European Stars and Stripes (Newspaper) - March 21, 1990, Darmstadt, Hesse                                Wednesday March 21, 1990 the stars and stripes a Page 5hazelwood defense loses key Legal Point Anchorage Alaska apr to Mii Hazelwoods defense lost a Legal Battle Over a single word that could affect t jurors decide whether the Exxon Valdez skipper was drunk when his ship went aground. The word was a noticeably and was contained in a Legal instruction monday that told jurors to decide whether Hazelwood was a noticeably impaired on the night of the nations largest Oil spill. Sunc rior court judge Karl Johnstone removed the word and said he would Tell jurors they must Only decide whether Hazelwood was impaired. Quot there Are a lot of people who can mask their impairment a he told lawyers in explaining his decision. Defense lawyer Dick Madson appeared stunned by the ruling saying Quot this is the first time in be Ever heard of . Madson said in his years of defending Drunken driving cases in Fairbanks the term Quot noticeably impaired always has been included injury instructions. But assistant District attorney Sam Adams argued a fall we have to prove is that he was impaired not stumble Down  Hazelwood is charged with one felony criminal mischief and three misdemeanours reckless endangerment operating a vessel while intoxicated and negligent discharge of Oil. His Tanker ran aground on Bligh reef last March 24, spilling nearly 11 million Gallons of crude Oil wreaking devastation Over hundreds of Miles of Shoreline Rich with fish Birds and other wildlife. The question of whether Hazelwood showed signs of intoxication has been a As former Exxon skipper Joseph Hazelwood right looks on defense lawyers from left Dick Madson Thomas Russo and Michael Chalos prepare for monday s court session. Key element in his trial with numerous witnesses testifying that the skipper did not stagger slur his words or show any other evidence that he was drunk. But three witnesses said they smelled alcohol on his breath. The judges ruling came during a discussion of Legal instructions which will be Given to jurors after attorneys deliver their final arguments tuesday. In other rulings the judge said he would a take judicial notice Quot of the fact that the . Coast guard has a regulation barring Tanker Crews from drinking alcohol less than four hours before sailing. But he refused to give an instruction on the Point because the regulation is not state Law. He also refused a proposed prosecution instruction that would have told jurors the coast guards blood alcohol limit for operating a commercial vessel is .04 percent Well below the state level of .10 for Drunken driving. Hazelwood s blood alcohol level was below the state limit but violated the coast guard s. The judge noted that the coast guard Standard is a Federal regulation not a state Law. And has not been admitted into evidence at the  officers Back test on women in combat jobs Washington apr a retired army brigadier general and a former air Force colonel joined with the National organization for women on monday in supporting a Bill to open army combat jobs to women for a four year trial period. A if we do have a test within the army i think finally there will be documentation to prove that women can perform As competently As men in the infantry and other combat areas a retired Brig. Gen. Evelyn Foote said at a Capitol Hill news conference. The combat exclusion act approved by Congress in 1948, bars women in the air Force the marines corps and the Navy from serving in combat positions. The army has regulations similar to the Law. Women comprise about 11 percent of the total armed forces of 2.1 million. The Call for a re examination of the policy has grown louder since army capt. Linda Bray led troops into combat with panamanian forces last december. Rep. Patricia Schroeder d-colo., and a senior member of the House armed services committee proposed legislation in january that directs the army to conduct a test study allowing women assignment to combat positions. The legislation faces an Uphill fight in Congress where Many members still oppose opening combat jobs to women. Rep. Les Aspin a wis. And chairman of the House armed services panel has said the measure will not be part of the Overall defense Bill. Nevertheless officials of now Foote and retired col. Diane Ordes called for a change in policy starting with passage of Schroeder a legislation. Foote described her nearly three decades of military service and How close she came to combat in Vietnam in 1967. Orcs noted that eight women died in the Vietnam War and their names arc engraved on the Vietnam veterans memorial. A women have been in combat. Since this nation was born. Women have not been called combatants but they have been in  Ordes said. Molly Yard president of now. Said the exclusion of women from combat a is based on archaic ideas of what women and men should and should not  Yard who was scheduled to testify tuesday at bearings on the Issue said the inability of women in the military to accept combat positions limits their advancement in the service. Federal judge faces retrial on 7 obstruction charges 11 c to Francisco apr a jury acquitted . District judge Robert Aguilar of an obstruction of Justice charge monday but deadlocked on seven other felony counts. A prosecutor said Aguiar would be retried on those charges. Was acquitted of a charge that he apr other Federal judge Samuel Conti to run jul be treatment for a Friend and creditor Onald Cloud in a Bank fraud trial. Vojon cd Ury r,5ported Lylial to w3s unable to reach a .sj161&Quot. Charges after seven Days of a Byall nov a. District judge Louis Bechtle de non cow i to Iai and scheduled proceedings on a possible retrial for june 4. Lahnan a lawyer for Aguilar said he month cd at k a july did not buy the governor coum�?�310118 raceteerin8 and corruption in Al Corenia a  without bail pending a Retro Annn Intia iyeai5 a cd jud8e from san Jose who was Carter p u Federal Bench in 1980 by president Gress removed from office Only by con one juror Joan Mearlean of san Francisco said after the verdict that the vote stood at 7-5 to convict Aguilar on one of the charges Dis easing a wiretap to its target. She said substantial majorities favored acquittal on the other counts. However she said nine jurors Felt Aguilar had committed one of the illegal acts that was a part of the alleged pattern of racketeering helping Vera Hoff his Friend and former Legal Secretary remain a fugitive in Mexico on a tax evasion conviction. The counts on which the jury deadlocked included two against Aguilares co defendants former teamster Leader Rudy Tham and Abe Chapman an 83-year-old sex convict who had been related to Aguilar by marriage. They and Aguilar were charged with plotting to use the judges influence to seek a new trial for Tham on a 1980 embezzlement conviction by having Aguilar speak to . District judge Stanley Weigel who was hearing thames Case. Aguilar also denied trying to influence judge Conti in Clouds Case the charge on which he was  of time in the stars and stripes 40 years ago today. March 21. 1950 a Philip c. Jessup president Truman a roving ambassador declared that sen. Joseph r. Mccarthy. . Showed a Quot shocking disregard for the interests of this country Quot by accusing Jessup of communist sympathies.30 years ago today. March 21. 1960 a West German Chancellor Konrad Adenauer said president Eisenhower had promised the . Flag would continue to Fly Over berlin.20 years ago today. March 21. 1970 a the United states. Britain. France and the soviet Union planned talks at the ambassadorial level covering Berlin matters the first four Power conference since 1954.10 years ago today. March 21, 1980 a signals from Iran indicated that the american hostages might be held indefinitely reported Roberts b. Owen state department Legal adviser. Owen speaking before the world court in the Hague the Netherlands said Hopes were shattered when . Investigating committee members could not visit with the captives