European Stars And Stripes (Newspaper) - February 16, 1989, Darmstadt, Hesse                                Page 2 the stars and stripes thursday february 16,1989 delays on cases called intolerable in report on military appeals court by Chuck Vinch Washington Bureau Washington a scathing report on the court of military appeals says the court takes far too Long to dispose of cases brought before it partly because the court s three judges spend too much time travelling. A nine member panel of Legal experts found that military defendants wait an average of three years from the time they Are sentenced until the military s highest court delivers a ruling on cases involving Oral arguments. Noting a general decline in the average time required for disposing of cases in Federal courts the commission called delays in the court of military appeals  the panel was led by James Taylor jr., a retire major general and former Deputy judge advocate Gen eral of the air Force. He now is associate Dean of Wake Forest University school of Law. Several other panel members also were retirees with experience inthe military judicial system. The commission was formed by the appeals court to provide an overview of its procedures and to make suggestions and recommendations for  panel found that the court generally is fulfilling its role of providing a detached and impartial review of court martial convictions. But there seems to be a very real problem of delay in the system the report said. While the number of petitions for review of cases before the court has fallen in recent years and the number of signed Legal opinions has stayed about the same delays in processing times have risen dramatically and Are unacceptably High the report said. The average number of Days Between the filing of petition and the court s granting of that petition has almost doubled since 1981, from 84 to 151. The aver age number of Days Between the filing of a petition Anda final decision on a Case has risen Over the same time from 370 to 538, the report said. The report Laid much of the blame on the judges penchant for travelling. A review of court schedules in fiscal 1987 showed that while some of the travel involved Only one or two Day trips to nearby cities each judge took Long overseas trips to visit installations and take part in conferences of judge  from january to november 1987, a period of 47weeks, All three judges were present in court Only 14 weeks the report said. The panel noted the benefits of such trips but said there is a growing perception in the military Community that too much time is spent away from the Courland too Little time is spent on the disposition of  clerk of the court Thomas Granahan said the judges would review the 27-Page report before com menting on it. The three judges Are Robinson o. Ever Ett a former Law professor Walter Cox Iii a former state trial judge and Eugene Sullivan a former air Force general counsel. On other issues the commission recommended reducing the court s dependence on the defense department for logistical and administrative support. Although the commission said there is no evidence the department of defense has tried to improperly influence decisions it said there is at least the appearance to the impartial observer that the danger is  abolishing the policy of appointing judges for terms no longer than 15 years. The commission said the three judges on the court should be appointed for life terms up to the mandatory retirement age of 70, the same As other Federal judges. Increasing the number of judges on the court from three to five. The commission said this would help reduce Case delays. It also would promote greater stability when a change in membership occurs and one of the positions is left vacant for a period of time. Giving judges More authority to hire and fire clerks and staff. The commission noted that Many staffers Are career civil service employees with virtually identical backgrounds which leads to staleness and malaise which in turn results in  news updates family sues Miami Miami a the family of a motorcycle passenger who was killed in the incident that touched off three Days of race riots last month is suing the City for $ 10 million. The lawsuit filed in . District court by the family of Allan Blanchard accuses Miami police of violating suspects civil rights during the past decade. Tuesday s lawsuit names As defendants the City mayor Xavier Suarez police chief Perry Ander son and his department and offi cer William Lozano who shot the Driver of the motorcycle on which Blanchard was Riding. Negligence found Boston a a Federal jury tuesday found negligence on the part of the Federal government and Massachusetts port authority caused a world airways Jet 19 skid off an icy runway at Logan Airport and plunge into Boston Harbor. The verdict in the 1982 crash that is presumed to have killed two people releases the airline of responsibility. Lawsuit settled Pittsburgh up two sons of a Pennsylvania woman who was killed in a 1985 terrorist attack in Rome have settled a Law suit with pan american world airways for $5,000.bruno Pepenella of Mcmurray penn., and Armando Pepenella of Naples fla., originally sought $95,000 Over the death of their Mother Elena Tommarello 67. The sons accused pan am of fail ing to provide adequate  was killed dec. 27, 1985, in a terrorist attack at Rome Leonardo a Vinci Airport she was one of 16 people killed and 122wounded during simultaneous at tacks at airports in Rome and Vienna Austria. Tommarello had Bee visiting relatives in Italy. . District judge Glenn Mencer in november ruled Tommarello Wasin a common area outside the control of pan am. But he said pan a failed to warn passengers of the possibility of an attack. Pentagon extends maternity leave from 4 to 6 weeks for All services by Chuck Vinc Washington Bureau Washington following the Navy s Lead the Pentagon has extended convalescent leave following Normal pregnancies from four to six weeks for women in All services. The policy signed by Deputy defens Secretary William h. Taft in was sent to the services monday and became effective at that time. The change is de signed to standardize maternity leave forthe services following a recent Navy decision to extend convalescent time of from 30 to 42 Days. The army and air Force had no plans to follow suit. We wanted to make the policy uni form among the services a military compensation official said. What poli cies there were up to now occurred mainly by Accident rather than  the health of Newborn babies also Wasa Factor in the Pentagon decision. What s a Mother to do with a baby thatis vulnerable to airborne diseases the official said. Most child care Cente Swon t take babies less than six weeks old because that s usually the minimum agent which they can be  although the policy already is in effect it Likely will take some time for the services to get the word Down the Chadnof command the official said. But if a member is currently on four weeks convalescent leave and asks for the additional two weeks i think he commanders would be hard pressed to say no the official said. The leave which is not charge against regular annual leave can be extended if a physician recommends  policy also allows a service member to Volunteer to return to duty in fewer than 42 Days if her physician approves. Commanders can approve regular leave in conjunction with the 42 Days of convalescent leave if the new Mother is certified As medically fit to return to duty but wants More time off. The policy also allows commanders to order a service member Back to work be fore the end of the six weeks if the serv ice member s absence from duty has a clearly Adverse Impact on the readiness or operational Mission of her , the commander must first con sult with the service member s doctor. Reports of Deal on Hamadi discounted by de Reavis staff writer Frankfurt West Germany re ports of a Deal Between the United states and West Germany that ensured con fessed Hijacker Mohammed Ali Hamadi would stand trial for murder Are Only Rumor a Hessen state court official said wednesday. Hamadi faces a possible life sentence for his part in the 1985 hijacking of Twa flight 847 during which a .Navy diver was murdered. The associated press reported wednesday that a Spokane wash., Law yer claims the murder charge against Hamadi was the result of a Deal in which his client former . Soldier Donald Dale Pentecost Iii was extradited fro the United states for trial in West Ger Many. Pentecost of Pasco wash., was extradited in 1987 Over the protests of his lawyer Roger Clement. Pentecost was convicted of murder in the january 1986 death of a German woman in Schwein Furt and sentenced to life in prison. Clement has filed a motion in . Court to have Pentecost s extradition hearing reopened. Kurt Wiens spokesman for the Hes sen state court in charge of the Hamadi trial told the stars and stripes that he never heard of such an  like a Rumor. I can t imagine such a Deal Ever being  Hamadi s defense attorney Hans Burkhardt Steck said his office had not heard of such a secret agreement. The whole Story sounds very absurd. I can t imagine it  the 50th session of Hamadi s trial washed wednesday. Chief judge Heiner Guckenberger said the court was pre pared to hear final arguments during the first week of March. However the court first plans to hear from several greek passengers of the hijacked flight. Nothing turned up on Tower White House says Washington not a senior White House official said tuesday that the renewed investigation into former sen. John g. Tower s background had produced no damaging new findings that would be Likely to jeopardize Tower s nomination As defense Secretary. Nothing new has turned up so far the official said referring the inquiry by the Fri. It does t mean they won t find something new but they Haven t Rasof  other administration officials said that the expanded investigation which has been under Way for More than a week is winding Down and that the Fri is preparing a report on its inquiry. The report could go to the Whitehouse As Early As monday. The broader investigation was ordered after the nominee was beset by allegations of heavy drinking womanizing and an assertion that his abortive 1984 sen ate re election Campaign had received an illegal contribution. Tower himself faces another inter View the Only one left to be conducted inthe inquiry. The White House will make the find Ings available to the Senate armed serv ices committee which is considering the nomination. Senate leaders said they had discussed holding a session of the full Senate to discuss the nomination. Congress Nowin recess will reconvene next week