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New Braunfels Herald Zeitung Newspaper Archive: November 8, 1995 - Page 6

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Publication: New Braunfels Herald Zeitung

Location: New Braunfels, Texas

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   New Braunfels Herald-Zeitung (Newspaper) - November 8, 1995, New Braunfels, Texas                                6 A a HerakiZeltung o Wednesday November woman sentenced in tamoerini By SUSAN FLYNT ENGLAND Staff Writer A Canyon Lake woman Pamela Board was sentenced last Wednesday after a felony con viction of tampering with a witness Betty Crist The trial followed a string of incidents dating back to a 1993 dogatlarge case Board 48 will not have to spend more rime in jail for this conviction As part of a sentencing agreement a twoyear sentence in the state prison was reduced to four years probation Pamela convicted for harassing witness in federal lawsuit 4 I She also however wad given credit for Thats what I believe the case to be time served which more man equals the 60 Waldrip said days pay a fine She was also sentenced t and serve 120 hours of community service Board was indicted foil harassing Crist because of an affidavit Crist gave The affi davit was filed when Board tried a federal law suit against Comal County and other defen dants in March 1995 said Cib Waldrip assis Arledge said The two 1994 cases would help show Boards state of mind when she filed the federal cases from October and December lawsuit and when she wrote the letters to Crist 1994 were dismiwed as a part of the sentencing We didnt present any defensive evidence agreement Waldrip said and a protective order we just closed the Arledge said The defense plans to appeal the tampering conviction he said to decide whether that other evidence should have been w ocuuf cuiu a plutCvUVC UlUCT was issued to keep Board from further harass ing Crist r uamsiniviarcn iyyj saiQLio waionp assis Board was sentenced to serve 60 days in the tant district attorney and prosecuting attorney in the case charges Dismissed as part of court agreement Pamela Board was no stranger to Comal County law enforcement between her 1993 dogatlarge con viction and last weeks conviction for tampering with a witness She also ran unsuccessfully against Justice of the Peace Curly Smith in tSe November 1994 election from both of the follow irig arrests were dismissed as part of last weeks sentencing agreement Shes spent some time in jail said Assistant District Attorney Dib Waldrip Board went to the courthouse to look up some records or get copies in October 1994 Waldrip said She noticed that Smith was smok ing in his office and tried to make a citizens arrest since smoking is illegal in the courthouse Board seized the ashtray and 911 was called Waldrip said The incident ended up in a car chase with Board eluding a rolKng road block and finally being stopped with a full road block he said Officers claimed they had to force Board out of the car and Board claimed that the officers mistreat ed her and used excessive force Waldrip said Another incident began with a Sept 1994 traffic ticket which had no date to appear in court on it Board requested a jury trial for the ticket and Smith ended up sched uling the trial for Dec 13 Waldrip said Board meanwhile had thought she filed a motion for him to remove himself from the case Smith claimed the motion was invalid because it had been slid under the office door after hours When the December court date rolled around Board appeared late By the time she came Smith had filed a failure to appear warrant and officers tried to arrest Board chase venturing oflftbe road and ending up in front of Boards mothers home A window of Boards vehicle was broken during the chase and arrest In my Opinion these incidents have no bearing on the tampering Waldrip said District Judge Charles Ramsay disallowed testimony linking the cases to the witness tampering case Defense attorney Wade Arledge wanted to include the two 1994 cas es as evidence If the jury had understood it in a bigger picture they might not think Pamela Board intentionally tried to scare Miss Arledge said The affidavits not strictly correct and Miss Crist will agree to said Wade Arledge Boards attorney in the case The affidavit contained a statement Crist had I think the jury should be thanked for doing given to Justice of the Peace Curly Smith short their duty based on the evidence that they were ly after the 1993 dogatlarge case allowed to said Arledge Crist said Board had told her Board had a District Judge Charles Ramsay ruled the two jury list that would get Smith in trouble 1994 cases were not admissible as evidence wnemer were talking about murder or Board sent Crist several letters asking her to in the witness tampering case We think they minor theft witnesses in Comal Countv need to change the affidavit frightening Crist should have been able to hear the other evi know they can testify and be safe he said Crist perceived herself to be a witness Waldrip said She had information about what she regarded to be a crime Whether were talking about murder or Boards sentence follows string of incidents By SUSAN FLYNT ENGLAND Staff Writer A Canyon Lake woman Pamela Board was sen tenced Wednesday after a felony conviction of tam pering with a witness Betty Crist The trial followed a string of incidents dating back to a 1993 dogatlarge case The Dog Case and the Legal Pad After being convicted in a dogatlarge case in Jus tice of the Peace Curly Smiths court Board got a hold of a yellow legal pad which had the name of the trials jurors written on it Crist told authorities Board showed her the tablet and said Look I stole this jury list from Judge Smiths office This is not a jury list but just a list of his friends he brought in for jury duty Im going to get him in a lot of trouble with this jury list Look at this page Judge Smith is so dumb that he has to write down how to get into his according to court records Board claimed in a later federal lawsuit that the tablet came into her possession by resolution of the trial Plaintiff picked up the tablet along with her other papers Later when she real ized she had the tablet she simply filed it with her oth er papers as she knew she was entitled to a list of the jury and she considered it the lawsuit said Board was entitled to an official jury list said Assis tant District Attorney Dib Waldrip but that tablet was not it The Escape Constable Edward C Mullins called Board for about a week after the loose dog trial trying to get her to return the tablet Waldrip said even contacting Boards mother A warrant for Boards arrest was issued around March Waldrip said Mullins went to arrest Board and she escaped out of a back window he said An escape warrant was filed and Board pled no contest Waldrip said lloy The Two Other Cases Boprd went headtohead with Comal County law enforcement on two separate cases in late 1994 Board was running against Smith in the Nov 1994 for justice of the peace One incident began with a Sept 1994 traffic ticket The other happened in Dec 1994 and involved Crist trying to make a citizens arrest against Smith for smoking in his office Both incidents ended up in police car chases where Board was evidently caught and arrested The Federal Suit Board filed a federal lawsuit in San Antonio on March 7 1995 naming defendants Comal County Sheriff Jack Bremer County Judge Carter Casteel Jus tice of the Peace Howard Curly Smith Constable Edward C Mullins and Deputy Constable William A Klare The suit claimed the defendants caused Board phys ical damages loss of income loss of reputation men tal anguish ridicule and libel among other things according to the court record The suit demanded a jury trial which has yet to be held The ordeals of Boards Oct and Dec arrests were part of the reason she filed the lawsuit said Wade Arledge Boards attorney in the tampering case The Affidavit Bickerstaff Heath and Smiley attorneys for the defendants in Boards suit filed an affidavit on Aug 2 1995 including what Crist said she heard Board say about the legal pad back in March 1993 The defendants attorneys also asked for a summary judgment on Boards suit when they filed the affidavit The Letters Board wrote several letters to Crist after the affidavit was filed They are now part of the court record Demand letters to a witness are not uncommon and perfectly legal Waldrip said They are written when a party in a case believes that part of the wit nesss testimony is not true They ask the witness to retract that part of the testimony and inform that the party will use the legal means available to get a true testimony from that witness he said From my perspective these are not demand letters they are Waldrip said A letter dated Aug alleges quit the post office or whatever and opened a liquor store in close proximity to the ele mentary Over a period of time I came to realize that the local law enforcement both on and off duty were pur chasing their liquor from you were selling it to them even in uniform while on Crist operates the Toddy Shop liquor store in Canyon The above assertions are libelous Waldrip said aside from the threats that followed if Crist did not retract statements made in the affidavit You will be joined in the federal You will be sued for 13 million dollars and if you cannot prove the things you allege in your affi davit you will surely lose and be liable in the amount of all that you Board posted the above letter at the Canyon Lake Post office and the Mountain Valley Pharmacy Waldrip said as well as hand delivering it to Crist District Judge Charles Ramsay ruled the two 1994 cases as inadmissible in the tampering case She didnt file the lawsuit until after her troubles of Dec Arledge said She felt wronged and shes trying to seek her remedies Board claims that Crists affidavit has some incor rect information Pamela Board is a regular cus tomer of my the affidavit states Board asserts that at the time of the affidavit she was not a regular customer of the liquor store Crist owns in Sattler Arledge said Boards letters to Crist amount to the same as a demand letter a procedure lawyers use frequently he said She has a right to determine whether the affidavit was true or Arledge said Board intentionally coerced Betty Crist prospective witness in the federal suit by threatening to expose Crist to hatred contempt or ridicule with the intent to make Crist testify falsely or face a lawsuit Waldrip said I to r Grosse Opa Helmuth Salge and his wife Doris join Berdyne and Myron Floren and Marianne and BOD Smith as they enjoy cake at Myrons annual birthday celebration during Wurstfesi The popular tatner has celebrated his birthday Nov 5 in New Braunfels at Wurstfelst for 28 years to at Holiday Open House Magical Holiday Memories Come share the excitemen and register 0 win some very special holiday Hallmark Tyler Toddy it The Little Red Wagon Qast Art 1995 Dreamsicle Event Limited Edition Figurine Event piece only avaialbk at this event pept Sfr Polka Pest 3 p Porcelain Accessory Set Stroll through our new miglcal room full of villages Were having refresbmnti lots of suprises and many new ideas to make your home festive for the 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