The Cincinnati Enquirer from Cincinnati, Ohio • Page 4

A-4Nation THE CINCINNATI ENQUIRER Tuesday, March 19, 1991 'Big-time' beating is described High court to hear school-prayer issue "uiji, in i.n, i ENQUIRER NEWS SERVICES WASHINGTON In a case that could expand the role of religion in American public life, the Supreme Court agreed Monday to decide whether a high school or junior high graduation ceremony may include a non-sectarian prayer. The Bush administration intervened in the case to urge the justices to scrap, or sharply curtail, a strict legal test used since 1970 to determine whether government actions violated the principle of separation of church and state. The Justice Department advocates a standard likely to make it easier for federal judges to uphold nativity scenes on government property, a moment of silence in public classrooms and government aid to private religious schools, among other government actions affecting religion. The proposed standard "would shore up those who advocate a greater (government) accommodation of religion." But it would not affect the existing ban on prayers in the classroom, said University of Chicago law professor Michael McConnell, a specialist on religious rights whose research was cited by the Justice Department. Marc Stern, a lawyer for the American Jewish Congress, found the court's action Monday "very troublesome" because it "could lead to a drastic lowering of the wall separating church and state." At least four conservative Supreme Court justices Chief Justice William Rehnquist, Sandra Day O'Connor, Antonin Scalia and Anthony Kennedy have, in recent rulings, criticized existing test standards.

That may leave the issue squarely up to the court's newest justice, David Souter. In other matters Monday, the court: Sent back to lower courts for further study seven disputes over punitive damages, including a $5 million award against the Hare Krishna religion by a former member who said she was brainwashed at age 14. Agreed in a Connecticut case to consider giving unions more power to hand out leaflets on an employer's property as part of an organizing effort. Refused to reinstate a libel lawsuit against a Corpus Christi, Texas, newspaper by a former state social worker who said a false 1985 article destroyed her life. Heard arguments over Missouri's policy of forcing its state judges to retire at age 70.

The court will decide by July whether mandatory retirement for judges is illegal age discrimination. The Associated PressJulie Markfis Hundreds of Los Angeles police personnel overwhelm Chief Daryl Gates on Monday in a rally. Gates apologized to a beating victim but vowed to fight calls for his resignation. after the pursuit." "Dusted" is slang for use of PCP, a halluci Laughs punctuate officers' exchange with dispatcher THE ASSOCIATED PRESS LOS ANGELES A policeman involved in the beating of an unarmed black motorist told another officer he hadn't "beaten anyone this bad in a long time," according to a transcript released Monday. "You just had a big time use of force," Sgt.

Stacey Koon told a police dispatcher after the beating of Rodney G. King after a car chase March 3. The transcript released by the police department contains messages between the officers transmitted by portable computers in their squad cars. A police official investigating the assault said officers sent a message that included an apparent racial joke about the film Gorillas in the Mist. The Los Angeles Times reported Tuesday the remark apparently referred to a description of a domestic trouble call involving blacks prior to tne arrest of King.

The beating was videotaped by a resident and shown broadcast nationwide. After a report that officers were in pursuit of a white Hyundai refusing to yield, there was a pause of about nine minutes in the transcript, at which point a report from Koon came in, saying, "You just had a big-time use of force tazed and beat the suspect of CHP pursuit, big time." The response from headquarters was, "Oh well I'm sure the lizard didn't deserve it ha ha, I'll let them know OK." Koon responded, "I'm gonna drop by the station for a fresh Taser and darts please have the desk have one ready." A Taser is a stun device that uses darts. Police conversation A minute later, a message was received from a police car occupied by Officers Laurence Powell and Timothy Wind. The message was simply: "Oops." Another unit responded, "Oops what?" A minute later the response came: "I haven't beaten anyone this bad in a long time." To that, the second unit said, "Oh, not again why for you do that. I thought you agreed to chill out for awhile what did he do?" The Powell-Wind car responded, I think he was dusted many broken bones later nogen charges of assault and assault under color of authority.

Hundreds of police officers and employees gave a rousing welcome to work Monday for Police Chief Daryl F. Gates, and Gates responded with his strongest vow yet to keep his post. Department workers lined the hallway to Gates' office in the downtown Parker Center, cheering, applauding and chanting, "Gates must stay!" Gates, who became tearyeyed during the 20-minute demonstration, said it had convinced him once and for all that "I am not going anywhere. I am staying." "We regret what took place," Gates said, adding, "I hope he (King) gets his life straightened out. Perhaps this will be the vehicle to move him down the road to a good life instead of the life he's been involved in for such a long time." King, 25, was on parole for a .1989, robbery conviction.

He was recuperating Monday following surgery at an undisclosed hospital to repair broken cranial bones, said his attorney, Steve Lerman. Another King attorney, Bob Rentzer, said he resented Gates' comment about his client. "It's a misnomer to imply that his life in general has had any stigma by virtue of one isolated incident," Rentzer said. "That one incident does not make a man." Local police action protested, Page D-1. Cmdr.

Kick Dinse, who is heading a police investigation of the beating, said a portion of the transcript includes an apparent racial remark made from the patrol unit occupied by Powell and Wind. When another unit said it was on a surveillance of narcotics suspects, the Powell-Wind unit responded: "Sounds almost (as) exciting as our last call it was right out of Gorillas in the Mist." The other unit replied "Ha. Ha. Ha. Ha." and continued, "Let me guess.

Who be the parties?" "Based on the look of it, there is every appearance of a racial comment," Dinse said of the exchange. "And yes, the chief is concerned about this." Dinse said an audiotape of radio communications ends with a call for an ambulance. When asked what for, an unknown voice yells out, "Victim of a beating." A person then is heard laughing, Dinse said. Someone knew He said the audiotape documents that someone at the scene knew that something very severe had happened. Koon, 40, Powell, 28, Wind, 30, and Officer Theodore Briseno, 38, were indicted on felony Happy Easter! Jones' flowers can also say: Happy Spring! With Wish you were here.

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Available in your area now. Call 1-805-682-7555 Ext. C-1234 STEEL THE ASSOCIATED PRESS EXETER, N.H. A high school teacher testified at her murder-conspiracy trial Monday that she was trying to break off an affair with a student when the teen-ager shot her husband to death last year. Pamela Smart said she loved her husband but was having difficulty breaking off her affair with the student, William Flynn.

She said Flynn was so distraught at the prospect of not seeing her that he threatened to kill himself. Smart, 23, took the stand as the defense began rebutting two weeks of testimony from prosecution witnesses in Rockingham County Superior Court. Prosecutors charge that Smart imum prison sentences of 18 to 28 years. Smart, behind bars since August, appeared pale and drawn, but composed during her testimony. Her voice broke only when she described returning to her condominium after a school board meeting May 1 and finding her husband's body.

Smart testified that the affair began when Flynn, then 15, was in a videotaping project she ran as media coordinator at Winnacunnet High School in Hampton. When he told her he had a crush on her, she testified, she said that she was married and uninterested. Flynn testified last week that his teacher initiated the romance and soon invited him to her condo. REPLACEMENT DOORS Authentic Storesv And Old World INC. Formulas Eil 1908 Pamela Smart feared losing everything in a divorce.

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In the Oregon case, Fautenberry allegedly used several credit cards stolen from Guthrie, a bank teller, Portland Detective Michael Hefley said. Detective Tom Nelson, one of two Portland investigators who interrogated Fautenberry in Alaska, said police do not know where Daron or Guthrie are. He would not say what, if anything, Fautenberry told police Monday. Nelson said Daron's 1988 white Subaru was found Sunday at the Seattle-Tacoma International Airport. Miami Township police have said Fautenberry used Daron's Ohio license plate number and his own name to register at motels.

Lt. Daryl Poe of Miami Township police said he did not know whether a detective would be sent to Alaska to question Fautenberry. Juneau police said Fautenberry had been in Alaska since March 2 or 3, four days after the Portland woman's disappearance and 13 days after Daron vanished. Fautenberry was arrested on the Portland warrant and is being held on a $1 million bond at a correctional facility near Juneau. The Associated Press in Juneau contributed" to this story.

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