New Braunfels Herald Zeitung, March 28, 1985, Page 10

New Braunfels Herald Zeitung

March 28, 1985

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Issue date: Thursday, March 28, 1985

Pages available: 56

Previous edition: Wednesday, March 27, 1985

Next edition: Friday, March 29, 1985

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Publication name: New Braunfels Herald Zeitung

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All text in the New Braunfels Herald Zeitung March 28, 1985, Page 10.

New Braunfels Herald Zeitung (Newspaper) - March 28, 1985, New Braunfels, Texas 10A New Braunfels Hera\d-Zeitung Thursday, March 28,1985Priest— Abortion hearing exposed fetus' pain SAN ANTONIO (AP) - A district judge’s decision clearing the way for a 19-year-old woman to have an abortion — despite her estranged husband’s objection — proved a two-edged sword on the controversial issue, a priest says. Sherrill Smith, director of pro-life activities for the archdiocese of San Antonio, said he was not surprised at Judge Peter Michael Curry’s decision Wednesday. After a three-hour hearing, Curry dissolved a restraining order and refused to bar Kim Hayes from having an abortion. Her estranged husband Keith Hayes, 28, had won a restraining order last week halting the termination of the pregnancy until Wednesday’s hearing. “The law is on the other side — the woman has a right to an abortion and the husband has no standing,” Smith said. But the priest said he was encouraged by the hearing because “we got a lot exposed.” Smith was referring to testimony from pediatrician Dr. Ricardo Riojas, who described in some detail the abortion process and said the unborn child suffers pain in the procedure. Mrs. Hayes had not had an abortion by late Wednesday, her attorney Ramiro Estrada Jr. said. Estrada said he thought the procedure likely would be performed today. Curry, in making his ruling, said, “I don’t want to be put in the role of murderer of a child. But I’m a believer in the constitution of the United States. “Accordingly, I can’t see how I have the right to prevent this lady from having an abortion. I don’t see how Mr. Hayes has that choice,” he said. Mrs. Hayes testified she married Hayes last October and they separated in January. She discovered she was pregnant in late February. “His morals may not be the same as mine but that doesn’t give him the right to dictate to me what I’m going to do,” she said. Mrs. Hayes admitted she had tried to have an abortion Tuesday, but the procedure was halted twice because doctors were given copies of the restraining order. Hayes testified he did not “believe in killing an innocent baby. Ifs my child as well as hers. I helped create it. “The baby should not be killed because she wants to get even. I tried to reason with her that the killing of our baby was plain outright murder,” Hayes said. Under cross examination, Hayes admitted he had been convicted of rape in 1979. He said the case involved an ex-wife he was living Sanctuary workers get reduced sentences BROWNSVILLE (AP) - A federal judge today reduced the sentence of a sanctuary movement worker convicted of illegally helping Salvadoran Refugees from one year in prison to 150 days in a halfway house. Jack Elder, 41, the director of Casa Oscar Romero, convicted on six counts in Houston last month, had refused two years’ probation and was sentenced to one year in prison Wednesday. But U.S. District Judge Filemon Vela agreed to reconsider the sentence following consultations with defense and prosecution attorneys. Vela ruled today that Elder would serve the reduced term in a halfway house to be determined later. Elder’s attorney, Steve Cooper, had asked that the sentence be reduced to 90 days because Elder was a first-time offender. Vela asked Elder if that meant he did not want probation. “You understand that you don’t have to do that,” Vela said before imposing the modified sentence. “You understand that ifs your choice.” Cooper told Vela that Elder would prefer going to jail instead of serving a probated term that would restrict his activities in the sanctuary movement. Elder hugged his wife, Diane, and left the courtroom with her and Stacy Lynn Merkt, another convicted sanctuary worker. About 75 supporters of the sanctuary movement began clapping after the sentence was announced. “I feel great,” Elder said after the hearing. “The sentence was probably fair. I assume right now that I’d be in custody.” . Ms. Merkt, 30, a volunteer at the shelter, was sentenced to 179 days in prison Wednesday for her conviction of conspiring to help the Salvadorans enter the country illegally. The judge also ordered her to serve concurrently 90 days on a similar conviction last May. Vela revoked her two-year probated term on that conviction Tuesday, ordered her to move out of the shelter and not to speak with reporters. Ms. Merkt is appealing her conviction. Elder was freed after the hearing. Elder had been sentenced to one year in prison Wednesday after he rejected terms of a two-year probated sentence that Vela had offered. To receive probation, Vela said Elder would have to move out of the Catholic Church-sponsored shelter in San Benito and not speak publicly about the sanctuary movement. “I am a person who agrees with the sanctuary movement, but I’m going to reassure people that the integrity of the legal system will be preserved,” Vela told Ms. Merkt and Elder Wednesday. Sanctuary movement workers argue Salvadorans are political refugees entitled to asylum because they fear persecution in their war-ravaged homeland. Federal authorities, however, argue that the Salvadorans are coming to the United States strictly for economic reasons. They also deny that sanctuary movement workers are being singled out for prosecution. At a news conference after the sentencing, Bishop John Fitzpatrick of the Brownsville said work at the shelter will continue. “I am proud of Jack and Stacey and those who lay their reputations and lives on the line to protect, nourish and care for the poor of other nations who seek nothing more than the same opportunity our refugee forefathers sought and obtained during the past two and more centuries,” he said. “Casa Romero will continue to operate as it has in the past — to feed, clothe, nourish and give hope to refugees from Central America.” Before her sentencing, Ms. Merkt told Vela, “It is for my beliefs that I am convicted.” Vela responeded, “I admire your motivation. I have nothing but respect for you.” Prices in effect March 28-30 Copynght 1965 TG»Y Stores Co Garden Centers with at the time. Hayes’ attorney Dave Rogers said allowing the abortion would be a violation of Texas’ family code, which outlaws family violence. Rogers said the court did not have to go so far as the constitutional issue of whether the woman has the right to terminate her pregnancy without the consent of the father. American Civil Liberties Union attorney Gerry Goldstein, who represented Mrs. Hayes, said the Supreme Court had tossed out a Missouri law requiring the husband’s consent. Items Available At TG&Y Family Centers Listed Below Only. While supplies last. Sorry, no ralnchecks. A HOUSEHOLD INTERNATIONAL COMPANY Ortho 2.99 Ortho W#ed-B-Oon kills lawn weeds Trigger bottle 24 oz Reg. .9* Tomato Cages Strong Metal Construction Stock up Now! Lawn Food keeps your yard healthy and green 20 pound bag Lawn Chair Chaise Lounge Cosco Trim-All® Electric Trimmer makes yard work easy. Tap the head on the round and the Tap-to-rlm feeder provides more cutting line The Cosco Trim-All Electric Trimmer has a 9' cutting swath for simple yard work Features Vs HP motor. 25 feet of cutter line and handy assist balance handle for two-handled operation 3 ways to relax at one low price 99.99 869.99 Reg. 969.00 Save S100 Dynamark Riding Mower Has 11 H.P. Briggs & Stratton Engine for powerful cutting action. Engine 5-speed transaxle, full floating cutting deck and side discharge. 3-Rfece Redwood Choise Grouping includes one chaise with arms and two matching chairs with comfortable vinyl cushions Genuine California ‘388BV070 set Redwood. 2.99 Lawn Edging acts as a retaining wall for lawn and garden 4*x2(f Items Available At These Locations Only: • Georgetown 908 N. Austin Ave. • Seguin 1459 E. Court • Taylor 3114 N. Main • Brownwood 519 W. Commerce • Copperas Cove 201 Westpark Shopping Center • New Braunfels 151 Interstate Hwy. • Lampasas 409 Plum St. • Belton 2180 N. 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