European Stars and Stripes (Newspaper) - November 12, 1994, Darmstadt, Hesse                                Saturday november 12, 1994 the stars and stripes Page 3 a shackled spec Patrick Smith left accused of wiling Elora Mckemy 2, is escorted by plainclothes military police thursday to the Legal Center in Mannheim Germany. Pes of tieto  Bureau Washington Bill Monroe ombudsman forthe stars and stripes newspapers will depart next month after holding the position for two of the More tumultuous years in the papers  will take Over As editor of the current news Early Bird a daily compilation of defense re lated news clips that circulates in the Pentagon. Jordan Rizer director of the american forces in formation service the newspapers1 policy making organization said the search for a new ombudsman will begin shortly. Monroe s last official Day on the Job will be dec. 15monroe, 74, who spent 25 years with Abc news is the second person to have held the Job. It was created five years ago at the request of Congress in the Wake of allegations of censorship and news management atthe paper s two editions based in Darmstadt Ger Many and Tokyo. The ombudsman is normally hired for a three year period. Monroe said the decision to leave a year Earl was not an easy one but added that the open ended Job Security of his new position was the deciding fac Tor. ".  " v it s difficult to leave because i be developed a tremendous respect for the stars and stripes and have enjoyed playing a part in the debate Over How to trial to be held in . Court session scheduled for Jan. 10 defense seeks German intervention by Mark kinkade.-. .,7" staff writer. " Mannheim Germany a military judge thurs Day delayed receiving a plea from the Soldier accused of killing 2-year-old Elora Mckemy last year. In the first Day of court martial proceedings against spec. Patrick Smith r lawyers from both sides agreed Ona schedule of proceedings. Smith s civilian attorney said the trial will Convene with seated jury in the United states on Jan. 10. The defense is to present a list of witnesses to the prosecution by dec. 20,said Joel Cohen a Frankfurt based attorney. Both sides must serve motions by dec. 22, and the court will hear the motions Jan. 3 and 4. No specific location for the stateside trial was Dis cussed at thursday s preliminary hearing held at the Southern Law Center m Mannheim. Smith 22, is charged with premeditated felony Mur Der in the slaying and sexual mutilation of Elora in Babenhausen on sept. 15, 1993. He also is charged wit rape sodomy and housebreaking in the Case which has been referred As capital opening the door to a possible death penalty if Smith is convicted. N Monroe 2 years keep it going he said. During Monroe s ten ure the newspapers have struggled with declining readership caused by the overseas draw Down and financial problems caused in part by the congressional decision to Transfer control of the stars and stripes bookstores to the Mili tary Exchange services. But Monroe who has argued strongly that no other publication can Ful fill the unique role the stars and stripes plays in the lives of overseas serv ice members said he has a great Deal of Faith that the newspapers will survive. With the emphasis that Secretary of defense William Perry has placed on Quality of life issues lately i think the military and Congress will realize that stripes is a tremendous Quality of life Factor for the people who read it every Day he said. Germany has no death penalty and the German government previously has expressed disapproval of .military courts handing Dosun death penalty judgments on German soil. In remarks to reporters after the Brief preliminary hearing Cohen Saia the Case is moving to the United states to give the jury members the option of imposing the death penalty. That is of killing Patrick  Cohen said a German attorney whom he did no identify is trying to persuade German Legal officials to regain jurisdiction in the Case. At the same time Cohen is going through the German Legal system to pre empt the death penalty. We believe this is a German problem Cohen Saidof the Legal situation. The attorney said German investigators who worked on the Case have been ordered to be available for testimony and to go to the United states to testify if needed German and american officials announced Smith s arrest May 19 after a nine month investigation that included Dan testing of about 1,900 people. Smith is being held at the . Army confinement facility in Mannheim. Monroe u.5. Army truck crash kills 2 germans hurts 4 Wiesbaden a Germany is two germans were killed and four people were seriously injured in an Accident wednesday involving a . Military truck said a spokeswoman with the 3rd support come. The truck Driver pfc. Lament e. Blount of the 515th trans co at Turley Barracks in Mannheim was returning from Grafe Wohr to his Home base when the Accident occurred at 6 40 . Blount s vehicle reportedly was in the left of two lanes travelling North toward Heidelberg on autobahn 6 when it entered a construction site where the Road narrowed into one Lane said maj. . Blount entered the Lane of oncoming traffic and collided with a vehicle causing a Chain re action Accident involving five vehicles. Blount s truck rolled during the Accident. He was treated for injuries at a local Hospital and re leased "  / y German authorities Are investigating. " at this Point the Soldier has not been charged with anything Nosco said. Blount s personal Driver s License and his . Army Europe operator s License have been pulled Nosco said. The truck is used to haul other vehicles she said. Officer admonished in misfiring of Cannon by Jon Connor staff writer a 1st army div officer has received a letter of admonishment and others May be punished in connection with a Cannon Accident that blew off a Soldier s thumb and Finger a division spokeswoman said thursday. The officer whose name was not re leased served As Field officer of the Day in the aug. 25 Accident during a Retreat ceremony said spokeswoman Christel Borris. The officer was not at the site when the Accident occurred. The letter resulted from a division probe into the blast that injured spec. Matthew heading of 1st army div s he Btry 4th in 29th Field atry in Baum Holder Germany. Other potential disciplinary actions Are pending Bettis said. But she said she did not know against whom. On thursday Borris said two of three investigations into the. Accident were completed. Also completed was a Mili tary police investigation that Borris said determined that the mishap was an Acci Dent. A safety investigation is being reviewed by v corps. It then will be sent to the . Army Europe before it is forwarded for final evaluation by safety officials at fort Rucker ala., Borris said. Borris said information on the safety investigation will not be released until after the final review. The Accident occurred after Baum Holder s civilian Post adjutant volunteered to Load and fire a 75 my can non for the ceremony when a full complement of maps could not be found to conduct the firing. Hugh Mackey an army Retiree decided to fire the Cannon with the Breech open because of a jammed Shell. Under Mackey s direction heading held a pole against the base of the Shell As Mackey swung a Hammer at the other end to fire the weapon. Mackey was burned on his hands arms and thighs in the blast. Options Are being discussed for pos sible disciplinary action against Mackey said Steve Cooper spokesman for the 53rd area support group which Over sees the Baum older Community. Cooper also noted that no action May be taken against Mackey. As a result of the probes authorities of the 1st army div the 53rd area support group and Baum older s 222nd base support in Are discussing possible changes to Retreat procedures. One Point under discussion Borris said is whether to use live ammunition in cannons during Retreat ceremonies. Sometime after the Accident Baum Holder personnel removed the Cannon and continued to conduct their Retreat ceremony in accordance with army regulation and tradition said it. Col. Harold t. Stott jr., commander of the 222nd bib. Heading continues to recover at Wal Ter Reed army medical Center in Washington d.c., where he has been for he past two months. On monday heading is to undergo surgery on his right hand to remove a plate placed in his right Index Finger which was broken. In addition heading will undergo a Bone graft on his right hand and other treatment to allow greater movement. The 24-year-old heading a personnel clerk who had never fired a Cannon be fore said he has no information about an upcoming medical Board that will decide the Fate of his six year army career. Heading who just got Back from visit ing his family in Columbus Ohio said his morale is High. The visit he said went really