Judge Denies Poindexter Case Mistrial : Iran-Contra: Witness blurts out evidence from defendant’s immunized testimony to Congress. But jurist notes that North covered same ground.

A federal judge denied a defense motion for a mistrial in the John M. Poindexter case Monday despite a lapse in which a prosecution witness blurted out unacceptable evidence on the witness stand.

The trouble began as prosecutor Dan K. Webb was questioning Rep. Lee H. Hamilton (D-Ind.), the former chairman of the House Intelligence Committee, about a meeting that the committee had with Poindexter in November, 1986. At the time, the intricate schemes of the Iran-Contra affair had already begun to unravel.

Hamilton testified that Poindexter did not tell the congressmen that the Ronald Reagan Administration had sold Hawk missiles to Iran a year earlier as part of a deal aimed at gaining the release of American hostages in Lebanon. Nor did he tell the committee in 1986, Hamilton testified, that President Reagan had signed a “finding”--or justification--covering the arms shipment.

Prosecutor Webb then touched delicate ground. “Did you have any conversation ever with John Poindexter where he told you he destroyed the signed finding?”

“Yes,” Hamilton replied quickly, “he did.”

An associate at the prosecutor’s table leaped up to stop Webb from pursuing the matter any further, but it was too late.

Hamilton was obviously referring to Poindexter’s televised testimony in hearings before the House Intelligence Committee in July, 1987, long after the affair had become the worst scandal of the Reagan Administration. Poindexter’s testimony at that time was given under an immunity agreement that prohibited the later use of anything he said at those hearings.

Defense attorney Richard W. Beckler then demanded a mistrial, pointing out that Hamilton had been instructed not to disclose anything said at the 1987 hearings.

But Judge Harold H. Greene dismissed the motion, saying the lapse was not harmful. He pointed out that witness Oliver L. North had testified last week that Poindexter tore up the finding in November, 1986.

Beckler had a troublesome day in his own questioning of Hamilton. He bogged down on points that did not seem clearly directed to the case. When he tried to establish that the Iranian government does not hold any hostages, Judge Greene stopped him.

“I have listened to a lot of stuff from you, Mr. Beckler,” the judge said, “and half of it has been irrelevant.”

Beckler annoyed the judge even more when he seemed to be trying to induce Hamilton to agree that there is a natural conflict between Congress and the President, and thus it is normal for one side to withhold information from the other.

“This court and this jury does not sit in judgment on the President of the United States or the Congress,” Greene said. The only issue that mattered, he said, was whether Poindexter, as charged, had been involved in a conspiracy to obstruct and lie to Congress.

“I don’t want you to be under the impression that this court is going to hear a lot of testimony about who’s wrong and who’s right between the Congress and the President,” he went on.

Webb, in further questioning of Hamilton, brought the issue back to obstruction and lying. Hamilton said some members of the House Intelligence Committee had been disappointed with their November, 1986, session with Poindexter because he spoke so long that there was no time to question him.

“A few of the members complained about the admiral’s filibuster,” Hamilton said.

Then Webb asked Hamilton if he agreed that “neither John M. Poindexter nor Oliver North had a right to lie to Congress?”

“The system simply doesn’t work if we lie to one another in government,” Hamilton replied.