European Stars and Stripes (Newspaper) - December 11, 1991, Darmstadt, Hesse                                Page 4 a the stars and stripes wednesday december 11 a a 1991smith taking stand on Damnable lie Jean Smith Mother of William Kennedy Smith testifies briefly at her songs trial. By Christine Stapleton Cox news service West Palm Beach Fla. Tuesday was William Kennedy Smiths turn. More than eight months after a Jupiter woman charged that he raped her at the family a Palm Beach estate a with an apparent guarantee that he wont be asked about previous sexual assault allegations a Smith was giving his version of what he Calls a a Damnable  defense attorney Roy Black ended speculation about whether Smith would testify when he asked circuit judge Mary Lupo late monday for a definitive ruling on the allegations of three women who said Smith had attacked them. A a. We want to make sure the state can to open the door on Cross examination and enter evidence the court has ruled irrelevant a Black said. The wrangling Over Smiths testimony came moments after Smiths Mother Jean Smith testified briefly that her second floor bedroom windows were open the night of the alleged attack and she heard no screams. Other Kennedy family members in court monday were Michael Kennedy and Bobby Kennedy jr., sons of the late sen. Robert f. Kennedy. Bobby a wife Emily also attended. Smiths accuser said she screamed As Smith raped her on the Lawn of the Ken Nedy estate on March 30. Since then three other women have come Forward and said Smith also attacked them. Lupo ruled dec. 2, on the first Day of the trial that prosecutors cannot Call the women to testify. Smiths attorneys remain worried that As prosecutors Cross examine Smith his non violent character May become an Issue possibly opening the door to questions about the three alleged attacks. Among 14 witnesses called by Smiths attorneys during the first two Days of their presentation were the husband and wife prosecution team of Stephen and Carol Barry who testified monday that their second floor windows also were open at the estate and that they heard no screams the night of the attack. On Cross examination the barrys both assistant District attorneys in new York City said they realized they were present during an alleged crime but did not Call Palm Beach police to Tell them what they knew. Instead they told their Boss District attorney Robert Morgenthau. On april 16 a More than two weeks after the woman reported the rape a Morgenthau called state attorney David Blud Worth and told him the barrys were at the estate. A i did no to think it was my Dufy or role to Contact the Palm Beach police department a Stephen Barry  upholding military ban on Gays assailed by Pete Yost the associated press Washington a Gay rights advocates Are condemning a judges decision upholding the Pentagon a ban on homosexuals in the military while a conservative group says the ruling strengthens the nations defense. . District judge Oliver Gasch declared monday that the armed forces must have the Power to ban homosexuals if they Are to protect soldiers and sailors from aids. Joseph c. Steffan a former naval Academy midshipman who acknowledged he was Gay had challenged the longstanding defense department policy As unconstitutional. But the policy Quot of excluding homosexuals is rational and does no to violate the equal Protection clause of the fifth amendment Gasch wrote in a 35-Page opinion. The regulation Quot is directed in part at preventing those who Are at the greatest risk of dying of aids from serving in the Navy and the other armed services a he said. And it promotes Quot discipline morale. A respected system of rank and command. Morality and respect for the privacy interests of both officers and the enlisted a Gasch added. Quot we find the decision distressing but not a big Surprise a said Paula Ettelbrick of the Lambda Legal defense and education fund a Gay rights group in new York that represented Steffan. She noted that Gasch three times at a hearing referred to Steffan As a  Gasch said the fact that he used the word does not mean he is biased against Hondo sexual. Gasches ruling will be appealed to a Federal appeals court Ettelbrick said. The Rev. Lou Sheldon chairman of the traditional values coalition a National organization representing 8,000 conservative churches praised Gasches decision As a fair to the military and Good for the nations  people a engaged in homosexual behaviour have rights As individuals but practising such behaviour in the military generates obvious unnecessary problems a Sheldon said. A we look Forward to ensuring that the Issue is debated during the presidential Campaign a said Gregory King of the human rights Campaign fund a 35,000-member Gay advocacy group. He called the decision  Steffan was in the top 10 percent of his class and was slated for duty on a nuclear submarine when his naval Academy superiors Learned of his sexual orientation a few months before his scheduled graduation in 1987. He resigned but later sued. There was no evidence in Steffanus Case that he had had sex relations with anybody male or female. But unless Steffan made some commitment to celibate living a the presumption must be that he a could one Day have acted on his preferences in violation of regulations a Gasch wrote. A the Power to protect the armed forces from venereal disease is ample to sustain the Power to protect them from what is now known to be a fatal and incurable virus the his a or human immunodeficiency virus which causes aids. Steffan argued that Gay men and women constitute a a a suspect class of politically powerless people who Are entitled to have the Pentagon regulations subjected to heightened scrutiny. Gasch disagreed. A homosexuals As a class enjoy a Good Deal of political Power in our society. It is beyond doubt that the homosexual Community has been Able to reach out and gain the attention of politicians of All sorts a the judge declared the Pentagon had no immediate on Gasches ruling spokesman Blob Hall said. A dragging its feet court says by the Washington Post Washington the 2-year-old . Court of veterans appeals has sharply criticized veterans affairs Secretary Edward j. Derwinski for failing to implement promptly some of the courts decisions and hinted that it May Fine his department or discipline its lawyers for future lapses. The court ruling in a Case of two veterans who had been incorrectly told they could not pay lawyers to present their claims for benefits stopped Short of holding senior a lawyers in contempt. But the three judge panel warned the a in a 21-Page ruling that its a patience is not limitless and that the department must promptly implement its rulings. Robert e. Coy the vans acting general counsel had conceded during Oral arguments that the department was ill prepared for the Impact of having the seven member court review its benefits decisions. A we have been slow to react Quot Coy told the court. A it is just like an Ocean liner. It has been very difficult and frustrating stopping it and getting started in another  judge John j. Farley Iii writing the majority opinion said he found the Ocean liner analogy a a particularly Apt one for the a whose benefits decisions Are initially made at offices in each state. A arduous As it May be Ocean liners do change course on the High seas a Farley said. A the decision to initiate a change however does not come from the engine room or the radio room from the ships Purser Engineer or doctor. On the contrary the order to change course comes from the top the Captain on the  despite assurances of compliance with a previous order in the same Case Farley said the court could find Only belated evidence that a a decision was made at the top a at the secretarial level a to change the course of the department of veterans affairs and comply with the courts rulings. The judges were irritated because a lawyers had offered assurances that the department was no longer telling veterans that they were barred by a civil War Era Law from paying a lawyer More than $10 to represent them. That Law was re sealed when the court was created and awyers in the Case were complaining a second time that their clients were warned by the a about employing lawyers to represent them. A spokeswoman Donna St. John said the department agreed a that there has been a problem with communications to the  she said the department has taken Steps to give Field offices guidance on court rulings within five Days of an opinion. Derwinski has been critical of the courts rulings claiming that it too often refers cases Back to the a for further review instead of directly ordering a  Boot stylists putting on the dog Vail Colo. Apr the fur trim on some of the most popular boots sold at ski resorts this season Isnit Rabbit or Fox. Its Pooch. The fur is imported from China where dogs Are eaten. It comes in Many different types and colors providing a a Nice fashion trim and unique individual styling a and is a popular item in the Tec Nica line said company production manager Peter knights of West Lebanon . Terry lame of t. Lame sport Mode in Vail said that if customers ask they Are told of the fur Content. A if they object they done to have to buy it and id say very few people object a he said. The dog fur is used in boots worn after skiing