European Stars and Stripes (Newspaper) - April 1, 1990, Darmstadt, Hesse                                Sunday april 1, 1990 the stars and stripes a Page 5ruling blocks California execution murderer a 1979 mental tests questioned san Francisco apr a Federal appeals judge on Friday blocked tues be s scheduled execution of convicted double murderer Robert Alton Harris x would have become the first inmate executed in California in 23 years. Harris was convicted in 1979 of killing John Mayeski and Michael Baker both 16, in san Diego in july 1978. He had abducted the boys at gunpoint from a drive in restaurant As they sat in their parked cars. He forced them to drive to a Remote area where he shot them so he could use their car in a Bank robbery. Judge John Noonan of the 9th . Circuit court of appeals ruled that Harris May not have had competent psychiatric help at the time of his trial. Quot it is reasonably arguable and we cannot determine from this record whether Harris received competent psychiatric assistance a said Noonan. His order issued after a 50-Minule hearing spares Harris the Gas chamber to allow arguments before a three judge panel of the court on whether the convict should get an evidentiary hearing. That process normally takes several months. In Sacramento attorney general John Van de Kamp said he would ask the . Supreme court to lift the stay. A a it a potentially possible to get it lifted before tuesday a said chief assistant attorney general Richard Iglehart. A we would argue that its impossible for psychiatrists to go Back and review what other psychiatrists did years ago a said Van de Kamp. A a the decision creates a Brand new Legal right for accused murderers like Robert Harris a the right to Challenge the competency of psychiatric experts years after the fact. We believe this Reading of the Law is in  Michael Mccabe one of Harris Law yers said a a we re very Happy that our clients life has been spared. We re pleased that judge Noonan. Was not stampeded by the wave of Public attention generated  Harris 37, would be the first person executed in California since 1967. He came within four Days of execution once before in 1982. A this stuns me. How Many times does this Guy have to be turned Down a said William Stalder Uncle of John Mayeski one of Harris victims. A this just keeps the wound open. It keeps us waiting and  Noonan a conservative appointee of former president Reagan said his order was a a vindication of the state and Federal interest that no one be put to death without due process of  he said . District judge William Enright of san Diego who turned Down Harris last ditch Appeal wednesday should have held a fact finding hearing on new psychiatric evidence submitted by the defense. That evidence includes reports by psychologists who concluded that the psychiatric consultants who assisted Harris trial lawyer acted incompetently by failing to test for brain damage or other serious mental disorders Enright had rejected those conclusions without an evidentiary hearing. He said the dispute amounted to a Mere disagreement among experts Wasny to the fault of the state and  have affected the jury a decision. In last weeks Appeal Harris lawyers challenged the evaluation of a state mental health expert who characterized the defendant As a Sociopath incapable of remorse or rehabilitation. They also claimed that abuse in childhood and his mothers heavy drinking during her pregnancy with him exacerbated Harris mental  move from toy store to movie marquee Hollywood apr the Choice is simple. Moviegoers can go see a my left  or they can watch a quartet of Man size goggle wearing turtles eat pizza. Like it or not the a teenage mutant ninja turtles Are now at Heaters throughout the United states. And this weekends opening will test the theory that a hit toy can forge a profitable Trail for a blockbuster movie. The turtles were born six years ago in a $1,200 comic Book partially funded by a tax refund. The turtles now Star in a smash animated television series and have become one of the hottest children a products since cabbage Patch kids. Playmates toys inc. Sold $115 million in Turtle related merchandise last year. Some 175 manufacturers Are pushing about 600 Turtle items including Turtle pizzas a musical talking Turtle Toothbrush Turtle underwear Cereal pork rinds Yogurt cookies and sleep Wear. A a it a definitely our most popular line Quot said Richard Sallis playmates senior vice president for marketing. A a in be never seen anything like this  the turtles Are the nations third Best Selling toy behind Nintendo and Barbie. The question though is whether bed sheets can translate to Box office. As never before Hollywood has become obsessed with adapting trends for the screen a the lambada prompted two movies and Beach volleyball is the focus of the new film a Side  the makers of a teenage mutant ninja turtles Are betting that the live action $15 million film will be As Strong in Heaters As the turtles Are in toy stores. The movie is playing in 1,900 movie houses a spectacularly wide release. The Challenge is to distinguish the movie from the animated series and thus create a broader audience. Sneak previews on College campuses played to packed houses new line reports and the film fared Well late thursday night to mostly adult viewers. It May not be a cartoon but the pm rated movie is filled with comic Book style violence. A its violence while not graphic is much More abundant than the Xenia and Victor Velez examine poster As they arrive to View a teenage mutant ninja turtles a in Universal City Calif. Rating might Lead parents to believe a a review in the new York times said. The movie developed before the toys became so coveted focuses on the adventures of the four turtles a Leonardo Michelangelo Raphael and Donatello a who try to foil teen age hoods on the Loose in new York  indicted in . Club fire new York apr the Man accused of killing 87 people by torching an illegal social club in a jealous rage was indicted on 178 counts of murder arson and other charges Friday. A state grand jury indicted Julio Gonzalez a cuban immigrant on one count of second degree murder and one count of murder in the commission of a felony for each person killed inside the Happy land social club in the Bronx last sunday. He also was indicted on two counts of arson and single counts of attempted murder and assault. The defendant was not present when the indictment was returned. Gonzalez 36, who is due Back in court april 12, could face sentences of up to 25. Years to life on each count in the Case said assistant District attorney Eric Warner. If the sentences were ordered to run consecutively he could receive a 2,000-year term. A no Case is open and shut a Warner said. A we have a very Good Case. The evidence is  while the grand jury considered the charges authorities released records indicating that one of the clubs landlords was contacted by a fire lieutenant eight months before the Blaze and told a vacate order was in effect against the building. Morris Jaffe a partner in Little peach realty responded that the problem a would be taken care of a according to a july 28, 1989, fire department document. Jaffe and Jay Weiss the husband of actress Kathleen Turner Are partners in Little peach. Weiss Jaffe and their company were named in two More multimillion Dollar negligence lawsuits filed Friday on behalf of the families of fire victims. Also named were the club itself the buildings owner of record Alex Dilorenzo and the City of new York. One lawsuit asks for $100 million in damages the second asks for $57 million. Both were filed in Manhattan a Federal court. On thursday a $510 million lawsuit was filed by the Mother of another victim. Sands of time in the stars and stripes 40 years ago today. April 1, 1950 a president Truman accused some Senate republicans of aiding the Kremlin by attempting to sabotage . Foreign policy,30 years ago today ,. April i 1960 a British officials proposed an overhaul in strategic plans to beef up the nato deterrent and to help solve the ongoing problem of Supply bases for West germany.20 years ago today. April 1, 1970 a a Federal grand jury indicted rep. John dowdy a Texas on charges of conspiracy perjury and the use of interstate facilities to promote bribery.10 years ago today. April i 1980 a Jesse Owens who won four Gold medals at the 1936 Berlin olympic games died at a Tuscon Ariz Hospital at the age of 66. He had been suffering from a lung infection and inoperable lung cancer his doctors said. He reportedly smoked about a pack of cigarettes a Day for 35 years