European Stars and Stripes (Newspaper) - December 14, 1993, Darmstadt, Hesse                                Tuesday december 14,1993 seizures in the stars and stripes r _ i cases Page 5 Washington a the supreme court on monday limited a major weapon in the War on drugs ruling that the government cannot seize real estate allegedly linked to drug trafficking unless the owner first gets a court hearing. The 54 ruling marked the second time in recent months that the High court has reined in the government s Power to take Over property it contends was involved in a drug crime. In other actions the justices a ruled that a Federal pension protecting Law can be used to keep a closer watch on How insurance companies manage hundreds of billions of dollars in workers pensions. The ruling could change dramatically the Way insurance companies and pension plans do business. A refused to review a ruling that requires Florida to provide medicaid coverage for a 19-month-old boy who doctors say wont survive without a liver bowl transplant. A declined to use a Tennessee death penalty Case to decide an Issue that could Nave affected about half the states with capital punishment Laws. The a justices said they had made a mistake in agreeing to hear the Case involving a murder committed during the course of another major crime. Writing for the court in the property forfeiture Case Justice Anthony m. Kennedy said although Congress designed the drug forfeiture statute to be a powerful instrument in enforcement of the drug Laws it did not intend to deprive innocent owners of their property. Quot unless exigent circumstances arc pre sent the due process clause requires the government to afford notice and a meaningful a Opportunity to be heard before seizing real property subject to civil  chief Justice William h. Rehnquist dissented calling the decision Quot ill considered and  last june the court ruled that seizures of drug related property Are subject to the constitutions eighth amendment Protection against excessive fines. Mondays decision upheld a Federal appeals court ruling that said James Daniel Good of Hawaii was entitled to be notified and Given a hearing before his Home was seized. However the justices unanimously reversed another portion of the lower court ruling that questioned whether the government waited too late to seek the forfeiture even though it was filed within a five year time limit set by Federal Law. Courts cannot dismiss forfeiture actions filed within the live year limit the High court said. Good was guested in 1985 after police found 89 pounds of marijuana and vials of hashish at his House on the Island of Hawaii. He pleaded guilty to promoting a harmful drug and served a year in prison. In 1989, Federal agents seized the House and four acre property where the drugs had been found. Good was living in Nicaragua at the time and had rented the Home to tenants. Good challenged the seizure contending he was entitled to be notified before the seizure and Given a Chance to oppose it at a hearing. Jackson Back in seeks gag order Santa Monica Calif. A Michael Jackson was Back in the state monday As his lawyers sought a gag order to quiet the attorney for a 13-year-old boy accusing the entertainer of child molestation. Quot he is Back to establish his innocence a attorney Johnnie Cochran jr., the newest member of the Jackson defense team said after a closed door meeting with Superior court judge David m. Rothman. Cochran confirmed that Jackson 35, was in Southern California. The Singer reportedly returned to his 2,600-acre Santa Ynez Valley ranch late Friday less than four weeks after he cancelled his Quot dangerous concert tour and went to Europe for what he said was treatment for addiction to pain killing drugs Rothman met privately with attorney Larry Feldman who represents the youth Jackson lawyers Howard Weitzman and Cochran and a news Media attorney for about 90 minutes to discuss a temporary restraining order. The Jackson lawyers want to prevent further disclosure of deposition testimony taken by Feldman. Damaging testimony by several Jackson employees has been leaked to the news media., afterwards the judge postponed a decision until Friday. Jackson is scheduled to give a deposition in the lawsuit Jan. 18, and trial is set for March 21. Criminal charges have not been filed in the Case but los Angeles and Santa Barbara county investigators have confirmed they Are examining child molestation allegations. Quot we Are going to urge the judge to deny the request for a gag order a said attorney Royal Oakes who represents the radio amp television news association of Southern California. Oakes told the judge monday that All civil litigation should be open to the Public. Quot normally a deposition in a Garden variety civil Case is taken and it is filed with the court a he  speculated Friday that Quot they Are attempting to work out an agreement to do a body search a referring to reports that his Young client has described unusual characteristics about Jackson s private parts. Members of an israeli army bomb squad inspect the wreckage monday of a stolen ambulance after a suicide bomber drove the vehicle into an army jeep in Gaza. The palestinian Driver was killed and an israeli Soldier was  bomber rams vehicle into israeli army jeep in Gaza Gaza occupied Gaza strip apr an Arab suicide bomber crashed a stolen ambulance into an army jeep monday adding to fears that the delay in starting the israeli withdrawal will intensify bloodshed in the occupied lands. The bombing which killed the palestinian Driver and wounded an israeli Soldier was the fifth such attack since the israeli Plo peace Accord was signed sept. 13 with great fanfare in Washington. The militant group islamic jihad which opposes the Plo autonomy pact claimed responsibility Israel radio said the soldiers were not in their jeep when the ambulance crashed into it and exploded. Prime  Rabin met with his Cabinet on monday after agreeing with Plo chief Yasser Arafat in Cairo Egypt late sunday to delay the Start of the israeli troop withdrawal from the Gaza strip and West Bank town of Jericho. Rabin dashed palestinian Hopes for a symbolic re lease of More Arab prisoners or the return of deported Plo leaders. Israeli news reports had said such gestures were Likely in an Effort to Dampen palestinian anger Over the postponed withdrawal. Rabin agreed to Meel with Arafat in 10 Days to try to resolve differences Over three key issues but indicated the chances were slim for a formal signing of the agreement by dec. 22. Arafat who was in the Netherlands seeking economic Aid did not meet with reporters. In Jericho a sign in English and hebrew outside the Palestine liberation organizations office said Quot Plo office closed because Israel does not want  instead of seeing israeli soldiers pulling out As expected palestinians woke up monday to witness an influx of troops. Soldiers set up new observation posts on rooftops searched houses and patrolled with dogs. The measures appeared aimed at trying to head off attacks such As the monday morning suicide bombing. Part of Law against assisted suicide ruled unconstitutional Detroit a a judge monday cleared unconstitutional a part of Mich and a Law against helping someone com it suicide. Lawyers differed on whether the ruling facts the cases against or. Jack Kevork i and whether the Law remains in effect. Wayne county circuit judge Richard Kaufman said he was unsure whether his finding applied in Kevorkian Scase. He declared the state Law As too Broad and in violation of the 14th amendment guarantee of Liberty. At the same time he said he was unsure whether Kevorkian had Legal standing to file such a Challenge and scheduled a Jan. 6 hearing on the question. Kevorkian 65, has been present at 20 deaths since 1990. Michigan a assisted Sui cide ban was passed expressly to Stop him. Defense attorney Geoffrey Fieger said mondays decision effectively strikes Down the state Law. Wayne county assistant prosecutor Tim Baughman said the Law May be unconstitutional in some cases but that would depend on the facts in each. Kaufman issued his 41-Page opinion As doctors at North Oakland medical Center in Pontiac said they had determined Kevorkian who has been on a hunger strike for 13 Days did not suffer a heart attack when he complained of Chest pains on saturday