European Stars and Stripes (Newspaper) - October 16, 1991, Darmstadt, Hesse                                Wednesday october 16, 1991 the stars and stripes b Page 7court to Rule on capital trial Issue Washington up a the supreme court agreed tuesday to decide if potential jurors at a capital murder trial must reveal whether they believe All convicted killers should be put to death. Although intense focus was directed at the Senate confirmation vote on judge Clarence Thomas the court quietly began its second week of the 1991-92 term by also announcing it would not disturb a decision that police needed a warrant before searching belongings left outdoors by a homeless person. And the court operating with Only eight members agreed to decide if states and locales faced with a shortage of affordable housing can bar owners of Mobile Home Parks from raising rents. A the capital punishment Case involves Derrick Morgan an Illinois Man sentenced to death for a 1985 execution style slaying. His trial court asked All members of the jury Pool if they would be unable to impose the death penalty were he convicted but refused morgans request that they also be asked if they would a a automatically vote to impose death. Morgan claims the failure to fully question potential jurors about their views on capital punishment violated his right to an impartial jury under the sixth and 14th amendments. In another closely watched Case the court vacated a ruling that said it could be deemed cruel and unusual punishment for non smoking inmates to be exposed to the secondary cigarette smoke of their fellow prisoners. With two dissents the court vacated a ruling of the 9th . Circuit court of appeals that the eighth amendment bars Nevada prison officials from housing a non smoker a in a prison environment that exposes him to Levels of ets environmental tobacco smoke that pose an unreasonable risk of harming his  in a one paragraph order the supreme court told the appeals court to reconsider its rationale in Light of the High courts june decision in another Case. In that ruling the High court made it More difficult for inmates to sue to improve their living conditions saying prisoners must show that officials exhibited a deliberate indifference to their plight in order to prove a violation of the eighth amendment. The homelessness Case involved David Mooney a Connecticut Man convicted of murder. The Connecticut supreme court in a 4-3 ruling had reversed Mooney a murder conviction because police searched his cardboard Box and Duffel bag hidden near a Highway Bridge abutment without first obtaining a warrant. Connecticut a highest court ordered a new trial reasoning that Mooney retained a fourth amendment right to be free from unreasonable search and seizure near the Bridge because it was a regarded As his  the High court without comment refused to disturb that ruling. The Mobile Home Issue involves a ruling by a California state appeals court that the rent control ordinance does not violate the Constitution despite differing opinions in two Federal courts. In 1988, Escondido calif., approved a rent control ordinance that ordered a Rollback of rent for Mobile Home spaces to the Jan. 1, 1986, level. The ordinance does not apply to the physical Mobile Home but to the land on which it sits. The Law requires that in most cases rent cannot be raised even when a new tenant arrives in a Mobile Home Park. As a result used trailers in place in rent control Parks Are Selling for More than new trailers in neighbouring communities where rent control is not in effect. Escondido Mobile Home Park operators say the ordinance illegally has transferred profits from them to the individual owners of Mobile Home units. The ruling expected by next summer could have nationwide Impact on local efforts to ensure affordable housing. In other action tuesday the court a agreed to decide if an indictment can be dismissed because the government failed to present evidence to a grand jury that might have cast doubt on the suspects guilt. A let stand a decision that a naturalized citizen can be deported without trial for having served As a guard outside a German concentration Camp in the 1940s, without proof he personally committed a crime or was even aware of nazi atrocities. Probes seek cause of school bus tragedy Miami up a the Florida Highway patrol tried to determine tuesday How a wheel broke off a truck and smashed into a school bus killing two of 47 fourth graders on their Way to a museum. The patrol said part of the problem was the Lack of sufficient inspection of trucks on the highways. Only six department of transportation inspectors Are assigned to cover four South Florida counties. A a it a been a big problem a said patrolman Juan Hiriart one of the inspectors who randomly pulls trucks off the Highway and inspects them. Arcadio Marin 51, the Driver of the truck that lost the tire said he was driving West on state Road 836 at about 10 . Monday when he heard a noise. Marin said he was Able to Stop the 1986 Mack truck in the Middle Lane but watched helplessly As the wheel bounced into the eastbound Lane and slammed into the bus Windshield. A fall of a sudden my tire was gone a Marin said. A after this happened ill never be the same. In a sorry for what happened but its not my  state trooper Benjamin Hollinger who investigated the Accident estimated the wheel weighed about 100 pounds. He said for some reason the left front wheel bearings disintegrated causing the Brake drum to snap off the Axle. A it was really a Freak Accident a Hollinger said. A a it a very Seldom that you see a tire Fly like that and do that kind of  Rachel Pratt 69, who was injured in the Accident remained hospitalized in critical condition tuesday at Jackson memorial Hospital. Pratt is a teacher who was accompanying the children on a Field trip. A 9-year-old girl injured in the Accident was hospitalized in stable condition in the intensive care unit of Miami children a Hospital. Omar Montejo a spokesman for Miami children a Hospital said Melissa Guzman suffered multiple Skull fractures in the Accident but was doing Well and was in stable condition tuesday. She underwent surgery monday. The wheel killed Robert Houck 9, and Alejandro Rodriguez 8. The boys were sitting in the front seat of the bus and died of massive head injuries. Hie bus that was hit was the second in a caravan which also included some cars containing parents who were chaperoning. The buses carried 97 people including the 47 children in the bus hit by the wheel. The bus was taking fourth graders from tropical elementary school to a downtown museum for a Field trip said Dade county schools spokesman Harry Fraind. Fraind said about 90 children were on two buses one of which continued on to the historical museum of Southern Florida initially unaware of the Accident. School officials took the children from both buses to hospitals to meet their parents and sent Counselor Ana psychologists to tropical elementary in suburban Southwest Dade county Fraind said. A the kids will have nightmares the rest of their lives a said Richard Galvin 49, a lifeguard and one of the parents. Galvins child was not Hurt but he rushed to the bus to see if he could help. He said he had to lift the truck wheel off Pratt. A fall we could do was elevate her neck to keep her airways Clear a Galvin said. A Florida Highway patrol officer Floy Turner consoles two pupils who were on the  War protester glad to be Home in Wisconsin Milwaukee a a Man deported to his native Ireland for raiding a selective service office and destroying draft files during the Vietnam War ended 18 years of exile with his return to Milwaukee. A i almost kissed the ground a Michael d. Cullen said after arriving monday at the Airport with his wife Netty and eight of their 12 children. A a in be had Many second thoughts a said Cullen 49. A the actions were highly motivated in a period of time of history in America. The Young people who had to go to War. We were All  Cullen a founder of a shelter for Milwaukee a homeless was arrested As part of the Milwaukee 14, protesters who in 1968 took about 4,000 files of men classified As ready for military duty and set them on fire. Cullen spent nine months in prison for his part in the incident and was deported in 1973. He was granted permission earlier this year to return. A even immigration officers in Minneapolis welcomed us Home a Cullen said. A a it a a great great  he said he plans to stay in Wisconsin. His wife a registered nurse has a Job at a nursing Home. A in 18 years we never lost our desire to be Here. This is really our Home even though there a Irish blood in me a Cullen said. A exile was fruitful for us and i Hope for  he and his wife opened a Catholic Retreat for teen agers amid ruins of a historic monastery in Ireland a county . Police chief seeks ban on assault weapons by the new York times new York a police commissioner Lee p. Brown appealed for a National ban on assault weapons saying that they were partly responsible for the rising homicide rate. A these Are weapons of War a Brown said monday. A they arc the preferred weapons of gang members made for killing As Many people As possible in As Short a time As  . Rep. Charles e. Schumer d-n.y., appearing with Brown said the proposed ban which is included in a Federal crime Bill to be voted on today in the House was estimated to be 15 to 20 votes away from being passed. Schumer and Brown appealed to members of Congress from the new York metropolitan Region to vote for the Bill the violent crime prevention act of 1991, because they could provide swing votes Schumer said. Schumer chairman of the House subcommittee on crime and criminal Justice said opposition to the measure from the gun lobby which has appealed for protecting Hunters rights was misplaced. A these weapons were manufactured to kill people in offensive wars a he said. A if you re a drug runner you la want one of these a Schumer said. A if you re a Hunter you  the government halted the importation of 43 types of semiautomatic assault weapons in 1988. Schumer said Domestic manufacturers had begun producing look alikes for weapons such As the israeli Uzi. New York City passed a Law against Possession of assault guns in the summer and it is in the process of being put into effect. Brown said police officers and Ordinary citizens were endangered by the wide availability of such guns