European Stars and Stripes (Newspaper) - April 17, 1991, Darmstadt, Hesse                                Pages b the stars and stripes wednesday april 17, 1991 ruling restricts appeals a death Row inmates Washington apr the supreme court in a ruling that could hasten Many executions tuesday re Siri Ned the rights of death Row inmates o a amp fre pealed appeals of their convictions. The 6-3 ruling in a Case from Georgia was denounced by the dissenters As a drastic curtailment of criminal defendants 1 rights. T he court rejected arguments by death Row inmate Warren Mccleskey that Georgia officials violated his rights when they failed to give him a written statement supreme court from the inmate to whom Mccleskey allegedly confessed the 1978 slaying of an Allan to police officer. Justice Anthony m. Kennedy writing for the court said Mccleskey s failure to raise the Issue during an earlier Appeal in 1981 disqualified him from trying to use it later. Kennedy said the Burden is on defendants in such cases to prove they had Good reason for not raising the Issue initially and that their failure to do so has prejudiced their ability to defend themselves. For example Kennedy said the prisoner must prove that state officials deliberately interfered with his ability to raise the Issue. A it is not necessary for the state to prove that the defendant deliberately abandoned the Issue in an earlier Appeal in order to raise it subsequently Kennedy added. The Only exception to the new restrictions Are those rare instances in which defendants can show they Are probably innocent of the crime Kennedy said. He said the new rules a should curtail the abusive petitions that in recent years have threatened to undermine the integrity of the Hareas Corpus process a Hareas Corpus is the system that permits convicted defendants to Appeal to the Federal courts for help when they claim their constitutional rights have been violated. A. A. A proposal in Congress to limit Hareas Corpus Peti Lions was introduced after a special study committee appointed by chief Justice William h. Rehnquist recommended time limits on death Row appeals. Justice thu Good Marshall in a dissenting opinion said tuesdays ruling encourages state officials to conceal evidence that would Likely prompt prisoners to Appeal their convictions. Mcclesky Cyl a murder conviction was overturned in 1989 by a Federal judge who ruled the state had violated his rights in obtaining his confession to offie Evans a fellow prison inmate. But the 11th . Circuit court of appeals reinstated the conviction ruling Mccleskey forfeited his right to Challenge the constitutionality of the confession by failing to raise the Issue in 1981. Mccleskey a lawyers said they lacked evidence to Challenge the confession until 1987, when they obtained Evans written statement after the Georgia supreme court ordered police records made Public. The defense lawyers said Evans statement gave them the first clue that the inmate had been coached by Atlanta police to elicit a confession from Mccleskey. / a it w a Quot. Georgia officials said the state had not deliberately concealed Evans statement from the defense. They said Mccleskey a lawyers neglected to ask for it. In other action the court a ruled that states May tax Cable television operators without having to Levy the same tax on All other news Media. The 7-2 decision upheld an Arkansas sales tax on Cable to service. Cable operators had attacked the tax which is not imposed on newspaper or Magazine subscription sales As a violation of their free speech rights. A ruled that lawyers who represent themselves in successful civil rights lawsuits cannot collect attorney fees from the losing Side. The court said Richard b. Kay a Florida lawyer who sued Kentucky to get his name listed on the presidential ballot in that states 1980 democratic party primary cannot Benefit from a Federal Law allowing attorney fee awards in such cases. Quizzed for dues to crime new Ork up a Law enforcement authorities huddled with informants to find out whether the gang Ltd style killing of reputed crime Boss John Gotti s  and confidant Means his rivals have taken adv outage of his imprisonment to move in on him. Bartholomew a Bobby Quot bordello 46, was riddled with bullets saturday As he got out of his car in the driveway of his Bath Beach Home in Brooklyn. Police spokeswoman officer Janet Swinney on Money said 10 to 12 Shell casings found at the scene were believed to have been fired from a .38 automatic. Most of them hit Borriello in the head. No weapon was found she said. Police sources described Borriello As a Quick tempered. Ambitious and arrogant Man who had successfully passed from the Gallo to the Genovese crime families into Gotti s Gambino family where he acted As Driver and bodyguard for Gotti As Well As his Leisure time pal. A. One source said Borriello was no less than a protege of Gotti perhaps being groomed for a larger role in running the Gambino family s enterprises. He was a known As a heavy narcotics trafficker these sources said. Trie Tali hulking shooting victim also was known As the a baby Sitter Quot for John Gotti jr., and his wife Susan Romelio. And also known As a close Friend of one of Gotti s daughters.  Gotti in jail for months awaiting trial on Racke ice ring charges rival crime families May be testing his now or to retaliate in what could be the beginning of a mob War Law enforcement sources said. The theories were being propounded for the killing that Gotti s rivals May be moving in on him that a re Iuit Niv ordered the hit or that Gotti sanctioned snot my a a theory considered the least Likely. Bobielu know it As an opportunist shifted to the Geteve a crime family after the killing of Joseph age j ii Gallo and finally moved to the Gambino mini tamil idler the slaying of Gotti s predecessor 1 i Ekeocha had been seen Recu Liiv with Gotti Bartholomew a Bobby Quot Borriello right is shown in 1986 with his Boss reputed godfather John Gotti. In the last five years Gotti has been in jail since his arrest in december on racketeering charges including accusations he masterminded the 1985 slaying of Castellano. Authorities say the murder consolidated gottis Power and made him the nations top mobster a you be got to think that this is a real slap at John and that there is going to be a real big problem a the news quoted one Law enforcement source saying. Borriello a body was discovered by his Nephew about 7 30 . Saturday lying next to his 1991 Lincoln town car in the driveway of his Home police said. Borriello had been arrested at least six times for weapons violations assault larceny and gambling police said. Quot army s new helicopter is named Comanche from wire reports Washington a the army a newest armed reconnaissance helicopter has been named the Rah-66 Comanche the Pentagon announced on monday. The service traditionally names its aircraft after famous Indian tribes. A the Comanche is destined to accompany the army a primary attack chopper the Apache int Battle a a a a a a Quot a a. A a a a a. The army announced on april 5 that the new chopper would be built by Boeing helicopters of Philadelphia and Sikorsky aircraft co. Of Stratford Conn. V a the comanches were Superior scouts and fierce fighters. The helicopter has been designed to reflect the characteristics of its american Indian namesake a the Pentagon statement said. Submarine fires Trident ii Cape canaveral Fla a Trident ii missile was launched successfully monday from a submarine about 250 Miles off Florida a East coast the air Force said. The Navy Trident ii Fleet ballistic missile was fired from the strategic missile submarine West Virginia at 5 10 . As a test for the Crew. The exact location of the demonstration was not disclosed. G a a Quot a a a a. A a a a a a a the West Virginia is the third submarine to carry the Trident ii. Mondays test was the fifth of its kind. The demonstrations Are intended to show the Crews ability to safely handle the weapons system fall kills Crane operator Coraopolis a. A a Crane operator was killed Early. Monday in an Accident at greater Pittsburgh International Airport the third construction death at the Airport in nine months. The victims Crane was lifting 32,000-Pound slabs of Concrete when it started rocking and snapped off said Airport spokesman Pat Boyle. He tried to jump out but apparently fell about 20 feet Boyle said. The dead Man worked for Golden Triangle construction co of Imperial which is replacing 12-by-15-foot slabs of worn Concrete on a runway Boyle said. A / the runway work is unrelated to the construction of a new $600 million Airport terminal where two workers were killed last summer and fall cremated ashes discarded los Angeles a a jewelry Box containing the ashes of a 12-year-old Giri May have been discarded by a burglar who inadvertently scooped up the cremated remains As part of his Booty police said monday a Silverlake area resident found the wooden Box saturday on a Street said police sgt. Paul Lehman. A brass nameplate Reading a a Judy also displayed a dec. 9, 1967, Date of birth and a May 25,1980, Date of  we think they were probably taken in a burglary a Lehman said. In addition to the cremated remains the Small Cedar jewelry Box contained several crayons Lehman said. A Check of recent burglary investigations failed to turn up any reports of the theft of cremated remains Lehman said a 1 a. A . Government shuts Down. Providence  Rhode islands financially strapped state government shut Down monday for the third time furlough ing for one Day nearly every state employee except for emergency health and safety workers. Gov. Bruce Sundlun initially scheduled 10 furlough Days by june 30, but he reached a Compromise last week with state employee unions that ended the shutdowns. Under the agreement unions will forgo pay for eight Days Between now and the end of the fiscal year june 30. They also will give up part of their  the budget year beginning july 1. But the 19,000 state workers will be Able to recoup the Days As vacation time in a Lump sum Cash payment they could begin receiving next year or As extra paid personal Davs off when they retire or quit