European Stars and Stripes (Newspaper) - March 27, 1992, Darmstadt, Hesse                                Friday March 27, 1992 the stars and stripes a Page 7u.s. Judges kept from state child cases the decision. A this is pretty appalling. It Means that the most defenceless people in our society a abused children a Nave no right to go into Federal court no matter How supreme court egregious the state program is a said James d. Weill an attorney for the children a defense fund. The Case arose in 1988 when child car advocates in Chicago charged that the Illinois child protective service was lax in protecting abused children. Specifically they said the Agency failed to assign Case workers to Monitor children abused at Home. They filed the suit on behalf of a group of abused children against sue Suter the director of the Illinois department of child and family services. The suit re lied on the adoption assistance and child welfare act of 1980, which obliged the state Agency to undertake a reasonable efforts to protect abused children in their Homes or if necessary to find Foster care for them. Based on this Law a Federal judge in Chicago ordered suters Agency to assign a Case worker to a child within three Days of the time he or she was reported As abused. On a 2-1 vote a . Appeals court upheld this decision calling it an example of the a reasonable efforts Quot demanded by the 1980 Federal Law. But officials from 28 other states joined by the Bush administration urged the supreme court to reverse that decision and remove Federal judges from enforcing the Law. If problems arise state juvenile courts or officials of the department of health and human services can Gross injustices after 17v2 years Clarence Chance is congratulated by his Mother peaches Mcbride. Benjamin Powell rejoices with his sister Mischell Powell. From wire reports Washington a in a setback for child care advocates the supreme court ruled wednesday that Federal judges have no Power to Force states to improve their care of abused and neglected children. The 7-2 decision Means that child care activists cannot file class action suits in Federal court demanding improvements in state or local programs for abused children. Speaking for the supreme court chief Justice William h. Rehnquist said that a 1980 Law designed to Aid state agencies in protecting abused children did not give these children an a enforceable rights to Quality care. Rather Congress a left a great Deal of discretion to state and local officials in How they carry out the $1.5 billion a year program Rehnquist said. Child care activists reacted angrily to judge cites frees 2 men los Angeles apr two men imprisoned Al h years on charges of murdering a Deputy sheriff were freed wednesday by a judge who said false evidence was used to convict them. The judge apologized for a Gross injustices the men suffered. Prosecutors had joined defense lawyers in seeking Freedom for the men saying los Angeles police coerced witnesses and suppressed evidence. Police denied those charges wednesday and said they still believe the men Are guilty. In an emotional courtroom scene Superior court judge Florence Cooper ordered Clarence Chance 42, and Benjamin Powell 44, released immediately. Family members embraced the men amid cheers and tears. A a in a very very Happy. In a overwhelmed a Powell said As he sorted through a stack of family snapshots. A weeping Chance said a a it a  the men were convicted in 1975 of murdering off duty Deputy David Andrews. He was gunned Down dec. 12, 1973, in what police said they believed was a robbery attempt. They were sentenced to life in prison. Police said in a statement wednesday that one witness who said she observed Chance fleeing the scene a remains firm in her conviction  but three witnesses have recanted their incriminating testimony. A i absolutely believe they Are guilty. I think it is a travesty they will become Folk heroes out of this a said it. William Hall one of two detectives in charge of the investigation. Chief Daryl f. Gates also defended the investigation. A to say there was a Frame up by detectives is absolutely and completely false a Gates who Wasny to involved in the investigation but was a ranking police official at the time told a news conference. In an unusual move District attorney Ira reinerus office recently joined the defense motion to have Chance and Powell released and the convictions wiped off their records. A these men had an unfair trial. We have no reason to believe they committed the crimes a said Deputy District attorney Peter Bozanich. A a it a been Clear to us for the last couple of weeks that this was not a proper  Cooper said due process was violated a by the introduction into evidence of false evidence that was substantially material on the Issue of  the judge acknowledged that the years the men spent in prison can to be returned to them but said she hoped they  be bitter and angry. A on behalf of the people of California and the criminal Justice system in particular i offer to each of you gentlemen our sincere apologies for the Gross injustices perpetrated in these cases a Cooper said. Defense attorneys contended the men were framed by overzealous detectives. Barry Tarlow who represents Chance said the Case a confirms that the greatest danger to the individual rights and liberties of every citizen is from misguided zealots in Pursuit of a righteous  Powell a attorney Sandra e. Smith said in court papers that her client was convicted because officers were More concerned about a their own reputations for Clearing  Reiner said earlier that police held Back information that could have helped acquit the men. Demand changes the administration said. The supreme court agreed wednesday. If Congress intends to give persons a right to sue in Federal court it should say so a unambiguously Quot Rehnquist said from the Bench. In other action the court a upheld the right of Congress to temporarily bar Legal challenges to logging in the habitat of the threatened Northern spotted owl. The 9-0 ruling could permit some 16 Pacific Northwest Timber sales Worth More than $30 million to the Industry and the Federal government. The sales were allowed under a 1989 Law that has since expired. A bolstered the authority of Amtrak the National passenger Railroad to Force private freight railroads to sell portions of their track. Robber finds his mistake is open and shut Case from wire reports Chicago a the first Rule of being a successful Bandit is make sure the getaway car is unlocked. A Man who forgot that Rule had to lice on foot and dropped the $39 he had taken from a store  Bandit entered the store just before 6 a.m., displayed a gun and demanded Money police it. William Boroczky said. The robber got the Money and fled just before off duty Deputy Harold Thompson happened to enter the store. Thompson spotted inc suspect and gave Chase following him into an Alley where the Bandit found the doors to his stolen getaway car locked. Thompson fired a shot scaring the thief into dropping his gun which turned out to be a starter pistol and the Cash before escaping on foot Boroczky said. Cigarettes dropped Orange Park Fla. After 32 years of Selling cigarettes the owners of a pharmacy have decided to quit cold Turkey. A when you see your customers dying of lung cancer and emphysema. You Start thinking about it a said Robert Allen vice president of atkinsons pharmacies in this Jacksonville suburb. The pharmacy sold about 200 Cartons a week Allen said. Walter Merryman spokesman for the american tobacco Institute said he has heard of a couple of other Small pharmacies that have Given up tobacco sales. Prosecutor sentenced St. Louis a the City Stop prosecutor decided wednesday not to run for re election because he was caught in the kind of prostitution sting operation he advocated. Circuit attorney George peach pleaded guilty last week to a charge of patronizing prostitution and was sentenced to one year of unsupervised probation. Authorities said peach using an alias arranged to meet an undercover policewoman in a hotel room March 10 and offered her $150 for sex. A events of the past few weeks Tell me in a a flawed candidate a peach said in a statement. A i blame no one other than myself for my  peach 49, was elected to his Job in 1976. He relentlessly attacked video stores that rent a rated movies and strongly supported stings against prostitution. Man held in aids cases los Angeles a police arrested a 35-year-old parolee in a series of robberies in which a Man terrorized merchants with a syringe he claimed was filled with aids tainted blood police said wednesday. Wesley Pledger 35, was picked out of a police lineup tuesday by at least four robbery victims authorities said