New Braunfels Herald Zeitung (Newspaper) - July 2, 1985, New Braunfels, Texas
Court rejects Ports' appeal
NEW ORLEANS (AP) — Bernard and Odette Port, the Houston couple jaded and fined for contempt for refusing “to testify against their son despite being given immunity, have lost an appeal in federal court
A three-judge panel of the 5th U.S. Circuit Court of Appeals on Monday rejected the arguments of the Ports, who were jailed in Harris County after they refused to testify to a Harris County grand jury about David I. Port in June 1984.
The younger Port was a primary suspect and was later convicted in the murder of Debra Schatz, a U.S. postal employee.
Convicted by a Comal County jury after a three-week trial, Port received a 75-year prison sentence March 16.
The elder Ports invoked their privilege against self-incrimination and refused to testify, were found in contemp: and were jailed and fined $500 each.
In November, Bernard Port did testify and was freed; his wife was released after the grand jury disbanded in January.
The appeals court noted that part of the appeal became moot when they won their freedom from jail. The
fines, however, became another matter.
In a concurring comment. Judge Jerre Williams said the matter of the fine should not be considered because this is a habeas corpus pleading, with the matter of the money tacked onto the question of their freedom.
The majority, however, said the panel could deal with the question since the issue was still very much “live” — not abstract.
As to the parent testifying against a child, the court noted there is no Constitutional right in the matter, just as there is no constitutional right of a person not to testify against a spouse.
“It seems to us that the state of Texas has merely balanced the interest at stake and found the interest in the search for truth more compelling than those served by the parental privilege,” the court said.
"That the state did not reach the same conclusion with respect to the marital privilege is testimony, not of illicit discrimination, but of the state’s recognition of the fact that that privilege is so deeply embedded in the common law tradition that to uproot it would cause undue disruption.”
Continued from Page I
be encouraged to deny landing rights to Middle East Airways (MEA!, the Lebanese government carrier, if it continues to use Beirut airport.
Emphasizing that the action is directed against the airport and not MEA, the official said the United States will not object if the carrier operates exclusively from foreign airports.
White House spokesman I^irry Speakes was asked today if the United States would try to take action against the TWA hijackers, now that their identities are known. “We plan to take whatever steps are available to us, both legally and otherwise, to bring these people to justice,”
He refused to elaborate, but under questioning from reporters, amended his statement, substituting the word “judicial” for “legally.” He said the United States would not do anything illegal.
Robert C. McFarlane, national security adviser to Reagan, said Monday there are “two or three strategic locations in the Middle East” that might be targets of U.S. military action but he did not specify them.
The State Department also said Monday that Syria is still officially listed as a supporter of terrorism despite its role in helping to arrange the release of the hostages.
Continued from Page I
nearby Wiesbaden for further medical tests. He refused to give their names.
U.S. Embassy spokesman Robert Heath and TWA officials refused to release the names of the 29 hostages whose plane took off at 1:23p.m. (7:23 a.m. EDT.)
Many of the ex-hostages carried flowers and waved back to the crowd as they boarded the plane. Some were carrying shopping
bags after a trip Monday to the U.S. military shopping center near the Wiesbaden hospital.
The 29 former hostages had been driven to the Rhein-Mam base with their relatives in three buses, following the overnight stay in Wiesbaden.
They had arrived there shortly after dawn on Monday, following their release in Beirut on Sunday, followed by the drive to Damascus, Syria and then the all-night flight to Frankfurt.
Continued from Page I
Rubio said peyote is an illegal Mexican cactus. The main ingredient in peyote buttons is mescaline, which is classified as a hallucinogenic. Psilocybin, which
is extracted from Mexican mushrooms, is also a hallucinogenic drug.
lf processed, Rubio said the uprooted marijuana plants would be between “seven or eight pounds of smokeable stuff worth about $800 a pound.”
Keep an ear to the ground on local events
Starts July 2nd ***** 5 Days Only
LET US HELP YOU FIND SOME "FREED0M”FR0M HIGH PRICES
THESE ARE JUST SOME 0F1HE VALUES YOU CAN RNO HERE
LIE DOWN ON A
AMERICAS NEW MATTRESS
Buy A Sofa Or Sleeper-Sofa... Get A *249“ Swivel Rocker
AS LOW AS $599
Many Frame Styles Over IOO Different Fabrics & Colors!!
TO// FACTORY ANNIVERSARY SALE
Pure German Brass Beds From The "Rolls Boyce” of Brass Bed Makers
"Prices From The Past”
On 3 Classic Styles
Complete Brass Beds w/o Mattress T, Q, K Sizes Available Headboards Only Also Available
Ct There’s Never Been A Better Time To Invest In An Heirloom...
Nor a Better Price!
Buy The Table & 3 Chairs.
Get The 4th Chair
FREEH S0L|D oak oueen anne
■ j» Sohd 0ak Top 4r Diameter
Opens to 66"
Choice of Seat Fabric
lake advantage of oar sensational savings on superbly crafted genuine Draw Dees A? prices wncn wilt never be this tow again
Easy Financing With Approved Credit
WE WELCOME VISA & MASTERCARD
“Beautiful Furniture at It’s Best” Courtyard Cantor. New Braunfels
MON..SAT. 10-7 SAT 10-5
Cadus if you can
DEHYl CLARK HERALD ZEtTUNG
In addition to the marijuana, Sheriff's investigators Monday confiscated a quantity of peyote plants The buttons on the peyote plant are use to produce mescaline, a powerful hallucinogen.