European Stars and Stripes (Newspaper) - December 10, 1993, Darmstadt, Hesse                                Page 6 the stars and stripes . Friday december 10,1593 f. 1 a. _. A a. A _ a a Packwood takes 5th in ethics probe by the Washington Post Washington . Sen. Bob Packwood on wednesday cited a fifth amendment Protection against self incrimination in responding to a lawsuit to compel him to release his diaries it was the first time that the Oregon Republican who previously relied on fourth amendment privacy protections has argued that he should not be compelled to produce the diaries because they could be used against him in a criminal prosecution. The diaries Are being sought by the Senate ethics committee which is investigating allegations that Packwood made unwanted sexual advances to More than two dozen women and then attempted through intimidation to discourage them from telling their stories. The committee contends that it needs the diaries to investigate these and other areas including a possible violation of criminal Law. To response to the committees efforts Jacob a. Stein a criminal attorney representing Packwood. Said a the constitutional privilege against self incrimination applies to the involuntary production of private books and papers and precludes the committee from compelling sen. Packwood to produce his private personal  Stein was retained by Packwood after the Justice department joined the ethics committee in subpoena ing the diaries. Packwood a arguments were filed in . District court where judge Thomas a up. Jackson is scheduled to hear arguments next thursday. Both the committee and the Justice department have indicated interest in Packwood a efforts to secure a Job for his wife before they were divorced and whether those efforts were a linked to his performance of official acts a a As the committee said in its Brief nov. 22. The Justice department has been described by officials As being interested in whether a lobbyist for Mitsubishi electric co. Offered Packwood a then wife Gorgie a Job in Exchange for his help in defending the company from unfair Trade practices. The committee had argued hat pack Wood was less concerned about protecting his privacy than about keeping the committee from discovering possible misconduct. It denied that the subpoena violated constitutional protections against by the new York times Washington a the argument that abortion clinics can invoke a Federal racketeering Law to sue violent anti abortion protest groups was reviewed wednesday by the supreme court. However As their past decisions indicated the justices appeared reluctant to write into the racketeer influenced and corrupt organizations act any limits that Congress did not put there when it passed the Law in 1970. The question wednesday was whether the Law known As Rico requires proof that the defendants were motivated by a desire Tor economic gain. The defendants in this Case Are operation Rescue and a coalition of clinic protest groups known As the pro life action league. Two lower Federal courts held that Rico did not apply and dismissed a suit brought by the National organization for women on behalf of two abortion clinics. The courts found that the groups actions were aimed at driving abortion clinics out of business rather than making Money for themselves. The question of whether the Law requires economic motive and whether it can apply to abortion clinic protests has been in the lower courts for years. This Case which began in 1986, assumed particular significance earlier this year after the supreme court ruled in an unrelated Case that Federal judges did not have authority to protect abortion clinics from violent protests under a Section of a 19th-Century Law the Kun flux Kjan act that numerous Federal courts had invoked for that purpose. That ruling in Bray is. Alexandria women s health clinic appeared to leave Rico As the Only Federal liable to a a Law Ava Ilaf the clinics. Since then the landscape has changed. Both houses of Congress have passed similar versions of a Bill known As the Freedom of Access to clinic entrances act which would make it a Federal crime to damage an abortion clinic or to use Force or intimidation against the clinics patients. The Bill which has the Clinton administration s support is expected to receive final passage next year. Chelsea a inauguration Chelsea Clinton daughter or the president appears As the favorite aunt in Washington Ballet s production of a the Nutcracker during a dress rehearsal wednesday. It was her first Public appearance in a bal. Let since moving into the White House. A Brothers had no right to kill jury told los Angeles a even if Jose Menendez had sexually molested his sons they did t have the right to kill their parents a prosecutor told jurors wednesday. A we Don t execute child molesters in California a Deputy District attorney Pamela Bozanich said in her closing argument to the jury for Lyle Menendez one of the Brothers. A some of you May think we should. But the state does not execute child molesters and these defendants cannot execute them  Bozanich addressed Only one jury in the two jury trial. She accused the de sense of focusing on claims that Lyle Menendez 25, and his 23-year-old brother Erik were sexually abused As a diversionary tactic in a simple Case of premeditated murder. Defense attorneys responded later in the Day. Erik Menendez lawyers will speak to his jury next Weeka the sexual abuse is Here to prove that both parents were so bad you Don t care if they Are dead a Bozanich told the jury. A the sexual abuse is used to portray them As  she contended that the motive for the killings of Jose Menendez 45, and his wife Kitty 47, was Subtle but obvious1 the Brothers wanted to maintain their privileged lifestyle without their parents control. R she said the Brothers feared their father was Dis inheriting them. The Brothers say they feared their parents were about to kill them to avoid a sex scandal. The Brothers burst into a family room at the Menen Dezess Beverly Hills Man an sed firc with two shotguns aug. 20, l%9. Bozanich pointed to the Purchase of shotguns and ammunition As evidence of planning. Prosecutors Are seeking the death penalty. Invasion of privacy or self incrimination. Taking Issue with the panel on both Points Stein said the subpoena is so Broad that it a requires the senator to turn Over a record of his entire life for almost five years Quot including everything from a arguments with the children Quot to a private consensual relationships with women friends especially since his separation and  the Only limits Are a the scope of the committee s curiosity a Stein contended adding that the subpoena would allow Packwood to protect Little More than a the senator s private thoughts about the state of his  Stein said that to the Best of his know Edge a no court has Ever compelled the wholesale production of the private personal diaries of an individual. Ama opposes imposing ban on handguns new Orleans a the american medical association decided wednesday not to Side with another doctors group that called for a handgun ban and urged the government to ban smoking in the workplace. The association also sidestepped surgeon general Joycelyn elders suggestion that legalizing drugs could make americans streets safer. Or. James s. Todd Ama executive vice president said his group questioned whether a ban on weapons would Cut violent crime. A prohibition did nothing to Stop the use of alcohol a he said. So the amass policy making group re acted a Call by the american Academy of a edit pics earlier this year for a ban on the manufacture Sale and private Possession of handguns and automatic weapons. But the Ama delegates supported a ban on the Possession and use or firearms a and amm u nit Ion by unsupervised minors. It also called for higher licensing fees and sur taxes on makers dealers Ana buyers of weapons. Before the group ended its meeting delegates also approved a Call for the . Occupational safety and health administration to ban smoking in work i aces the Resolution Calls for Osha to an tobacco smoke As it would other carcinogens in the workplace. During a news conference or. Robert Mcafee Ama Board chairman said the move for Osha to impose the ban through regulatory channels might be caused in part by Ama members views that Legislatures Are not moving quickly enough. Kevorkian agrees to exam by doctors Pontiac. Mich. A Jack Kevorkian has agreed to let doctors examine him in jail because his hunger strike has left him near death his attorney says. Kevorkian 65, has refused to eat since he was jailed nov. 30 on charges of assisting in a suicide. He is taking Only water and vitamins. A i Don t want to get a Call in the Middle of the night saying Jack Kevorkian. Died of a heart attack a lawyer Geoffrey Fieger said wednesday. Kevorkian had previously refused doctors visits and county officials had sought a court order to Force him to have a physical. He agreed to submit to the exam by today. Kevorkian has been present at 20 suicides since 1990