New Braunfels Herald Zeitung (Newspaper) - July 24, 1985, New Braunfels, Texas
DALLAS, TX *7524*
NB Council names
See Page 2A
Comal River........... 286 cfs (same)
Canyon inflow.......317 cfs (down 28)
Canyon outflow ........ 800 cfs (same)
Edwards Aquifer 625.45 (down .07)
Canyon Lake level .... 911.05 (down .10)
Spurs' rookies steal the show
Page 17 A
Ice cream a cool snack, Page IB
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New Braunfels. Texas Vol. 94-No. 145
36 Pages —2 Sections
Man goes on trial for sexual abuse
By DEBBIE DeLOACH Staff wntar
A man charged with sexually assaulting a 3-year-old girl was scheduled to go on trial this morning in 207th District Court
Sidney Franklin Smith of 230 Cadded I .ane was arrested Dec. 21, IMM. and charged with two counts of aggravated sexual assault of a child
Comal County jurors picked Monday to hear Die case were asked to report to the courthouse at 9 a.til today.
In the meantime, a hearing on a defense motion to suppress Smith s taped confession to police on Dec 13, 1964. ended without a ruling Tuesday afternoon from 207th District Judge Robert Pfeuffer.
The motion stated the confession was the result of “improper ui-
ducements” on the part of New Braunfels Detective Hay Douglas, who “continued to challenge the truthfulness of the confession as it was being made."
The motion also stated the officer’s actions were "overbearing, overreaching and intimidating."
Douglas testified during Tuesday's hearing that Smith, who was read his rights at the beginning of the tape, was also aware the confession was being recorded.
District Attorney Bill Schroeder said he expected Pfeuffer to rule on the confession's admissibility sometime this morning after testimony from a San Antonio doctor on Snuth's psychological health.
In other courtroom action, the Tuesday morning trial of James Conrad Claxton was cut short by his guilty plea. Claxton pleaded guilty to
Teacher's group won't fight tests
AUSTIN iAP> — Texas’ second-largest teacher group opposes the mandatory competency test for teachers but will not go to court to fight it, says the president of the Association of Texas Professional Educators.
Instead, ATPE will help its 42,000 members prepare for both the material covered in the test and the stress the test can cause, Sue McGarvey of Hallsville said Tuesday.
"No teacher in his or her right mind wants to take that test, but it is here. Our association will obey the law,” said Mrs. McGarvey.
The Texas State Teachers Association, the state's largest teacher group, has threatened to go to court to block the test, scheduled for next March. Teachers have several months during which to pass the exam.
Teachers who failcannot remain in the classroom.
"The test is going to show us there are good teachers in the state of Texas. We need to stop talking about going to court, take the tests and get it behind us," said Sue McGarvey, a
two counts of burglary of a habitation, and was sentenced to 25 years in prison by Pfeuffer The judge said the payment of $12,041 in restitution for unrecovered property and-or damages to both
house owners will also be part of his parole conditions when Claxton becomes eligible.
Jurors selected to hear the Claxton case were released around 10:30 a m. Tuesday
high school teacher in East Texas.
ATPE favors the use of competency tests only for teachers who fare poorly in individual evaluations. The test was made mandatory as part of HB72, the 1904 education reform act that also includes tight education restrictions on students.
“We will support the competency test although we do not believe that it is a true evaluation of a teacher’s teaching ability. Students must abide by no-pass, no-play and the exit-level test. How can we give tests to our students when we ourselves refuse to take them?" said Mrs. McGarvey.
ATPE will offer regional workshops for teachers who want help with Die basic skills tested in the exam and for teachers who want help preparing for test-taking,.
"Teachers need help with the frustration and emotional pressure of taking the test,” said Mrs. McGarvey.
"It’s like an aggravation," she said of most teachers reaction to the exam. "Of course it’s insulting."
"And of course there’s a chance I would fail the test. I don’t intend to," she said.
Career ladder isn’t going to be the dividing factor in Comal ISD that it’S been elsewhere, because every teacher w ho qualifies will get a $1,500 salary supplement.
That was the big news at Tuesday night's board meeting, after trustees unanimously approved a state salary application payroll plan for the 1985-86 school y ear.
The board's action will also mean $1,500 checks in August for those 85 qualified teachers, who did not receive career ladder supplements last May for the 1984-85 school year. CIS!) received enough state money to
But trustees weren't happy with that, and asked CISD Superintendent Bill Brow n at the May board meeting to derive a way to fund all career ladder qualifiers. That plan was approved Tuesday night during a special budget workshop.
Abel Campos, CISD business manager, said the approved plan will put employees on step on the state salary schedule. However, anyone whose salary is above the state schedule will not receive a salary-cut. His or her salary will be main-
See CISD, Page 16A
Sheriff leaves jail workshop in huff
By LILLIAN THOMAS Staff writer
A Comal County Commissioners jail workshop accomplished little Monday with Sheriff Walter Fellers telling commissioners to hire another jail staff to do the job if they felt he wasn't.
The workshop was to give Fellers an opportunity to explain to com-nussioners why he had requested six additional jailers for the newly constructed jail.
Commissioners had hoped to see some of the jail routines such as visitation, meal time and exercise, but they had come at the wrong time.
Commissioners will meet again for a workshop Friday at the jail when more acDvities can be observed, andInsideHometown candidate
Lamar Smith flew into the New Braunfels Airport Tuesday afternoon as part of a day long fly-around jaunt of Congressional District 21. Smith, during his visit, officially announced that he will be running for Tom Loeffler’s District 21 Congressional seat. Smith's parents are New Braunfels residents.Today's Weather
A 20 percent chance of thuder-showers is forecast for this afternoon and tonight. Otherwise skies will be partly cloudy, and temperatures are expected to reach the mid-9Gs and drop to the mid-7fte overnight. Southeasterly winds should remain around 15 miles per hour. Tuesday s high was 95 and this morning’s low was 76. Sunset will be at 8:29 p.m. and sunrise will be at 6:46 a.mFunding for the arts
Greater New Braunfels Arts Council will receive an additional 82,000 to
Jail Administrator John Jenkins will have some time tables on the different tasks that the jailers perform.
Right before Fellers left, Commissioner J.L. "Jumbo" Evans belabored the exercise schedule and asked why the inmates could not be made to exercise in the hallway .
Fellers invited the county commissioners to fire him and his staff if they thought they could run the jail better and then left the w orkshop.
County Judge Fred Clark pointed out Fellers could not be fired because he was elected and defended Evans approach, saying the commissioners felt they had the right to ask why money needed to be spent. Even if
See JAIL, Page 16A
bring Texas Opera Theater to towi Page 3A
STOCKSU.S. Attorney wants stiffer plea bargains
From staff and wire reports
U.S. Attorney Henry K. Oncken says he is urging his prosecutors to negotiate stiffer plea bargains so judges will be stricter in sentencing defendants.
But defense attorneys say the crackdown will only encourage defendants to take their chances in costly courtroom trials.
Comal County District Attorney Bill Schroeder said the issue isn’t less plea bargains and more trials. It’s over-crowding of prison populations.
“What every D.A. in Texas has to keep in mind is our prison problems, and be careful who we put in the pen," he said.
"It’s a revolving door down there.
We put in a burglar, and out pops a murderer or a rapist from the back door. If we fill up the pen with property defendants, the more violent criminals get freed faster," Schroeder said.
"The prisons reach a certain percentage of oven rowding, and they start giving additional good time to those already there to relieve those conditions. I think that’s totally outrageous, but that’s what’s happening," he added.
“This isn't something we (district attorneys) have done,’ Schroeder said. "It’s something the legislature will not address, and it puts us in extreme conditions as to what we can do."
See PLEA, Page 16A
Of RVI CLARK Hf RAI D ZflTUNGThe big haul
Sheriffs investigators confiscated 60 marijuana plants had been made in connecton with the case. But Rubio
growing at a residence about two miles from Bracken early said an arrest is pending Pictured exammg the haul are,
this morning Lt Rudy Rubio said the plants ranged from from left Deputies Kermit Kroeche and George Gonzales,
two to seven feet tall As of presstime today, no arrestsCareer ladder raises given
By DEBBIE DeLOACH fund only 91 teachers, and the rest
Staff writer did not receive any career ladder