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New Braunfels Herald-Zeitung (Newspaper) - May 23, 1985, New Braunfels, Texas By DEBBIE DaLOACH Staff writer wont get Port controversy 207th District Judge Robert Pfeuffer said he would be stepping out of bounds to hear a defense attorneys motion for a new murder trial for David Jack Zimmermann the attorney wants me to hear the motion if the judge down there But I think that would be out of bounds on my part to do Pfeuffer said I really should have nothing to do with unless someone can prove otherwise to Earlier this 179th District Judge McMaster also said he would not rule on a motion for a new because Zimmermann filed the request too Mc Master presided over the Port which was moved here last March on a change of venue from Harris Zimmermanns motion contends McMaatef was not qualified to hear the Port case as a state district because he had violated state law by living outside his The motion asks that Ports 75year murder sentence decided by a Comal County jury be found null and and that Port be released from prison im State law does require a judge to live in his or her jurisdiction at least two years prior to election and while in was convicted in the June shooting death of 23yearold mail carrier Debora Sue The judges residency violation was first alleged in a copyrighted story by a Houston television which said McMaster has lived in Galveston County since late Playoff Scoreboard I EdcouchElsa Unicorns 0 Fridays games who was reelected in November then listed his address as a Seabrook ship dock in Harris County where he has a Records also show McMaster and his wife bought a plot of land at the Omega Bay subdivision in Galveston County in August The television story was followed by a civil suit filed by Harris County District Attorney John Holmes against The civil petition alleges McMaster had abandoned his Harris County residence at least by April and requests the 179th District office be declared vacant as of that Pfeuffer said the civil suit could be decided sometime next week in Harris County by a visiting Amarillo who is expected to hear the On the criminal side of the Port was convicted on March Under state a request for a new trial must be filed within 30 Pfeuffer said McMaster determined the motion was not filed in and had simply refused to rule on it without getting into the motions He doesnt have to rule on the if he finds it was not timely Pfeuffer But Zimmermann contends the question of McMasters authority and residency did not arise until the 30day period had and has asked the 207th District Court to grant him an evidentiary hearing on his amended motion for a new I really have nothing to do with Pfeuffer Some appellate court will ultimately have to decide the validity of the Port not EdcouchElsa at 8 Pace at atJudsonHigh New Braunfels Herald New Texas Thursday May 25 Cents 18 Pages 2 Sections Suspect jailed in kidnap case By DANA OVERSTREET Staff writer A New Braunfels pharmacist suffered cuts and bruises after he was abducted and beaten by a hit chhiker he picked His ordeal lasted four hours and ended with the suspects arrest an hour A man identified as Jack Kelly was charged with aggravated kidnapping and remains in San Saba county jail under He was arrested on a San Saba ranch after being surrounded by lawmen from two According to Texas Ranger John Waldrip of Eldon Thomas of Boerne was on his way home Monday when he picked up the hitchhiker on Texas At one point near the hitchhiker forced Calk to pull off the road into a wooded area where he beat Waldrip He the hitchhiker pulled a knife on beat and robbed The men returned to the truck and drove through Johnson City and then on to Llano It started Out in New and wound up in San Saba Inside Water Watch Comal River down 4 Canyon down 128 Canyon Dam same Edwards down Canyon Lake down Weather It will stay partly cloudy and warm through tomorrow with daytime highs in the midBOs and overnight lows in the Yesterdays high was 85 and this mornings low was Sunset tonight is at and sunrise tomorrow will be at NBA rematch Boston and Los Angeles put away their NBA seminfinal op ponents setting up a rematch of last years cham pionship The Celtics nipped while the Lakers routed the in juryriddled Denver 153 Details in CANYON LAKE 5A CLASSIFIED 58B COMICS 4B CROSSWORD 3B DEARABBY 3B HOROSCOPE 3B KALEIDOSCOPE 15B OPINIONS 4A SGRAPBOOK SPORTS STOCKS 3A TV LISTINGS 4B WEATHER Waldrip The truck ran out of gas just out side of which is 15 miles north of After the hitchhiker jumped out of the truck and ran into a Calk called the police from a nearby Waldrip We notified all the people in the you to take their keys out of their Waldrip Two ranchers had gone over to check on an elderly lady who doesnt have a phone and they saw him crossing the They held the man at gunpoint until a nearby deputy It was about 9 There was a deputy within a couple of hundred Waldrip We had several lawmen out Calk was treated for cuts and bruises and released from a Llano Waldrip said that although the kidnap suspect claims to be Jack authorities are uncertain of his Were not sure he looks to be about Waldrip He had no identification on him and hes not very Septuplets make progress AP Doctors say they are optimistic about the chances of survival for the six remaining Frustaci the smallest a boy nicknamed Peanut because he weighs only a The twodayold four boys and two struggled for life as doctors treated them Wednesday for lung and liver problems and an ailment that flooded their lungs with We still feel optimistic about the survival of all of these said Carrie director of newborn intensive care at Childrens Hospital of Orange They are holding their There are no See Page IOA Lorenzo Camarillo inspects the jails recording equipment LESLIE KRIEWALDT HERALD ZEITUNG Jail move to begin By LILLIAN THOMAS Staff writer Commissioners inspected the administrative portion of the jail this morning and were set to accept it in todays Once the administrative area is the way is cleared for the Sheriffs department to begin moving Also the computer contractor and any other separate contractors still working will have a free hand to complete their work in this If the building is Sheriff Walter Fellers the teletype machine will arrive today and my people will be over here 8 tomorrow Only the jailers and prisoners will stay in the old The Department of Public Safety allows only one teletype machine in operation at any law enforcement When the new machine it is turned on and the RCA teletype machine on loan to the sheriffs department in the old jail must be turned Still only roughed out was the area that criminal investigation will oc Architect Chris DiStefano and his onsite inspector Buddy Vogler along with representative of the general contractor led the tour of com missioners minus county judge Fred Clark and reporters around the administrative portion which already had furniture in DiStefano said that later this morning he planned to conduct a smoke test on the administrative portion which will check the ven tilation in those The tour also included a look at the secured section which was still being painted and but might be a week or two away from When I saw this last week I didnt think it could be done in another week or but already they have made a lot of Commissioner Monroe Wetz said while touring the jail Sheriff Walter Fellers was to ask commissioners for an additional four jailers and a transport person to open the jail with in todays Wage debate Teenage unemployment sparks wage cut plan WASHINGTON AP With summer less than a month the chairmen of the House and Senate labor committees are at odds over whether to try a teenage sub minimum wage to help curb an percent youth unemployment Senate Labor Committee Chair man Orrin said Wednesday the situation is so desperate that lower wages should be tried at least on a threeyear trial House Education and Labor Committee Chairman Augustus agrees the situation is but says a wage would only throw the youthsto the where they would be exploited in the adult job Both hoping to pass a teen employment bill by mid opened hearings Wed nesday to begin public debate on their At the hearing before Hatchs Labor Secretary William Brock said hes uncertain that a subminimum summer wage of an hour for teenagers will open more jobs to but he believes youth unemployment is so high the idea deserves to be At that and at another before a House labor opponents of the wage called it an insult to teenagers that would result in their I never thought Id see an ad ministration try to turn back 100 years of advances fox working people and relative labor peace and return to the days of the Chicago Mayor Harold Washington told the But Washington Mayor Marion president of the National Conference of Black told the Senate Labor Committee most members of his organization support the subminimum wage because a job paying an hour beats no job at Brock presented charts to the Senate panel showing the teenage jobless rate to be percent percent for and percent among This is a problem that threatens our economy and our the labor secretary Teenagers who cannot gain the work experience in the first place are often destined to drift into a netherworld of lifelong and from which they will not See Page IOA Texas appeals court backs ban on sexual devices AUSTIN AP State law banning the sale of sexual devices is not an unconstitutional in fringement of the rights of people who want to use the Texas Court of Criminal Appeals has In a 63 Wednesday the court said such devices are more like obscene material than con Courts have said states can bar the sale of obscene but cannot regulate the sale of Judge Tom Davis majority opinion for the Court of Criminal Appeals said the ban on the sale of sexual devices is a legitimate effort to protect the social in terest in order and But a dissenting judge said the majority failed to understand the importance that human sexual devices play in our present Judge Marvin league said it is common knowledge that sexual problems can cause depression and It is also common knowledge today that trained experts in the field of human sexual behavior use sexual aids in their endeavors to cure their male and female patients sexual he State law does not bar possession of such but it is illegal to sell A Houston man convicted of intending to sell artificial male organs argued that the ban on sales infringes on the right to possess Sex and obscenity are not Judge Sam Houston quoting a Supreme Court said in a The constitutional right to See Page IOA
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