European Stars and Stripes (Newspaper) - August 13, 1993, Darmstadt, Hesse                                Page 6 the stars and stripes us. 3 Friday August 13,1993 courtroom killer found guilty of manslaughter Sonora Calif f apr a woman who fired five bul lets into her songs alleged molester As he sat shackled in court has been found guilty of manslaughter instead of murder by a jury that found she acted in the heat of Pas Sion. Eirc Nesler wept and relatives shouted Quot yes yes a when the verdict was announced wednesday after five Days of deliberations. The former Legal Secretary 41, flashed a Grin outside the courtroom. The jury will decide in september whether Nesler was sane and therefore legally responsible when she calmly walked across a courtroom Dunn an april 2 hearing and shot Daniel Mark Driver at close Range. Driver 35, had faced charges of molesting four boys in eluding Neil cry a son who attended a Camp where Driver was a dishwasher. The son was 7 at the time. The prosecution had argued that Nesler plotted the slaying for More than two years. The defense claimed she simply a a snapped and grabbed a gun out of her Sisters purse after it appeared that the convicted child molester might go free. The slaying made a Folk hero out of Nesler in californians Gold Rush country and stirred debate Oyer vigilante Justice and child molestation. To and movie producers clamoured to Tell her Story and she got More than 5,000 letters of support from around the world. But Neslers backing dwindled after prosecutors disclosed that she used methamphetamine the Day she shot Driver. Nesler who had pleaded temporary insanity could get three to 11 years in prison for voluntary manslaughter if she is found sane. If she is found insane she could be committed to a mental institution for at least six months she would have faced 25 years to life if convicted of first degree murder which requires malice and planning. The handcuffed child attends hearing in death of boy 4 Bath . Apr a 13-year-old boy accused of beating a 4-year-old to death said nothing wednesday during a Brief appearance in court. Eric Smith of Savona faces a murder charge in the death of Derrick Robie. The town court was packed with Smith s relatives and relatives of the victim. The Short red haired Smith was brought into the courtroom in Handcuffs. After the hearing he was returned to the Monroe county children Scenter where he has been held since he was arrested monday. The Case was transferred to Steuben county court but no hearing Date has been set there. Prosecutors say Smith lured Robie into a wooded area and beat him to death with a Blunt object. Robie was on his Way to a Village recreation program. His body was found aug. 2 a few blocks from his Home in Savona 60 Miles Southeast of Rochester. Nesler jury also cleared her of second degree murder. Prosecutor to Graves had portrayed her As a calloused and indifferent killer who made a a decision to play  a maybe in a not god but ill Tell you what in a the closest Damn thing to it a Graves quoted her As saying. _ Graves told jurors that Driver probably deserved to die but that did no to excuse Neslers action. Nesler did no to testify but she told investigators that she but the Palm size pistol into her car on the morning of a a River a court hearing. However her sister Jan Martinez testified that she brought the Cun into court and that Nesler somehow got hold of it Martinez said she habitually kept the gun for Protection and forgot it was in her purse. Nesler grinned after leaving the courthouse wines a yesterday you saw me break Down i  have kept  she said the manslaughter conviction was a about All we could have gotten in this trial. The second phase is where we can get the  the prosecutor refused to comment until the second phase is Over. A Eric Smith 13, is led by new York state police from his arraignment in Bath ., on a murder charge. Female doctors found to favor cancer tests by new Day women Are More Likely to have Pap smears and mammograms if their internist or family doctor is a woman a study says. The study written by or Nicole Lurie at the University of Minnesota concluded that a doctors gender age and medical specially influence whether patients undergo the cancer screenings. Mammograms which help find breast tutors Are recommended every year or two starting at age 40, with yearly tests recommended for women 50 and older. The study found that some of the most striking differences were among male and female internists and family practitioners younger than 38. According to the study 49.9 percent of patients of women doctors in this category got Pap smears while 42.9 percent had mammograms. But Only 31.9 percent of the patients of male doctors got Pap smears and 35.7 received mammograms. The differences narrowed among older doctors and All but disappeared among male and female obstetrician gynaecologists. Pap smears Are designed to detect uterine cancer in its Early curable stages. Lurie an associate professor of Medicine and Public health said the findings had important ramifications for doctors and for female patients. That a because women often have the testing done Only i the recommendation of their physicians. A a it a pretty Clear that because there Are these differences women who Are seeing male physicians need to ask about breast and cervical testing Quot she said wednesday. A male physicians also need to be real cognizant that these tests need to be done and they need to put mechanisms in place to make sure this  but one physician said its too Early to take the study a conclusions too seriously. A you can make numbers do anything you want a said or. Arnold Fenton chairman of the department of obstetrics and gynaecology at North Shore University Hospital in Manhasset . A until other studies corroborate this one you cannot draw any conclusions from  the Minnesota research was based on insurance claims for mammography and Pap tests submitted by primary care physicians for 97,962 women Ages 18 to 75.racially mixed jury picked in truck Driver beating Case from wire reports los Angeles a a jury of five Whites four Blacks two hispanics and one asian was selected in the trial of two Black men accused of beating a White truck Driver during the opening moments of the 1992 riots. Jury selection was to continue thursday in an Effort to seat six alternates. Henry k. Watson 28, and Damian m. Williams 20, face charges of attempted murder in the april 29,1992, attack. The truck Driver Reginald Denny was pulled from his Rig and bloodied following the acquittal of four Whites on most charges in the police beating of Black Motorist Rodney g. Ring. Denny a beating was captured on live television by a news  saw used in suicide Truckee Calif. A a tree trimmer found dead in june killed himself with his Chain saw the first such incident in the United states authorities said wednesday. The Nevada county sheriffs department said an investigation completed this week by the state department of Justice found that Richard Possehl 27, of Truckee took his own life june 27 by nearly severing his head with the saw. Deputies said it was the first such suicide recorded in the nation and Only the second in the world. The other incident was reported in Russia. Authorities originally investigated the death As a homicide after Possehl s body and his Chain saw were found next to his truck near a cemetery. But a state investigation found no other fingerprints on the equipment and a re enactment with a mannequin found it was possible to commit suicide with a Chain  admits raping boy Fairfax a. A a female swimming instructor pleaded guilty to one count of statutory rape after being arrested for having sex with a minor. Prosecutors said Jean Michelle Whitiak 24, of Alexandria had a three year affair with a former student of hers who is now 14. Until june she had taught swimming at a Fairfax county Pool. A a she a pick him up from school take him to his House help him with his Homework and engage in sexual Intercourse a assistant commonwealths attorney Steven d. Briglia said. Whitiak entered her guilty plea wednesday in Fairfax circuit court. One faces a maximum penalty of to years in prison and a $10,000 Fine. She pleaded guilty in an agreement under which prosecutors would not press any further charges. Briglia said that the youth broke off the relationship and that the woman told authorities she had sex with some of the boys friends in an attempt to make him jealous. Whitiak was charged with statutory rape after the boy told his parents what had occurred. She will be sentenced sept. 24.governor facing transplant Rochester Minn. A Arkansas gov. Jim Guy Tucker May need a liver transplant to treat a progressive disease that led to his hospitalization at the Mayo clinic this week a doctor said wednesday. A or. Patrick Kamath would not predict when the transplant might be necessary saying Only that it won t a amp a in the very near  Tucker 50, suffers from primary Scle Rosing Chola Giny rare condition that slowly Narrows All the bile ducts within and outside the liver damaging the Organ. A liver transplant is the Only  guard executed Hunts Vixie Texas a a former Security guard who shot a savings and loan manager to death during a Holdup then botched an attempt to erase the surveillance camera videotape was executed by injection thursday. David Lee Holland 58, went to his death after refusing to let his attorneys file a final Appeal wednesday with the . Supreme court. He had no final statement. Holland was convicted of murdering Helen Barnard 29, Branch manager of a port Arthur. Savings and loan during the 1985 robbery. A Teller Zuj y ear old Dianna Jackson also was slain but Holland was never tried in her death