European Stars and Stripes (Newspaper) - April 3, 1992, Darmstadt, Hesse                                Friday april 3, 1992 the stars and stripes a Page 5u.s. Seeks right to Kidnap foreigner by the new York times Washington a the Bush administration argued before the supreme court on wednesday for the right to Kidnap foreigners and prosecute them in the United states for crimes committed abroad. The administration wants the justices to overturn lower court rulings that barred the trial of a mexican doctor Humberto Alvarez Machain for participating in the torture and 1985 murder of a . Narcotics agent Enrique Camarena Salazar. Alvarez was kidnapped from his Guadalajara office and flown to Elpaso Texas in 1990 by mexican Bounty Hunters who were seeking a $50,000 Reward that the drug enforcement administration had offered. Beyond its novel Legal aspects the governments Appeal presents a delicate Issue of International relations. The administrations position has infuriated the mexican government which has demanded the doctors return for trial in Mexico under an extradition treaty Between the two countries. A number of mexican diplomats attended the argument wednesday. Solicitor general Kenneth w. Starr represented the administration and Paul Hoffman Legal director of the american civil liberties Union of Southern California represented Alvarez. Under the extradition treaty neither country can be required to deliver its own citizens to the other. The United states never asked Mexico to extradite Alvarez. A . District judge in los Angeles ruled that the .-sponsored abduction had violated the treaty an supreme court ordered Alvarez returned to Mexico on the ground that the Federal courts had no jurisdiction to conduct the trial. The ruling was affirmed last year by the . Court of appeals for the 9th circuit. Starr told the justices wednesday that the extradition treaty Between the United states and Mexico a is a tool a a valuable tool but Only a tools that does not limit the governments Freedom to use other Means to pursue International terrorism or a Narco  Quot we certainly do understand the Point of View of the Jov emment of Mexico that its sovereignty was Vio ated a Starr said. But he added disputes like this a Are matters entrusted to the diplomatic  he said that a the Cost to society is simply too great for a Federal court to refuse to conduct a trial on the ground that the defendants presence was unlawfully obtained. Hoffman said the meaning of the extradition treaty was that a the United states is not free to Kidnap mexican  he said there was no doubt that the government sponsored abduction of his client violated International Taw As Well As the treaty. Hoffman said the administration s Legal position was based on a a blatantly bad Faith interpretation of the treaty. He added that a no one Woula argue that the treaty would permit mexican officials to come to los Angeles and Kidnap americans. With the exception of Justice Clarence Thomas every member of the court asked questions during the hour Long argument. It was evident that the justices found the Case both interesting and troubling. In another action wednesday the court unanimously rejected a constitutional Challenge to a Mobile Home Park rent control Law in Escondido Calif. Mobile Home Parks Are closely regulated under state As Well As local Law in California. A group of Park owners had argued unsuccessfully in the state courts that the regulations amounted to an unconstitutional a a taking of their property without compensation. In an opinion by Justice Sandra Day of Connor the court ruled that the regulations were not the equivalent of an actual a physical occupation of the land. In the stars and stripes 10 years ago april 3,1982 a Argentina invaded and seized the Falkland islands Britain a isolated Colony in the South Atlantic. Britain severed diplomatic relations and assembled a naval task Force to handle the crisis. 20 years ago april 3,1972 a spearheaded by tank columns the biggest North vietnamese drive since the 1968 tet offensive chewed up Large chunks of South vietnamese territory crushed two More bases and sent hundreds of government troops retreating in disarray. 30 years ago april 3,1962 a speaking to the Ohio National guard association it. Col. William e. Mayer an army psychiatrist stressed the need Jar childhood training on fundamental truths so that future soldiers can be prepared to withstand communist propaganda and brainwashing. 40 years ago april 3,1952 a with primary victories in Wisconsin and Nebraska sen. Robert a. Taft a Ohio regained ground in his Battle with Gen. Dwight d. Eisenhower for the Republican party nomination. Sen. Estes Kefauver of Tennessee won the democratic nomination in both states in the first primaries following president Truman decision not to seek re election. World War ii 50 years ago today 3 april 194 2 the japanese army launches its final offensive on the Bataan Peninsula in the Philippines throwing Back . And filipino defenders weakened by hunger and disease. In Burma a japanese air raid sets much of the City of Mandalay afire British troops continue to Retreat up the Irrawaddy Valley while chinese forces dig in at Pyi Mana to meet the japanese Advance teen trespassing killed by grenades on army base in his Knapsack Ayer mass. Apr one of two teen agers who trespassed onto an army installation was killed tuesday when a pair of grenades he apparently picked up exploded in his Satchel the army said. Eric Dudley 16, was in a wooded training area at fort Devens mass., when the explosion killed him said installation spokesman Phillip Morris. The base about 35 Miles Northwest of Boston is fenced and posted with warning signs. It was not immediately Clear How Dudley and Dale Leferman 18, both of nearby Lancaster got in Morris said. The area where they were a is not part of the Impact zone a Morris said. A it is not a Rifle Range. It is not an area where demolitions Are  a however fort Devens is 75 years old and Over that period of time no one knows exactly what went on in All areas so that could have been used for Dudley a weapons area years ago a he added. Another Post spokesman Alex Fletcher said wednesday that Dudley apparently picked up two grenades that Are normally fired by a Rifle. Officials believe the boy put the grenades in a Knapsack and then started running before they exploded he said. Gary Sanborne who lives near the installation said it was a common practice for kids around Here to go into fort Devens and pick up whatever they find you know to hang on their Wall a Needles Bullet shells  isolated jury considers Gotti s Fate new York apr an Anonymous jury in John gottis murder racketeering trial deliberated All Day wednesday without deciding whether the government on its fourth try made charges stick on the a Teflon  on wednesday morning the Man reputed to be americans most powerful mafia Boss dressed As usual in a Dapper suit and silk tie looked on confidently As . District judge i. Leo Glasser told jurors a you May begin your deliberations  the jury broke Only for lunch and dinner spending some of the Day listening to secretly recorded Fri tapes of Gotti and his associates. They worked until 8 . And were to resume deliberations thursday morning. It is gottis fourth trial since 1986, and he a won every time. But this time the government had his alleged unde Boss Salvatore a Sammy Bull Gravano As a Star witness and Fri tapes of conversations at gottis hangouts. In the seven weeks since opening arguments 38 prosecution witnesses offered a stunning amount of evidence against the reputed Boss of the Gambino organized crime family the nations most powerful mafia Syndicate. Gotti 51, and Frank a Frankie Locso Locascio 59, Are on trial in . District court in Brooklyn. The charges against them include murders loan sharking gambling and tax fraud. If convicted of the most serious charges they would face life in prison. Gottis attorney Albert Krieger called Only one witness a a tax adviser who had told Gotti not to file Federal tax returns because he was constantly under investigation or on trial. Gotti was not the Only alleged mob Boss under fire wednesday. Federal officials announced the arrest of reputed Colombo family Boss Victor a Little vice Orena and mob associate Pasquale a a Patty Amato. Both were charged with murder and murder conspiracy in the nov. 13, 1989, slaying of Thomas c. Ocera whose attempt to take control of the organization ignited a bloody turf War in Brooklyn this year authorities said. Gotti is described by authorities As a career criminal who ascended to the mob leadership by orchestrating the slaying of his reputed predecessor Paul Castellano outside a Manhattan Steakhouse in 1985. Law enforcers say Gotti has since raked in millions of dollars through his control of illegal gambling operations crooked labor unions and other schemes. As a younger Man Gotti served time on various charges including car theft grand larceny and attempted manslaughter. But three trials since 1986 have resulted in no convictions. The jurors in the latest Case were never identified and spent the entire 10-week trial sequestered at an undisclosed hotel. Welfare cuts in Ohio spark demonstrations Urce 2194 Days of War w h. Smith Oshers inc. World almanac Book of world 3r ii Bison books corp. 19a1 a Columbus Ohio a welfare benefits for More than 100,000 people in Ohio expired wednesday prompting about 400 ohioans to demonstrate at the statehouse to have the Cut benefits restored. Gov. George Voinovich the target of the demonstration said he would hold firm on the cuts. But he appeared drained and seemed to fight Back tears As he took reporters questions about the demonstration. A this governor cares. In a doing the Best i can a he said his voice breaking. Several demonstrators staged a sit in at Voinovich a office after the main rally broke up. Four were arrested when they stayed past a police imposed 6 . Deadline police said. Welfare benefits also expired wednesday for at least 40,000 single Able bodied people in Illinois no demonstrations were reported there. Massachusetts Maryland and Maine also have Cut their general assistance programs. Voinovich blamed Ohio a cuts on what he called a $1.5 billion budget deficit inherited from the last administration. He cautioned that the states fiscal condition remains critical and More cuts May be necessary to eliminate a projected deficit of $575 million or More Over the next 15 months. The cuts limit general assistance recipients to six months of benefits each year. An initial 106,000 recipients were Cut off wednesday. Others will leave the Rolls monthly As their six months of benefits end