European Stars and Stripes (Newspaper) - October 16, 1990, Darmstadt, Hesse                                Tuesday october 16,1990 seizure of business assets in obscenity Case upheld Page 4 a a the stars and stripes a former television reporter Wendy Bergen and her lawyer Lee Foreman leave the courtroom.4 to be tried for staging pit Bull fights Golden Colo. Apr a judge issued an arrest warrant monday for a Man accused of staging a dogfight for a Kunc to reporter who was filming a series on pit Bull fighting that has Cost the reporter her Job. Jefferson county District judge Gaspar Perri Cone issued the warrant for Guy Walker who faces two counts of dog fighting after Walker failed to appear at a court hearing. Walkers lawyer Antonio Lucero said his client could not find transportation. The other three defendants in the Case a former Kunc reporter Wendy Bergen and former station photographers Scott Wright and Jim Stair a appeared before Perricone with their lawyers. The fights allegedly were staged for Bergens televised series a blood sport a an exposed of underground dog fighting that was broadcast during the May ratings a a sweeps period. Bergen who was indicted on nine felony charges is accused of arranging the fights paying for them lying about the source of the videotape lying to Kunc management and encouraging a Friend to lie to the grand jury. She had claimed the tape was sent to her anonymously. She and the two photographers resigned from Kunc. Perricone scheduled a hearing for dec. 14 and a tentative trial Date of feb. 4. The judge denied defense motions to bar cameras from the courtroom. Bergen spoke Only briefly at the hearing saying Only a yes i do a when asked if she understood her rights and the charges against her. Bergens lawyers said earlier they plan to Challenge evidence obtained from her through the use of an informant wired with a hidden microphone. Bergen allegedly talked freely with Mark j. La Briola a Friend who had told Bergen that he had connections with dog fighters and who was wearing a microphone. Labriola who admitted helping Bergen stage several dogfights had made a Deal with prosecutors granting him immunity from prosecution. Defense attorneys contend that it was improper for prosecutors to Send in their a a agent with a hidden microphone after Bergens attorney prevented prosecutors from directly asking her certain questions. The defendants were indicted in september on 15 felony charges for allegedly staging pit Bull fights and lying to the grand jury. Stair and Wright face charges of accessory to a crime and conspiracy to commit perjury. Stair also has been indicted on one count each of dog fighting and conspiracy to commit a dogfight. Washington apr the supreme court turned aside free speech arguments on monday and boosted the Federal governments crackdown on obscenity. The justices Over one dissenting vote let stand the forced closing of three adult bookstores and nine video rental shops in Virginia under a Federal anti racketeering Law. The businesses owners convicted of racketeering and Selling obscene materials had argued that the subsequent seizures of their properties violated their free speech rights. The seizures were carried out under provisions of the racketeer influenced and corrupt organizations act known As Rico. Those convicted under that Law May be forced to forfeit All assets and proceeds stemming from their illegal activity. Justice Byron r. White voted to hear the business owners Appeal but four votes Are needed to Grant such review. In other action monday the court a set aside a Minnesota Many a Federal conviction for burning an american Flag during a 1988 demonstration in Minneapolis. The justices told a Federal appeals court to reconsider the conviction in Light of their decision last june that Flag burning is protected political speech. A refused to let Texas and by Extension other states As Well ban deceptive advertising by airlines. The justices let stand an appeals court ruling that Only the Federal government May regulate airline ads. A unanimously ruled in a Georgia Case that state officials need Federal clearance under the voting rights act of 1965, before holding elections for state judgeship. A refused to revive a copyright lawsuit against the publisher of an unauthorized biography of l. Ron Hubbard founder of the scientology religion. A turned Down the Appeal of two Peotone 111., policemen who said they were disciplined unlawfully for wearing earrings while off duty. In the obscenity and racketeering Case the Virginia Bookstore and video rental shop owners Are the first Washington apr a former air Force sergeant convicted of aggravated assault for homosexual conduct while knowingly infected with an aids related virus lost a supreme court Appeal monday. The justices without comment let stand Nathaniel Johnson  conviction dishonourable military discharge and six year prison sentence. Johnson was stationed at Mcchord fab near Tacoma wash., when in 1987 he tested positive for the human immunodeficiency virus or his which is believed to cause acquired immune deficiency syndrome or aids. Aids is a contagious disease that attacks the body a immune system rendering it incapable of resisting other diseases and infections. No one is known to have recovered from aids. Johnson was a patient at the Wilford Hall medical Center at Lackland fab in Texas when the air Force adopted a policy that held out the possibility of disciplinary action for his infected military members who did not practice Safe sex. Lawyers for Johnson say he never was told about the policy. Tallahassee Fla. A the recent epidemic of Mosquito borne St. Louis encephalitis has claimed its first victim in Florida the states first death caused by the virus in 13 years a state health official said monday. Alvena Patton a 58-year-old Brevard county woman who has been in a coma since aug. 21, died saturday according to Ernie Durfee a spokesman for the state department of health and rehabilitative services. The death rate from St. Louis encephalitis typically is 7 percent. Since mid August the health department has confirmed that 34 people across Central and South Florida contracted the illness. One other person besides Patton has slipped into a coma Durfee said. Symptoms can include headaches and fevers usually Ever prosecuted on racketeering charges stemming entirely from obscenity crimes. Obscenity was added in 1984 to the Long list of underlying crimes on which a Rico prosecution could be based. A the courts determination of the Validity of pos judgment forfeiture in this Case will have enormous Impact upon the future of Rico obscenity prosecutions both state and Federal a lawyers for the convicted business owners said. Dennis and Barbara Pryba owners of the corporations that operated the bookstores and video shops in Northern Virginia were convicted of Selling and distributing obscene magazines and videotapes Worth about $105. An employee Jennifer Williams also was convicted on obscenity charges. Dennis Pryba was sentenced to three years in prison and five years probation and was fined $75,000. Barbara Pryba was Given a suspended prison sentence and fined $200,000. Williams was Given three years probation and fined $2,250. One of the corporations the Rybas owned also was fined $200,000. After a separate jury trial a Federal judge ordered that All asset including corporate Stock inventory Bank accounts automobiles Ana even office furniture a be forfeited. The convictions and forfeiture order were upheld by the 4th . Circuit court of appeals last april. In their Appeal the Pybas and Williams said forfeiture of businesses engaged in constitutionally protected activities a the distribution of materials not found to be obscene a amounts to an impermissible a prior restraint of speech. The Bush administration urged the justices to reject the Appeal. A if bookstores Newsstands publishing houses and the like were immune from forfeiture drug lords and other racketeers could invest in those businesses and thereby insulate their criminal proceeds from seizure a government lawyers argued. After returning to Mcchord Johnson engaged in homosexual conduct with a 17-year-old boy he had met in a Tacoma bar. Tried by general court martial at Mcchord in Early 1988, Johnson was convicted of consensual sodomy. He also was convicted of aggravated assault and attempted sodomy. He was sentenced to 10 years in prison. The . Air Force court of military review threw out the attempted consensual sodomy conviction after ruling that the charge essentially duplicated the aggravated assault charge. The court reduced Johnson a sentence to six years and its ruling was upheld by the . Court of military appeals last april. In seeking help from the nations highest court lawyers for Johnson said the portion of the uniform code of military Justice used to prosecute him for aggravated assault is impermissible vague when applied to the possible transmission of a virus. They said the offence of aggravated assault never was intended to be used against someone accused of transmitting a contagious disease unless there is a Clear intent to spread the disease. Associated with the flu and coma and death can eventually result from brain inflammation. In Between people can experience a stiff neck tiredness and irritability. Other severe symptoms include extreme sleepiness tremors and seizures. Eight people died during the last Florida outbreak of St. Louis encephalitis in 1977. The state usually has one to three cases a year Durfee said. Patton a husband said his family Hopes the death of the West Melbourne woman will cause residents to take warnings More seriously. A the county needs to get serious about this virus a said Harry Patton. A they need to get Spray trucks out and try to Stop this thing. I know it costs a lot of Money but Peoples lives Are at  supreme court Roundup his infected exam sergeant loses supreme court Appeal encephalitis epidemic kills 1st floridan