Court Refuses to Reconsider North Decision

A federal appeals court today refused to reconsider its decision setting aside former White House aide Oliver L. North’s three Iran-Contra felony convictions.

The U.S. Circuit Court of Appeals denied a petition by independent counsel Lawrence E. Walsh that the 12-member court rehear the case decided July 20 by a split three-judge panel.

The decision sends the case back to U.S. District Judge Gerhard A. Gesell, who must hold a hearing to determine if the 1987 testimony North gave Congress under a limited grant of immunity from prosecution had unfairly seeped into the trial.

Walsh will probably appeal today’s decision to the Supreme Court, an action that will delay the lower court hearing if the justices agree to consider the case.

Walsh issued a statement today saying: “We appreciate the extended consideration that was given to our petition for rehearing. We are studying the opinions and in all probability will petition (the Supreme Court) because of the importance of the questions involved.”

In its July 20 decision, the three-judge panel set aside the three convictions pending such a hearing by Gesell. It also reversed outright one of the convictions, ruling that Gesell had given improper jury instructions on two points.

North was convicted of helping to prepare a false chronology of the Iran-Contra affair for Congress, altering or destroying National Security Council documents and accepting an illegal gratuity--the installation of a security fence outside his home.

Gesell placed the retired Marine lieutenant colonel on probation, fined him $150,000 and ordered him to perform 1,200 hours of community service.