The Napa Valley Register from Napa, California • 4

4A The NAPA VALLEY REGISTER Tuesday, June 23, 1 998 KRi Holman From Page 1A Appeals court overturns Microsoft injunction From The Associated Press Technology Gary Danielson. But then Gary Danielson said that he had met Barbara Holman once or twice. Barbara Holman identified Gary Danielson after seeing him in a Napa Valley Register photograph in 1995 after he was i charged with the murder of her husband. Attorney Greggins also called Napa Police Officer Joseph Mat-ulich, who was one of the early investigators in the murder case. Greggins asked about an April 4, 1990, interview with Madelyn i Warrick five days after the i murder.

She did not know (where David Danielson) was and had not seen him for a week or so," Matulich said. Warrick has testified in court that both Danielson brothers were with the family on the Friday night and Saturday morning. Attorney Murray pointed out that she did not say it was over a week or so. The attorneys will make their final arguments today and then the jury will get the case. I The juiy will have two choices i not guilty or guilty of first degree felony murder.

There was some discussion during the trial of possibly including a third, lesser choice. But Superior Court Judge Scott Snowden i found no basis for lesser choices. ney on Friday or Saturday that he would be testifying about the car. Murray pointed out again that Nielsen's sentence of life without parole was not final until Nielsen completed his testimony for the District Attorneys Office. In final arguments, the defense is expected to attack Nielsen's motive for testifying.

He has testified that the Danielsons ratted on him in the Solano County case for the murder of an American Canyon grandmother. Nielsen received life in prison and missed the death penalty on a 9-3 vote for death. A unanimous vote is required for a death penalty. Attorney Greggins wanted to call back Madelyn Warrick to refute the alibi she provided for her sons last week. Warrick has been in a hospital since testifying and was not expected to be available this week.

Greggins dropped the request for Warricks return. However, he did use Detective Edward Knutsen to provide a few comments of what Madelyn Warrick said to him during the course of the investigation. Knutsen read from a 1994 interview that Warrick told him Barbara Holman did not know wrongheaded addition of a surrogate judge to the case. The appeals court decision applies to the first, narrow antitrust move that government lawyers made against Microsoft last year. The Justice Department contended that the software company tied sale of Windows 95 to its Internet Explorer browser in violation of a 1995 agreement with the government.

The Justice Department filed a broader monopoly case against the Redmond, company this year that is not directly affected by the appeals court ruling. The judges noted, however, that the second, broader case may supersede the first one. Given the appeals court ruling, the Justice Department may well regard further pursuit of this case as unpromising, especially given the alternative avenues developing in its recently launched separate attacks on Microsoft's practices, the judges wrote. Justice Department lawyers were reviewing the ruling and had no immediate comment. something they did not know was on the table.

The appeals court agreed, and told Jackson to reconsider. "The preliminary injunction was issued without adequate notice and on an erroneous reading, of the law, the majority of the three-judge appeals court panel wrote. Microsoft spokesman Jim Culli-nan said company officials were still reading the 56-page opinion. I think we're gratified with the court's decision and we will comment further once we review, he said. Microsoft had complained that the judge should not have appointed a special master to consider important technical issues and report back to him.

The company claimed that the master, Harvard University law professor Lawrence Lessig, was biased and was given too much authonty. Again, the appeals court agreed, calling the appointment either a clear abuse of discretion or an exercise of wholly nonexistent discretion. The appeals court did not agree that Lessig was biased, but said his appointment amounts to the WASHINGTON Microsoft won a court appeal today in part of the federal monopoly case against the com-i puter giant, winning the right to tie its Internet software to its popular computer operating system. The U.S. Court of Appeals agreed that a lower courts injunc-; tion against Microsoft was improper, and sent the matter back to the federal trial judge overseeing the antitrust case.

The broad, 2-1 ruling found that U.S. District Judge Thomas Penfield Jackson made procedural and substantive errors in issuing a preliminary injunction against Microsoft in December. Jackson ruled that Microsoft could not force computer makers who sell the nearly ubiquitous Window's 95 operating system to also offer the company's Internet search product, called a browser. Government prosecutors did not specifically ask for the injunction, but Jackson issued it anyway. On appeal, Microsoft lawyers complained that the company did not have an opportunity to tight Elsewhere in todays Register With Windows 98s release imminent, consumers are left with the question: Is it worth it to upgrade? UC Davis economist concludes that antitrust action against Microsoft is not good for the computer industry.

Calvin Ross gives tips on how to keep Windows 95 running smoothly. See Business10 Depot From Page 1A where a Wendy's had been planned. That would leave just one parcel at Imola and Gasser behind Target to be developed, Katz said. Noah's Bagels, which had signed a lease, wont be coming after all. Cliff Hartle of the Gasser Foundation said today.

A sought-after Applebys restaurant also seems unlikely, he said. Given the clustering of restaurants that already exists near Soscol and Imola, why so many more? The lunch business is just huge, said Katz, citing the area's proximity to Napa State Hospital, Napa Valley College and the industrial parks to the south. Even in its unfinished state, South Napa Marketplace businesses racked up $52 million in sales in 1997, according to city figures. With the addition of Home Depot and the other stores, the center should soon top $100 million in annual sales, Katz said. A significant portion of Home Depot sales will come from sister Home Depots in Vallejo and Fair-field where many Napa County residents already shop, he said.

Running three months behind schedule, two buildings bordering Soscol Avenue are about to open with more than a half-dozen tenants, Katz said. Starbucks will debut by early next week with a coffee bar and drive-through window. Panda Express, an Asian restaurant, should also open within a week, Katz said. Within a month, the new buildings will also contain Crescent Jewelers. Frame-N-Lens, Cellular One, Great Clips and a combination Baskin-Robbins ice cream and Togo's sandwiches, he said.

The FHK Companies of Sacramento still has several small commercial pads to develop before South Napa Marketplace is complete. Pep Boys has signed a lease to build an car care store facing Imola Avenue next to Target. The International House of Pancakes plans to build a restaurant at Soscol and Shetler avenues. The developer is negotiating with KFC or Arby's for a small restaurant at Soscol and Kansas ROBERT PEEBLES PHOTO Ih much.a a mile wide in the area where two men were lost while boating Saturday. Though there is a navigation channel that could de.ine the search boundaries, authonties arent certain the boaters were using the channel at the time of the accident.

Missing From Page 1A dog makes a find, we will investigate about 4 to 6 feet under, but any deeper than that, we will call in trained divers, Hiza said. Back at command center, the victims families and friends gathered. The mood was somber, as they waited for news. Emersons mother, Debi, said they had family members also searching the river. Harry said the river was about half-mile wide where the boat went down.

A channel follows the river, but it is not known if the boat was in the channel when it sank. When the tide is in, the river stretches from bank to bank. When the tide goes out, the rivers muddy bottom is visible near the banks. the Napa County Fire Department Technical Rescue Team members, Capt. Steve Hiza.

Assistant Chief Art Miller and Capt. Tracy Henderson, using a Zodiac inflatable boat, took to the river looking for any signs of the missing men. The team was joined by Maggie, a 2-year-old crossbreed chocolate Labrador and Chesapeake retnever. and her trainer Laura Rathe with Napa County Search and Rescue. Maggie is trained to sniff for human gasses in the water.

Rathe said. The dog, anxious to get to work, propped herself on the edge of the boat. The command find buddy" signals Maggie to sniff the water for human smells. Rathe said. Once she makes a find, she will start barking and digging with her paws in the water.

The more vigorous she digs, the stronger the scent." The technical rescue crew members, dressed in bright orange river gear and flotation devices, loaded the boat with buoys to be used to mark the spot, should Maggie make a find. We are not a dive team. If the Window fashions that EXPRESS YOUR STYLE! Napa County Sheriffs Search and Rescue were joined Monday by three volunteers from the Napa County Fire Department Technical Rescue Team. While sheriffs rescue crews patrolled the river and walked the levees at Russ Island, south of the manna, technical rescue team members with the help of a dog trained to sniff human scents in the water concentrated on the area where the boat sank. Sheriffs Capt.

Gar Harry said the rescue crews searched the levees for clues like clothing or footpnnts, which would indicate the men had been there. However, when the search was called off, the crews had come up empty-handed. The interior of Russ Island is marshy with tall tulles and mud flats, making it impossible to use a wheeled vehicle in the search, Harry said. Meanwhile at the south end of Edgerly Island at Milton Road, Mini Blinds Silhouette Window Robbery From Page 1A "TJp Vignette Window Country Woods dressed in black, and with his face covered, no one was able to get a description of him," Jabin said. The credit union, draped with yellow police tape from door to door, did not re-open for business until this morning.

I was out of the office when the robbery happened. But I know it was a frightening ordeal for the staff," Myers said. Anyone with information about the robbery may call Jabin at 257-9564. a waiting car, which sped away northbound on Main Street, police said. The getaway car was described as an older, beat-up, bluish-grayish vehicle, Jabln said.

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