University Daily Kansan / Thursday, April 9, 1992
11
Noriega trial in deadlock; judge tells jury to try again
The Associated Press
MIAMI — Manuel Norigea its jurors declared themselves deadlocked yesterday, but the judge in the ousted Panamanian leader's drug trial told them they must try again to reach a verdict.
Lester Spencer, jury foreman,
wrote a note that blamed one hold-
out juror for the impasse.
The note said one of the jurors had made up their mind before ever reaching the jury room.
"We are deadlocked. We feel we are wasting time."the note said.
U. S. District Judge William Hoeveler pleaded with the jurors to return to the jury deliberation room and listen to each other. Jurors then resumed their fourth day of deliberations.
Jurors appeared somber during the discussion, but laughed when Hoeveel told them: "Let me tell you, you are not going home today."
Hoeveler has called a hung jury his biggest nightmare.
On Tuesday,when jurors first indicated they had a problem,
Hoeveler told jurors they did not have to agree on every count.
Spencer had written a note to the judge Tuesday asking if jurors had to agree unanimously on each count to return a verdict of guilty. He also asked if there were options other than finding Noriega innocent if jurors could not agree on a count.
In a subsequent hearing, Spencer said the jurors wanted guidance on what to do if deliberation dragged on for days without a unanimous verdict.
In his comments to the jurors Tuesday, Hoeveler encouraged them to try to reach a decision on each count. But he said the verdicts need not be the same for all 10 drug and racketeering charges and that a deadlock on one count would not mean a mistrial in the whole case.
"If you can't agree on any particular count, you can't agree on it," said the judge. "We will declare a mistrial on that particular count."
Norigea faces a sentence of up to 169 years in prison on the 10 counts remaining in his 1988 Miami indictment.
Federal agencies want cleanup of nuclear sites
The Associated Press
ROCKVILLE, Md. — The Nuclear Regulatory Commission demanded speedier cleanup of 46 severely contaminated nuclear sites yesterday, complaining that the effort had lagged for years.
Owners of the facilities, which range from landfills to factories that once produced nuclear materials, could face fines or future license restrictions if they don't comply. Most of the sites are closed.
Separately, an Environmental Protection Agency study estimated that 45,000 locations nationwide may be contaminated.
In most locations, this contamination is at very low levels, barely above background radiation, but in other cases, such as at federal weapons facilities, it involves highly radioactive wastes, said officials who have reviewed the EPA study.
The eight-month study, which is to be presented today at a Senate hearing, is the first attempt to assess radiation pollution nationwide so new standards for cleanup may be developed.
The NRC action focused on a small number of locations where the radioactive contamination from past nuclear activities has been known for years.
Robert Bernero, director of the NRC's Office of Nuclear Material Safety and Safeguards, said the sites did not pose an immediate health threat because they were not open to the public, but that they represented a long-term environmental hazard that needed to be cleaned up.
He said that in many of the cases the owners were dragging their feet or refused to acknowledge responsibility.
Bernero said the NRC had selected the 46 sites from 36,000 locations the agency had surveyed. He estimated that of the larger number, fewer than 75 eventually would require the kind of decontamination plan the NRC called for yesterday.
The 46 sites singled out by the agency include portions of factories once used to make nuclear fuels, medical and industrial facilities, and waste dumps.
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