European Stars and Stripes (Newspaper) - May 19, 1991, Darmstadt, Hesse                                Page 4 the stars and stripes sunday May 19, 1991court orders reporter to Washington a lawyers for the Washington Post Are studying their Legal options after an appeals court ruled that one of the newspaper s reporters must reveal a confidential Sou rce or go to jail. The newspapers Lead attorney Patrick j. Carome said he was a surprised and disappointed by fridays ruling that Linda c. Wheeler must obey a trial judges order to disclose who gave her secret plans for a failed 1986 drug raid. The District of Columbia court of appeals decision upheld an april 24 contempt of court order that Wheeler be jailed for refusing to make the disclosure in the civil trial of a lawsuit brought by six police officers. Carome who represents the newspaper and Wheeler said he would spend the weekend studying the decision and take a a very hard look at what our next step is a a those options include a request that the panel or the full nine member court rehear the Case. Wheeler could also go directly to the supreme court. The appeals panel temporarily left intact its stay of the contempt order issued by Superior court judge Richard a Mcvie who is presiding at the civil trial. The six officers claim they were unfairly made scapegoats for the failed a operation Caribbean cruise Antidrug operation which produced far fewer arrests than had been anticipated. The officers trial which is in recess is to resume monday. The appeals court upheld levies findings that Wheeler had waived any claim of confidentiality by disclosing to two . Park service police officers that she obtained a secret handbook outlining the drug raid from police. Chief Isaac Fulwood then the assistant chief. -. A a a a Quot /. The two police officers one of whom has married Wheeler since the 1986 raid testified in a pre trial hearing that Wheeler told them that Fulwood gave her the secret plans. Wheeler testified she does no to recall Ever telling the officers about obtaining the handbook. A Appellant cannot choose to disclose to others in 1986 that Fulwood was her source for the classified information detailing the confidential police operation and then choose in 1991 a As a witness in a judicial proceeding a not to make this same disclosure a the appeals panel said. \ a in Short what she chose to say to others out of court she cannot now re fuse to repeat in court a said the opinion by judges John m. Steadman an Nice m. Wagner and John w. Kern Iii. A we consider this a Victory for the plaintiffs and for our Legal system a said Candida steel attorney for the six police officers. Asked if she would press to have Wheeler jailed if the reporter refused to testify steel said �?o1 done to think i have a choice.�?�1 person killed 10 Hurt by lightning strike Washington a a 15-year-old boy was kilted and 10.other people were injured when lightning apparently struck As they huddled beneath a tree during a Brit a but violent thunderstorm. The lightning strike was reported about 4 50 . Friday near Tennis courts at the prestigious St. Albans school for boys said District of Columbia fire department . Ted Holmes. Noah Eig of Bethesda md., a student at Landon. Boys school of Bethesda was pronounced dead at 5 18 . At Georgetown University Hospital Hospital spokeswoman Kate Eagan said. Eig was one of a crowd of people waiting for a Lacrosse game Between St. Albans and Landon to re Suine a a a a a a a a a a a Quot a a. A. A there was a loud noise and the kids standing next to me just fell like cards a said Carol Lubetzky who also was beneath the tree that was struck. A my ears were ringing. One Guy turned Blue then  a a a. A a a a  a v a a a. A three adults were hospitalized in critical condition at Georgetown Eagan said. Two were Ginger Snyder 44, the Parent of a St. Albans student and 44-year-old Fred Laughlin the father of a Landon student. The name of the third was not released. Claudia Parker 42, was listed in fair condition at suburban Hospital in Bethesda. Another adult who was not identified was treated and released. Jeffrey Cohen 15, was admitted in serious condition to George Washington University Hospital spokeswoman Heidi Rosvold Bren Hoitz said. He later was transferred to Georgetown where he was listed m stable condition. Three minors were admitted to Georgetown where they were listed in fair condition. Another teen Ager was treated arid released. Some spectators at the game said that in their Hasty Retreat from the Lacrosse playing Field several people did not Stop to consider the danger of standing beneath a tree during a storm. Carol Lubetzky Center and Nancy Ebersole talk with policewoman Ronda Nunnally after the fatal storm. A you would think none of us had a brain in our head a Lubetzky said. A we All know not to go under a treat but so Many of us did it. It was All such a Shock such a horrible  a the thunderstorm swept swiftly and with Little warning across the Washington area snapping tree limbs causing minor flooding and traffic jams and leaving several thousand residents without electric Power. Holmes said three other people two paramedics and another person were injured when an ambulance in route to the school struck a car. Names of the victims were not immediately available. St. Albans adjacent to Washington National Cathedral is one of the most prestigious schools in the nations capital. Wealthy and powerful families traditionally scramble to get their offspring enrolled there. Is ban by appeals court by the new York times Washington the . Court of appeals for the District of Columbia on Friday declared unconstitutional a recent Federal Law that banned a a indecent radio and television programming. The decision creates a major obstacle for both Congress and the Federal communications commission which adopted rules to carry out the new Law last july in their attempts to impose a full time ban. Under rules in effect before then the ban on indecent Materia. Was in effect from 6 . To h . The Law that was struck Down Friday would have extended the ban to 24 hours a Day. As defined by the acc indecent programming is material that Falls Short of being obscene or pornographic but is considered a contrary to contemporary standards for the broadcast  in its rulings the pc c Defin Gajc decent material As depicting a sexual or excretory activities or organs in terms that Are a patently offensive As measured by contemporary Community standards for the broadcast  a while we do not ignore Congress apparent belief that a total ban on broadcast indecency is constitutional a the court wrote in its decision a it is ultimately the judiciary a task particularly in the first amendment context to decide whether Congress has violated the Constitution. Neither the commissions action. Nor the congressional mandate that prompted it can pass Muster under the Law of this circuit.�?�. Commission officials declined to say whether they would Appeal the ruling. Broadcasters and other groups opposing the rules praised fridays ruling. A i think its an important decision a said Timothy Dyk a Washington attorney who argued against the 24-hour ban on behalf of three television networks and other broadcast interests. Quot what it Means is that during at least some portion of the Day broadcasters Are going to enjoy at least some creative  a but the decision was greeted ruefully by acc officials and parents organizations alarmed by increasing sexual  the surveys Al the polls show there Are children in the audience 24 hours a Day both As tar As radio and television Are concerned a said James p. Mueller Legal counsel for the children Slegal foundation a Phoenix group that filed Legal briefs supporting the ban. A Quot what the court is saving and what people challenging the acc regulation Are saying is it s of to harm a half million kids in order to satisfy an alleged constitutional right to have indecent material  Quot ousted tenant leaves 85 cats Berkeley Calif. A a woman evicted from a hotel after other residents complained her cats made the place smell like a litter Box left 85 of the felines in her room when she moved out hu1 mane society officials said. A there was an Ocean of cats a carpet of cats a said Nancy Frensley state officer for the East buy humane society. Chessy Hawkins 54, moved out of the Campanile hotel on tuesday and took four cats with her a one on a Leash and three under her coat Frensley said. The humane. Society s Kennel which usually accommodates anywhere irom 10 to 70 cats was overflowing with Hawkins former pets said pet adoption Counselor Kathy Smiljanic