European Stars and Stripes (Newspaper) - October 11, 1991, Darmstadt, Hesse                                Appeal dropped on aids award to dying Marine Friday october 11, 1991 the stars and stripes Boston up a the Federal government decided wednesday to drop plans to Appeal the $3.8 million award it was ordered to pay a dying Marine whose family was infected with aids after bungling by Navy doctors. The decision by the . Solicitor general clears the Way for chief warrant officer Martin Gaffney to receive the award. The damages come 10 years after his pregnant wife was infected with the Fatai disease that ultimately spread to All but one member of his family. A this brings to a close a Case that presented not Only an extremely tragic and unusual set of circumstances but which also presented a number and wide variety of extremely important and novel questions of Law a . Attorney Wayne Budd said. A it was the decision of my office after weighing the merits of an Appeal against the equities of the Case including the current medical condition of Martin Gaffney and the amount of the award that further review of the issues in this Case was not warranted Quot Budd said. He added that he was sorry the Marine was forced to endure a Legal struggle As Well As the disease. A the governments initial decision to file a formal notice of Appeal was met with a storm of protest. The entire Massachusetts congressional delegation wrote to . Solicitor general Kenneth Starr urging the government to pay the award without further delay. Rep. Joseph Kennedy d-mass., said the government was a playing a game of Chicken with a dying  Gaffney 42, said he never believed the Case would be settled in his lifetime. A i was sceptical that i was going to live to see the end of this Case. I put up with this attitude from the Justice department for years and years a Gaffney said speaking from a wheelchair at Massachusetts general Hospital where he is being treated for aids related Lymphoma. Gaffney a 16-year Marine corps Veteran who worked at Nas South Weymouth before his condition worsened said he had feared a they were going to continue to play hardball for All the years i had  he sued the Navy for $55 million after his wife Mutsuko contracted the aids virus through a tainted blood transfusion during a 1981 operation at the Long Beach naval Hospital in California. . District judge Rya Zobel ruled last year in Boston that Mutsuko Gaffney a doctors were negligent by failing to give her a caesarean Section when her pregnancy was overdue. The operation was finally performed but the baby was stillborn and the woman required the transfusion. The couple had two More children before discovering in 1986 that Mutsuko Gaffney had been infected with the disease. She passed the disease to her husband and to their son John who was born in 1985 and lived Only 13 months. Mutsuko Gaffney died in 1987 at the age of 38. E attorney Jaclyn Mckenney congratulates Marine chief warrant officer Martin a Fly Ney at Massachusetts general Hospital in Boston on wednesday. Middie counselled on tone of Goy question am Kadai in we an a. _ a 1 Annapolis my. A a naval Academy midshipman who publicly questioned defense Secretary Dick Cheney about military policy barring homosexuals was counselled later by Academy officials a spokesman said wednesday. The stars and stripes Cheney defended the policy tuesday night during a speech at the Academy after Ernest Miller asked him a do you have the courage to discard this bit of a Chestnut a Cheney said there is no question the policy discriminates against homosexuals cmdr. Mike John an Academy snakes because it Isnit based on performance. It Man. Is also painful for homosexuals who have served Well in the armed forces he said. Miller had been counselled but not because of the nature of his question said a the tone of the mid midshipman was a bit inappropriate Quot John said. A a it a not inappropriate to ask questions about policy.�?�10 year Sago oct. 11,1981 a an estimated 250,000 people poured into Bonn to oppose the deployment of . Missiles in one of the biggest demonstrations in West German history.20 years ago oct. 11,1971 a Senate democratic Leader Mike Mansfield urged organized labor to abandon its threats to Boycott president Nixon a new pay board.30 years ago oct. 11,1961 a the state department announced that the United states has formally recognized the Independent nation of syria.40 years ago oct. 11,1951 a the new York Yankees won their third consecutive world series under manager Casey Stengel by defeating the new York giants. Man convicted of killing Huey Newton Oakland Calif. Apr a Man accused of killing Black Panther party Confounder Huey Newton to gain standing with a prison gang was convicted wednesday of first degree murder in the crime. Tyrone Robinson 27, faces a maximum sentence of 32 years to life. Judge Alfred Delucci of Alameda county Superior court set sentencing for nov. 25. Newton was shot in the head three times near a West Oakland crack House aug. 22, 1989. Robinson a convicted robber testified during the six week trial that he shot Newton 47, in self defense after Newton shot at him. Prosecutor Kenneth Burr said a it was obvious the jury did no to believe the defense claim that the shooting was in  Burr said Robinson shot Newton hoping to bolster his standing in the Black guerrilla family prison gang and to gain a crack Sejong franchise. Defense attorney Altos Wagner was not immediately available for comment. Wagner had argued that Newton was trying to Rob Robinson. After his arrest Robinson told investigators that Newton had robbed him two months earlier of cocaine and Cash. Tests detected cocaine and alcohol in newtons blood when he died. Newton and Bobby Seale founded the Black panthers the now defunct Radical Black liberation group in the 1960s to combat police brutality in Oakland. Panthers patrolled the streets in Black berets and Black leather jackets to Quot protect Black people from police whom they reviled As  a Newton and other panthers founded social programs to combat racism As Well As free food programs to help destitute Blacks in the 1960s. Congressional hearings in 1976 disclosed that Fri infiltrators tried to disrupt the organization and contributed to its eventual demise through infighting arrests and deaths. A a arrests anti deaths. Boys Ages 4 to 6, arrested for vandalism Orange Park fla. A police have arrested four boys ranging from Ages 4 to 6, on felony vandalism charges after causing up to $10,000 in damage to a vacant House by smearing motor Oil on Walls and carpets and breaking fixtures. The Mother of two of the youngsters said the criminal mischief charges were unnecessary. Quot there was no reason for this to Hap pen. My boys did no to know they were doing anything wrong. T hey thought they could use the House As their clubhouse and they were decorating it a said Iriri Collins whose 4 and 6-year-old sons were arrested sunday night. T he boys were taken to the Clay county sheriffs office where they were released to their parents. Collins said tuesday that she and her husband had agreed to help pay Lor the damages estimated at $6,000 to $10,000. Collins said the boys entered the House owned by Atlantic builders inc., through an unlocked door. Because the boys Are juveniles the state department of health and rehabilitative services will investigate and make a recommendation to prosecutors As to formal charges. I he lather of one of the other boys has also agreed to help  for the damages