European Stars and Stripes (Newspaper) - February 17, 1991, Darmstadt, Hesse                                Page 8 the stars and stripes sunday february 17,1991justices to hear death penalty Appeal Washington not the sur Primc court announced Friday that it will consider whether to overrule two decisions that barred prosecutors in death penalty cases from introducing evidence about the character of the murder victim or the effect of the murder on the victims family. The unusual order indicated that a majority of the court is eager to overrule those decisions which Date from the late.1980s-, a i the earlier cases barring the use of such evidence by prosecutors in Maryland and South Carolina were decided by 5-4 votes. ,. A a a a a a a Quot. Of the five members of the majority in the original Case Booth is. Maryland decided in 1987, Only three Are still on the court. Those three justices John Paul Stevens Thurgood Marshall and Harry a. Blackmun dissented from fridays order which was unsigned. The court had accepted an Ohio Case earlier this term that appeared to be a vehicle for reconsidering the decisions on statements about the effect of. A murder on the victims family. But that Case was procedurally flawed and the Coitt Tus missed the Case without deciding it. The dismissal appeared to end the matter at least for this term because new cases the court accepts after january usually cannot be heard or decided until the new term begins the next fall. But in its order accepting the Case a an Appeal by a convicted murderer on Tennessee a death Row a the court scan expedited schedule for argument that will enable the Case to be decided by the time the current term ends in Early summer. The Tennessee inmates Appeal did not. Challenge. The court s. Decisions on statements about the effect of a murder on the victims family. To the contrary. The inmate Pervis t. Payne argued that the Tennessee. Supreme court had improperly failed to apply those precedents last year when it rejected his Appeal from a death sentence for killing a woman and her 2-year-old daughter. The victims Mother and grandmother testified at his sentencing hearing describing what they said was the devastating effect the crime had on the murdered woman a surviving 3-year-old son. In upholding his death sentence the Tennessee supreme court said that the use of this testimony did not violate Payne a constitutional fights and was at most a harmless  the Tennessee court acknowledged the the . Supreme court precedents but said that the victim Impact evidence in the Payne Case was significantly less inflammatory than the evidence that the court had barred in the South Carolina and Maryland cases. Payne a Appeal reached the supreme court Early last fall. The justices decided to defer any action on it until they decide a cd the Ohio Case. After they dismissed the Ohio Case last month the justices evidently searched their docket for another Case that might enable them to Deal with the Issue of statements about the effect of a murder on the victims family. Since Payne had not posed the question a himself the court added the question to his Case. The order granting review said a in addition to the questions presented by the petition the parties Are requested to Brief and argue whether Booth is. Maryland and South Carolina is. Gathers should be  the courts decisions on such statements were among the relative handful of pro defendant rulings by the increasingly conservative court in recent years. A 4-year-old s hair causes Row in Texas school Pharr Texas a four year old Joshua Garcia sat in the school cafeteria on Friday with his shoulder length hair still hemp and with his thumb stuck in his Mouth seemingly enjoying the swirl of attention. Joshua s parents  vow to god to keep his hair Long until doctors assure them he is cured of cancer. But. Officials contend he a violating a dress code that prohibits pupils from having hair that Falls below the Collar Joshua missed two Days of school in Early february before a judge ordered Carnahan elementary school to readmit him. Although that order expired thursday school officials let Joshua stay in class Friday while they decide whether to expel him. A television Crew interviewed him As he ate breakfast with pc kindergarten classmates in the cafeteria. Asked if he knew Why he was getting attention Joshua replied a i done to know. Because they wapt me to Cut my hair.? Sandra and Manuel Garcia obtained a temporary re straining order letting Joshua attend the Public school in Pharr near the mexican Border after the school sent the boy Home an feb. 5. / but visiting state District judge Romeo Flores dissolved the order thursday saying the family did not prove irreparable harm had been done to the boy. The judge refused to Issue an injunction prohibiting the school from expelling the child. Joshua will remain in his half Day school program while the District lawyers and judges decide what happens next Quot what goes on beyond today will depend on the attorneys a principal Sofia Valdez said. School District attorney Jesus Ramirez recommended that the Garcias go before the school Board to seek an exception to the hair Rule on religious grounds no hearing has been scheduled. A a it a not a hair Case a Ramirez said. A it s a first amendment religion Case. Its an important distinction. Joshua Garcia at Home with his Mother Sandra Garcia. The couples attorney Aaron Pena jr., said they want to set a precedent for a the Issue of whether hair length is a religious expression and whether or not that is protected under the  the Garcias said they made avow to god at a Catholic shrine in november 1987 not to Cut the boys Light Brown hair until they were sure Joshua a cancer was completely cured doctors feared that cancer removed from one of Joshua a Testicles had spread to his Lymph nodes. Hispanics in South Texas regularly make pilgrimages to a shrine in nearby san Juan to other up Faith promises some of the faithful leave locks of hair crutches graduation Caps or other symbols in a special room after their prayers Are granted said the Rev. Pete Cortez shrine director. A in that Joshua a health dramatically improved i do feel both d to abide by my Promise a Sandra Garcia wrote the school principal. The Garcias said they probably will Cut Joshua a hair this summer if a series of blood tests continues to show the absence of cancer. A. Quot it is not the Only hair related controversy in Texas in recent months. In the Central Texas City of Bastrop 8-Ycar-Oid Zachariah Toungate had been taught separately from his classmates since oct. 5 because his 7-Inch Ponytail violated the schools dress code. His Mother september Toungate argued the dress chide is unconstitutional. On the advice of a paediatrician who said the isolation was hurting Zachariah emotionally she withdrew her son and a 5-year-old daughter from the school last week and said she planned to teach them at Home. A \ in another Case a fifth grader in a Esquite was suspended for three Days in january for wearing his hair too Short. Do Vannah Browne a parents said the haircut was deemed unusual because he is the Only Black boy in his class. A a Quot a a. A a a sex Cia chief Mccone Pebble Beach Calif. A John Alex Mccone who was appointed Cia chief after the Bay of pigs invasion and was a former chairman of the atomic Energy commission died thursday at his Pebble Beach Home at the age of 89. President Eisenhower named Mccone chairman of the atomic Energy com tit is Sion on june i 1958. He was a signer in november 19.58 of an agreement Between the United states and the six nation european atomic Energy Community that called Lor a joint nuclear Power and research development program in Europe. In 1961, president Kennedy nominated Mccone As director of the Cia to succeed Allen a Dulles following the Bay of pigs invasion of Cuba by .-hacked cuban exiles in a failed attempt to oust Fidel Castro. �?o1 will do my  Mccone said  after his appointment. During his tenure with the Agency. Me a a Cone a made an enormous contribution to the Security of this nation a Cia director William h. Webster said in a statement issued Friday. A the guided the intelligence Community during a particularly trying time and it was under his leadership that the Central intelligence Agency provided vital information to Kennedy and senior policymakers during the cuban missile crisis in 1962, Webster said Quot he also credited Mccone with creating a new directorate for science and technology and coordinating overhead recon nuisance program responsibilities with the air Force. Mccone left the Cia in 1965 to work in private business in los angeles., born in san Francisco on Jan. 4, 1902, Mccone was graduated from the univer Sitye of California at Berkeley a College of engineering. He worked As a construction Engineer at Llewellyn Iron works before becoming a superintendent at consolidated steel co. In 1929. From 1933 to 1937, he was executive vice president and director of consolidated steel. In 1937, he and Stephen Bechtel formed Bechtel Mccone corp. And he served As its president until 1945. Bechtel Mccone corp., which primarily handled engineering and building of refineries and chemical plants merged with . Bechtel co., the founding Parent company of engineering giant Bechtel group inc. Mccone was president and director of California shipbuilding corp. From 1941 to 1946, and owned Joshua Hendy Iron works now known As Joshua Hendy corp., from 1945 to 1969, As a member of president Truman s air policy commission in 1947, Mccone helped write a survival in the air age a a report that helped bring air defense policies up to Date. A. In 1948,-Mccone served As special Deputy to Secretary of defense Janies v. For Esta 1 and Over save Quot preparation of f he first two budgets of the newly formed department of defense. In 1950, he became undersecretary of the air Force fighting for it to receive a larger share of the defense budget. He resigned from the Post in october 1951. Funeral arrangements were incomplete Friday. Chrysler to Cut 3,000 Highland Park Mich. A Chrysler corp. Will Cut up to 3,000 people from its salaried work Force As part of a Cost cutting program aimed at reducing its $30,5 billion in annual costs by $3 billion the company said Friday. A depending on business conditions up to 3,000 employees. Quot could be affected by further reductions in Chrysler a salaried work Force during 1991,�?� said a statement Friday by vice president Anthony St John. The statement said the reduction would be accomplished through a special Early retirement plan and a a voluntary termination incentive program Quot details have yet to be worke my by the plans should be in place within two. Months the statement said. A 3,000-employee Cut would reduce Chrysler a non Union work Force to the lowest level since the Early 19s0s, when the company was battling bankruptcy #