The Battalion. (College Station, Tex.) 1893-current, January 18, 1984, Image 6

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Page 6/The Battalion/Wednesday, January 18, 1984
Hanging
ruling
incorrect
R.l.
by Paul Dirmeyei
United Press International
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SAN ANTONIO — A
spokeswoman for the medical
examiner’s office Tuesday said
it would be at least two more
days before a ruling was issued
in the mysterious death of a gen
eral, found hanging in a stair
well at Fort Sam Houston.
Karen Monroe of the Bexar
County medical examiner’s
office said reports Tuesday that
the death of Gen. Robert Ownby
had been ruled a suicide were in
I'VE TRIED AMD TRIED TO
FJGWE OUT WHAT y/S
Initials nieaaj. wr z
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DO YOU KAjOIa) WHAT
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error.
“There has been no official
ruling but somehow it got out
that there had been one,” she
said. “It’s going to be at least two
more days.”
The body of Ownby, 48, the
youngest two-star general upon
his promotion in February 1982,
was found last Wednesday
hanging in a stairwell at the U.S.
Army Reserve Center at Fort
Sam Houston.
His hands were bound behind
him with a belt, and a note pin
ned to his sweater said he had
been “executed for the crimes of
the U.S. army against the peo
ples of the world.”
FBI officials say the death is
being investigated as a possible
suicide, but the FBI will not
make a ruling on the death until
completion of several tests.
Lawyers battle in heroin case
United Press International
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WASHINGTON — An
Adams County prosecutor and a
Denver attorney argued Tues
day over whether a federal ques
tion is involved in a ruling that
disallowed evidence in a heroin
case because police refused to
name their informant.
Adams County attorney
Steven Bernard urged the Sup
reme Court to overturn lower
rulings that disallowed 15 bal
loons of heroin found in the
pockets of drug suspect Antonio
Guadalupe Nunez.
“I think this is clearly a
Fourth Amendment case,”
argued the Brighton, Colo.,
attorney. “There will be a de
trimental effect on law enforce
ment in revealing the names of
informants on a regular basis.
“It will lead to a drying up of
informants,” he said.
But defense attorney Ken
neth Stern of Denver said an
Adams County district judge re
lied on the Colorado rules of evi
dence in making his ruling, and
therefore no federal review was
necessary especially because
Nunez’ rights were not hurt by
the decision.
“If you look at the four cor
ners of the Nunez opinion, not
one federal authority is cited
and not one federal case,” he
said.
and revealing the identity would
jeopardize the tipster’s life.
Judge Phillip Roan then
threw the evidence out of court
and the Colorado Supreme
Court upheld his decision. Pro
secutors appealed, with the sup
port of the federal government
and the Colorado District Attor
neys Council.
An Adams Countyjudge said
Nunez’ rights would be violated
if he could not learn the identity
of the informant whose tip led
police to search Nunez’ home on
Nov. 7, 1981 and challenge the
truthfulness of the tip.
Prosecutors and civil liberta
rians have been closely watching
the case, one of several Supreme
Court challenges to rules on how
authorities obtain evidence in
criminal cases. The prosecution
of Nunez on heroin charges has
been in abeyance pending the
Supreme Court’s decision.
eral rulings on the disclosurt
the identity of informant.
Bernard said that since;
state of Colorado dted feds
law in making its decision,tli
federal rules of evidence m
prevail. He said the named
informant need notbereveii
if there is no challenge toi
credibility of the law
mem officer whose swornta
mony was used as the source
the search warrant.
Denver Police Sgt. Don De-
Novellis refused, saying the in
formant would not be a witness
at Nunez’ heroin possession trial
Several of the justices ques
tioned the two attorneys Tues
day during the hour-long argu
ments, which were Filled with re
ferences to other state and fed-
"Are you saying that if
informant told police thatti
! ijven day at the homeofNui
te saw him engage in packaji
dope,” said Chief Justice i;
t en Burger, "and thengaveil
information to police and
police used that informatioj
? ;o search the house, and
ound packages of heroin ini
pants, then, well, what's
problem with veracity then"
Cowboy buried atop Deer Mountain
United Press International
COLORADO SPRINGS,
Colo. — The friends of John A.
Mancini laid the Colorado cow
boy to rest Tuesday as he had
wished, dressed in his stove-pipe
boots and blue jeans, pipe in
hand, and dropped into a
“crack” on Deer Mountain.
Mancini’s funeral procession
left a Colorado Springs funeral
home at midmorning and made
its way by car 50 miles to the
mountain near Lake George.
His plain wooden casket was car
ried the final distance up to a
rolling meadow through deep
snow on a horse-drawn sleigh.
“I’ll ride horseback into the
gravesight,” said Bert Reissig,
supervisor of Swan-Law Funeral
Home. “By court order I have to
accompany the body.”
Reissig said grave diggers
during the past few days blasted
through rock and frozen dirt to
form a six-foot regulation grave
— which Mancini called a
“crack” — at the Deer Mountain
site.
Reissig said the gravesite is a
pleasant spot.
“It’s not a steep climb,” he
said. “It’s flat meadow land
going up there, and it turns into
a small valley. I’ve got a ranch in
Woodland Park. I think I’d like
to be buried there.”
Mancini, 58, died of a stroke
Jan. 8 at a Colorado Springs hos
pital. His ex-wife, Patricia Bow
er, and son, Bob, 15, both of
Wheatland, Wyo., claimed the
body, dressed it in a business
suit, and arranged for burial at
Fort Logan National Cemetery
south of Denver.
But several of Mancini’s
iriends, recalling his love for
Deer Mountain and his desire to
be buried there, Filed a petition
with Fourth Judicial District
Judge Richard Hall. Hall post
poned the scheduled burial until
a hearing could be held.
At the hearing, statements by
Mancini’s relatives indicated
Mancini had suffered bouts of
mental instability and delusion
about his cowboy past.
Hall, however, eventually
sided with Mancini’s friends,
who maintained firmly that
Mancini was indeed the cowboy
he always claimed to be. Hall
ruled burial on the mouffli
was “consistent with his (Mi
cini’s) lifestyle itself, and iii
understandable and approp
ale expression on his part
The judge said he was I
only satisfied the wishes o(
decedent were made den
known, I do not find tho
wishes were the result of met
incompetence.”
Diane Payton of Colon!
Springs, one of the friends*:
pressed for the mountain bun
said no headstone will b<
on the grave. It will be
only by a pile of stones.
“That’s the way John want
it,” she said.
Juniors, Seniors
Guatemalan guerrillas attac
police stations, 14 wounded
Grad, Vet, Med
students
United Press International
Get your picture taken
on-campus at the
GUATEMALA CITY —
Heavily armed guerrillas car
ried out simultaneous attacks on
five police stations in Guatemala
City, wounding eight officers
and six passersby, government
ofFicials said Tuesday.
According to police offia
the several actions took placti
The unidentified guerrilla
group Fired machine guns and
threw fragmentation grenades
at the police stations.
fast the police did noteventa
time to return fire. Thealiai
ers fled in several vehicles,
thorities said.
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