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New Braunfels Herald-Zeitung (Newspaper) - September 18, 1997, New Braunfels, Texas 2A Q HeraldZeltung Q Thursday September From Page 1 prosecutorial misconduct He said the district attorney intimidated the witness The judge ruled there was no misconduct that would justify a mistrial The 3rd dourt of Appeals in finding Davis was denied a fair trial said the judge was wrong to deny that motion for a mistrial But it denied Davis subsequent argument that double jeopardy protections denied his retrial The Court of Criminal Appeals decided 72 on Wednesday to uphold the 3rd Courts decision Fundamentally this is a due process case It has long been the law that where a defendants due process rights have been violated to the extent that he has been denied a fair trial the proper remedy is reversal of his conviction and return to the trial court for further Judge Stephen Mansfield wrote in the majority opinion Dissenting Judge Charles Baird said he believed the state constitutional protection bars retrial The trial judge through an erroneous ruling should not be allowed to forfeit an individuals valuable constitutional Baird wrote Justice Morris Overstreet also dissented Reimer said he was pleased upon hearing the news today 1 think its a wonderful decision I think its very fair I think its based on judicial I think justice was done and way he said This is another typical instance of where justice delayed is juslicii denied The piirisnts of the victim have been denied justice all this time because of the continual dilatory tactics of the defense and 1 think its long past due for this to be Lawyer Stanley Schneider of Houston representing Davis said he would ask the court to reconsider If thats unsuccessful he said he would go to federal court Were talking about egregious misconduct extreme misconduct on the part of the Schneider said Were talking about conduct that shocked the conscience of the trial It is a grave he said of Wednesdays decision Besides the alleged intimidation of one witness by the former district Schneider cited alleged misconduct by the former chief serologist for the Bexar County medical examiners office If there is another trial Schneider said he couldnt mount a defense because key evidence has been lost or destroyed Reimer expressed hope that Davis would be placed behind bars until the new trial At this time the court should have revoked his bond and set a new higher bond because of the fact that now he is in jeopardy for up to a life the former district attorney said Its up to the judge to determine whether they leave him on bond or not But now he is in jeopardy of going up for life Is the bond high enough to prevent him from absconding from justice Certainly the bond that he has out on him is Jeffrey Van Horn the ff assistant states attorney said hie assumed the special prosecutor would go forward with a new trial His office which represents the state in select cases before the Court of Criminal Appeals got involved in this one because of its importance to state jurisprudence he said It would be an absolute disaster to the judiciary of the state from our standpoint if we would have lost this Van Horn said In effect any case that got reversed on appeal for what might be reasons of prosecutorial misconduct would be barred from being retried Once the bar of the state realized thats a possibility they would be starting to try to transform almost any error into prosecutorial he said Almost anything can in some way be tied to the Schneider disagreed saying This case does not open Pandoras Davis has been out of custody for about two years on bond and lives out of state pursuant to a court order Schneider said He would not say where Hes working Hes back with his Schneider said Hes maintained his innocence from day Comal County Criminal district attorney Dib Waldrip said he agreed with the courts decision Well we are glad the court came down with that Waldrip said We think it is the proper ruling We will certainly prepare the case for GBRA From Page 1 agreement the project could begin by next year It is one step of West said Everything is predipated upon the Texas Natural Resource Conservation Before the project can get under way the Texas Natural Resource Conservation Commission must approve a permit because the agreement involves an interbasin transfer from the Guadalupe River to theSsivArrtonio West said GBRA submitted a pennfrapplication to TNRCC The GBRA general manager said he hoped the permit would be approved by the end of the year Welsch said people who have fears that the project will affect downstream water rights in New Braunfels along the Guadalupe River to Victoria have nothing to worry about It is stored water from Canyon It doesnt impact downstream water Welsch said Board member Pamela Hodges of board members who voted against the preliminary agreement I am not opposed to the Hodges said It is a good project I am concerned with some of the language Hodges said she was not sure how selling water rights to San Antonio would affect GBRAs ability to handle growth in the Guadalupe River basin concerning water and how that would be affected once GBRA sells water rights to San Antonio West said the agreement would have safeguards to make sure the wtaterArights were brought back to the Guadalupe River basin in times Vftetnergencies such as droughts Obituaries AGNES YEN Agnes W Heyen of New Braunfels passed away Wednesday Sept at New Braunfels at the age of 91 years She was born Sept at New Braunfels to Robert and Anna Laux Ebensberger She married Harry James Heyen Aug 1 1961 at New Braunfels She was a housewife and a member of First Baptist Church of New Braunfels Mrs Heyen was preceded in death by her husband Harry James Heyen in March of 1976 three brothers Oscar Henry and Robert Ebensberger two sisters Elenora Ebensberger and Cecelia Schmidt She is survived by sons Kenneth Pittman of New Braunfels and Allen Pittman of El Cerrito brothers Charlie Ebensberger and wife Margaret of Kerrville and Edward Ebensberger of Seguin sistersinlaw Irma Ebensberger of San Antonio and Bernice Ebensberger of New Braunfels nine grandchildren and nine great grandchildren Funeral services will be Thursday Sept 18 1997 at Doeppenschmidt Funeral Home with Bryan Rust officiating Burial will be at the Comal Cemetery Visitation will continue until service time In lieu of flowers memorials may be given to Hospice New Braunfels or to the Eden Home Inc Doeppenschmidt Funeral Home DAN RIGHT PARKER Dan Right Parker of New Braunfels passed away Tuesday Sept 16 1997 at Eden Home Inc in New Braunfels at the age of 81 years He was bom Oct 26 1915 at Houston to Charles T Parker and Irene Hilty Parker He married Grace Henry Sept 19 1937 in Houston He was a 1937 graduate of Texas University and a longtime member of the Century Club past president of the Texas Concrete Association was a vice president and served on the board of directors of Parker Brothers and Company Inc of Houston He attended St Johns Episcopal Church in New Braunfels and served in the Army Air Corps during World Wdr II suspends professor yearlong probe Woman convicted of perjury for rape accusation may be deported FORT WORTH AP A former topless dancer sentenced to jail for falsely accusing two Dallas Cowboys players of rape will face deportation to her native Iran after she is released from jail officials say Nina Shahravan whose accusations against Michael Irving and Erik Williams last December were recanted pleaded guilty to a perjury charge Monday and was sentenced to 90 days in jail Shahravan 24 will be turned over to the Immigration and Naturalization Service when she completes the jail term officials said Wednesday Neither Shahravan who is serving her sentence in a Dallas jail nor her attorney David Smith could be reached late Wednesday for comment The Fort Worth Star Telegram reported today INS spokesman Lynn Ligon told the newspaper the federal agency will attempt to deport Shahravan because she has twice committed a crime involving moral On Monday Ms Shahravan unexpectedly changed her plea to guilty and admitted that she lied when she told Dallas police that Williams and another man raped her in Williams home while Irvin held a gun to her head Her attorney said he expected Ms Shahravan to be released after serving a third of the sentence W Is all the fine print of wireless service making you hesitate Come into RadioShack today Where wireless is simple to understand simple to have Our experts make it so easy its elementary Nokia phone with car lighter adapter Use names to recall phone guesswork and misdialing Press any button to answer a call 2 hours talk time 26 hours standby With activation 999 FREE Nights and Weekends T Offer good for A limited time only on selected rate plans Offer requires new activation with a two year commitment One year commitment also available Credit check with possible deposit required Normal toll charges assessed where applicable Taxes fees and other restric tions apply to all calls including free Product may by location RadioShack Youve got questions Weve got Southwestern Bell Authorized Wireless Retailer Puces apply at participating RadioShack stores and dealers Independent RadioShack dealers and franchisees may not be participating in this ad or stock or specialorder every item advertised HOUSTON AP A Texas University professor accused of depositing more than in school money into a private bank account has been suspended with pay Texas Journal of The Wall Street Journal has reported Dhiraj Pradhan has until Friday to respond to the allegations I have done nothing he toflf the newspaper for a story in Wednesdays editions Pradhan has become known on campus as an outspoken critic of the universitys management and tenure policies He contends the university is retaliating against him because of Girl Scouts to register New Braunfels Girl Scout registration will be conducted from 9 to 2 Saturday at the Girl Scout House on the corner of Fredericksburg and Howard If you have any questions on Saturday or need directions call 625 0432 during the registration hours his activism and his ethnicity A native of India Pradhan last month filed a racebias complaint against with the Equal Employment Opportunity Commission The EEOC which doesnt comment on such filings hasnt asked the school for a response According to a report by university auditors Pradhan abused his position as a faculty member filing false travel vouchers and requiring his students to perform work that would benefit three private businesses he controls in College Station Bridging the Between the Doctors Office and the Emergency Room New Braunfels Minor Emergency Lotto Texas Est million jackpot LOTTERY We always have TIME for SCHOOL PHYSICALS 226 N UNION 6093413 Hours MF 109 Sat 105 Parker of Bramifels daughters Rosiemary husband W D of New Braunfels and Erin Srader and her husband John of Houston a son Dan T Parker and his wife Susan of Houston a sister Mary Foster of Houston six grandchildren and two greatgrandchildren Memorial service will be 11 Saturday Sept 20 1997 at St Johns Episcopal Church with the Rev Milton McWilliams officiating Memorials may be made to the charity of ones choice Doeppenschmidt Funeral Home SfflLOH HILL MOBILE HOMES INC 48 HHwy 281 North Spring Branch TX 78070 1 8882774696 Mo 10 Down APR TODAYS CROSSWORD PUZZLE ACROSS 1 Cowboy movie 6 Adventurous 10 The Georgia Peach 14 Jot down 15 Unemployed 16 Ben Adhem 17 Parasite 18 Trounce 19 Actor Connery 20 Window frames 22 Gemstone 24 Military addr 26 Citizens 27 Occasions for pinatas 31 Fishing 32 River of India 33 To the third power 36 Tennis shot 39 Take a at try 40 Partnered 41 Tramp 42 Newscaster Brokaw 43 Enchantress 44 Small quarrel 45 The good days 46 Gulped down 48 Ironon pictures 51 Radio buff 52 Spaghetti extra 54 Like polluted air 59 Actress Martinelli 60 High 62 Author Dillard 63 Reporters question 64 Extinct bird 65 Tropical fruit 66 Team 67 Rushed 68 Chemical compound DOWN 1 Night birds 2 District 3 Haberdashery purchases 4 Engrave 5 Warms over 6 Overalls top 7 Concert halls 8 South American animal 9 Prevented 10 Redeemed a check 11 Does as told 12 Brag 13 Baseball play 21 Resort 23 Walked 25 Actors goal 27 Clenched hand 28 Division word 29 Mild cheese PREVIOUS PUZZLE SOLVED 1997 United Feature Syndicate 30 Deli buy 34 Rocky Mountain tribe 35 Park seat 36 Extended 37 Stage award 38 Savers purchase 40 Central England 41 Embrace 43 Thick slice 44 Type of sale 45 Fuel rating 47 Owns 48 Indian city 49 Relieved 50 Sailing vessel 52 Gulls cries 53 Ore deposit 55 Burden 56 Pesky insect 57 Contribute 58 61 Head movement STUMPED Call for Answers Touchtons or Rotary Phonas par minuto 1 9OM54363S ext code 500
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