Tuesday, December 9, 1986AThe Battalion/Page 13
Supreme Court to decide
if child-abuse defendant
may see victim questioned
r all Street prices close
lixed following late surge
JEW YORK (AP) — Stock prices,
Jh lagged for most of Monday’s
■on, closed out the day mixed in
ling that was boosted by a strong
ond market performance and some
pmputerized program buying, ana-
paid.
late positive developments
amid continued profit-taking
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after Tuesday’s 43.03-point gain and
an undertone of concern over the in
sider trading scandal and the Ira
nian arms imbroglio, they added.
The Dow Jones average of 30 in
dustrial stocks closed at 1,930.26, up
5.20 from Friday.
But declining issues outpaced
gainers on the New York Stock Ex
change by more than 4-to-3.
WASHINGTON (AP) — The Su
preme Court said Monday it will de
cide whether a person charged with
sexually abusing a child must be al
lowed to attend pretrial hearings in
which the child is questioned.
The court will review a ruling that
threw out a Kentucky man’s sodomy
conviction because he was excluded
from a hearing held to determine his
alleged victims’ competence to testify
at trial.
The Kentucky attorney general
says the ruling, if upheld, could in
crease “traumatization and intimida
tion of child victims by the criminal
justice system.”
In other matters, the court:
• Agreed to consider killing a
lawsuit against the government by a
former Army sergeant who was
given LSD without his knowledge 28
years ago in secret chemical welfare
tests.
• Voted to decide, in a case with
millions of dollars in consumer sav
ings at stake, whether the govern
ment must stop allowing the impor
tation of some foreign merchandise
bearing U.S. trademarks.
• Rejected the appeal of a Loui
siana family trying to change from
“colored” to “white” the state’s offi
cial racial listings for two deceased
family members.
• Agreed to use a Wisconsin case
to decide whether probation officers
need a court warrant before they
search the homes of people on crimi
nal probation.
• Let stand a $26,500 invasion-
of-privacy award against a Green
ville, S.C., newspaper for an article
that correctly identified a teen-age
boy as the father of an illegitimate
child.
• Said it will judge the validity of
how eligibility is calculated for bene
fits under the federal Aid to Families
with Dependent Children welfare
program.
In the sex-abuse case, Sergio
Stincer was accused of sodomizing
three young children in Christian
County, Ky., in October 1983.
Prosecutors said Stincer sexually
abused two sisters, ages 8 and 7, and
a 5-year-old boy after the children’s
mothers left his home to shop for his
birthday party.
His conviction and 20-year prison
sentence were overturned by the
Kentucky Supreme Court, which
ruled that Stincer’s fair-trial rights
were violated because he was ex
cluded from a pretrial hearing in
which the two little girls were ques
tioned.
The state court said the exclusion
denied Stincer the right to confront
his accusers.
“The competency hearing was a
crucial phase of the trial and
(Stincer) had an absolute right to be
present and be represented by coun
sel,” the state court said.
In appealing the state court’s rul
ing, Kentucky Attorney General Da
vid Armstrong said courts in four
states — Arizona, Illinois, Minnesota
and New Mexico — have ruled that
defendants do not have to be al
lowed to attend competency hear
ings in such cases.
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