Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, March 21, 1990                   TAG: 9003212044
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A2   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                 LENGTH: Medium

JUDGE REJECTS MOTION TO ACQUIT POINDEXTER

Poindexter's lawyers said they would begin playing seven hours of videotaped testimony from Reagan today in an effort to bolster their client's defense. Poindexter is accused of obstructing and lying to Congress to cover up the Iran-Contra affair.

Greene said evidence garnered from 10 witnesses called by the prosecution in its 7 1/2-day presentation against Poindexter suggests he adopted false information "designed to obstruct Congress."

Poindexter "sent Oliver North to meet with" the House intelligence committee, where North lied by denying he was assisting the Contras militarily, the judge said in rejecting the motion for a acquittal.

There is evidence that the "defendant destroyed" a presidential finding as well as "5,000 . . . notes" in his computer on the Iran initiative, said Greene.

In addition, the judge said, the jury has heard evidence that "Oliver North got permission from Admiral Poindexter to check out and cover up" five memos showing North's military assistance to the Contras.

Poindexter attorney Richard Beckler told Greene there is no evidence Congress had inquiries pending at the time Poindexter supplied information on the Contras and a November 1985 shipment of Hawk missiles.

In urging acquittal, Beckler said that although Poindexter's destruction of a presidential document on the Iran initiative is "the epicenter" of the government's case, the destruction of the document is never mentioned in the indictment.

Greene replied that it isn't necessary for the document, a presidential finding, to be mentioned in the indictment.

Poindexter is accused of covering up the U.S. role in the 1985 missile shipment and North's secret Contra resupply operation. He is charged with conspiracy, two counts of obstructing Congress and two counts of making false statements.

Iran-Contra prosecutor Dan Webb said there is "overwhelming evidence" to proceed with the five criminal charges against Poindexter.

"People like Admiral Poindexter who engage in conspiracies ordinarily don't speak out, . . . don't discuss what they are doing," Webb said. He asserted that a trail of documents shows that Poindexter conspired, obstructed Congress and made false statements.

The prosecution's final witness, Senate staff member Eric Newsom, testified that "it did seem strange" how little Poindexter said he knew about the missile shipment when questioned a year afterward by members of Congress.

The defense's first witness, former White House lawyer Dean McGrath, said on cross-examination that he "wouldn't have cleared" letters signed by Poindexter if he had known they were false.

The letters embraced statements made the previous year by Robert McFarlane denying that North was raising money for the Contras or assisting them militarily.

"You would have . . . stopped" the letters ultimately signed by Poindexter if they were false? asked prosecutor Louise Radin.

"I would have tried to," replied McGrath.

The government's primary witness was North, who testified with evident reluctance for 3 1/2 days against his former boss.