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New Braunfels Herald-Zeitung (Newspaper) - December 8, 2000, New Braunfels, Texas 0 NEW PELS HERALDZEITUNG Vol 150 No 24 20 pages in 2 sections December 8 2000 FRIDAY Serving Comal County since 1852 SO cents Gore makes last stand BY RON FOURNIER AP Political Writer Desperately short on time Al Gores lawyer pleaded with the Florida Supreme Court on Thursday to order vote recounts and revive his falter ing presidential quest Repub lican attorneys called George W Bush the certified rightful victor and said not a single shred of evidence suggests anybody was denied their vote Even as the seven justices mulled the vice presidents fate fellow Democrats said they were running low on patience One month after a madden ingly inconclusive Election Day the question of who will serve as Americas 43rd pres ident still echoes throughout the nations legislative and judicial chambers On Thursday alone two state judges and one federal court considered complaints about absentee ballots GOP lawmakers in Florida braced for a special session Friday to give Bush the states 25 electoral votes in case the courts wont All this amid the pressure of a Tuesday deadline set out in the Constitution for states to appoint electors If Floridas legislative and judi cial branches cant agree on a presidential slate by the Elec toral College meeting Dec a divided Congress could inherit the morass Time is getting very Gore lawyer David Boies told Floridas high court Wassail night New Braunfels downtown plaza the setting for holiday festival K JESSIE The Kinder Tanzers above finish their dancing at Wassail Fest with the chicken dance Thursday night in front of the New Braunfels Museum of Art Wassail Fest Judges tower right Houston Astros Lance Berkman Sen Robert Krueger and retired Texas Ranger Jim Peters work their way through entries of the holiday beverage BY Jo LEE FERGUSON Staff Writer The outcome of the first ever judged choice wassail contest rested on the shoulders of three Wassailfest firsttimers Thursday night It was a job the three celebrity judges took seriously Houston Astros Outfielder Lance Berkman Retired Texas Ranger Jim Peters and former Sen and Ambassador Bob Krueger were quiet as they tasted more than 30 different wassails Each said it was their first Wassail fest experience Wassailfest is an annual downtown event in which merchants prepare their own special wassail a juice and spice mixture and invite the public to stroll around and sample the drinks The judges Thursday sat in the bandstand in the Main Plaza and sipped slowly from each cup of was sail They thoughtfully sniffed the aroma rising from the cups and then took another drink while they careful ly considered each wassail The wassails were graded on how spicy they were how pleasing they were to taste or smell and on their aftertaste The judges graded each cup without discussing the drinks amongst themselves Berkman greeted fans who found their way to the bandstand where the judging took place But he waited to sign autographs until later after the judging was complete This is he said The judges made room for a late County tweaking water rules again BY RON MALONEY Staff Writer Comal County is going back to work on new subdivision rules that will require developers and suppliers to prove enough water is available to serve their projects In a commissioners court public hearing Thursday the seventh draft of the new rules was reviewed Commissioners and county staff left the meeting with a mandate to do a little more tweaking of some finer points of how the rules are implemented Except for setting out guidelines for test ing and monitoring wells a redraft of the rules is net expected to substantially change them from the version approved this past week by the countys Waterwise Growth Committee In the Dec 15 meeting of the Waterwise which has worked months on the rules members will hear a presenta tion on the Trinity Aquifer County counsel Nathan Rheinlander said Thursday that he would book John Ashworth a wellknown and regarded aquifer expert and consul tant to speak Further study of the Trinity comes as the county nears a vote to adopt the new sub division regulations perhaps as early as next week At the public hearing Thursday Pet 4 Commissioner Moe Schwab raised con cerns about how effectively the rules would regulate groundwater purveyors pumping from the Trinity Aquifer He particularly questioned the testing and monitoring of wells that the subdivision rules would require a developer to bore Ive seen wells drilled that produced and you move 10 feet one way and 10 feet the other way drill and get nothing Schwab said County Engineer Tom Hornseth a co chair of the Waterwise committee told Schwab the proposed rules were based on criteria set by the Texas Natural Resources Conservation Commission Theyre in Schwab said Have they come out and drilled wells Do they know what the Trinity Aquifer even looks See Davis might be retried elsewhere Judge issues gag order in capital murder case BY Jo LEE FERGUSON Staff Writer Jack Warren Davis will be tried a second time on May 29 for the 1989 murder of Kathie Balonis a 24yearold elementary schoolteacher However the trial might not take place in Comal County On Thursday Senior Judge Don from the 212th Dis trict Court granted several motions in the case against Davis including placing a gag order on those involved in the trial Also Lisa Tanner an attor ney with the Texas Attorney Generals Office was placed in charge of the prosecution as the case heads to court for a second time District Attorney Dib Waldrip previously was disqualified from prosecuting the new case because he was a witness in the original trial Balonis was found strangled and sexually assaulted in her apartment at 483 Laurel Lane in New Braunfels on Nov 17 1989 Davis who was 30 at the time worked in mainte nance at Balonis apartment complex DAVIS Police arrested Davis the day after Balonis body was dis covered He was convicted of capital murder and sentenced to life in prison six months later However accusations that thenDistrict Attorney Bill Reimer had improperly intim idated a witness in the case led the Third Court of Appeals to set the conviction aside in 1992 and send the case back to district court A new trial never took place and Davis was released He moved out of state and reports twice a month by telephone to the Comal County Adult Pro bation Office Davis attorney Stanley Schneider told the judge Thursday that Davis was in the courthouse but was waiting in a jury room He did not come into the courtroom However Balonis parents were present for the hearing and visited with Tanner after the pretrial hearing They declined comment because of the gag order Tanner did not discuss the case except to say how Mor gan had ruled on several joint motions First he approved the motion for the gag order and a motion for continuance she said Davis retrial was scheduled for January but it is now set for May 29 Also she said Morgan took a motion for a change of venue under advisement However the issue was left for 22nd District Court Judge Charles Ramsay who will pre side during the trial to decide Pearl Harbor Seven members of the Veterans of Foreign Wars Post 7110 fire three volleys of shots Thursday A small crowd of veterans and their families salute in honor of the men and women who fought and died on Pearl Harbor Day 59 years ago K JESSIE HeraldZeitung Handy Andy stores change ownership BY MICHAEL GARY News Editor The Grocers Supply Co Inc of Houston foreclosed on a 12 million debt and took over ownership of the entire chain of Handy Andy Supermarkets Three local Handy Andy stores were included in the transfer from Assets to a subsidiary of the Houston grocery wholesaler Bexar County Markets inc of San Antonio Grocers Supply Co was Handy Andys main grocery supplier since 1994 The move is a step into the retail grocery business for the Houstpn wholesaler We try not to get into retail Tom Braddy See INSIDE Cheer Fund Key Code 76 Mail or drop off donations for the Cheer Fund at 707 Landa St in New Braunfels Cheer Fund provides food baskets for local needy families New Braunfels families open up homes for holiday tours FROM STAFF REPORTS Find out what makes home sweet home for six Nejv Braunfels families dur ing Saturdays Christmas Tomof of the New Braunfels Festtage Celebration from I to 6 on Saturday Tickets and informative brochures for the event can be obtained in New Braunfels at the Greater New Braunfels Chamber of Commerce Cliina and Things The Collection La Maison or River Breeze in Gruene prior to the event or at any of the tour homes on Saturday Tickets are each good for admission to all six locations Alden Home One Center Court in T Bar M Estates Flume Home 721 Wood Road Williams Home 459 Hunters Creek Drive Gladden Bast Zink Mayo Home 88 Mission Drive and T Bar M Sunday House Homes for the Holidays is celebrating its seventh year as one of New Braunfels most anticipated events The Republican Women of New Braunfels sponsors the event
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