European Stars and Stripes (Newspaper) - February 13, 1991, Darmstadt, Hesse Page 10 a a the stars and Stripe wednesday february 13,1991court throws out Bakeis sentence Richmond a. Apr a Federal appears court upheld former television evangelist Jim bakkers fraud and conspiracy convictions but threw out his 45-year sentence Mccause of remarks made by the trial judge. A three judge panel of the 4th . Circuit court of appeals said Bakker was fairly tried and convicted of 24 counts of wire fraud mail fraud and conspiracy in october 1989 but must be . A a in a just so excited today i can to even talk and can tsp even think a bakkers wife Tammy Faye told a Milwaukee radio station. A needless to say our family is grateful and excited today.�?T�?T. The a pm inti r . Pal network amp As sentenced oct. 24, 1989, to 45 years in prison and fined $500,000 for defrauding followers who bought partnerships in it la a heritage Usa vacation Park and Retreat in fort Mill . L in began his prison so Mence immediately. But the appeals court said . District judge Robert d. Potter of Charlotte n.c., abused his discretion and violated bakkers due process rights with his remarks at sentencing. During the hearing the judge said Bakker a had and thought whatever about Iris victims and those of us who do have a religion Are ridiculed As being saps for Money grubbing preachers or a the appeals court said judges cannot punish defendants for offending their personal religious beliefs. A whether or not the trial judge has a religion hair relevant for purposes of sentencing a said the opinion written by judge j. I Larvie Wilkinson Iii and joined by judges j. Dicj son Phillips or. And John d. Butzner or. A regrettably we Are left with the apprehension that the imposition of a lengthy prison term Here May have reflected the fact that the courts own sense of religious propriety had somehow been betrayed a Wilkinson wrote. The court ordered that Bakker be re sentenced by a different judge. Bakker has been serving his sentence at a Federal prison in Rochester Minn. A Bakker lawyer said a motion would be filed to get him freed on bail pending the re sentencing. Mrs. Bakker has lived in Bakker Florida since her husband went to prison conducting services at new covenant ministries near Orlando r a my daughter just called screaming crying and saying a mom mom mom a and so 1 did t hear exactly what happened until i just heard you talk about it just at this moment a mrs. Bakker told Milwaukee radio station it my am. She said she hoped to hear soon from her husband. Bakkers Appeal was argued last october by Alan m. Dershowitz a Harvard University Law professor who v joined the Case after Bakker was convicted. ,. Dershowitz had also argued that bakkers sentence exceeded Federal sentencing guidelines that took effect. Nov. 1, 1987. But the court said the guidelines do not apply because the conspiracy began in 1982. The court also rejected bakkers claim that his jury a trial was tainted by publicity that he was denied effective counsel that two rulings on evidence were incorrect and that the jury instructions were improper. On the publicity charge the court noted that Bakker made frequent appearances on National television shows before the trial. A a defendant should not be allowed to manipulate the criminal Justice system by generating publicity and then using that same publicity to support his claim that the Media attention surrounding his Case created a presumption of prejudice a the court said. Dershowitz was in class tuesday and could not be reached immediately for t. Davis one of bakkers attorneys said the next step in the Case probably will be a court hearing in Charlotte to set a Date for re sentencing. A. At that hearing a counsel would have an Opportunity to make a motion to have him released on bail until there is a new sentencing a Davis said. A i would think that common sense Justice would require that. He should never have been incarcerated during this a israeli soldiers begin training in Germany Bonn Germany apr thirty two israeli soldiers began a special training program tuesday to learn How to combat chemical weapons the defense ministry said. The program at the military chemical weapons training facility in the Southern City of sont Hofen near the austrian Border is to run until March 8, the ministry reported. Germany agreed last month to Send Israel eight armoured Fox vehicles designed to detect chemical weapons part of an estimated $689 million military Aid package Germany has promised to a a a. A a a. A the government also has Given Israel $172 million in humanitarian Aid including $3.4 million to help rebuild damage done by iraqi scud missiles. Israel and other Western nations have criticized Germany because some German companies allegedly helped Iraq develop chemical weapons. A. A allies from Page 1 a. On Baghdad were two five Story buildings housing the local government and Justice ministries. Adjacent residential neighbourhoods also were damaged. The bombardments were so powerful that part of the building housing the local government ministry which now oversees Kuwait crumbled to the ground. Iraq reported six people were killed and 17 injured. Aliud w it a planes first attacked the ministry Jan. 22, re inflicting Only slight damage. The Mirt Stry is headed by Ali Hassan Al Majid a Cousin and close aide of Saddam a who was put in charge of Kuwait after iraqis aug. 2 inva israeli defense minister Moshe Arens who was also in Washington for talks with Bush said his nations air Force could help Knock out iraqi scud missile launchers and make a significant contribution to the Allied War Effort. Arens appeared monday to hint he had asked that Israel be invited into the War. So far the jewish nation has held its fire although it has been the target of 13 missile attacks. Israeli prime minister Yitzhak Shamir implied tuesday that his country might not hold its fire indefinitely however a a a 7 a a a a. A a a but he said Israel is mindful of . Concerns. American officials have discouraged israeli involvement in the Page 1 would Rise to 1,300 Marks or $915. Similar discount fares Are also available to other cities in the United states. Lufthansa a previous Low round trip Price to new York was 1,189 Marks or $835, according to Lufthansa spokesman Wolfgang Weber. The fare cuts Are Good Ujj til March 31 of next year but All bookings must be made by March of this year. The tickets must be paid for and Issue within 24 hours after the reservations Are made. A the Lufthansa discount is a i whited time offer intended to counter the drastic decline in bookings because of operation desert storm. A we will not get involved in a Long term trans Atlantic Price War a Weber said. It was not immediately Clear whether other airlines would match the reductions. However Isabella ,.said her airline would Likely follow suit. And a spokesman Tor Northwest airlines in Frankfurt said Northwest had not yet Mihul a formal request for a fire added. A i v. A a. I % there was no indication that Al Majid was at the ministry during the attacks. Reporters taken to the site six hours later saw flames rising from the ruins. Allied raids have destroyed four of the City a 12 Bridges Over the Tigris River. If the remaining Bridges Are destroyed Baghdad will be divided into Western and Eastern sectors separating Many families and disrupting transportation a a. A a. A. A a a massive explosion Early tuesday even Shook the Al Rashid hotel temporary Home of foreign journalists and diplomats. Among the guests was soviet envoy Yevgeny Primakow who was in Baghdad to discuss with Saddam a Kremlin initiative on ending the War. In Washington on tuesday Britain a defense minister said after meeting with president a Bush that there still is a work to be done in air attacks weakening iraqi forces before the allies launch a ground offensive. Bush also meeting with French defense minister Pierre Joe to discuss the status of the ground War steered Clear of any such Public assessment a Day after saying the bombing would continue for the time being. British defense minister Tom King expressing Strong support for the . Strategy said there was a a need to some significant reduction in iraqis military capability before a major ground Effort to push the iraqis out of Kuwait. \. Quot Quot. Gulf War because it could Ahe Naie Tab Tiai ions in the Allied coalition. A quota Urban neighbourhood in Israel was hit by a scud Early tuesday and israelis army reported six injuries. Another scud aimed at Israel hit an uninhabited area monday night the authorities said. For Security reasons the israelis refuse to specify where missiles hit. Meanwhile . Aircraft inflicted heavy damage on an iraqi Convoy of 25 to 50 vehicles it blasted monday night and Early tuesday in Southern Kuwait an american military briefer said tuesday. An iraqi helicopter also was shot Down overnight near Mosul in Northern Iraq Marine Brig. Gen. Richard 1. Neal said. In other developments a the battleship Missouri in the persian Gulf joined Marine air and artillery units and saudi artillery and Multi launch rocket systems to bombard iraqi positions in Kuwait Neal said. A Allied planes flew 2,600 sorties tuesday raising the total since the War began Jan. 17 to 65,000. Military officials said that an earlier report that 69,000 sorties had been flown was in error. I a the non aligned movement said tuesday it will Send a three or four nation Mission to Baghdad As soon As possible to try to prevent what it termed a dangerous escalation of the Gulf War. Iran which has been prominent in diplomatic efforts to end the War is Likely to be one of the nations going to Baghdad. Recession can to imagine that we match a Delta airlines spokesman also said his airline would probably Cut its fares. Pan american world airways which has matched the British airways discount has not decided whether it will duplicate Lufthansa a offer a company spokesman said. Airline officials said the fare reductions would not affect military fares. The current round trip military fare from Frankfurt to new York is $538.&Quot the Frank Furt Atlanta connection is $660 for a round trip ticket. Military fare tickets Are available to sen ice members their families and . Government civilian workers. Staff writers Norm. Zeigler Amy Geiszler Jones and Mary Neth contributed to this report. Washington apr president Bush tuesday acknowledged that the country is in a recession that is 7eming�?o-p-Nninn economic he continued to forecast a Short and mild downturn. Riih his a r a part Ftp if in a car Dent to preach the gospel of free Market economics instead of Reliance on big government programs to get the Economy growing again. But he struck a More somber tone than he Didjun last years edition in which he had proclaimed the Economy to be a in excellent health with no recession on the horizon. A the events of 1990 were a reminder that even a healthy Economy can suffer shocks and Rort term setbacks a Bush wrote in the introduction to this year s report which was prepared by his three member Council of economic advisers. Michael Boskin the Council s chairman said the Basic theme in this years economic review was that the nation needed to a stick to policies that enhance Long term growth and not try to Battle the recession with Tenpo Rary fixes that would make the deficit worse. The administration has repeatedly voiced opposition to democratic proposals for Public works programs or cuts in the social Security payroll tax. Boskin at a briefing on the 411-Page report told reporters that one major drag on the Economy a higher Oil prices a had already been eased we Ith the drop in prices that accompanied the Onset of the persian Guit War. A your Outlook is that the Economy after a relative a Brief and mild recession will rebound by the Middle of the year and resume its growth a Boskin said. The economic report blamed the recession on the Oil Shock and consumer uncertainty that followed Iraq s invasion of Kuwait on aug. 2. A
