European Stars and Stripes (Newspaper) - April 29, 1992, Darmstadt, Hesse                                Wednesday april 29, 1992 the stars and stripes a Page 5protection in contempt cases under review Washington apr the supreme court agreed monday to decide whether someone sentenced to prison for defying a judges order also May be criminally prosecuted for the conduct that led to the contempt order. The justices said they will use a pair of cases from the District of Columbia to decide what Federal prosecutors say is an important question about the scope of so called double jeopardy protections. A capital City court last year barred criminal prosecutions for deadly assault and Possession of cocaine because the two defendants already had been convicted of contempt of court for that same conduct. Part of the constitutions fifth amendment says no one should be a subject for the same offence to be twice put in jeopardy. A in other actions the supreme court a refused to revive an invasion of privacy lawsuit Over a photograph that a Kentucky newspaper published after a gunman a rampage left nine people dead. A asked the administration to respond to an appeals court ruling that limits the Power of states to enforce Railroad safety regulations. In the double jeopardy cases the District of Columbia court of appeals ruled that forcing Alan Dixon and Michael Foster to stand trial would violate their constitutional rights because each previously had received contempt of court prison sentences for the same conduct. Dixon was arrested in 1987 on a charge of second de Gree murder. As a condition of his release on pretrial bail Dixon was told he could not commit any crime. In Early 1988, while awaiting trial on the murder charge Dixon was indicted on a charge of possessing cocaine with intent to distribute. Dixon was convicted of criminal contempt for violating the conditions of his pretrial release and was sentenced to six months in jail. He then tried to have his cocaine indictment dismissed arguing that being criminally prosecuted on that supreme court charge would violate his double jeopardy Protection. A Federal trial judge agreed and dismissed the indictment. Fosters estranged wife obtained a Protection order against him in 1987, alleging that he had abused her repeatedly. The court order said Foster had to stay away from his wife and her Mother for a year. He was convicted of contempt and sentenced to 600 Days in prison for having violated that order by conduct that included two assaults against his wife with intent to kill. About two weeks before his 1988 contempt trial Foster was indicted for assault with intent to kill a charges based on the same conduct that constituted his contempt of court. Foster sought to have the indictment dismissed but a Federal judge refused. Consolidating both cases the court of appeals said neither Man should have to stand trial. The lower court relied heavily on a 1990 supreme court decision that expanded double jeopardy rights. In that 5-4 ruling in a Case called Grady is. Corbin the court said a Motorist who pleads guilty to Drunken driving and related traffic offences in a fatal car crash May not be prosecuted later for homicide and assault. A the double jeopardy clause bars any subsequent prosecution in which the government to establish an essential element of an offence charged in that prosecution will prove conduct that constitutes an offence for which the defendant has already been prosecuted a the court said in its 1990 decision. In the Appeal acted on monday Bush administration lawyers argued that the lower court misinterpreted the 1990 decision. A if Correct the court of appeals ruling would threaten the ability of state and Federal courts to enforce compliance with their orders through the contempt Sanction a the Appeal said. The administration lawyers said that if the appeals court did not misinterpret Grady is. Corbin the justices might want to a reconsider the reasoning and result in that  two of the five justices who made up the courts majority in the 1990 decision a William j. Brennan and Thurgood Marshall a have since retired. The Case is . Is. Dixon 91-1231. In the stars and stripes 10years ago april 29,1982 a the presence of major British warships including the aircraft carriers Hermes and invincible gave credence to reports from London and Buenos Aires Argentina that Britain could launch a strike against the Falkland islands within 48 hours. 20years ago april 29,1972 a troops of four North vietnamese divisions spearheaded by Large columns of tanks smashed through South Vietnam s northernmost defense line and sent government forces reeling toward Quang tri to the south.30 years ago april 29,1962 a president Kennedy signed legislation authorizing $12,969,300,000 for military equipment during the fiscal year starting july 1.40 years ago april 29,1952 a Gen. Matthew b. Ridgway . Commander in Korea and commander in chief of . Armed forces in the far East was appointed to succeed Gen. Dwight d. Eisenhower As supreme Allied commander Europe. Ruling upholds record damages for disease from breast implants san Francisco a a Federal judge on monday upheld a record $7.34 million damage award to a woman whose silicone breast implant ruptured ruling there was ample evidence the rupture caused her to contract a painful disease. Dow Corning corp., manufacturer of the implant had asked for a new trial arguing that evidence failed to prove silicone was an established cause of the immune system disorder suffered by Mariann Hopkins. The company also said $6.5 million in punitive damages was excessive. Chief . District judge Thelton Henderson ruled that medical testimony by Hopkins witnesses supported the jury verdict. He scheduled a hearing in june to decide whether Dow Corning would have to pay the damage award before the company a expected Appeal of the Case was resolved. The verdict last december the largest Ever in a breast implant lawsuit prompted a surge of breast implant lawsuits. It also spurred a Federal investigation into the safety of the devices which have been used by 2 million women nationwide in the last 30 years. Armed with internal company documents that surfaced in Hopkins Case the food and drug administration ordered a temporary halt to silicone gel implants last january and has since placed severe restrictions on implants for cosmetic purposes which have made up so percent of All implants nationwide. Hopkins 48, of Sebastopol had silicone gel devices implanted in 1977. Both her breasts had been removed in 1976 following a diagnosis of potentially cancerous tutors. She was diagnosed in 1979 with a disease called mixed connective tissue disorder which causes swelling and severe pain. Hopkins said she can no longer hold a Job and has been in and out of the Hospital for 15 years. The jury found that the implants had caused Hopkins disease and were designed and manufacturer with defects. Sex chief accused of ordering funds world War 50 years ago today 29 april1 .9.4.2 japanese troops capture Lashio in Eastern Burma blocking the Burma Road and cutting the last land route to nationalist chinese forces in China More japanese troops land on Mindanao in the Philippines to help crush the remaining defenders in new Guinea the japanese prepare for an amphibious attack on port moresby on the Southern Side of the Island North of Australia. Detroit a the City a former police chief was so corrupted by Power be stole $2.6 million from a secret police fund As easily a was ordering a Sandwich a a prosecutor said monday in closing arguments. A the chief could have burned the Money and nobody would have known the difference a assistant . Attorney Craig Weier said. A there Are no  William Hart served for 13 years As chief of the nations fifth largest City police Force. He is charged with embezzling $1.3 million from a secret police fund and authorizing payments totalling another $1.3 million to phony corporations controlled by the former civilian Deputy chief Kenneth Weiner. Weiner pleaded guilty and is serving a Federal prison sentence. He did not testify against Hart in the three month trial at which More than 100 witnesses a Hart geared. Closing arguments ended monday. . District judge Paul Gadola said jurors were to begin deliberations tuesday. The prosecutor said Hart 68, had Complete control Over the departments secret fund which was intended to pay informants and finance under cover drug purchases. Stealing the Money was a was easy As ordering a Sandwich from a local Delicatessen a Weier said. A the could order up checks for $40,000 to  but defense attorney Thomas Cranmer dismissed Weiers argument As a the Sud Den corruption  a a that a the governments theory that after Over 30 years of dedicated work in Law enforcement a that overnight he becomes corrupt a Cranmer said in his closing. Cranmer described Hart As an honest but inept administrator who was baffled by paperwork and betrayed by subordinates. A if that was a crime i think a third or half of corporate America would be in jail a Cranmer said. Witnesses included retired patrolman Robert Cudini who said that while he was doing remodelling work at Harts Home a package containing $20,000 fell through the ceiling and hit him on the head. A you found my poker stash a he quoted Hart As saying. Three women testified that they had affairs with Hart and that he lavished them with expensive trips and gifts such As fur Coats and electronics equipment. 15 Hurt by toxic fumes at electric car race source 2194 Days of War w. H Skiffi a publishers inc world almanac Book of world War ii Bison books corp 1981 Phoenix a a race held to promote electrically powered cars was halted when a toxic chemical leaked from one cards Battery. The Driver of the defective car and 14 other people were taken to a Hospital after breathing fumes. Driver James Worden remained in serious condition monday at Good Samari Tan medical Center after sundays incident at the solar amp electric 500 race at Phoenix International raceway. The others were less seriously Hurt. The Battery in Worden a car leaked Zinc Bromide releasing fumes that caused breathing difficulties. The incident occurred during a race that was to go for about 120 Miles or two hours whichever came first. The race was stopped after about one hour and 45 minutes because of the leak. Worden 25, of Arlington mass., was declared the Winner because he led through 91 laps before the race was stopped