European Stars and Stripes (Newspaper) - December 14, 1993, Darmstadt, Hesse Tuesday december 14, 1993 the stars and stripes Page 5 seizures in cases 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 5-4 ruling marked the second time in recent months that the High court has reined in the governments 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 19month-od 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 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 a 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. A unless exigent circumstances Are pre sent the due process clause requires the government to afford notice and a meaningful Opportunity to be heard before seizing real property subject to civil forfeiture.�?�. Chief Justice William h. Rehnquist dissented calling the decision a will considered and last june the court ruled that seizures of drug related property Are subject to the Constitution s eighth amendment Protection against excessive fines monday s decision upheld a Federal appeals court ruling that said James Dan ice Good of Hawaii was entitled to be notified and Given a hearing before hts 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 five year limit the High court said. Good was arrested 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. Paper reports Arlington a. Apr Michael Jackson has returned to the United states and is cooperating with authorities investigating claims that he molested a Young boy his lawyer has been quoted As saying. Usa today reported monday that attorney Johnnie Cochran or. Confirmed the Singer was Back after halting a world tour and seeking drug addiction treatment overseas. Cochran declined to give details but there were reports Jackson was in California after arriving by private Jet in nearby Santa Barbara. The new York Post quoted a . Customs spokeswoman As saying Jackson cleared customs Friday afternoon in Billings mont., site of the smallest International Airport in the country. A there was nothing unusual about the flight a customs spokeswoman cherish Miles was reported As saying. Jackson s lawyers said last week that they were negotiating with authorities on the terms of his return Jackson cancelled a concert tour last month to undergo treatment at a secret location in Europe for what he said was an addiction to painkillers. He said the drug problem was brought on in part by the molestation allegations. Jackson is being sued by a 13-year-old boy who alleges the entertainer molested him. A criminal investigation continues. Jackson 35, has not been charged and denies wrongdoing. On Friday Howard Citzman one of his lawyers denied a report that his meeting with prosecutors addressed whether Jackson would be arrested and strip searched if he returned. Investigators want such a search to determine whether his accuser s description of Jackson a body is valid Jackson is scheduled to give a deposition in the lawsuit Jan. 18.a half dozen news Media trucks have camped out near Jackson a sprawling ranch in the Santa Ynez mountains about 35 Miles Northwest of Santa Barbara waiting for some sign of the stars whereabouts. 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 injured. Suicide 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 minister Yitzhak 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 meet 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 a Plo office closed because Israel docs not want instead of seeing israeli soldiers pulling out As expected palestinians woke up monday to witness an in us 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 of Law against assisted suicide ruled unconstitutional 3etrojt a a judge monday dared unconstitutional a part of Mich no a Law against helping someone com to suicide. Lawyers differed on whether the ruling acts the cases against or. Jack Kevork 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 2u deaths since 1990. Michigan a assisted Sui cide ban was passed expressly to Stop him. Defense attorney Geoffrey Fieger said monday s 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
