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Harrisonburg Daily News Record Newspaper Archives May 16 1990, Page 5

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Daily News Record (Newspaper) - May 16, 1990, Harrisonburg, Virginia Daily May Justice department drug tests struck Down Washington a a Federal judge tuesday declared unconstitutional mandatory drug testing for attorneys applying or jobs in the Justice departments antitrust the ruling by District court judge Gerhard Gesell came in the Case of Carl who filed suit after the Justice department tentatively accepted him for employment and then asked him to submit to a urine Gesell said testing Willner would infringe on the right of any citizen not to be searched without a reasonable basis of the antitrust division requirement offends the fourth Gesell the Case is the first major Federal Deci Sion on applicant drug testing involving government said Arthur an attorney for the american civil liberties Union who argued on behalf of a onetime mandatory reemployment drug test is required of All attorneys accepted for positions in the Justice depart ments boards and divisions com which includes the antitrust Divi Gesell pointed out that Willner would not have Access to top secret classified information and was not a prosecutor in drug the court of appeals has upheld random testing for existing employees in the department in those sensitive but the appeals court has rejected the departments plan to require drug tests for All criminal prosecutors and All employees with Access to grand jury the judge said in essence that applicants ought to be treated the same As existing in the Willner the Justice depart ment had argued that the expectation of privacy is less for an applicant than for an existing employee singled out for random the judge enjoined the department from requiring reemployment drug testing for antitrust division applicants if there Are no grounds for just As a Beautiful Sand Dune crumbles if continuously eroded by Ocean said so will this precious right become a victim if it is modified at times of the judge said applicants who would be exposed to top secret information could be Gesell said Willner lacks standing to Challenge All reemployment drug testing for the entire department or for the entire boards and divisions in court arguments april Justice department lawyer Peter Robbins pointed out that the applicant test is a onetime you dont want somebody enforcing the Law turning around and violating the Robbins resells decision would Cut severely into the governments ability to conduct widespread applicant said Spitzer said now in private prac Tice in is scheduled to Start his Justice department Job in associated press Barry meets with reporters outside Barry enters no guilty plea Washington a mayor Marion Barry pleaded innocent tuesday to six additional drug charges alleging that he used co Caine and conspired with others to get it during a five year i feel fantastic i got a great defense Barry said outside the courthouse after enter ing his attorney Jay Stephens and Barry lawyer Kenneth Mundy said they hoped to begin the trial june but Mundy said the new charges part of a superseding 14count indictment returned against Barry last thursday might make it difficult to meet the original Start we will not be Mundy said after the five minute we want to show the Public and the court that we will not drag our it will not be the defense that Stephens said the government was prepared to go to trial As it is important for the Case to be resolved expeditiously and fair he said at a Brief con District court judge Thomas Penfield Jackson also said he hoped to Start the trial on the new charges accuse Barry of five Misdemeanour counts of co Caine Possession and one Mise Meanor count of the indictment alleges that the mayor took drugs As far Back As Barry earlier pleaded innocent to eight charges brought 15 alleging that he lied to a Federal grand jury and had cocaine in his Possession on five the new indictment includes All 14 charges the three perjury charges Are the new charges add to barrys Legal problems in the face of the 4 mayoral Barry has not announced that he will seek a fourth but he has been making a series of Cam Paig style appearances around the one of the counts stems from barrys arrest 18 in an Fri undercover sting prosecutors say that Barry was videotaped smoking crack cocaine in a downtown love canal property hot again 200 seek to bid on Homes cleared for resettlement Niagara a love once a Symbol of the nations toxic waste became hot real estate on tuesday after the Federal government cleared the Way for resettlement of part of the former chemical about 200 people have already signed up for a Chance to bid on some of the remaining which formally go on the Market in about six its Home for i grew up there for 12 i hated to move said Gail who grew up with the toxic waste dump literally in her Back like Many of the prospective said she was not worried about the danger from the chemicals dumped Here by the Hooker chemical in the 1940s and chopper crash kills 4 sailors Ponte Vedra a a Navy helicopter crashed into the Atlantic Ocean just off the Beach killing All four peo ple the Navy their bodies were recovered Mon Day evening by divers who located the fuselage of the sh2 sea sprite said Jim a spokesman at the Jacksonville naval air the crash occurred about 200 to 300 Yards offshore roughly two Miles South of Ponte Vedra situated a few Miles South of Jacksonville in Northeast the downed helicopter was one of three in route from the Atlantic underwater test and evaluation Center on Andros Island in the Bahamas to its Home base at Willow said Veronica a Navy spokeswoman at Jackson Ville naval air we have recovered some she the names of the missing crewmen were not immediately the cause of the crash was under the helicopter was attached to helicopter Antisubmarine Squadron Light a Reserve she anything you do there Are risks she you dont know whats Safe and whats the Federal government declared love canal a disaster area in the late 1970s after the dump began leak ing dioxin and other toxic about people were evacuated and nearly some built virtually on top of the were left William head of the environmental Protection gave his Agency Seal of approval monday to two studies that found about 250 of the houses Are Safe to live his action cleared the Way for the love canal area Reyita Liza Tion Agency to Start Selling the houses this in a letter to Lois a former love canal housewife who moved to Virginia and became an environmental Reilly said the studies were reviewed by eminent scientists from around the country who judged them scientifically sound and the letter was released to the Media on who opposes any resettle ment of the love canal said she and her allies would sue in fed eral and state courts to Block the she said the study was flawed because scientists compared soil and air samples from the love canal neighbourhood with samples from two other contaminated parts of the James the revitalization Agency planning said the Agency was not offering any Guaran tees to would be buyers that the problems would not but he said it was highly unlikely because drains have been installed to catch leakage from the former canal bed that contains the hazardous they do testing All the theres a continual monitoring going he id live the resettlement area includes about 250 Small single family Homes North and Northwest of the which is about six Miles upstream from the Falls of the Niagara that area also contains an abandoned school and at least two vacant Many of the Homes have been vacant for eight years or More and have peeling sagging broken windows and Rusty but Carr said All will be completely refurbished before they Are placed on the there Are also plans to renovate and reopen the about 60 to 75 Homes will be sold each year for the next three Black Diamond savings Bank 2 main court Square 7034321777 Call us for All your mortgage needs Jim executive vice president Gene Clatterbuck loan officer Jim loan officer 30 year fixed rate 1 175 pts 0 75pts 15 year fixed rate 1 pts pts annual percentage rate 1033 Egush homing Iwider annual percentage rate based on 80 loan to value or less Rales subject to change without notice where neighbors Are helping neighbors insured Bush supports species Protection Washington a the White rejecting complaints by Interior Secretary Manuel said monday that president Bush does not want to weaken the nations primary Law protecting endangered animals and we have no plans to change the act at this White House press Secretary Marlin Fitzwater Lujan expressed concern last week that the 17yearold endangered species act was threaten ing jobs and economic its just too Tough an i Lujan told the Denver weve got to change asked if Lujan was at Odds with Bush on the Fitzwater it Means he Lujan gave his views and there but theres been no decision to make any Bush has said he wants to be known As the environmental presi daily new record uses 144520 published daily except sundays by the Rockingham publishing incur 231 South Liberty Harri Virginia second Daw postage paid at Post today daily new record consists of 4 40 plus subscription rates weekly Carrier yearly in Advance Carrier by mall in Advance Virginia pet six three All other St Stee per 6 postmaster Send address change to Dally new record Box 193 22801 toning orto we 2 Wasta or save 20 on All athletic shoes now through receive a free tee shirt with your gear shown from our collection women stardust High athletic phone open monday saturday 10 til it use your Leggett visa or american

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