The Baltimore Sun from Baltimore, Maryland • 1

1 1 1 1 1 1 i TUESDAY APRIL 26, 1988 CPOHTO VOL 302 NO. 139 BALTIMORE, MARYLAND 25 CENTS lis give Walsh testifies on probe 4tainf Insulation of staff described as difficult death penalty to Bemjanjuk 5r 4. Verdict, sentence to be appealed by ex-Nazi guard By Hugh Schofleld Special to The Sun JERUSALEM An Israeli court pronounced a death sentence on John Demjanjuk yesterday, a week after he was found guilty of being the brutal Nazi camp guard at Tre-bllnka known as "Ivan the Terrible." "He was a chief hangman who with his own hands cruelly killed tens of thousands of people," said Judge Zvl Tal after hearing final pleas from the two sides. "We sentence him to die." His words set off a spontaneous outburst of applause In the packed Jerusalem Courthouse. Demjanjuk Is only the second person since the creation of the Israeli state to be condemned to death Adolf Eichmann.

the chief organizer of the Nazi extermination program, was hanged in 1962. Demjan-juk's last hope now Is with the mandatory appeal to the Supreme Court, expected in the coming weeks. Demjanjuk continued to protest that he has been the victim of mistaken Identity. Addressing the court shortly before sentence was passed, he told the Judges they had made a ft ByLyleDenniston Washington Bureau of The Sun WASHINGTON The special prosecutor In the Iran-contra criminal case conceded In court yesterday that his key staff aides were not totally Insulated from the wide publicity about the scandal and that some aides were not insulated at all. Independent Counsel Lawrence E.

Walsh said that It was a constant problem to try to avoid a taint" of the evidence he was gathering when staff aides became exposed to testimony that was given to Congress-under promises of Immunity. Defense lawyers representing Lt. Col. Oliver L. North, retired Rear Adm.

John M. Polndexter and arms dealer Albert A. Hakim hope to convince a federal judge that the entire case against those three must be thrown out because it was "Inevitably" based directly or Indirectly on the testimony each gave under an Immunity grant. Such use of immunized testimony against those who gave it is unconstitutional under a 1972 Supreme Court ruling. Much of yesterday's questioning of Mr.

Walsh appeared designed to show that the system he set up failed often In its claimed goal of keeping his staff from using the immunized testimony In preparing the criminal charges growing out of the scandal. At one point, Colonel North's lawyer, Brendan V. Sullivan said that the system was like "Swiss cheese," and that lt was now clear there was an "enormous taint" of the prosecution. Mr. Walsh, who was questioned by Mr.

Sullivan for most of the day in court, commented at one point that the "taint" problem "was a serious danger to the prosecution, and we tried to guard against it as best we could." He acknowledged that lt did not always work to avoid exposure and that he himself had been exposed to outside information about the scandal six times. He did not describe any of those incidents. Under questioning, Mr. Walsh conceded that there might have been as many as 67 people on his staff who were not given any Instructions to avoid outside information about the case but who were told not to share what they learned with others In the office. He Indicated that most of those were not prose-See PROBE, 5A, Col.

4 Ql ihm 11 A fl Navy medics loaded an Injured sailor into an ambulance in Jack- OULU1ICU illC 111 sonville, yesterday after the crewman was airlifted from the oo ci i a If xr 800116 the USS Bonefish fire. The damaged submarine was aban- KAAJoXValty doned off Cape Canaveral on Sunday. (See article, Page 8A) Court to reconsider 76 bias ruling Opposition negotiating inmrectly with Noriega and unwise wound." Justice Stevens implied that the majority had "cast itself adrift to fashion its own agenda." Justice Harry A. Blackmun, In another dissent, said the majority was "neither restrained, nor Judicious, nor consistent" with the doctrine of respect for precedent. He said the 1976 ruling had been the basis for more than 100 lower court rulings.

I Ira Glasser, executive director of the American Civil Liberties Union, commented: "The message is there's a new court and previous rulings are up for grabs. If this decision possibly can be overturned, perhaps a lot more are endangered." The action marked the first visible sign that the newly emergent conservative majority might start raising doubts about the continuing strength of a variety of closely divided rulings In recent years in civil rights cases. Many of those rulings were decided with now-retired Justice Lewis F. 5 ASSOCIATE!) PRESS Powell Jr. helping to make a majority.

He has now been replaced by Justice Kennedy, who built a fairly conservative record as a Judge on a lower federal appeals court The decision that will be reconsidered next fall Is titled Runyon vs. McCrary. By a vote of 7-2 in that case, the court ruled that a 19th century law giving blacks equal rights with whites to enter Into private contracts outlawed racial discrimination even when practiced by private Individuals or organizations. In that specific ruling, the court outlawed two suburban Virginia private schools' refusal to admit black students. Since then, the ruling has become a major weapon in lawsuits against racial bias in employment and in access to other privately controlled benefits or opportunities.

The two dissenters from that ruling, now-Chief Justice William H. Rehnquist and Justice Byron R. White, were part of the majority call-See RACE, 5A, Col. 4 a luncheon crowd at a national conference on crime sponsored by the U.S. Conference of Mayors.

"However, 1 also know that what we are doing now as a country not only Is not working, but also Is hurting our communities." Mr. Schmoke, who spent 4 years as Baltimore's state's attorney, called on the crime conference to adopt a resolution urging Congress, after the 1988 elections, to hold hearings at which experts could present arguments for and against 4' I r. Schmoke asks national debate on legalizing drugs Schools are UNTTA's base for its own vision of Angola ASSOCIATED PRESS JOHN DEMJANJUK Continues to claim Innocence grave mistake. "I am not Ivan the Terrible. The See DEMJANJUK, 2A, Col.

1 State Department officials have indicated that General Noriega must leave the country and have pushed for his exile In Spain. The embassy spokesman said that under the new guidelines, an agreement satisfactory to the opposition in all likelihood would be satisfactory to the United States. The exploratory talks have been going on for two to three weeks with civilian representatives of the general. Including his brother-in-law. the sources said.

The principal points of agreement the sources said, are: That General Noriega must agree to leave the country within a See PANAMA. 2A. Col. 1 1 think the general feeling, probably, among most mayors is that' that's not the right solution," he said. Mr.

Berkley said Mr. Schmoke's statement marked the first time, in his memory, any mayor has suggested considering a repeal of drug laws. "I would expect most people to disagree with the notion of decriminalization," Mr. Schmoke told reporters after his speech. I'd Just like us See SCHMOKE.

5A. Col. 3 Drivers strike in Polish city, win 63 raise By Kay Withers Special to The Sun WARSAW, Poland The first significant strike in Poland since the Imposition of martial law in 1981 ended yesterday with a settlement that bodes 111 for Poland's economic recovery. It was led. moreover, not by opposition dissidents but by members of both the Communist Party and the official labor unions.

The banned Solidarity union took no part in the protest, although spokesman Janusz Onyszklewtcz said that Solidarity supported demands for pay increases. Jan Ru-lewski. the Solidarity chief in Bydgoszcz, was detained briefly after trying to Join the action. Bus and streetcar drivers In Bydgoszcz, a city of 360.000 people 150 miles northwest of Warsaw, paralyzed the town for 12 hours when local authorities Initially refused their demand for a 100 per cent pay raise to compensate for recent price increases. Price Increases and protests have SeePOLAlfD.lA.CoL4 5-4 decision leads to strong dissents ByLyleDenniston Washington Bureau of The Sun WASHINGTON The Supreme Court, In a move causing an angry 5-4 split, said yesterday that lt would consider wiping out one of the most Important civil rights rulings In the modern era a decision that outlaws many forms of race bias by private Individuals or groups.

The five-Justice majority made up of the court's most conservative members, including new Justice Anthony M. Kennedy decided without any prompting from lawyers to look again at a 1976 ruling to see whether it should stand. By reaching out to question that decision, Justice John Paul Stevens said in one of the two strongly worded dissenting opinions, the majority Inflicted upon the court "a serious ANGOLA THE BUSH WAR Third of three parts tal Independence of Angola. Now he is the minister of education In UNITA's recently constituted provisional government. It is his task to mold a loyal and literate following from the nearly 2 million inhabitants of the vast rural areas that the rebel movement claims to have under Its control or to have wrested from Influence of the ruling Popular Movement for the Liberation of Angola (MPLA) and Its Cuban allies.

Mr. Valentim stomps enthusiastically along the sandy paths, explaining the Intricacies of bush education. Nearby are the classes of the second-See UNITA.4A. Col. 1 Orioles' Slump is analyzed by sports psychologist who prescribes "support" ID Increasing clouds today, slight chance of rain tonight Expected high, 70; low, 52.

Yesterday's high, 67; low, 44. 12C Index Bridge Business Classified Comics Editogals 60 1E 4C 60 6A Horoscope 70 Lottery 88 Movies 30 Obituaries 4C Television 40 6 SECTIONS By John M. McClintock Sun Staff Correspondent PANAMA CITY, Panama The three principal opposition parties have opened indirect negotiations with Gen. Manuel Antonio Noriega, as the United States appears to be softening its policy In efforts to get rid of the Panamanian strong man, sources close to the talks said yesterday. When asked about the talks, a U.S.

Embassy spokesman pointed to a State Department statement Thursday to the effect that "all the options are on the table," but he declined to define further what that meant In previous statements, high the idea. "These hearings could be the start of a nationwide discussion of this issue and hopefully lead to the development of a consensus about a new approach to the drug problem," he said. Mayor Richard L. Berkley of Kansas City, president of the U.S. Conference of Mayors, later told reporters that the gathering, which adjourns today, would not have time to consider the proposal.

He added that he did not expect the Idea to generate much enthusiasm. i Ik BYtCMWaMOOWSKI 1 1 By Peter Honey Sun Staff Correspondent JAMBA, Angola Long before you sec them, you can hear the chorus of their voices reciting lessons among the bushes of this rebel sanctuary In a remote corner of southeast Angola. Before you know it, you are in a schoolyard (for what else could it be?) where every other tree seems to be an open classroom beneath which the children, aged 6 and upwards, sit on benches and take in the precious learning that their teachers drum home on blackboards pegged into the sand. "Welcome to the National High School of Jamba." says Col. Jorge Valentim, flashing a grin at the visitors.

A lively, sociable man, Mr. Valentim is a founding member of Jonas Savlmbi's National Union for the To- By Doug Birch Washington Bureau of The Sun WASHINGTON Mayor Kurt L. Schmoke stunned a gathering of mayors and police chiefs yesterday by suggesting that the U.S. consider repealing Its laws against the sale of narcotics and treat drug use as a public health problem rather than a criminal matter. "I know that even suggesting a possible decriminalization of narcotics is not popular," Mr.

Schmoke told fx fjj' THE SUN INSDIDE Acid rain is a larger factor in the Bay's decline than was previously believed, an environmental group reports. 1C Patuxent Publishing buys Times Publishing Group to become Maryland's largest weekly newspaper chain. IE Jackson and Dukakis find new opponents in today's Pennsylvania primary. 3A Bush's lead against Dukakis shrinks in Gal'p poll. 3A 7Mr A tank truck carrying 7,000 gallons of beating oil flipped over on a Beltway ramp to riCiy Interstate 70 yesterday and burst into names.

The driver received minor injuries in the 8:30 a.m. mishap, but trafBAras disrupted for most of the day AhOe emergency equip- CrLSn ment and cleanup crews cleared tte wreckage. (Article on Page J).