European Stars and Stripes (Newspaper) - September 18, 1990, Darmstadt, Hesse                                Page 4 a a the stars and stripes tuesday september 18,1990 Souter testifies he opposes Flat ban on death penalty sen. Warren Rudman r-n.h., Speaks with supreme court nominee David Souter right before the Start of monday s confirmation hearings. Washington apr supreme court nominee David Souter said monday that he opposes a Flat ban on the death penalty and that the Constitution does not bar its use. Asked if the constitutions ban on cruel and unusual punishment barred use of the death penalty Souter replied �?o1 think that would be an insupportable constitutional  he said he a could not join any opinion that banned All capital punishment. If confirmed Souter s View would be in line with the current majority of the High court. His response underscored his reputation As a Law and order judge. Souter in his third Day of testimony monday before the Senate judiciary committee explained his approach to a Range of criminal Law cases including one in which he supported police use of sobriety checkpoints. During his tenure on the new Hampshire supreme court it ruled against the checkpoints As extending police action too far in violation of Peoples rights. But Souter alone dissented. In his testimony monday Souter said the checkpoints differed from other searches because driving a car is a a highly dangerous and regulated  he said if the checkpoints were properly conducted police were Correct in using them to try to prevent tragedy. The use of police sobriety checks was upheld by the . Supreme court earlier this year. The court acting on a Michigan Case ruled 6-3 that such checkpoints do not violate the Constitution. On another Issue Souter was quizzed about his Tough prosecution of anti nuclear protesters when he was new Hampshire a attorney general a and whether there was an appearance of impropriety because the builder of the Seabrook nuclear Plant was helping to defray the Law enforcement costs. Souter said he Wasny to aware of the donations at the time and had not solicited them. But in retrospect he said he should have insisted the Money be returned. A i think that would have been an appropriate position to take and i wish i had taken it a he said. Mondays hearing started with birthday greetings for the new Hampshire judge now 51. A a Happy birthday. We did no to bake a cake but perhaps Well let you go Home after today a said sen Orrin Hatch a Utah who complimented Souter for his handling of the committees questioning so far. At the opening of the televised hearings last thursday sen. Edward Mkennedy d-mass., said a the Burden of proof rests with those who support a  but the conduct of the hearings made Clear the opposite was True the Burden was on potential opponents to find some chink in Souter a Armor. In two Days of sparring with the committee last week Souter skilfully ducked making specific responses on politically difficult issues especially abortion. On that one he said he Hadnot made up his mind and had made no promises to anyone. Key committee members including chairman Joseph Biden d-del., said they planned to take another run at the Issue of privacy in relation to abortion and at other questions to see if there is a reason for opposing the nomination. Outside the committee room feminist groups on Friday announced their opposition because Souter would not say whether he would support abortion rights. Souter a supporters have expressed great Confidence he will join the court this fall. Souter himself has been cautious however. Sen. Warren Rudman r-n.h., a longtime Friend of Souter a who is playing Host to him in Washington during the nomination process said the judge wont even let people discuss possible places to live if he moves to the capital. Miami mayor pulls gun scares off 2 robbers Miami apr mayor Xavier Suarez pulled a gun and scared off two men who robbed his wife at their Home police said. Both suspects remained at Large Early monday. Rita Suarez had just escorted relatives to their car outside the share zest private residence sunday evening when the robbers ordered her inside said police spokesman Robert Navarro. Quot one puts a gun to her head and demands her Money and jewelry Quot Navarro said. Quot she yells and the mayor hears it  the mayor armed himself and yelled out the window Quot let her go Quot and the robbers fled Navarro said. No shots were fired and nobody was injured but the thieves did make off with some of mrs. Suarez a possessions he said. He would t specify what was stolen or say what Type of guns were involved. While Suarez was loading his weapon he ordered his 12-year-old son Francis to Call for help on a direct line to the police department Navarro said. Officers arrived in minutes and surrounded the two Story Pink stucco Home on Miami Avenue but the robbers had fled. Its not the first time crime has hit the Home where the Sua Rezes and their four children have lived since 1985. Last year the House was robbed while the family was away on a summer vacation and in 1987 a car was stolen from the driveway said Odalys Mon the mayors chief of staff. The mayor has police Protection Only occasionally Mon said and police were not at the Suarez residence when the robbers appeared. Coast guard lets Tanker Burn in Michigan River i still missing Bay City Mich. Apr the coast guard decided to let an explosion wracked gasoline Tanker bum itself out monday rather than risk another blast. The Accident injured 17 Crew members and Lefi one person missing authorities said. It was not immediately known How much of the vessels cargo of 1 million Gallons of gasoline May have spilled into the Saginaw River. The 392-foot Hulk burned through the night sunday casting an Orange glow across the water. A it you make a mistake trying to put it out you run the risk of a hot Flash and another explosion Quot coast guard cmdr. Thomas Daley said. The . Jupiter a Tanker owned by Cleveland tankers inc., erupted in flames sunday morning while moored at a pier. It had pumped More than half of its cargo into a pipeline leading to storage tanks on Shore said Dan Lacey spokesman for Ashland Oil inc., Parent company of Cleveland tankers. Ronald Stopyak who had returned Home 15 minutes before the blast after getting off work at a chemical Plant across the River from the Tanker said he raced Back to work after hearing the explosion. Quot i thought the Plant exploded and when i got out there i saw Black smoke everywhere Quot he said. Quot i saw the employees on the ship go overboard. It was really hot. I could feel the heat from across the  a gasoline spill is less damaging than an Oil spill because gasoline evaporates easily. Mayor Marion Barry and his wife Effi leave . District court on monday. Barry wont face retrial on drug perjury charges Washington apr Federal prosecutors said monday they will not retry mayor Marion Barry on a dozen drug and perjury charges a jury could not resolve. Quot the government has made a determination not to seek retrial on the pending counts a assistant . Attorney Judith Retchin said. Barry who wore a relaxed smile As he entered the courtroom leaned Back in his chair at the defense table and smiled broadly when Retchin announced the governments decision. The governments decision comes five weeks after barrys two month trial ended with his conviction on one Misdemeanour cocaine Possession charge acquittal on another and mistrial on the 12 remaining perjury and drug counts. . District court judge Thomas Penfield Jackson set oct 26 As the sentencing Date for the Possession charge. The mayor faces a maximum penalty of one year in prison and a $ 100,000 Fine. At the sentencing hearing prosecutors will make a formal motion for Dis Missal of the unsettled charges. Jackson is expected to Grant the request a week after the jury a aug. 10 verdict Barry announced he would run As an Independent for a seat on the City Council. He had ruled out seeking a fourth four year term As mayor before his trial began. After the jury a verdict Barry urged Federal prosecutors to abandon any thought of retrying him saying a now is the time for Healing. Let their judgment be our last  the jury a decision followed a dramatic eight week trial in which the jurors a and the world watched videotape of Barry smoking crack cocaine the night he was arrested in an Fri sting operation at a downtown hotel room. Earlier this month the . Attorney for the Virgin islands Terry Hal Perin announced that she would not bring charges against the mayor there. One of the felony perjury charges and the conspiracy charge Barry faced involved alleged drug activity in the Virgin islands during 1986 and 1988