And it s not Over. The problems started with the jury. In an april hearing at Raf Laken Heath judge maj. Clinton Pearson citing juror misconduct granted a mistrial an decl aside Echo s March child abuse conviction. The airman had been Demot Edlo the lowest enlisted Grade Given a Dis honorable discharge and sentenced to 3 i years in prison. Pearson said a jury member  a. Combs jr., ignored instructions and conducted an Experiment at Home based on evidence he had seen i court. Combs told other jurors the mulls of i Experiment which involved try Anglo re create the scalding with which Echo was charged. Combs conducted the Experiment using i 2 a year old son but with cold water. Geho spent 69 Days in jail before in mistrial was declared. He was released pending a second court martial on the same charges this time with a new jury at Raf Mildenhall. Combs however a not the Only problem on the jury. While investigating the Combs Inci Dent one of Geho s defense attorneys capt Pat Lind Mann discovered that military Roundup inc president of the jury Cal. Allan Hathcock also had disobeyed the judge and made inappropriate comments about the Case this Lime to the base Legal officer. It Alia was found that during the trial Hathcock knocked on the door of it. Col. William a Hume the Lakenheath staff judge advocate and said i smell an  in the Early Days of trial Hathcock was told by he military judge As All jurors were nol la talk about therase outside the courtroom or deliberations area. Lindemann also found that Hathcock had made a similar statement to col. William Douglass the 48th tac fighter Wing commander. However unknown to Lind Mann the next Day Hume told the prosecutor in the Case maj. H. Martin Jayne Abou Hathcock s statement. Jayne As an offi cer of the court was duly bound to Tel the judge what he knew Legal officials said. Bui Jayne neglected to pass on the information to the judge or to Geho s lawyers. Geho s second trial was to have begun sept. 19 at Raf Mildenhall. But a Tew Days earlier defense attorney  Devorraux discovered thai Jayne had known offal cock s statements and had nol passed them on. Devereaux then filed a motion to Barthe retrial based on misconduct by Jayne. Because of his motion the new trial did not Start. Instead the original Post trial hearing in which the mistrial had been declared was reopened. In arguments sept 20, do Vermaux said it was the duty of Jayne and the other prosecutors to Tell the judge of hath cock s statement. None did he said an thai was proc Clorial misconduct worthy of a mistrial that would bar a new trial. Jayne had blinders on  in the hearing and the Only thing he wanted to Sec is airman Echo go to  had Hal cock been removed from the jury the trial could have resulted in an acquittal do Vermaux argued. At least two More lawyers heard about Hathcock statement and ail of them had at least amoral obligation to inform the court he  sept. 21, Pearson upheld his car tier ruling on the mistrial but refused to bar a retrial of Geho s Case. Pearson said Jayne acted in bad Faith by not telling he court what he knew but under the Law Jayne s actions were not grounds enough to Stop a retrial. On sept. 22, in a pretrial hearing for Geho s second trial defense lawyers again attempted to bar the retrial on the basis of Jayne s actions. This time Deve Reaux Cilcy the double jeopardy clause that makes it illegal for a Penon to be tried twice for the same crime. The new judge it. Col. Howard few ruled sept. 23 that Jayne s action not Only were in bad of a but also constituted Gross negligence by i tiring to conceal knowledge of the statement made by hath cock. However few did not bar a retrial saying Jayne j actions were not intended to give the government a second Opportunity to convict Geho and therefore there would be no double jeopardy.  said he will Appeal few decision through either the court of Mil itary review or the . Court of Mili tary appeals. Legal officials said Friday that the Appeal is expected within 10 Days the Appeal process could Pul Geho pretrial on hold at least until november do Vermaux said. The five officers involved in inc out of court activity Douglass Hathcock Hume Jayne and Combs could face some Type of disciplinary action 3rd air Force Legal official said. However an actions taken would be up to their individual commander and the evidence at hand docs not appear to raise inc mat Ter to a level warranting remedial action outside the courtroom one Legal officer said. Because of the charges against him Geho cannot perform his Normal duties As a Security policeman. He is working in his Squadron s dormitory at Raf Laken Heath a base spokesman said. His step son has been a Ward of inc British court and in the care of another family since Cho s original conviction. Geho s wife airman i is class Honor Echo also was convicted in March after she pleaded guilty to beating the  60-Day jail sentence was suspended so she could care for their infant Daugh Ter. Honore Echo who was assigned along with her husband to the 7348th Security police so currently is working at the base s family support Center. Hathcock now i at Seymour Johnson fab. . Jayne is in the Legal office at the air Force Academy in Colorado Springs Colo. Free checkups offered for lights wipers tires Munich West Germany authorized Exchange customers can get free vehicle safely checks during october on lights wipers and tires at local cafes Europe  free checkups Are being offered in con Junction with West Germany s International motor vehicle lighting equipment program. Cafes mechanics will Check to ensure that lights wipers and tires meet safely standards officials said. If cars pass customers will receive the traditional Light test sticker. Protestant women plan worship study conference Heidelberg West Germany the euro Pean Council of protestant women of the Chapel will sponsor a worship and study conference oct. 31 through nov. 4 at the Der Sauerland Stern hotel in Willinger West  Goolic of the overseas Christian Serviceman s Center will be guest speaker forthe annual conference which is designed for spiritual enrichment renewal and Fellowship More information can be obtained by calling local chaplains or to Boston of the Patrick Henry Village Chapel in Heidelberg at ets 370 8411. Traveler s Check suspects charged Miami a authorities seized More than $39million in phony traveler s checks and arrested 10 alleged counter Scilen after some of the fake checks we reused for Cash cocaine and shopping sprees. The suspects from Israel Finland Colombia an Florida were rounded up Friday after a Federal grand jury resumed an indictment charging them with conspiracy and counterfeiting. This is the largest seizure of a counterfeit traveler Scheck operation in . History Jack Kippenberger a . Secret service agent said Al a news conference where he was surrounded by stacks of seized checks and printing plates used to make them. The alleged ringleader is Simon Gabay 38, an israeli who ran a cosmetics distribution company and owned a print shop in North Miami Kippen Burger  was the brains behind the whole operation the agent said. He had the Plalos and had inc print shop where All the moneymaking went  if convicted Gabay faces up to 75 years in prison and a $5 million Fine. Undercover secret service agents who Stumb Dupon the Check printing scheme while investigating currency counterfeiting made several purchases of checks Over a four month period Kienenberger Aid. While most of the checks were seized some were traded for Cash and cocaine and others were used to buy about $40,000 in merchandise at stores along the East coast agents said. Eagle scout Wiesbaden West Germany a senior Al Gen. . Arnold High school advanced to the rank of Eagle Seoul the highest Honor in boy scouting in a recent ceremony. Bryan Nix 17, has been in scouting for nine years and has earned 23 Merit badges. To earn his Eagle scout award he organized a fall cleanup of the Church of Jesus Christ of Laller Day saints Chapel in Wiesbaden. Along with volunteers from his troop and the Church Nix cleaned up the grounds surrounding the Chapel and performed minor repairs to the outside of he building. Nut who has earned 23 Merit badges As a boy scout is a member of the varsity track team at his school. He is the son of Bryan and Faye Nix. To earn inc Eagle Seoul award a boy scout must fulfil requirements in the areas of leadership service and out door skills. This includes at least 21 Merit badges and a average of 100 hours on a Community project. Miracle recovery before oct. 9, Jean Pierre Bly was considered lol Illy handicapped by multiple sclerosis. But the 51-year-old fretted Gnu u Riding a bicycle  key to his recovery is a Miracle la a occurred in Lourdes France bely says. There on oct. 9,be visited a religious Center and Thermal Springs that turned his life around be says