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- NATION, Page 20A Big Break For Ollie
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- Will a court ruling mean that North goes free?
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- The ghost of the congressional Iran-contra hearings has long
- hung over the cases of key figures in the scandal. Last week
- the ghost was haunting the prosecutors of Oliver North. A
- three-member appeals court in Washington overturned one of
- North's three convictions. The court sent the other two back
- to federal Judge Gerhard Gesell for him to determine whether
- North's testimony at congressional inquiries into the scandal
- had in effect been used against him by the grand jury that
- indicted him, by the staff of independent counsel Lawrence
- Walsh or by any of the prosecution's 29 witnesses. Such tainting
- could mean a new trial or the dropping of all charges against
- the former National Security Council aide.
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- The judges threw out North's conviction for destroying
- government records, ruling that Gesell had made two mistakes
- in instructing the jury; both were highly technical. More
- broadly, the panel found that Gesell should have held more
- extensive pre-trial hearings to determine whether the evidence
- to be used during the actual trial had been "tainted" by
- witnesses' recollections of North's congressional testimony,
- for which he had been granted immunity. Gesell was ordered to
- conduct hearings "witness-by-witness" and "if necessary,
- line-by-line" that, said the majority, might "consume
- substantial amounts of time, personnel and money, only to lead
- to the conclusion that a defendant -- perhaps a guilty
- defendant -- cannot be prosecuted."
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- The unexpected reversal came from two Reagan appointees,
- judges David Sentelle and Laurence Silberman. A strong dissent
- came from Judge Patricia Wald, a Carter appointee, who
- insisted, "North received a fair trial -- not a perfect one but
- a competently managed and a fair one."
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- It is now up to Walsh to decide whether to appeal to the
- full circuit court, take his case directly to the Supreme Court
- or go along with the tedious hearings. If they are held, Gesell
- will have to determine if North's other two convictions, for
- obstructing Congress and accepting an illegal gift, should also
- be dropped. Whatever Gesell decides, the ruling raises a
- troubling question about the congressional probes of the
- scandal: Did the lawmakers' haste to hold sensational hearings
- guarantee that the culprits would go unpunished?
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