European Stars and Stripes (Newspaper) - September 09, 1995, Darmstadt, Hesse                                Saturday september 9, 1995 the stars and stripes Page 5 i vhf Ito on disclosure los Angeles a , Simpson s prosecutors filed an emergency Appeal Friday in an attempt to Stop. The judge from telling jurors that they May consider re tired detective Mark Fuhrman s unavailability to testify when weighing whether he told the truth. Ito said thursday that he would Tell jurors Fuhrman was unavailable to return to testify and they could con Sider that in determining his credibility. The judge said however that he would t mention that Fuhrman this week invoked his fifth amendment privilege against self incrimination when questioned by defense lawyer outside the jury s presence. In its Appeal the prosecution said the Public at Large not Only the jury in this Case will be Given the wrong impression by judge Lance Ito s proposed jury instruction. ". This is Learly not the Law the Appeal said. One of the questions to which Fuhrman invoked the fifth amendment was whether Fuhrman planted Evi Dence in the Simpson Case. Fuhrman had to invoke the fifth amendment on All questions to avoid opening himself to wide ranging questions said Urcla Law professor Peter Arenella witnesses cannot invoke its shield on some questions and then answer others Arenella said in court Friday Ito reviewed evidence that Simp son s attorneys want jurors to have when they deliberate his guilt or innocence and the prosecution objected shuttle releases observation satellite from the associated press Cape canaveral Fla. Endeavour s astronauts completed their first big Job in orbit Friday releasing a satellite to study charged particles hurtling from the Sun that can disrupt radio communications and electrical systems on  two Days the $8 million satellite called spartan will observe the so called solar wind blowing from the Sun North pole 93 million Miles away. The five astronauts will retrieve the satellite sunday and Stow it for the trip Home. Then they will release another satellite for two Days of free flight this one to produce Ultra thin film for semiconductors in the pure vacuum created in the Craft s Wake. Spartan s observations will coincide with those of the european solar probe Ulysses which is above the Sun s Northern Polar Region. Brody Law upheld san Francisco a Federal appeals court upheld the Brady gun Law Friday saying the Federal government can require local Law enforcement agencies to Check the records of prospective handgun buyers. The 2-1 ruling by the 9th . Circuit court of appeals overturned decision by Federal judges in Montana and Arizona declaring part of the la unconstitutional. Judges in three other states have issued similar rulings against the Law. The Brady Law effective in march1994, requires a five Day waiting period before the Sale of a handgun. During the wait local authorities Are supposed to determine whether the buyer has felony record history of mental illness or drug use. Sanctions extended United nations the Security Council extended 5-year-old Trade sanctions against Iraq on Friday weeks after Baghdad admitted having made toxin tipped missiles and bombs. Security Council members have said they will not consider easing the sanctions until Iraq fully cooperates with . Weapons  were imposed after Iraq invaded Kuwait in 1990 and Are " reviewed every 60 Days. To one exhibit after another. The tedious arguments and one of the last Legal hurdles before the rebuttal phase of the murder trial can begin came just a Day after the defense tried to rest but was blocked by the prosecution Over Ito s plans to instruct the jury about fun Mari. When the judge summoned the frazzled jurors into the courtroom thursday after they spent the Day in a holding room he broke the hews that they probably would t be Back until monday. Some clenched their jaws. Some frowned or were grim faced. The last time the 12 jurors and two alternates heard testimony was just after lunch wednesday. After eight months of being sequestered they have repeatedly sent notes to Ito to Tell him they Aren t to use the judge swords Happy  v among thursday s developments the most significant was the defense s announcement that Simpso would riot be called to the stand. The defense says Simpson s testimony is not needed Given the damage to the. Prosecution s Case from Fuhr Man s taped comments about racism and police mis conduct. /.  with the prosecution Case in shambles this just was t necessary defense lawyer f. Lee Bailey told the associated press. I did t see what was left to be gained when you have the chief witness a Law enforce ment officer refusing to testify because he might in Criminate  defense lawyer Robert Shapiro added ". Has Al ways wanted to testify in this Case. He realizes like All of us that this jury is weary and his testimony would prolong the ease two to three weeks and he s More anxious than any of us to get a verdict in this  but a third defense lawyer Johnnie Cochran jr.,kept the door open a crack in an interview broadcast Friday on Abc s today show even though he had indicated thursday that fur Mari would be the last witness the defense would attempt to Call. We re on the eve of making this decision on Simp son s testimony it has t been 100 percent made but i can Tell you i a leaning toward him not testify ing Cochran said. / the indication that Simpson would not Tell his Story to jurors came after the defense argued unsuccessfully to have Fuhrman be the last defense witness and in Voke his fifth amendment right in front of the jury Ashe had in front of the to audience. Simpson s lawyers have spent the last part of thei Case tearing into Fuhrman a Man they contend is a Rao is capable of planting a bloody Glove to Frame Simpson in the knife slayings of his second sex wife Nicole Brown Simp Soho and her Friend Ronald Goldman. And across the country the Justice department opened an inquiry into whether Fuhrman and fellow officers manufactured evidence and targeted Blacks for arrest As suggested by his comments that were recorded by a screenwriter. Indira James 6, daughter of an employee of the sandals Beach resort in St. Johns Antigua walks through the debris thursday. Luis7 Caribbean death toll hits 19 Simpson Bay St. Maarten a Hurricane Luis made its Way northward Friday toward Bermuda leaving Caribbean islands where it levelled neighbor hoods Tore apart luxury hotels and tossed yachts onto the Beach. At least 19 people were kill Edras the 700-mile-wide storm swept through the Region. Two people died on Antigua including one Man whose car was swept out to sea authorities there said Friday. Radio to France outre mers reported 30 deaths on St. Maarten the Island shared by the French and dutch. However Michel a Bessenbacher a French government official could confirm Only eight dead on the French Side of the Island. The dutch red Cross said five people died on the dutch Side. There were also two deaths in puerto Rico and one each in Guadeloupe and do Minica. St. Maarten was inaccessible by air Orsea for two Days after it was struck by one of the Century s most powerful  Rescue workers police and journalists arrived thursday they found wide spread destruction. Thousands of tourists were left stranded without electricity running water or Telephone service on St. Maarten apparently the hardest hit of the Caribbean islands. Looters attacked stores ripped apart bythe weather. They re taking jewelry electronics everything said police it. John Reeves who arrived thursday from Curac to to help restore order. Up to 2,000 people were homeless on St. Martin according to a Bessenbacher. There were Miles of destruction though Many Homes remained untouched or showed Little damage. Millions of dollars Worth of yachts were strewn across piers and beaches including the stars and stripes the boat that won the America scup in 1987. Hurricane Luis Tore through the easter Caribbean with 125-Mph winds strength ening thursday to 130 Runph in the Atla Ticas it moved Northwest at about 12 Mph. It was expected to turn North with accelerating Speed Early today. The storm was not expected to endanger the . Mainland but heavy surf advis ories and a coastal flood watch were in effect Friday from Florida through North Carolina. A tropical storm watch was is sued for Bermuda. Thunderstorms after Luis had prevented French military helicopters from land ing wednesday. French officials had to wait until thursday to ferry in food and Medicine along with Volunteer doctor Sand soldiers. Other nations also rallied thursday to help ravaged islands