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Joplin Globe Newspaper Archives Mar 4 1990, Page 5

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Joplin Globe (Newspaper) - March 4, 1990, Joplin, Missouri Sunday March 4, 1990 the nation she 3opltn Ollove 5a Hazelwood defense hinges on impossibility doctrine Anchorage Alaska apr the Exxon Valdez with 10 of her tanks spouting Oil was an immovable object when her skipper called out orders to move ahead according to expert witnesses in Joseph Hazelwoods trial. Which brought up the question can someone be convicted of trying to do something which is impossible the three witnesses whose expertise is costing the state of Alaska about $90,000, were not hired to comment on the impossibility of getting the Tanker off Bligh reef after it went aground. That was a defense Point. The consultants came to Tell jurors that Hazelwood charged with felony criminal mischief in the nations worst Oil spill was House fire fatal reckless when he gave the order to Start the engines because he risked capsizing or sinking the massive vessel. But defense attorneys Michael Chalos and Dick Madson used their Cross examinations to suggest there was no such risk because the Exxon Valdez was firmly impaled and Wasny to going anywhere. Like most Legal issues the so called Quot impossibility doctrine is a subject of debate and interpretation. In newly filed Legal briefs the prosecution contends that Hazelwoods intentions Are the Paramount Issue because he did no to know in the darkness of March 24, 1989, whether his ship was capable of moving. Quot Captain Hazelwoods Reliance on the impossibility doctrine is misplaced because the Issue is not whether it was possible for the vessel to come free but whether Captain Hazelwoods mistakes in not realizing the vessel was firmly aground and not recognizing the danger in re floating were said the prosecutions Brief. The argument was offered in support of a prosecution plan to present the results of Accident simulations showing the scientific probabilities of the Tanker capsizing or sinking after the grounding. The 987-foot Tanker which left Valdez with a full Load of Alaska crude Oil struck the jagged reef at the entry to Scenic Prince William sound. Its tanks were gashed spilling nearly 11 million Gallons of Oil. Thousands of Birds fish and w wildlife were killed and Black goo coated hundreds of Miles of Rock Shore. Hazelwood 43, of Huntington n.y., is charged with the felony and three misdemeanours reckless endangerment operating a vessel while intoxicated and negligent discharge of Oil. Witnesses have said that Hazelwood gave orders to restart the engines and move ahead. Several times they say he gave rudder orders which changed the ships heading but it did no to Budge. Quot you Don t know if the vessel was capable of moving even one Inch do you a Chalos asked expert George Kirk Greiner or. Quot obviously it want a said Greiner. Robert Beevers a former Tanker Captain was Adamant in his testimony that Hazelwood risked further damage to the ship by trying to move it. Quot but what if it simply move Quot asked Madson. Quot that a what happened a said Beevers. A. That does no to mean he was t trying to get it off at that the third witness Salvage expert William Milwee jr., said Hazeltt xxx was reckless in trying to move the Tanker because he did t have enough information about the ship s position. Quot i think it was reckless because Captain Hazelwood did not have enough knowledge of the situation to attempt an immediate re floating a he said. Chalos confronted Milwee with calculations of the tankers engine horsepower and the ship s ground a condition. I to six tragedy occurs after birthday party Turtle Creek a. Apr a Quick moving House fire killed six people saturday including five Young children spending the night together after a birthday party. One Man was hospitalized with injuries suffered in the Early mom ing Blaze that destroyed the three Story Home about 10 Miles East of Pittsburgh. Two neighbor children who stayed overnight after attending an eighth birthday party for Joshua Harris were killed along with Joshua and two siblings said Allegheny county homicide it. John Brennan. Several neighbourhood children who left the party just after Nightfall gathered near the burned remains of the Home saturday afternoon while firefighters cleared away debris. Quot i finally made a Good Friend Here and now he a gone a Kevin Cook 10, said. Quot its Lucky we have something to remember him by a Richard Lei he 5, said. Quot we have the party invitation and the Batman toys we won for prizes during the the fire burned for about Lvi hours before firefighters brought it under control authorities said. The Blaze spread to houses on each Side of the Harris Home but their residents were unhurt police said. The cause was under investigation. In addition to Joshua police tentatively identified the dead As James Bennett 23 Carly Harris 6 Jessie Harris 4 Terrance Cleary about 5 and Amanda Lee Cleary about 3. A Man tentatively identified As Ray Steele of Wilkinsburg was in critical condition saturday at West Penn Hospital in Pittsburgh. Dusty Harris 26, Mother of the Harris children was visiting neighbors when the fire began and saw the flames when she returned. Quot there were 12 kids there mostly school friends and kids from the neighbourhood a said Michelle Loughner a Friend of is. Harris. Quot the party was Over about 7 30 . And the kids were in bed by 9 .�?� the fire was reported at 2 15 . We re sorry in this week s Home Sale circular Page 21, we advertised girls 7-14 and 4-6x . Gultano Bow pocket tees. Due to the manufacturer s inability to ship these tees will not be available. 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Pepper 7-up the largest selection and lowest prices in the tri state area 2805 Range line re. Joplin m0, phone 417-624-8000 prices Good thru 3/10/90 hours . 8 .-8 . Saturday 8 .-5 . Sunday 10 .-4 . A Complete warranty information available at the service counter product illustration Are representative and May vary slightly from actual merchandise we Reserve the right to limit quantities not responsible or printing errors prices subject to Chan without notice

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