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New Braunfels Herald-Zeitung (Newspaper) - November 14, 1993, New Braunfels, Texas IN SPORTS DAY Its Canyon over Oasfrop for BiOisfnct championship P 94 SUNDAY COUNTDOWN 399 DAYS New BraOrifels Sesquicentennial March March INSIDE 4A Sports Birthday wlshesl The New Braurtfets Herald Zeitung extends the following birth day wishes John Madden Clare Peterson KathrynCole Andrew Scott Cidelia Saenz Diego Saenz Ruby Truesdill Euphina Alvarez Christe Leyua Minerva Lara Ingrid Barth Farts ChloeDlazt Irene Klein Ted PilcHer Leroy Richardson Hazel Sluga Mary Kay Twite Sylvia Laguncts Martinez belat Gayle Offerman Happy Anniversary to Bruno 3 HeraldZeitung Cheer fund donations sought The New Braunfels Herald Zettungs Cheer fund campaign to provide food for local needy fam ilies is continuing with much suc cess according to Circulation Director Carol Ann Avery Delivery is going to be on Dec 23 starting around she said Well need help in get ting these deliveries made If any one can donate an hour or two to drop off these baskets they should callme duringnormal business hours through the V Avery said that any type of nonperishable food item can be donated as well as money The Cheer fund goal is to assist 200 local families this year Over families have received Cheer fund assistance over the last 1 1 years Avery noted This has been possible due to the gen erosity of the To donate call the Herald Zeitung at 6259144 Crime prevention program set The Garden Ridge Area Wom ens Club will sponsor a crime prevention program at Nov 17 at the Bracken Volunteer Fire Department Community Hall Bracken Fire Chief Glenn Mueller Garden Ridge Police Chief Parus Dudley and a repre sentative from Citizens Against Crime will present information and answer questions about per sonal and property safety The program is open to all area residents Call Evelyn Miller at 6519718 for information Flu shots to be given at Lone Star Flu tetanus and pnuemonia shot will be given at Lone Star Elementary 144 Hidalgo for people ages 18 and up on Mon day Nov 15 from 9 to and also from to The cost of the shots will be S2 For more information call 6205501 Stammtisch The New Braunfels Herald Zeitung invites iff readers to submit items to Stammtisch According to the Sophienburg Archives and members of the German community Stammtisch represents a sitting place for members of the community to gather and share the days happenings We invite you to share with COUGARS LOSE CHIP PARRISH TO INJURY GAM177 BIOISTRICT WIN AMI round ihowdown Canyon will meet the next Saturday for ttie area round iltle Tentative sight Is Texas Kyle Field See 6tofyt Page 9A Autlln 40 Alamo HdghU M 21 Seguln 19 14 Notre Dame Florldi 24 i Cougars quarterback Chip Parrlsh right is out for three week after dislocating his elbow early in the game last night See Page 9A NB CROSS COUNTRY WINS STATE TITLE The New BraunfeU Unlooms paced by aophomore transver Lisa Wettzers first place finish won the Class 4A state cross country title Saturday In Georgetown defeating host Georgetown and Dallas Highland Park for the title Roland Garcia finished seventh In the boys Individual meet Page 9A New Braunfels 75 CENTS Her a Id Z 40 Pagesjn three sections Nov 14 1993 Serving Comal County Home BOEHLE I Vol 141 No 256 Goodbread trial could spell end of controversy HeraldZeituna file photo New Braunfels city councilman James Goodbread has been waiting for several months to find out If he will be allowed to serve a fourth term on the council By JENNIFER ROMPEL Staff Writer A decision on whether or not Council mem ber James Goodbread should be allowed to take and retain his seat on the New Braunfels City Council should be made this week Jury selection in the case will begin at 9 Monday and testimony is expected to begin the same day Both sides are predicting a vic tory The issue is being brought to court because of a lawsuit filed by New Braunfels business man Peter Lingamfelten The lawsuit questions if Goodbread is a qualified candidate for city cpuncil The question arose after an amendment was passed by city voters in May limiting council members to three terms Goodbread has served three terms but contends the amendment was not retroactive A restraining order was put in place to pre vent Goodbread from taking his seat A deci sion was later made by the court that Good bread cannot serve as a holdover candidate until the issue of his eli gibility is resolved I think we will pre said Atanacio Cam pos Goodbreads attor ney When the citizens of New Braunfels listen to the facts they will find James Goodbread should be seated on said there should be no problems in seating a jury for the trial despite the large amount of publicity surrounding the case Officials from John Chunns office who are representing Lingamfelter would not com ment on the case I feel confident I am hopeful it will be a vic said Goodbread The voters made their message clear when they reelected he said He also said he wants the citizens to under stand that he did not file the lawsuit Goodbread said he is anxious for the case to be over and said his family has taken it in It has been a long drawnout ordeal that has benefited no he said Lingamfelter said he believes all parties in the case are looking forward to a resolution on the issue That is why we took it to the he said It has nothing to do with The whole purpose is I want to protect my vote along with the people who voted for term he said As events have evolved I have been inter ested in why so much emphasis has been put on a council persons election and not the will of the he said No one seem to delve into the votes cast for term he said Lingamfelter questioned the reason why someone would vote for term limitations and the council person in question I wonder how they resolve the paradox within their own he said is could be man again Wednesday West Virgina courts findings on Zain throws kink in case of prosecution By ROGER CROTEAU City Editor Jack Warren Davis has served three years of a life sentence for the 1989 murder of New school teacher Kathie Balonis a murder he insists he did not commit And Wednesday Davis could walk out of a New Braunfels courtroom a free man depending on the outcome of a hearing in the 22nd District Court His conviction was overturned by the Texas Court of Criminal Appeals more than a year ago and he has been waiting for a decision on whether he can legally be retried or not His attorney Stanley Schneider will argue Wednesday that trying Davis again would violate the constitutional guarantee against double jeopardy Davis guilt was thrown into doubt after Schneider uncovered evidence that former Bexar County Medical Examiners office investigator Fred Zain mishandled and fabricated evi dence in dozens of cases said piose cutor Ray Taylor Zain who was fired by the Bexar County Medical Examiners office in July worked as chief serologist for a crime lab in West Virginia between 1986 and 1989 The West Virginia Supreme Court Wednesday released a report that calls for the prosecution of Zain for mis handling evidence in that state The West Virginia Supreme Court also ordered new trials for anyone imprisoned on the basis of Zains tes timony calling his conduct a cor ruption of our legal attorney Stanley Schneider said the finding in West Virginia will strengthen his bid to free Davis here It will help he said The reason for it is that no one can say that what he did in this cajse was the hearing set for Wednesday is actually the continuation of a hearing that began in August At that hearing Zain refused to answer questions Schneider said he has only one more witness to call Dr Stone head of the Forensic Science Center in Dallas who audited the Bexar County lab He will be tying all the evidence Schneider said Schneider insists that without Zains testimony there is not enough evi dence to convict Davis and even Tay lor the prosecutor said reasonable minds could differ on Davis guilt Davis was a maintenance worker at the New Braunfels Oaks Apart ments where Balonis was a resident and where she was beaten and stabbed to death in what Taylor called a sex ual Schneider said the key piece of evi dence was a blood stain Zain testified was Davis Wood but which testing by another Bexar County Medical Exam iners Office employee showed was actually the victims blood Taylor said there is still strong evi dence in the case that points to Davis guilt and noted that whatever the out come of Wednesdays hearing the case will be appealed He said Davis was seen coming and going from the victims apartment that he cut his hand allegedly during the assault and that ejaculate was found in his underwear I cant say I am not troubled by the case but I believe he murdered he said If Stanley proves the guy is inno cent and he proves it to me which I do not think will happen I will be Happy because I want to prosecute i the guy who did Emotional end to a greatseason Canyon volleyball ponna Kimum ckSS Parrtermuehl after Friday loss to Austin Westlake In Austin See story photos Police Safe City Commission looking for sign thieves The New Braunfels Police Department and the Safe City Commission are on the look out for the person or persons responsible for the recent theft of several neighborhood crime watch signs in New Braunfels Theft of these signs is a class B misdemeanor and is punishable in the Comal County Court at Law with a fine up to up to six months in jail These signs were paid for and belong to the residents of the neighborhoods from which they were stolen They are not city property Safe City Commission Director Mike Grist said several signs have been stolen in various areas in New Braunfels The cost of the signs is Anyone with information should call the Safe City Com mission at 6082100 or the New Braunfels Police Depart ment at 6082179 Todays Texas Lottery numbers are 2 3 9 10 37 38 Jackpot million
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