European Stars and Stripes (Newspaper) - May 6, 1992, Darmstadt, Hesse Wednesday May 6, 1992 the stars and stripes a Page 5prosecutors May withhold some evidence us promo cout i by Lyle Denniston the Baltimore Sun Washington a Federal prosecutors trying to persuade a grand jury to Issue criminal charges May hold Back evidence they have that shows the suspect committed no crime the supreme court ruled 5-4 monday. In a decision that the dissenters said would allow grand jurors to be a intentionally misled into issuing a a wrongful indictments the majority declared that Federal courts have no Power to define the proper conduct of . Prosecutors in dealing with grand juries. Since grand jurors have no binding duty to consider evidence that would be favourable to a target of their investigation a we do not understand How the prosecutor can be said to have a binding obligation to present it a the majority declared in an opinion written by Justice Antonin Scalia. If Congress wants to limit the Way prosecutors carry on their part in grand jury probes it is free to do so the majority said but Federal judges cannot do that because they have Only a a very limited authority to fashion procedures before those juries. The supreme court ruled 29 years ago in Brady is. Maryland that prosecutors who know favourable things about a person facing a criminal trial have a constitutional duty to disclose that to the defense before trial upon request. The new ruling however deals with the situation before any criminal charges have emerged when a grand jury is still probing a potential charge. The decision excusing prosecutors from any duty to disclose evidence of innocence came in . Is. Williams. It was one of two significant rulings on criminal Law that a closely divided court issued monday before beginning a two week recess. In the second 5-4 decision overruling a 29-year-old precedent the court sharply restricted the Power of Federal judges to consider a claim that the key facts were left out of a state criminal Case. . Judges Are not to hear that kind of complaint unless the convicted individual can prove that the defense lawyer had a valid excuse for not bringing out the facts in the state proceeding the majority ruled in Kenney is. Tamayo Reyes. The Case involved a cuban immigrant living in Portland ore., who claimed that he pleaded a no contest to a manslaughter charge because his limited use of English kept him from learning fully what his plea meant. The court s More significant ruling in the other Case will revive a grand jury a indictment of John h. Williams jr., a Tulsa okla., businessman on charges of defrauding a Bank by using false statements and misstating his assets in order to qualify for Loans. Williams contended that prosecutors were aware of evidence that showed Williams had no intention to commit fraud because his actions were based upon a proper method of business bookkeeping. Under a 1987 decision by a Federal appeals court a ruling that has been binding in six Western states Federal prosecutors have a duty to put before grand juries All a a substantial evidence that would tend to show the suspect was innocent. Since the prosecutors did not share with the grand jury the record keeping evidence that was favourable to Williams the grand jury indictment was thrown out. Scalia a opinion in the Williams Case was supported by chief Justice William h. Rehnquist and by justices Anthony m. Kennedy David h. Souter and Byron r. White. Justice John Paul Stevens dissenting opinion was supported by justices Harry a. Blackmun Sandra Day of Connor and Clarence Thomas. In the s Tams and St hit s 10years ago May 6,1982 a a nato study of the military capability of Warsaw pact forces indicated that the military scale had tipped in favor of the soviet bloc nations in Europe during the past 20 years.20 year Sago May 6,1972 a the Pentagon opened the possibility that marines might be returned to South Vietnam to protect american support forces if the forces were threatened by the. North vietnamese.30 years ago May 6,1962 a Western allies approved a far reaching . Plan to share atomic secrets and bolster their defences. President Kennedy assigned five missile bearing Polaris submarines to defense roles within the Atlantic Alliance although the subs would remain under . Control.40 years ago May 6,1952 a Gen. Dwight d. Eisenhower retiring commander of supreme Headquarters Allied Powers Europe bid Farewell to troops in Italy voicing his a Complete conviction that nato Powers would be Able to maintain world peace. Wohl d War i 50 years ago too a 6 may194 2 after a Day of fighting on tiny Corregidor the 15,000 american and filipino defenders surrender the Island fortress in Manila Bay to the japanese. Elsewhere in the Philippines the japanese renew their offensive on Mindanao capturing Takulan. Chinese troops defending Tau Ngoyi in Central Burma Are ordered to fight their Way through surrounding japanese toward the North. Be 2194 Days of War w. H. Smith Fishers inc. World almanac Book of world ii Bison books corp., 1961 a Veteran entertainer George Murphy who served As senator Dies at 89 Palm Beach Fla. A George Murphy a longtime Broadway and Hollywood song and dance Man who served a single term in the 1960s As a . Senator from California has died of leukaemia. He was 89. Murphy who died sunday evening at his Palm Beach Home made 55 movies in the 1930s, �?T40s and 50s, appearing opposite such stars As Shirley Temple Gene Kelly and Ronald Reagan. Among his Best known films were 1943�?Ts this is the army with Reagan and the composer Irving Berlin 1938�?Ts Little miss Broadway with Temple and 1943�?Ts for me and my Gal with Kelly and Judy Garland. A i did my very first motion picture with George Murphy a Kelly said. A the was one of the Ola Mem gang and a Fine gentleman Murphy and Reagan were longtime friends. At Reagan a 1967 inauguration As californians governor Reagan turned to Murphy on the Steps of the state Capitol Ana accepted Murphy a congratulations with the line a Well Here we Are on the late show again born in new Haven Conn., on july 4, 1902, Murphy i Nom a a ran away from Home at age 15 to join the Navy. He later returned Home finished High school and entered Yale University in new Haven Conn. He dropped out in his Junior year. He began dancing in nightclubs a Short time later. He Murphy reached Broadway in 1927 with Julie Johnson his partner and later his wife. She died in 1973. The couple appeared in six Broadway shows including of thee i sing anything goes and Roberta. Murphy made his film debut in kid millions in 1934. His Early roles were mainly As a Happy go Lucky Singer dancer in musicals but he gradually moved into straight dramatic roles. In 1950, he received a special honorary Oscar for career achievement. A former Democrat Murphy became a Republican in 1939 and grew Active in politics. He served two terms As president of the screen actors Guild. He retired from films in 1952 and worked As a motion picture executive. He was elected to the Senate in 1964 in his first bid for political office defeating Pierre Salinger former press Secretary for president Kennedy. Salinger later became a television correspondent. Murphy lost his re election bid in 1970 to then rep. John Tunney son of former heavyweight Champion Boxer Gene Tunney. Murphy a Campaign was hampered by a Throat operation for cancer that left his voice a Raspy whisper. A they used to complain i was just a song and dance Man a Murphy joked at the time. A now they complain that i can to after leaving political office Mut joined the Washington consulting Hill amp Knowlton and later started his own consulting business. His autobiography say a did no to you used to be George Murphy was published in 1970. Survivors include his wife Bette his son Dennis his daughter Melissa and four grandchildren. A funeral mass is set for Friday. State senator s gun stunt backfires Hartford Conn. A a state senator whipped out two handmade guns from under his desk and pointed one at the lieutenant governor monday in the midst of a debate on a gun control measure. The gun was empty and no one was Hurt. Three police officers were called to the chamber and confiscated the weapons from Republican sen. George Gunther. Some witnesses said Gunther pulled the trigger on one gun but the lawmaker said he did no to. The Senate was debating a measure that would create a gun amnesty program allowing people to hand Over cheaply made weapons known As saturday night specials. Individuals would be paid $25 to $50 for each weapon turned Over. Gunther who voted against the measure said it would encourage people to make their own weapons and turn them in for the Money. He said the weapons he pulled monday had been Given to him Long ago by police officers to press their Point that handmade guns should be outlawed. A i can assure you it be loaded a he said of the guns. It. Gov. Eunice Groark who presides Over the Senate said she found the incident a very meanwhile the measure was approved 24-11 and sent to the governor. 17-year-old gets life for killing 2 boys Virginia Beach a. A a teen Ager whose lawyers claimed was controlled by an imaginary troll like character when he murdered two Young boys was sentenced monday to life in prison. Shawn Paul Novak will be eligible for parole in about 25 years. He had faced a possibility of execution in Virginia a electric chair but circuit judge John k. Moore said he was convinced that the crime committed when Novak was 16, was the act of an a immature and very disturbed Young Novakos attorney Richard g. Brydges said he will Appeal. Novak now 17, was convicted March 9 of murder in the March 1991 slayings of Daniel Wayne Geier 9, and Christopher Scot Weaver 7. The boys were found slain in Woods next to a Navy housing Complex where they and Novak lived. The victims parents left the courtroom without commenting. The prosecuting attorney Robert Humphreys said he had no problem with the judges decision although he had asked for the death penalty. Novakos parents asked Moore to spare their songs life. A Shawn has tried to protect us a said his Mother Jenny Novak. A the puts a smile on his face and tries to say anything that will be encouraging and
