New Braunfels Herald Zeitung (Newspaper) - July 6, 1983, New Braunfels, Texas
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By JACQUELINE SMITH Staff writer
small portion of Comal among eight “preferred
A very County is sites” being considered for the first low-level radioactive waste dump in Texas, a state official said Wednesday.
Most of the site — which includes Comal County’s northern tip that borders Blanco and Hays Counties — is in Kendall County, said Lee Mathews, general counsel with the
Texas Low-Ijevel Radioactive Waste Disposal Authority.
But due to soil conditions, the Comal-Kendall County site, which he estimated was approximately “20-by-10” miles in area, will probably not be the final one chosen by the authority, he said.
“The primary consideration (in chosing a site) is the soil...we need a good clay soil,” he said. “Sandy soil or limestone-fractured soils are not appropriate.”
Geographic areas in approximately
105 Texas counties were originally considered for the site, which Mathews said will have an operational life of “roughly 40 years.”
The authority narrowed its list of possibilities down to 15 “preferred sites” and has since cut it down to the eight, which includes the Comal County area.
Several sites are being considered in what is known as the “Black Prairie” area of the state, which stretches from Ellis County (south of Dallas) to an area north of San An
tonio, Mathews said.
Other areas the authority is looking at are in the “Nueces Plain” area, which is south of San Antonio and areas in north and west Texas. Weather conditions rn East Texas eliminated that area of the state from being considered since a nuclear site needs “arid conditions,” he said
Besides weather and soil conditions, state officials are also looking for an area that is not over an aquifer or water source; not extremely close to a major metropolitan city; but near a
major highway allowing for easy transporation The iow-level wastes that will be taken to the radioactive site (after it’s chosen> will come mostly from industry and hospitals, Mathews said The soonest Mathews envisioned the site being chosen and in operation was 1987 Currently the authority is ‘ engaged in phase 2” of the process of choosing a site, he said, which means that by the end of July, the list of possible sites will be narrowed to five. These five will be recommended to
the authority's board of directors which will authorize a one-year study to determine the best site After a site is chosen, public hearings in that county will be held. These hearings are a necessary step the authority has to take un order to obtain a construction permit from the State Department of Health, said Mathews, who predicted that no matter where the site is located, opposition will arise
See NUCLEAR, Page MAaBk. New -JjnHt Braunfels
Nmw Braunfels. Texas
Vol. 92 - No. 133
WEDNESDAY July 6,1983 25 cents
30 Pages — 4 Sections
Attorney seeks Savage dismissal
By DEBBIE DELOACH Staff writer
Since William Dale Savage was indicted for killing four members of the Ruben Sauccda family last November, he's been brought to trial once A review by the Texas Attorney General's Office could now mean Savage will face more prosecution, and his attorney Rick Woods says enough is enough.
Savage was convicted, fined 15.000, and placed on IO years probation for the death of Ruben Sauceda Sr., by a Comal County jury on April 14. District Attorney Bill Schroeder refused to prosecute Savage for the deaths of Sauceda's pregnant wife and their two children, and community protest disrupted New Braunfels for over a month
Retired State District Judge Carl Anderson ordered the review of the Savage case oy the Attorney General's Office in June I-ist week, laiis Vallejo, on staff with the AG's Office, was named as special prosecutor for the Savage case
On July I, Vallejo filed motions with the Comal County District Clerk's
Office, announcing the state was ready to proceed on all remaining involuntary manslaughter counts against Savage. "I have yet to see copies of those motions.” Woods said Wednesday. “He hasn’t extended that courtesy to me, and he’s supposed to under the rules. Even if copies were mailed, I should have them by now."
However, Vallejo said Wednesday he had yet to call Woods, because “I got the Savage case my first day on the job. last weekend was a holiday weekend, and I have intentions of calling him today,” Vallejo said.
Woods has already gone public with his intention to file a writ of habeas corpus, on behalf of his client. “By doing so, if the judge (Carl Anderson) denies my relief request, I have the opportunity to be heard by an appellate court — before a trial ever begins,'’ Woods said.
And that’s not all Woods has up his sleeve. “Yep, I think I’ll file one of those too," Woods said. when asked if he would also ask for dismissal of all three cases, based on the Speedy Trial Act. “Savage was indicted in
See SAVAGE, Page 10ACleanup time
As with any holiday weekend, there s trash to pick up once all is said and done City employees Ray Perez (left) and Tony Sauceda perform thatGunman holds up truck stop
5 rn* 0*o*j b* Jon* %
function rn Landa Park Tuesday m the wake of the Fourth of July weekend which attracted heavy crowds to Con .al County
New Braunfels police are searching for a white male suspect wanted in the
aggravated robbery of a local truck stop Tuesday night Police said they responded to a call shortly after 7 pm Tuesday to Soims Truck Stop 4340 Interstate 35 No one besides the store clerk was in the building during the incident The suspect walked up to the counter carrying what police believe to be a sawed-off shotgun The clerk did not realize at first that the suspect had a weapon, police said According to police, the suspect pointed his weapon at the clerk and said. “This is a robbery " When the clerk asked if he was kidding, the suspect said no. and demanded money from the register, police said The clerk gave the suspect all the money from the register, police said The suspect then told the clerk to go into the truck stop storeroom Wink the clerk was in the storeroom the suspect es' aped, police said The clerk said the suspect was a white male in his mid-20s. about S feet 6 inches ami weighed 135 pounds He was wearing a light-colored shirt over
See ROBBERY. Page MA
There’s been no changing of the guard on the Planning and Zoning Commission Chairman David Hartmann didn’t show up for the annual election of officers Tuesday night, so his fellow commissioners decided he’d like to be chairman for another year.
“ITI second that,” said l.arry Brumbelow, as vice-chairman John Dierksen made the nomination.
Harry Alves suggested keeping all the same officers, and electing them by acclamation. The motion passed unanimously.
The slate includes Mike Dietert, who wasn’t there either, as secretary of the commission.
Also absent Tuesday night was James Goodbread The voting bloc consisted of Dierksen, Alves, Brumbelow, S.D. David Jr., Joe Hartigan and Terry Burto.
Something new in town
Restricted-access development inspected by planning panel
.. to chair pane/ again
ByDYANNE FRY Staff writer
City planners and zoners saw a new wrinkle on the subdivision scene Tuesday night
Controlled environment" was the phrase used by Steve Kratzmeier, who presented a preliminary master plan for Regency Place. The proposed residential subdivision would not only have limited access from outside; it would also have restricted entry. Its (Hie entrance would be fixed with a locked gate. Streets would be owned and maintained by the property owners' association Only residents, or authorized guests, would be allowed in.
"What do you call this in San Antonio, a PUD (planned unit development)?" asked John Dierksen, presiding vice-chairman of
the Planning and Zoning Commission Kratzmeier. who represents local developer Ken Karger. agreed thats essentially what it is. Regency Place would be located on the edge of New Braunfels, southeast of County line Road
Commissioners liked the general idea, but didn't like the way the proposed street layout deviates from the city’s Master Plan They felt the absence of connection points with other parts of town might hamper emergency services, or create problems in the future, if the streets should ever become city property "I think that s part of the purpose of the master plan, so that people can move from one area to another." said Commissioner S.D David Jr.
Harry Alves added. “I Uke the layout It's something new for New Braunfels.” And Terry Burto said she
wouldn t mind living in a neighborhood Uke that The city currently has no regulations governing PUD*, but they will be addressed in the updated subdivision code. Planning Director Debra Goodwin hopes to have the final draft ready for commission review within a few weeks .And Ute idea of privately-owned streets is not unprecedented here Sleep) Hollow, annexed two years ago. is marked with a “Keep Out' sign Residents lake care of maintenance. and city garbage trucks go in by spec ial agreement With Regemy Place, I assume wed have to do the same thing we did with Sleepy Hollow Goodwin said “You give us permission to go on your bind. and we'll pick up your garbage Otherwise, you have to bring it to the front gate.”
The commission granted final approval on six subdivision plats Tuesday, including Units One and Three of OakRun A master plan for this giant development at l>oop 337 and Texas ll was approved at the June meeting Unit One. facing on 46. wiU include low- to medium-density housing In approving the plat, commissioners granted variances on four tots whose shapes dev lated from city standards Unit Three consults of one lot, measuring just over two acres, which will be deeded to the property owners’ association as an amenity area It will include a swimming pool, tennis courts and other park-type facilities “You-ail haven't any plans to make these private streets’" someone on the commission asked.
See PLANNERS. Page MA
Supreme Court ruling may speed executions
WASHINGTON (AP) — Federal appeals courts do not have to postpone the executions of all death row inmates pushing non-frivolous appeals, the Supreme Court ruled today. The decision likely shortens the life expectancy of some 1,200 condeiiuied murderers nationwide By a 6-3 vote, the justices upheld expedited procedures used by the 5th U.S. Circuit Court of Appeals in the case of Texas death row inmate Thomas Barefoot The high court's decision said federal appeals courts are free to adopt expedited procedures to help them cope with last-minute appeals from death rows In the same Texas case, the court ruled that psychiatrists may be allowed to testify about a convicted murderer's "future dangerousness” when the life-or-death sentencing decision is being made.
Of the 37 (Rates with death penalty laws, only four others include a psychiatric predictor of future dangerousness as a
factor to be considered by the judge or in sentencing.
But those states — Idaho. Oklahoma, Virginia and Washington — use such predictions as one of several aggravating circumstances, suggesting death as the appropriate punishment, to be weighed against mitigating circumstances that suggest life in prison as the best sentence
Texas alone gives exclusive weight to the psychiatric prediction, one attacked as unreliable by the American Psychiatric Association.
The court, disagreeing with the APA, said there's no reason to believe such predictions of future dangerousness cannot be made with an acceptable degree of reliability.
Barefoot s mother, Rachel Biano, and sister Paula Barefoot Stewart could not be reached for comment.
The telephone at Mrs Blancs house rn New Iberia. La., was answered a woman
who identified herself only as Mrs. Gardino She doesn’t want to talk,' Mrs Gardino said. Mrs. Gardino would not talk about Mrs Biano’s reactions to the news.
Mrs Stewart s telephone* was answered by her sister-in-law, Jennifer Stewart She said that her sister-in-law, who also lives in New iberia was out of town and that she does not know where Mrs Stewart is staying.
John Duncan, director of the Texas Civil Liberties Union, said: “It makes it much more likely that an innocent person or person with considerable mitigating factors in bu favor will be executed It probably means that over the longer haul roughly twice as many people will be executed as would otherwise be if you had a more deliberate process in considering the appeals ”
Duncan added: “What they’re doing is
Set COURT, Page MA
Skies will remain partly cloudy through Thursday, with a M percent chance of thundershower* today. Winds will be out of the east near 18 miles per hour, becoming Light and variable tonight Sunset today will be at I 35 p m , and sunrise Thursday at 6:37 a m.AMStmr Oversights
There are always players who should be on baseball’s Ad-Star teams, but arent This year, it seems worse than usual, as several deserving players are watching the game at hutpe See Robert Johnson’! column in Sports. Page BA
COMICS. ................. •C
KALEIDOSCOPE................. V 38
OPINIONS . % ...................
WEATHER ................. SALoeffler plans public forums here Thursday
Comal County is on U S Congressman Tom 1/ieffler's agenda Thursday
Loeffler (K Hunc, whose 21st congressional district includes Comal County, has called two public 'town-hall ’ type meetings, rn addition to meeting privately with the Chamber of Commerce's board of directors in a dosed meeting
loeffler s first public visit will be from 10-1 I M a rn at the Chamber of Commerce Honor's Hall, located adjacent to the Civic Center Later he ll be ta Settler from 3 30 to 5:30 pm at the VFW Peat No •573, between FM M73 and River Road
The public is encouraged to attend either of the two meetings, a spokeswoman from Ins office mig. Loeffler < K Hunt > planned these public meetings Is meet with his constituents to get the public’s view en ‘ issues and to help you with soy problems you any have with federal agencies,'’ according to his alike.