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New Braunfels Herald-Zeitung (Newspaper) - September 19, 1997, New Braunfels, Texas FRIDAY n up on v won t earns Page 1B 50 CENTS New Braunfels HeraldZeit MO 09 1 o 24 pages in three sections Friday September Serving Comal County and surrounding areas for more than 145 years Home of Oran 5 No 222 Inside Sltimmtisch Birthday wishes from the HeraldZettung The New Braunfels Herald Zeitung extends birthday wishes Koepp Marty Davis Allison Meliza Carla Bandy Kevin Brown Sat Nancy Sheridan Satur Deiores Spicer Irene Stock Barbara Wenzel Paul Dailey Joe Sisak Joseph Ward 10 Brit tany Buckner Dar lene Caddeli Michelle Reininger and Dustin Barsch Happy Anniversary wishes go to Mark and Tanya Garrison 5 To have a birthday or anniver sary listed here call 6259144 Pollen Count Ragweed Cocklebur Pigweed 16 Molds Cedar Elm Grass Pofen measured in parts per cubic meter of air Infoimation provided by Dr Frank River Information Comal River 290 cubic feet per sec ond down 4 from Wednesday Edwards Aquifer Panther Canyon Well feet above sea level down 02 from Wednesday CanyonDam discharge 350 cfs Canyon Lake inflow not available Canyon Lake level feet above sea level Above conservation New Braunfels Utilities NBU reports pumping million gal lons of surface water Wednesday and million gallons of well water were used P Things will cool off on Sunday Tonight Partly cloudy Lows inthe mid 70s South east winds 510 mph Saturday Partly cloudy with a 20 percent chance of afternoon showers or thun derstorms Highs in the mid 90s Southeast to east winds 510 mph Sunday Mostly cloudy with a chance of showers or thunderstorms Much cooler with highs in the 70s to the lower 80s Monday and Tuesday Mostly cloudy with a chance of showers or thun derstorms Lows in the 50s in the hills to 60s south central Highs in the mid 70s to mid 80s Gruene Market Days set this weekend Old Gruene Market Days will be Saturday and Sunday from 10 to 6 in his toric Gruene There will be more than 100 vendors on hand featuring a variety of arts and crafts items Take note of new hospital address McKenna Memorial Hospi tal now has a new address The old address 143 E Garza has changed to 600 N Union Ave Collector car auction takes place here The 46th semiannual Greater San Collector Car Auction and Show will be on Saturday and Sunday at Wursthalle in New Braunfels An auction preview will be from 1 to 6 Friday Gates open at 9 Satur day and Sunday and the auction will be at 10 dai ly Admission is daily for adults and daily for chil dren Children younger than 5 years old get in free Davis attorney to appeal court order for new trial By SUSAN FLYNT ENGLAND News Editor The Comal County district clerk has yet to receive the paperwork ordering a new trial for Jack Warren Davis but already his attorney is planning steps to stop the trial before it starts I havent even seen the order yet thats refer ring him back to the said Comal County dis trict clerk Margaret Herbrich I dont have legal confirmation Jack Davis Davis attorney Stanley Schneider said he would move for a rehearing Ill do it within 15 days of yesterday or Oct 1 to be Schneider told the HeraldZeitung Thursday The Texas Court of Crim inal Appeals ordered Wednesday that Davis case be retried Davis was con vjcted in 1990 of the murder of Bulverde Ele mentary School teacher Kathie Balonis and sen tenced to life in prison A court of appeals reversed based on prosecutorial mis conduct in 1992 Then in 1993 a district court ruled fhat enoughvalid evidence remained to try Davis for Balonis death despite questions about the validity of serologist Fred Zains testimony The case was appealed to the Texas Court of Criminal Appeals Comal County Criminal District Attorney Dib Waldrip said the court made the right decision Wednesday We think it if the proper ruling We will certainly prepare the case for prosecu If the courts order is carried out Herbrich said the trial will start over from scratch Were just back to the beginning of the case like it just got she said Schneider said he could pursue one of several options to halt the retrial Well file a rehearing Turn to Davis Page 2A Trial protest Family pickets over convicted molesters sentence By DENISE DZIUK Staff Writer Friends and family picketed outside Comal County Court house Thursday morning while a man convicted of aggravated sexual assault of child was sen tenced to 99 years in prison and a fine A Comal County jury last week convicted Domingo Miranda of sexually assaulting an 11 year old girl Formal sen tencingwasDoinJ wjranda Thursday Before handing down the sen tence District Judge Bill Ben der asked Miranda if there was any reason he shouldnt pro nounce a sentence Miranda responded because Im not While the sentencing was tak ing place on the third floor of the courthouse annex Mirandas friends and family members were on the sidewalk in front of the courthouse protesting the ver dict About 24 people lined the sidewalk for at least three hours holding signs with messages including no evidence no no justice for Hispanics and free the We wouldnt be out here if we didnt know he was inno said Mirandas sisterin law Lisa Miranda We believe that hes innocent and we believe there was an unfair According to the prosecution Miranda who often took the girl out to get a soda picked up the 11yearold daughter of his ex girlfriend on Jan 30 took her to Landa Park and sexually assault At left and below about 25 friends and family members line the sidewalk in front of Comal County Courthouse Thursday in protest of what they called an unfair trial in the case of Domingo Miranda who was convict ed of aggra vated sexual assault of a child and sentenced to 99 years in prison HeraldZeitung photo by Michael Darnall Students treated after one brings drugs to school By SUSAN FLYNT ENGLAND News Editor ed her in the back seat of his car The girl told her mother about the incident when she got home and was taken to McKenna Memorial Hospital for examina tion Evidence presented in the trial by Bexar County serologists showed DNA from semen found on the girls underpants matched DNA from Mirandas blood Lisa Miranda said the allwhite jury of eight women and four Turn to Protest Page 3A As many as 14 Canyon Middle School and Canyon High School students were taken to McKenna Memorial Hospital Thursday after taking prescription drugs alleged ly brought to the school by a student A student had prescription drugs on the bus then was passing them out in the said Comal Indepen dent School District public information officer Don Clark According to Tim Brierty at McKenna there were a total of 14 who were eventually Three students were kept overnight for observation he said New Braunfels Police Department reports show the student was a 12yearold girl according to Lt John Wommack Police filed a separate overdose report for each student Wommack said They definitely are looking at filing on the young lady for bringing the drugs into a drugfree he said Several drugs were involved Clark said Police would not know what drugs were involved until they were sent to a laboratory for testing Wommack said The doctor said one or more of them could have caused Clark said Dr John Flanagan McKennas director of emergency medical services and Dr Terry Pick treated the students said Brierty School administrators called EMS at about after other students reported the alleged drug activity Clark said Flanagan New Braunfels EMS fire department and police units responded to the call Two nurses from other C1SD schools also assisted Clark said School officials also called poison control he said Whoever brought the drugs on campus could face dire consequences both from CISD and from law enforce ment for her alleged actions Under the rules there is a wide range of alternatives up to and including Clark said The CISD Discipline Management Handbook says a stu dent could be placed in Comal Discipline Center for selling giving delivering possessing using or being under the influence of marijuana a controlled substance or a dan gerous The handbook says At the districts discretion a stu dent age 10 or older may be expelled if the student sells gives delivers to another person possesses uses or is under the influence of ANY amount of marijuana a con trolled substance a dangerous drug or alcohol at school or a schoolsponsored State law requires that students be expelled if they on Turn to Drugs Page 3A Citys economic development work earns top honors FORT WORTH The city of New Braunfels econom ic development program was named the best in the state Thursday for cities between and population by the Texas Economic Development Council Mayor Jan Kennady accepted the award on behalf of the city and the Greater New Braunfels Chamber of Commerce The award was presented during the TEDCs annual con ference Only five programs in the state received the award Each program was evaluated on five criteria innovative ness transterability community commitment and leverage and measured objectives and secondary benefits The citys nomination was submitted by the Lower Col orado River Authority The nomination cited New Braunfels creation of the Economic Development Corporation in 1996 and passage of a halfcent sales tax for economic development Also cited were partnership between the chamber and the city in cre ating an economic development effort Creation of the chambers industrial development effort which included working with 267 prospects in 1996 Tourism development and promotion and Success in attracting new companies such as Great American Products a pewter gift products manufacturer and American Legion takes on van for veterans By DAVID DEKUNDER Staff Writer Photo submitted Mayor Jan Kennady receives the award from eco nomic development awards chairman Neil McDonald of the Texas Economic Development Council Simpson Race Products makers of safety equipment When the community was going after WalMart distri bution centev in the 1980s it was highly competitive We learned then that the only way we would be able to compete was to create a strong privatepublic said Michael Meek president of the chamber Over the past 10 years weve developed a program that is really starting to pay off We had 10 people from New Braunfels here for the awards ceremony he said When professionals think of top economic development programs in Texas were one of the cities thats thought Cities competing with New Braunfels were Corsicana Edinburg Kerrville Lancaster Marshall McKinney and Sari Marcos County veterans service officer Gus Culwell gave Comal County Com missioners Court good news about a van for veterans Thursday In a report to commissioners Cul well said American Legion Comal Post 174 has agreed to temporarily accept a 1986 Dodge Ram van donated by Arnold a 42year Air Force veteran who lives in Northcliffe The van could transport up to six veterans at u time to San Antonio area Veterans Administration hospitals Culwell said veterans groups with in the county are forming the Comal County Veterans Council to oversee the van and its maintenance when it is put into operation The council will primarily take over the ownership and operate the Culwell said He said it would take three to four months to incorporate and form the council Its next meeting will be at 10 Oct 10 at Comal Post 179 Amer ican Legion on the corner of Coll Street and Academy Avenue Local veteran Ray Robinson said he wanted to form a coalition with local veterans groups to comprise the council and keep the veterans van operating We had a meeting a couple of weeks Robinson said Each organization is showing an it is a matter of ironing out the The county has budgeted to give veterans for the upkeep and insur ance of the van Robinson said anoth er would come from Ameri can Legion Post 643 in Canyon Lake Robinson said the post has had the money for the last several years after an organization gave them the money for a van to transport veterans to medical facilities in the area The Canyon Lake Post has never been able to do that Robinson said the Comal County Veterans Council could have each of the nine veterans organizations in the Turn to Veterans Page 3A Sts Peter and Paul honors Kaufman for 10 years of service as deacon Page 6A
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