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New Braunfels Herald-Zeitung (Newspaper) - June 23, 1993, New Braunfels, Texas WEDNESDAY i I Braves sweep tricounty doublehe CENTS New Braunfels Herald 14 Pages in one section June Serving Comal County Homo of Denlse Aldana Rodriguez I 153 Water STAMMTISCH Best Wishes The New Braunfels Herald Zeitung sends birthday wishes to Cindy Canto Mary Alice Candice Ed Lydia Ann Kevin Dennis Lucille Jason AmoFeltner Happy Anniversary to David and Christine CISD offers defensive driving The Comal Independent School Districts Community Education Defensive Driving taught by Charlie is scheduled far 6 to 10 July 13 and IS in the board room of the CISD Administration For more information or to call 6258576 or 625 Party of the Centuryslated The Comal County Fair Asso ciation Scholarship Fun will hold a 100th Anniversary Gala Party of the Century at the XZbrnal County Fairgrounds on 28 at 7 Tickets are which includes a barbecue dinner and Call a fair director or drover for tickets or 6256916 or 6206632 for more Can You Dig It program set The New Braunfels Parks and Recreation Departments June Natures Way Program originally planned for June 19 has been The Archaeology Can You Dig It will be held June 26 from 10 until All those who signed up for the first date will be registered for the June 26 pro The program is open to youths ages 7 to 13 and has a fee of Preregistration is required and will be taken until Friday at the Parks office at 110 Golf Course For more call the Parks office at Tennis plans mixer The New Braunfels Tennis Association will hold a mem beronly over 18 mixed dou bles mixer June 26 at John Newcombes Tennis Ranch at 1 This event will be and C Enter individually for Pairings will be made as part of the Pairings will rotate within each Entry deadline is June To enter or for more call Suzanne at Cyndi at or Beverly at The New Braunfels Herald Zeitung invites its readers to sub mit items to According to the Sophienburg Archives and members of the German Stammtisch represents a sitting place for members of a commu ntty to gather and share the days We invite you to share with Council votes split decision By GARY CARROLL Editor A special meeting of the New Braun fels City Council Tuesday to discuss and take action on seeking outside legal representation in the lawsuit filed against the city by Peter Lingamfelter resulted in no action being The council adjourned after voting 3 3 on a motion made by Council man Paul Fraser calling for City Attor ney Barry Moore to assist the city in seeking a law firm for the 3 trial aimed at keeping the city from admin istering the oath of office to Council man James Goodbread for his fourth Moore said that it was common prac tice to hire outside representation in such cases and said he felt the city should and could seek out a firm with more experience in the court I am by a trial attor Moore And it is ben eficial to the city to have an experi enced trial attorney in these types of Moore said he recommended out side council due to the turn the case has taken in that council members Ambro sio Butch Benitez and Dan Bremer apparently have opposing view points and have since filed separate When a city resident asked Mayor Rudy Seidel who ultimately would foot the bill for obtaining outside Seidel The City of New According to figures released from the more than Has been spent by the city on the Stale of Texas Peter Lingamfelter v James the City of New Braun et While three council mem bers and Bowers said legal representation was a must in this Benitez and Jan James Goodbread waits for a decision Kennady did not feel like the city should spend the money to defend itself against the The issueiis going to besettled one way or the other and Bremer So why do we have to get involved Bremer said the entire issue should be left to the court to decide and the city did not need to hire additional out side council to represent its Bremer said if it was decided HeraldZoitung photos by JOHN HUSETH councllmember Dan Bremer told Goodbread Tuesday You have no concern for the taxpayers dol Your only concern Is the emotion of the moment and the support of your power that Goodbrend could serve on the lie would be happy and would be the first to welcome him back a the citizens present which Bremer You have no concern for the taxpayers Your only con cern is the emotion of the moment and the support of your power Fraser responded by saying the city should protect itself from the un restrained actions of citizens filing quo warranto actions against the city and the council for trivial It is incumbent upon us as council members to make sure that the citys position in this thing is Fraser So thats why we need to get The council adjourned following a motion by Fraser authorizing Moore to seek out legal representation on behalf of the expressing the legal position of the to protect the inter est of the and to protect the elec tion Bremer and Kennady voted against the motion Bowers and Seidel for the Following the Bremer insisted that Goodbreads eligibility should be determined before allowing him to be involved in council Benitez left quickly and refused to GBRA board puts director on paid leave Tuesday James Arnst named interim director for water authority through next 60 days ByJOHNKASTNER Special to the HeraldZettung In an executive session that lasted nearly seven attor neys and board members for the GuadalupeBlanco River Author ity heard testimony from both sides Tuesday before placing 20 year GBRA General Manager John Specht on a 60day admin istrative leave with pay and ben Specht said he was disappoint ed with the outcome but said he was glad the issue was resolved and that the authority could resume normal GBRA Board Chairman Pat Kelly voiced concern two weeks ago over comments made by Specht that Kelly said were out of denied those Specht opposed the Texas Water Commissions Chairman John Halls handling of the Edwards Aquifer and said Halls actions had given jus tice to San Antonio and not to Mistrial ruled in McBride case Tuesday John Specht Seguin and New The board named James Arnst to serve as acting general man and at the end of 60 days the board will either reinstate Specht or name a new general TASB releases names of candidates for CISD superintendent position By ROSE MARIE EASH Staff WrlUr The names of the Comal Indepen dent School District superintendent candidates were released by the Texas Association of School Boards Tues The candidates are Don Hen Superintendent of Crosby Gene Superintendent of Allen Jerry Superin tendent of Livingston Ron Assistant Superintendent of Alief Bob Superin tendent of Gjhner ISD and Ray Superintendent of Lake Hava su Unified School District in Interviews are scheduled for Thurs Friday and Sunday of this week according to the CISD administration NBPD arrests ice house suspect Tuesday night the New Bwunfeis ent arrested Mark Ed ward connection with the June 6 robbery of jfus tone Swr ta tfbe warrant was issued by Judge David Perkins bond was at New BraynMs Police stopped the suspect Tuesday night and determined poheny was driving a stolen vehicle out of where he was subsequently connected to four additional By ROSE MARIE EASH Staff Writer Here we are dressed up and no place to Those were the sentiments of Wade defense attorney for Kirk Wayne as Judge Charles Ramsay ruled a mistrial Tuesday at Comal County District Court in New The ruling marked the third consec utive time an attempt has been made by the Comal County District Attorneys ofllce to try who was arrest ed and charged for kidnapping and sexual assault in According to assistant District Attor ney Robert a fourth attempt to try McBride will be possi bly on July 16 or 19 in New According to Fisher the mistrial was granted because Judge Ramsay ruled that two potential jurors were inap propriately excused during the jury selection Although Arledge said he had not intended to ask for the when the opportunity was McBride chose to ask for the Judge Ramsay then excused what has now turned out to be the third jury so far in McBrides The judge was trying to see that my client got a fair said Im not so sure an appellate court will let him be tried McBride was originally arrested and charged on for the kid napping and rape of a New Braunfels The first jury was seated in May but District Judge Fred Moon refused to try the case because the indictment has a flaw in it and then dismissed the The flaw referred to wording in the indictment which did not comply with the correct wording in the Texas Penal A new trial date was then set for June that trial was post poned when the date of the alleged offense was found to be incorrect on the On June McBride was re indicted and trial was set for the first week in McBride was convicted and sen tenced to four 99year terms at that In October of 1992 the conviction was reversed when Judge John granted an appeal because blood samples were taken without a search warrant and were admitted as evidence in the trial At that Onion Since caselaw of this state has made it abundantly clear that blood cannot be seized from an incarcerated nonconsenting defendant tluough an order granting some kind of This is old not new and should be known to every prosecutor in Fisher confirmed the mistrial ruling but had no further For advertising or news call 6259144
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