European Stars and Stripes (Newspaper) - March 6, 1990, Darmstadt, Hesse                                Page 4 a a the stars and stripes tuesday March 6,19903 life or death decisions made Washington apr the supreme court on monday gave state prosecutors greater leeway in what they Tell juries choosing life or death for convicted murderers voting 5-4 to uphold a California Many a death sentence. But the court also voted 6-3 to set aside a North Carolina murderers death sentence As it reaffirmed a decision making it easier for capital Case jurors to consider All a mitigating  and in a third Dalh penalty decision the justices split 5-4 in ruling that an Oklahoma murderer is procedurally barred from contending that a jury wrongly was told to ignore a a sympathy before it sentenced him to death. None of the three decisions is Likely to affect Many of the some 2,200 death Row inmates across the nation. In other action the court a ruled that even when police question criminal defendants in violation of their right to Legal help the responses May be used to contradict trial testimony by the defendants. By a 5-4 vote in a Michigan Case the court said the Constitution does not bar the use of such statements when they arc used by prosecutors to rebut a defendants testimony and impeach the accused persons credibility. A ruled in a Case stemming from the 1981 settlement of the Iran hostage crisis. The justices rejected an Appeal by a Cleveland Ohio company seeking to avoid paying $3.6 million to Iran. The court without comment let stand what was described As a first of its kind ruling that american courts have authority to enforce such payments. A agreed to decide whether Louisiana officials wrongly Are giving mind altering drugs to a convicted murderer awaiting execution for his crime. The justices said they will study the Case of Louisiana death Row inmate Michael Owen Perry convicted of killing his parents and three other relatives. The courts decision in the California death penalty Case is a defeat for Richard Boyde who was convicted and sentenced to die for the Jan. 15, 1981, murder of Dick Gibson a Riverside calif., convenience store clerk. Police said Boyde then 24, was accompanied by his 19-year-old Nephew Carl Ellison when abducting Gibson during a robbery that netted $33 in Cash. Gibson was taken to a nearby Orange Grove and shot. Ellison also was convicted and was sentenced to 25 years to life in prison. Boyde had been convicted of robbing the same convenience store five years earlier and he had been in supreme court Roundup placated in at least four other convenience store robberies. The jury that sentenced Boyde was read a list of specific mitigating factors it could consider in choosing Lish ment. Jul his punishment. Jurors also were told they could consider a any other circumstance which extenuate the Gravity of the crime even though it is not a Legal excuse for the  ground and character that might mitigating even if they did not Lessen the Gravity of the crime itself. The jury also was told it was required to impose a death sentence if it found that aggravating factors outweighed mitigating factors. Boydes lawyers said the mandatory language prevented sentencing jurors from considering his Case a whole. The California supreme court decided by a 4-3 vote in 1988 that Boyde had not been harmed by the challenged instructions. Neither instruction is still used in California however. In upholding the state court ruling now. Chief Justice William h. Rehnquist wrote Quot there is not a reasonable likelihood that the jurors in Boydes Case understood the challenged instructions to preclude considerations of relevant mitigating  Rehnquist was joined by justices Byron r. While Sandra Day of Connor Antonin Scalia and Anthony m. Kennedy. Justices William j. Brennan Thurgood Marshall. Harry a. Blackmun and John Paul Stevens dissented. In the North Carolina Case the court set aside the death sentence of Dock Mckoy jr., convicted of the dec. 22, 1984, shooting death of Anson county Deputy sheriff William Kress Horne. Prosecutors said Horne was one of several deputies who responded to reports that Mckoy was drunkenly shooting off his Shotgun at his Home near Wadesboro. . A relying on its 1988 ruling in a Maryland Case the High court said the jury that sentenced Mckay wrongly was limited in its consideration of mitigating factors because jurors were told they had to agree unanimously on the existence of each mitigating Factor. A North Carolinas unanimity requirement violates the Constitution a Marshall wrote for the court. He was joined by Brennan White Blackmun and Stevens. Kennedy wrote a separate opinion joining in the result. Rehnquist Scalia and of Connor dissented. In the Oklahoma Case the court never reached the merits of death Row inmate Robyn Leroy Parks Challenge on an Quot anti sympathy instruction Nis sentencing jury received. Instead Kennedy wrote for the court that Parks was procedurally barred from raising that argument after having exhausted his direct appeals in state courts. Kennedy was joined by Rehnquist. White of Connor and Scalia. Parks was convicted of the 1977 killing of Abdullah Ibrahim a Gas station attendant in Oklahoma City. The 10th . Circuit court of appeals by a 6-4 vote in 1988, threw out Parks death sentence after it upheld his murder conviction. The appeals court said the instruction Given to his sentencing jury undermined its consideration of a mitigating evidence a factors pointing to life in prison rather than death As the appropriate punishment. The presiding judge had told jurors a you must avoid any influence of sympathy sentiment passion prejudice or other arbitrary Factor when imposing sentence.�?�7 sent into juror Pool for Poindexter a trial Washington apr seven women were sent into a Pool of potential jurors monday for the Iran Contra trial of John Poindexter including a lawyer who worked in George Bush a presidential Campaign. . District court judge Harold Greene disqualified one of eight prospective jurors As the jury selection process got under Way for the trial of the former National Security adviser. One of those questioned by Greene and lawyers for both sides was a real estate lawyer who worked in Bush a Campaign on a team that did background reviews of potential vice presidential candidates. The woman said one of Poindexter a defense lawyers Joseph Small had baby sat for her when she was a child. Quot just because counsel baby sat for her does no to cast any doubt on her a said Greene who sent her into the Pool. Richard acc Klyr one of Poindexter a lawyers started off the questioning by asking the first prospective juror what she thought of Reagan. The Young woman an unemployed delivery Driver for an Auto parts firm Wasny to Given a Chance to answer. Iran Contra prosecutor Dan Webb objected to Beckler a question without giving a reason and Greene sustained the objection. A Pool of 206 potential jurors was set up for the Poindexter trial and 50 of them were in the . Courthouse for the first Day of questioning. Seventy six of the 206 prospective jurors said in questionnaires filled out last week that they had seen read or listened to portions of Poindexter a testimony to Congress in 1987, according to Greene. Poindexter is accused of conspiracy obstructing Congress and making false statements for allegedly covering up former White House aide Oliver North s secret Contra resupply network and lying about a 1985 shipment of Hawk missiles to Iran. Former president Reagan gave videotaped testimony last month in the Case and Poindexter a lawyers Are expected to replay it in court. Reagan said he instructed his staff that All efforts to assist the nicaraguan contras a should be done within the  Reagan said that he did no to think Poindexter had made any false statements to Congress and that Quot in a in comp Ete support of letters by Poindexter which form the basis of one of the obstruction charges against him concerning the contras. Poindexter is the highest ranking Reagan administration official to go on trial to the scandal. Greene is presiding in the Poindexter Case and a jury of 12 people will be selected from the Pool of residents of the District of Columbia. The Iran Contra affair began unfolding in october 1986, when an ammunition Laden plane that was part of North a operation was shot Down inside Nicaragua. North later testified under a Grant of immunity that he began shredding documents after the cargo plane was shot Down. The next month there were news reports from Beirut of . Arms sales to Iran. North later testified that then Cia director William Casey advised him to destroy evidence relating to the initiative. The Contra and Iran parts were linked on nov. 25, 1986, when then attorney general Edwin Meese Iii announced that Iran arms Sale Money had been diverted to the contras. The indictment against Poindexter deals with his alleged assertions to Congress on nov. 21, 1986, that he did no to find out that Hawk missiles had been shipped to Iran in november 1985 until two months after the delivery. Poindexter has said his recollection of the Hawk shipment was a very very fuzzy in november 1986 and that while he May have made incorrect statements he did not lie to Congress. John Poindexter arrives monday at the . District court in Washington where the process of selecting a jury in his Iran Contra trial was getting under Way