New Braunfels Herald Zeitung (Newspaper) - December 7, 1993, New Braunfels, Texas
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10 Pages in one section ■ Dec. 7,1993
Serving Comal County for more than 142 years ■ Home of HELEN BRUCKS
■ Vol. 142, No. 18
INSIDE file end off the journey
The New Braunfels Herald-Zeitung extends the following birthday wishes to; Nancy Brinkoeter, Anthony ViUereal, Delores Millett, Helen Brucia, Mary Valenzuela, Robert Biggers, Mary Lou Broome, Norris Flodine, Virginia Hardesty, Florie Jo Lewis, Mildred Reed, Aurora Saenz, Mary Tymrak, Dilia Wilson Sr., Jennifer Noble, Mike Taylor Jr. (belated).
HermhbZeltung Cheer donations continue
The New Braunfels Herald-Zeitung's Cheer fund campaign to provide food for local needy families is continuing with much success, according to Circulation Director Carol Ann Avery.
Avery said that any type of non-perishable food item can be donated, as well as money. To donate, call the Herald-Zeitung at 625-9144.
Today’s donation was from:
■ Durward and Betty Peterson S25 ■ Today's Total — $4,593.02First Wassailffest conning Thursday
The first ever Wassailfest, a downtown trail of fun, festivities and friendship, will be held Thursday night, Dec. 9 from 6 p.m. to 9 p.m. downtown. There will be music, caroling, Santa and more on the streets, and open houses throughout the stores and restaurants, with a Wassail contest for the best Wassail. Brauntex Theater will provide a free showing of the Christmas classic "Prancer" for the kids, with supervision by the New Braunfels High School Interact Club.
For more information, call 608-2100.Symphony guild holds holiday lunch
The Mid-Texas Symphony Guild New Braunfels Chapter will hold a Christmas luncheon Monday, Dec. 13 at 11:30 arn. at the Tea Loft. Members should make reservations by calling Arlene Buhl at 625-6411 by Wednesday, Dec. 8. New members are welcome.Foley’s recalls hurricane lamps
Foley's announced that it is recalling the hurricane lamp sets which were a gift with cosmetics purchases from Friday, Nov. 26 through Thursday, Dec. 2. The recall was prompted by die possibility of a defect in the lamp.
Heywood Wilansky, president and CEO of Foley’s, said customers have reposed the lamps overheated. No one has been injured, according to Wilansky.
He said the lamps were being recalled to prevent anyone from being injured. Lamps will be replaced with a gift and a $10 gift certificate.
(The New Braunfels Herald-Zeitung invites its readers to sub mit 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 day's happenings. We invite you to share with us.)
Herakt-Zoitung photo by JOHN HUSETH
Harry Slyhoff of Robinson Iron guides the Plaza Fountain Into Its pedastol. The fountain has returned to New Braunfels after being restored at the Robinson Iron foundry In Alabama. Final touches on the fountain were completed during the weekend.Man dies after being burned in fire last week in Startzville
From Staff Reports
Comal County sheriffs deputies and Comal County Fire Marshal Milton Willmann are continuing their investigation into a fire tliat resulted in the death of an area man early Friday morning in Startzville.
Raul Ramiro Hernandez, 31, of Starkville, is died Monday afternoon at Brooke Army Medical Center in San Antonio.
Tile fire occurred at 1:12 a m. Friday in a mobile home behind the Start/ Cafe in Startzville.
Willmann said the fire does not appear to be accidental and said it is being investigated as having a suspicious origin. Officials arc interviewing witnesses to the fire.
Ramiro was taken BAMC by Canyon Lake EMS after suffering third degree bums on three-fourths of his body.
Reports show, emergency personnel at the jce.ie had called both AirLife and M.A.S.T. helicopters to transport the man; however, neither helicopter would travel to Canyon Lake because of storms in the area.
Judge rules to reduce bond for Jack Davis
Murder suspect ordered to leave state while awaiting second trial
The mobile home was owned by Comal County resident James Start/, who also owns the Start/. Cafe. It was being rented to Hernandez.
According to reports, a man and two children were walking away from the home when the fire started. They returned when they saw the flames and went to Startz’s home to ask him to call 911.
Canyon Lake EMS and the Canyon Lake Volunteer Fire Department responded to the fire.
Sheriffs deputies joined die investigation of the fire early Friday.
By JENNIFER ROMPEL Staff Writer
Members of the New Braunfels Municipal Airport Advisory Board and the New Braunfels City Council met Saturday morning to tour the New Braunfels Municipal Airport and receive an update on Amire plans for the facility.
Also present were representatives from the Greater New Braunfels Chamber of Commerce. The chamber has an Airport Improvements Task Force which has been studying access routes to the airport.
Several concerned citizens, including those people who live near the airport, also attended the meeting.
'Hie purpose of the meeting was to update council members, board members and the general public on improvements made at die airport with funds from the 1992 grant and possible improvements tliat will be made with funds from the 1994 grant.
The grants are federal funds that are distributed through the Texas Department of Transportation. The 1992 grant was for $650,(HJO. The 1994 grant is for SI .4 million.
Expected improvements to be made with 1994 grant funds include acquisition of airspace, rehabilitation and reconstruction of some runways and adding mn way lights.
During the meeting, citizens also suggested the city council hire a consultant to work with future plans for the airport. Members of the municipal airport advisory board are expected to discuss the matter again at their next meeting in January.
Officials also received an update on the Doppler radar station being built at the airport. The station is expected to be completed by the spring of 1994.
The New Braunfels City Council will hold a workshop to discuss possible land acquisition related to the airport. The workshop is scheduled for 7 p.m. Jan. 3 at the New Braunfels Municipal Building.
By ROGER CROTEAU City Editor
Jack DavisAirport tour updates officials, citizens on proposed future plans
Jack Davis will be a free man while he waits to be retried for the 1989 murder of Kathie Balonis at the New Braunfels Oaks Apartments. However, he won't be walking the streets of New Braunfels.
District Judge Charles Ramsay granted a defense motion to reduce Davis’ bail at a Monday hearing in the Comal County Courthouse. Ramsay lowered the bail from $200,000 to $50,000 — a sum Davis’ attorney, Stanley Schneider, said Davis’ family can quickly raise.
In an unusual move, Ramsay also barred Davis from remaining in Texas while he waits for his new trial, except to meet with his attorney and for court appearances. Davis is also not allowed to drink alcohol and must submit to urine analyses as conditions of his release.
It is common for defendants to be" required to remain inside a local jurisdiction while out on bail, but Davis’ "banishment” from the state, as special prosecutor Ray Taylor termed it, is rare.
‘‘In my 24 years, all the bonds I’ve seen, the judge said you have to remain in the local jurisdiction, but the condition of this bond is that he has to leave” Taylor said.
Defense attorney Stanley Schneider said he recalls a judge in Houston recently making leaving the area a condition of parole, and added he will not challenge Ramsay’s order that Davis leave, he is just happy to see his client out of jail.
Minutes after the hearing, Schneider said Davis' father was already on his way to town from the family home in Gulfport, Miss, to post bail for his son. He said Davis will be free today or tomorrow and will leave the state with his father.
Davis was convicted of the Nov. 17, 1989 sex slaying of local school teacher Kathie Balonis. Davis was a maintenance worker in the New Braunfels Oaks Apartments on Laurel Street, and Balonis was a resident there.
Davis’ conviction was overturned by the Texas Court of Criminal Appeals, due to misconduct by prosecutors, more than a year ago.
More recently his guilt was thrown into doubt after Schneider uncovered evidence that former Bexar County Medical Examiner’s office investigator Fred Zain mishandled arx! fabricated evidence in dozens of cases.
In the Davis case, he apparently testified that a blood stain found on the victim’s carpet was Davis’ blood, when in fact it was the victim’s own blood. Schneider called that “the key piece of evidence in die case against” his client.
At a hearing three weeks ago, Ramsay ruled against a defense motion to free Davis and not put him on trial a second time.
As a result of yesterday’! ruling, Davis will be free until his retrial. Prosecutor Ray Taylor estimated it will take about IO months until the retrial starts.
Schneider said he thinks there will be no retrial.
He has appealed the decision to allow a retrial of Davis. It is not known when the Texas Court of Criminal Appeals will make a decision on the
The only witness at Monday’s bail reduction hearing was Michael Arambula, the forensic psychologist hired by both the prosecution and defense to examine Davis.
His seven-page report on Davis concludes “Kathie Balonis’ murder is noteworthy for its dehumanizing appearance and probable intent. It is my belief that her assailant cither suffered from a severe character disturbance fraught with sexually deviant and aggressive traits, or her murder was in response to a jilted relationship. Mr. Davis’ evaluation docs not support the presence of a severe character disturbance with sexually deviant or aggressive traits nor docs it support the presence of any significant relationship between he and Ms. Balonis.”
Psychological tests on Davis did find that he is “awkward, inhibited, self-discontented,” has a “tendency to feel overburdened, unfairly treated and trapped.” ‘Testing also showed obsessive qualities of tension, fear and anxiety.” He is also “judgmental and psychologically inflexible, with a moral code that was rigid and punitive toward himself and others.” But he does not fit the profile of the killer of Kathie Balonis, he concluded.
On the stand Arambula testified that Davis does share some characteristics with a “disorganized sex murderer,” like whoever killed Balonis. He had frequent job changes, he moved often, he twice married a “parent-type figure” in taking for his brides women much older than himself, and tests showed he may have been a victim of abuse when he was child, although Davis denied that.
But there are many other traits common to the type of murderer in this case, which Davis does not share, Arambula said. He has no criminal record, no history of starting fights, no past deviant sexual behavior, not instances of aggression toward animals or other children when he was a child, and he did not isolate himself socially.
Arambula did testify that it is likely that the killer masturbated during the crime, and Taylor noted that ejaculate was present in Davis’ underwear when he was arrested.
Balonis’ parents showed little emotion in the courtroom during the hearing. Her father declined comment Taylor said he was surprised by Monday’s ruling, which will allow Davis to walk the streets again, at least for a while.
“I think Judge Ramsay was leaning against it (reducing Davis’ bail) before the hearing. Stanley did a fine job for his client... I though we were going to win, but Judge Ramsay ... is deeply concerned, deeply troubled by the record in this case.” Taylor said. “But I think I will win if I can get it to a jury.”
Although he said he is confident the Court of Criminal Appeals will rule to allow the case to be retried, Taylor sounded less sure as he left the courthouse.
‘The Court of Appeals and the Court of Criminal Appeals are going to look at the record of this case and their eyes are going to stand out on their stalks and they’ll ask whether any part of this case was handled honestly and I'll have to ask for a recess and go look at the record,” he said.
“I think justice dictated it," Schneider said of Monday’! ruling. ‘Thii is the most egregious case I have ever seen.”
Schneider would not say where Davis will go when he leaves with his fader.For news, advertising or subscription information, call 625-9144