European Stars and Stripes (Newspaper) - May 9, 1992, Darmstadt, Hesse                                Page 10 the stars and stripes saturday May 9, 1992 v corps Law chief called irresponsible by Randy Pruitt staff writer the civilian attorney of an officer acquitted last week of killing his wife has accused v corps top lawyer of being irresponsible by bringing a premeditated murder charge against his client. Dan Hyatt a lawyer from Portland ore., also accused col. Steve Lancaster the staff judge advocate of v corps of refusing to consider evidence that surfaced following an article 32 investigation of 1st it. Christopher Strain. That evidence could have altered the charges Hyatt said. A v corps spokesman said Lancaster would respond to Hyatt s claims. Strain 28, was charged with the aug. 26, 1991, killing of Cathlyn Brewer Strain 26, with a 12-gauge Shotgun inside their off base apartment near Hanau Germany. A five member court martial panel acquitted the 10-year army Veteran following a seven Day trial in Hanau. The trial involved travel by prosecution and defense lawyers to both . Coasts to obtain videotaped depositions. Hyatt asserted that Lancaster ignored article 32 investigation findings that recommended a charge of involuntary manslaughter be filed. Quot Given the Lack of evidence As to 1st it. Strains intent i Felt it extremely unlikely that premeditation existed or could be proven by the government Quot wrote it. Col. James r. Koch the investigating officer who conducted the article 32. Under military Law an article 32 parallels a grand jury investigation. Koch after listening to three Days of testimony last november concluded in the article 32 report that Quot the charges and specifications Are in the proper form. The government barely produced minimum evidence which would indicate premeditation on the part of 1st it. Strain. Koch an artillery officer now stationed at fort drum n.t., stated that the evidence warranted a charge of involuntary manslaughter instead. Hyatt citing trial costs that he said will exceed $250,000, claimed that filing the charge of premeditated murder constituted an irresponsible exercise of Power by Lancaster and capt e. Allen Chandler who was the chief prosecuting attorney. Hyatt accused Lancaster of failing to consider new evidence that included a testimony from two blood spatter experts that proved Brewer Strain was shot in the bathroom of the couples apartment the bedroom As the government believed. Hyatt said the experts originally hired by the government for $25,000, were never called to testify by the prosecution. A answers from Strain to 35 additional questions posed by the criminal investigation come. A a letter from Carla Mere Brewer Strain s Mother outlining her daughters psychological history which included a stay in a mental Ward. She said her son in Law loved her daughter and would have killed her. Quot the idea of pre meditation is so preposterous As to even be worthy of comment a she wrote. Strain has said that he found his wife in the bathroom cutting her neck and Abdomen with a knife and that the Shotgun was lying nearby. He said that when he tried to remove the Shotgun his wife grabbed the barrel and put it to her Chest causing it to discharge. Hyatt said Lancaster would even look at the new evidence. A the refused to take them to the general v corps commander it. Gen. David m. Maddox and that was irresponsible a Hyatt said. A i think he a got a duty to the general to keep him appraised of continuing developments in the Case. That shows a real  Maddox was the convening authority in the Case. Quot in my 15 years of practice i Haven to seen a Case that was such a Gross overstatement of the charge a said Hyatt a Vietnam Veteran who specializes in military Law. Quot there is no More serious charge than premeditated murder and there was evidence to support  in the military a premeditated murder conviction carries an automatic sentence of life imprisonment. Under military Law a panel can find a defendant guilty of lesser charges even if prosecutors ask for a conviction for pre mediated murder Hyatt said. Although evidence pointed to accidental death Hyatt Saith charges of involuntary manslaughter or negligent homicide would have been responsible. May let troops be used As peacekeepers Brussels Belgium a the  allies Are nearing a decision to allow use of their soldiers As peacekeepers in european conflicts which would Mark an unprecedented change in policy diplomats said. It would reverse policy that has limited  forces to crises on Alliance territory and would give the 16-nation, Western military Alliance a new role in the Post cold War Era. The decision a which presumably could affect european policy toward the conflict in Yugoslavia a May come at a  foreign ministers meeting in Oslo Norway on june 4 and 5, the diplomats said wednesday. Diplomats said there was general agreement that troops of the North Atlantic treaty organization could be sent on peacekeeping missions mounted by the 51-nation conference on Security and cooperation in Europe. But they said extensive debate would still take place Over the practical details of providing troops Tor the Csc which seeks to keep peace and promote human rights in Europe and North America. Quot in principle there is a Strong disposition among the allies to to what they can to support Csc policies when they Are maae a said the . Ambassador to  William h. Taft in. He said the United states was a Well disposed toward the ideas that  resources should be available to the Csc though Many questions have to be answered before a final decision is made. France has expressed no objections in principle but wants More information about How it would work diplomats said. House oks trimmed budget Bill with funds for one More sea Wolf Washington a the House overwhelmingly approved legislation thursday that would trim $5.8 billion from this years budget while preserving one of two planned sea Wolf submarines that president Bush wants scrapped. The measure approved 412-2, could Lead to a Compromise Between Bush and Congress in their fight Over the sophisticated attack submarines. The Senate passed a Bill wednesday that would allow both Craft to be built prompting a veto threat from Bush. The Bill borne of an election year fight Between Bush and lawmakers Over spending focuses heavily on defense reductions but chops elsewhere As Well. It cuts funds for inspectors of a still inbuilt natural Gas pipeline in Alaska. And it reduces spending for a Laboratory in a part of Illinois that is Home to two republicans who wanted the House to Cut the budget even deeper. The houses democratic leaders blocked republicans from trying to add scores of additional cuts that Bush proposed. That sparked a partisan squabble Over who is to blame for record Federal deficits. Quot what we need to do is Cut through All the muck and let the american people know where the real problems lie. And the real problems lie with the big spenders of this body a most of whom Are democrats said rep. Dan Burton Rind. Democrats countered that they Are to blame for this years expected $400 billion deficit or for the governments accumulated debt of nearly $4 trillion. A this is nibbling at the margins at Best a rep. Steny h. Hoyer d-md., said of the legislation adding a the problem is the president has  most contentious has been Bush s Call to save $3 billion by building two More sea Wolf submarines beyond one already under construction. Bush says the sophisticated Craft Are no longer needed because of the faded soviet military threat. Rep. John p. Murtha d-pa., who chairs the House appropriations defense subcommittee said that he believed the administration would allow one More sea Wolf to be built. A letter that the White houses office of management and budget sent to House leaders before the vote urged them to eliminate both sea wolfs but did warn of a veto. Instead of blocking construction of the two sea wolfs the Senate Bill contains cuts of $1 billion in the b-2 stealth bomber and $1.3 billion in anti missile research. The House Bill has no such reductions. The two Chambers must reach a Compromise before sending the measure to Bush. Bush touched off the election year fight Over budget cutting in March when he began asking Congress to slash various projects Many of them in the districts of particular lawmakers. He has sought $7.9 billion in reductions so far. The House and Senate have responded by producing Bills of their own that accept some of Bush a cuts ignore others but chop other programs As Well. The measures were in part in an Effort to Embarrass the administration and its Capitol Hill supporters. Hence the House measure cuts $22,000 for driving Ronald j. Ros kens chief of the Agency for International development to and from work. It trims $3.5 million from the budget of the High Energy physics Fermi lab in the District of rep. J. Dennis Hastert r-ill., and near the District of rep. Harris Fawell a ill. Fawell and Hastert wanted the House to approve reductions in Many other programs and Fawell said he believed the Fermi lab Cut was a a shot Over Denny Hastert a head and  the measure also eliminates $144,000 for two inspectors who have already resigned of a natural Gas pipeline planned for Alaska. Bush had requested that reduction As Well. The two members voting against final passage were reps. Robert Davis r-mich., and Joseph Kennedy d mass 1 Star commander to Pilot Span Dahlem Wing of los Are a los modified for observation by Kevin Dougherty staff writer in keeping with the air forces goal of moving More brigadier generals into the Field the 52nd fighter Wing at Span Dahlem a Germany will soon be commanded by a brigadier general instead of a colonel the service announced wednesday. On wednesday the air Force named col. John w. Hawley a brigadier general selectee to be the first general to head the 52nd. Hawley currently is the assistant chief of staff for offensive operations at Allied air forces Central Europe Headquarters at Ramstein a Germany. He will succeed col. Howard j. Fry jr., who took command of the 52nd last july. Fry is being reassigned to . Air forces in Europe Headquarters where he will become assistant Deputy chief of staff for plans and programs. No Date has been set for the change of command said it col. . Crowley a Safe spokesman. Hawley will oversee the transition of Span Dahlem from a 72-aircraft fighter Wing to the largest and most diverse Wing within Safe. By August 1993, Span Dahlem is scheduled to have 61 f-16 fighting Falcons and 31 a-10 Thunderbolt ii tank killers and oa-10 aircraft said tech. Sgt. Sandra Whipps a Span Dahlem spokeswoman. Missions. A a it a a base that is growing in significance. And it fits the objective Wing status and that Calls for a one Star at the Helm a Crowley said. Moving brigadier generals into Wing command positions will a keep leaders better in True with the general organization a said it. Col. Steve Stephenson chief of the manpower requirements division at Safe. How Many other Safe bases this policy will affect is unknown. The fighter wings �2? Lakenheath England and Pitburg a Germany also May be commanded ultimately by one Star generals Crowley said. In a speech at the air Force association symposium earlier this year the air Force chief of staff Gen. Merrill a. Quot Tony Quot my Peak spoke about the need to decentralize authority and move Quot Power and authority out of Headquarters and into the  the move to put More brigadier generals in the Field is part of the air forces Wing reorganization plan. By the end of 1992, Mcpeak expects to have at least 56 one Star generals commanding wings though All will be fighter wings. For example the 435th Airlift Wing at Rhein main a Germany recently was placed under the command of Brig. Gen. James l. Hobsonjr. Stah writer Chuck Vlinch contributed to this report