European Stars and Stripes (Newspaper) - February 08, 1990, Darmstadt, Hesse                                Thursday february 1990 the stars and stripes Page 7 North claims testimony tainted in bid to overturn convictions by he Washington Post Washington Oliver l. North asked a Federal appeals court tuesday to overturn his convictions in the Iran con tra scandal on grounds that his trial was marred by tainted testimony and the absence of a key witness former president Reagan. North s prosecutors contended in turn that Reagan s testimony would not have helped the former White House aide and that the three guilty verdicts returned against him last May were based on untainted evidence. The hearing in the . Circuit court of appeals ceremonial courtroom Here look an hour More than the scheduled 90 minutes prolonged by a series of questions from the three judge panel. One of the judges. Laurence Silber Man. Said he was troubled by the fact that Reagan was not required to testify especially in connection with an obstruction of Justice charge for which North As convicted. Another member of the panel. Judge David sent inc. Suggested that Reagan a have waived any claim to executive privilege by supplying written answers to questions put to him by the Iran Contra grand jury. North s lawyers have contended that Reagan s testimony would have been critically important to the charge accusing North of obstructing Congress in novem Ber 1986 by helping prepare a false chronology concerning the Reagan administration s secret arms sales to Iran. North s lawyers maintain that Reagan would have testified that he approved continued concealment of information about the Iran initiative at the very time when the chronology was  speaking for Iran Contra prosecutor Lawrence e. Walsh s office attorney Gerard Lynch told the appellate court that . District judge Gerhard a. Csell who presided at North s trial deter mined that there was no proof Reagan authorized North to engage in the Alleg edly criminal conduct Tor which North was tried. Lynch added that Csell made that determination after reviewing the interrogatories Reagan had supplied to the grand jury and a scaled submission from North s lawyers that presumably listed the questions they wanted to ask him and the answers they expected to elicit. Silberman said he doubted that any body including the president can authorize conduct which is illegal but the judge suggested that Reagan might have said he did not want the arms sales initiative to become Public and that North might have been influenced by that fact. Lynch said this still would not have excused North from engaging in what he knew to be wrongful conduct. North lawyer Barry Simon concentrated in his argument on the absolutely pervasive publicity Given North s six Days of testimony before the congressional Iran Contra committees in the summer of 1987. North testified under limited imn Unity under which a court order prohibited prosecutors from using anything he said against him. Simon maintained that prosecutors grand jurors trial jurors and witnesses at North s trial must have been tainted by their exposure to the nationally televised congressional hearings. Lynch noted that the defense was improperly equating exposure to North s Oliver North leaves the . Circuit testimony with use of it. Court of appeals in Washington. Selma reinstates Black school superintendent Selma. Ala. A the school Board reinstated a Black superintendent and closed the schools wednesday to ease racial turmoil that raised discordant echoes from this 1960s Battleground of the civil rights movement. With the 25lh anniversary of the Selma to Mongo Mary voting rights March Only a month away while officials appeared close to bowing to the key de mands of Black protesters. The six White members of inc Selma Board of education reinstated inc City s first Black school superintendent. Nor Ward Roussell. And urged the five Black Board members who had quit Over Rous sell s treatment to return. Roussell said he was not surprised by his reinstatement saying he did not understand inc Board s decision to relieve me of m  the Board closed All 11 schools in the 6,000-Sludcnt system which is 70 percent Black. They will not reopen until racial ten Sions subside and the threat of schoolhouse violence ends the Board said. The Board s decision late tuesday capped weeks of protests and periodic school Boycotts. Selma is a magic name for Demon  said mayor Joe Smitherman. Who has served All but one term As mayor since 1964. This is almost like a beginning of a re enactment of the 60s a real re enactment. I Hope it does t gel to  he said. The five Black school Board members quit in december after the Board in a vote split along racial lines decided not to renew Roussell s $80,000-a-year con miracl in june. Supporters claimed Rous sell was removed because of race and not because of a Lack of managerial skills As his detractors said. Last week the White members of the Board voted to remove Roussell immediately and installed the Rev. . Reese the Black principal of Selma High school As interim superintendent. The decision to reinstate Roussell meant Reese would lose his new Job but Reese said he accepted the decision. Reese called for the orderly dismissal of classes tuesday after reports of fight ing Ai 1,508-Sli Dent Selma High the sys tem s Only Public High school which is about two thirds Black. We could certainly Sec and feel the level of tensions among the Slu dents Reese said. Police were called but there were no arrests. Dozens of the Black students joined in demonstrations outside City Hall carry ing signs saying Smitherman must  and singing civil rights songs. On monday four Black protesters were arrested on Misdemeanour charges in a Melee in the mayor s office. One of inc four Rose Sanders was taken to a Hospital with an apparent neck or Hack injury and was listed in stable condition. Her husband stale sen. Hank Sanders a Democrat said she was in pain but indicated inc injury was not critical. The five Black Board members said the never signed format resignation papers leaving open the possibility of their return. A statement by the Board said Selma schools would reopen upon adequate assurances to Roussell and the Board that the safety and physical welfare of our students and All school employees can be  Roussell was at Selma High As throngs of parents and students left with inc Cancella Tion of classes tuesday morning. Virginia 3rd grader suspended for taking Beer to show and Tell Haley Woodfin 8, holds can of Billy Beer. Richmond a. A a third Grade student who took an unopened can of Beer considered a collectors Ilam to show and Tell Al school was sus Pended for Ihrck Days. The girl s Mother on monday called the decision ridiculous. I am furious said Melissa Woodfin whose 8 year old daughter Haley also must undergo coun seling for illegal Possession of an alcoholic beverage for taking a can of Billy Beer to show her classmates at Skipwith Elc Mcnary school. My Daug Hlor has been i scaled  Wood Fin said. She has lost three Days of school with no right to make up the work according to the  Woodfin said her daughter removed the can of Beer from a display Case Al Home. The Beer no longer made was named for presi Dent Carter s late brother and unopened cans arc considered collector s Iiams. She look in for show and  Woodfin said. She did l run Inlo a Closel and pop it  in addition to inc suspension from the school in suburban Henrico county police were notified Hal Haley had possessed an alcoholic beverage illegally. School officials said the Steps were taken under a strict drug and subs acc abuse policy to which any child is subject if caught in Possession of drugs or alcohol regardless of age. Suspending Young people is nol what we arc about said Henrico school superintend Cut Wil Liam c. Bosher or. But we want to help Young people understand that alcohol and drugs arc not  i have no problem with them having a policy but you can l Sircal a third grader the Way you would a Len Agar Woodfin said. Bosher acknowledged that the suspension of an elementary school Pupil was unusual. He said sus pension is a Way to gel the attention of parents and bring parents educators and the Pupil together to discuss a potential problem. Haley was Back in school monday after serving her suspension. Woodfin said she was awaiting word from police about whal Legal Steps would be Lakin. Sgt. James Price said inc girl would be referred to juvenile intake proceedings which is nothing More than a counselling session Woodfin said police returned the can of Billy Beer and it is Back in the display Case where it will re main