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New Braunfels Herald Zeitung (Newspaper) - June 23, 1987, New Braunfels, Texas Supreme Court rules on hypnotic testimony, jail murder sentencing WASHINGTON i AP) Hypnosis, identified as often with nightclub acts as with scientific study, may he getting its day in court. The Supreme Court is giving the practice of hypnosis more credibility with a new ruling that states may not prohibit all testimony by criminal defendants whose memories are helped by hypnosis. The ruling was welcomed by Paul Kinkade, president of the International Society for Investigative and Forensic Hypnosis. He said the decision is a victory but perhaps a limited one for using hypnosis as a law-enforcement tool.” At least one critic of hypnosis, entertainer T M Kreskin, sees a darker side to the ruling. There is no real evidence that hypnosis enables a person to remember better.” he said. ‘‘I am offering $100,000 to anyone who can prove a hypnotic trance exists.” Kreskin said the court ruling could be a boon to the unscrupulous because people can be trained to fool a jury” by pretending to be under hypnosis. The court, in its first statement on the legitimacy of hypnosis, overturned by a 5-4 vote Monday an Arkansas law prohibiting all hypnosis-aided testimony. Wholesale inadmissibility of a defendant’s testimony is an arbitrary restriction on the right to testify in the absence of clear evidence by the state repudiating the validity of all posthypnosis recollections,” Justice Harry A Blackman said for the court. The court set aside Vicki Lorene Rock’s manslaughter conviction in the 1983 shooting of her husband in Renton County, Ark She likely will receive a new trial. Mrs Rock was sentenced to IO years in prison and fined $10,000 after she was found guilty of killing her husband. Frank Rock According to court documents in the case, Mrs Rock initially was unable to recall important details about the shooting incident. Her trial lawyer arranged to have Mrs. Rock placed under hypnosis by a licensed psychologist in Fayetteville. She then was able to recall that the gun went off by accident as she and her husband struggled during a quarrel. The judge who presided over Mrs. Rock's trial invoked a state law later upheld by the Arkansas Supreme Court in refusing to let her tell jurors about anything she remembered as a result of being hypnotized. Her testimony was limited to those statements made immediately prior to hypnosis. Blackman said. We are not now prepared to endorse without qualifications the use of hypnosis as an investigative tool. Arkansas, however, has not justified the exclusion of all of a defendant’s testimony.” He suggested the use of recollections produced under hypnosis "may be reliable in an individual case.” The decision dealt only with hypnosis-aided testimony of defendants and not other witnesses. But the court’s reasoning could force lower courts to reconsider allowing broader use of such refreshed testimony rn criminal trials. In other action Monday, the court: Ruled 6-3 in a Nevada case that states may not impose automatic death penalties for prison inmates who commit murder while serving life sentences without possibility of parole. Barred challenges to jury verdicts based on allegations that jurors were biking drugs or drinking alcohol during the trial. In a 5-4 decision of a Florida case, the court said such jury conduct is no more an "outside influence” on deliberations "than a virus, poorly prepared food or a lack of sleep - Reinstated, by a 5-4 vote, the death sentence of John Harvey Adamson for the 1976 murder of Arizona newspaper reporter Don Bolles. I he justices said Adamson, initially given a 20-year prison sentence, properly was resentenced to death for breaking a plea-hargain agreement to testify against others allegedly involved in the killing. Set the stage for an important employment-discrimination ruling next year by agreeing to hear the appeal of a Texas woman who says she was denied promotions because she is black. At issue is how some employees must try to prove their bosses are guilty of illegal bias. Stocks NKW YORK (AP Morning stocks High Low I .ast AMR Corp 61 604 61 Ameritech s 904 894 894 AMI Inc 184 184 184 Arn Motors AH 44 44 ArnStand WH 414 414 Artier Ti l 284 284 284 Amoco 87 864 (M Armcolnc 104 94 IO AtlHichf Id 94 934 934 Bakerllugh n 214 214 214 BancTexas 7-64 3-32 7-64 BellAtlan 724 714 714 BellSouth s 424 414 414 Beth Steel 154 144 15 Borden 624 614 62 Caterpllr 554 5511 554 Centel 65 644 644 Chevron 60 594 594 Chrysler s .364 .364 364 Coastal s 344 34 344 CocaCola 464 46 464 Coleman .384 384 384 Colg Palm 504 494 504 CoinlMetl s 194 184 184 DeltaAirl 57 4 574 574 Digitally 172 171 1714 I low Chem 874 864 864 Dressrlnd .30 29-4 294 duPont 1204 1194 1194 KstKodak 894 884 88 ‘k Knserch 244 244 244 Rntexlne 144 144 144 Exxon 914 91 91 KederalCo s 464 46 46 Firestone 434 41 434 FtBcpTex 24 24 24 Fstliepub 234 23 234 Flowerlnd 284 26 264 FordMotr 97 964 964 (IAF Cp 514 514 514 (ITF Corp s 39 38 .384 (InDynam 68 674 674 GenElct s 56 554 554 GenMills s 584 58 58 Gen Motors 844 834 834 (InMotr F 404 404 IO . Goodrich 52 504 504 Goodyear 70 694 694 GtAtlPac 394 394 394 Gulf StaUt 8 74 8 Hahburtn 37 364 384 HolidayCp n 254 I 254 Roust I nd 334 334 334 IBM 1644 1624 1634 IntlBaper s 51 504 504 Johnson 954 944 944 Kmart s 444 434 444 Kroger s 354 354 .354 vjl.TV Cp 44 4 44 Litton Ind 874 874 874 IxmeSta Ind 384 374 374 I .ow es 274 274 274 I.ubys s 31 304 .304 MCorp 94 94 94 Maxus n 124 124 124 May DSt 504 494 504 Medtronic 96‘a 961t 964 Mobil 504 504 504 Monsanto 85 '«t 844 IM4 Motorola 56 554 554 Navistar 8 74 8 Nynex 724 72 724 FacTel s 274 274 274 PenneyJC s 584 574 574 Phelps Hod 344 344 344 PtlilipPet 164 l6‘ t 164 Polaroid Primerica s ProctGamb Pubs NwMx Sabine SFeSouPac SearsKoeb SherwmWm Singer Co Southern Co Southland Swst Bell s St dOil SunComp TNP Ent Tandy Tempi Inld s Tenneco vjTexaco TexAmBnch TexKastn Texaslnd Texa.slnst s Tex Util Textron s Tyler USX Corp UnCarbde Un Pact p US West UmTel Unocal WalMart WestghKI Xerox Cp ZenithK Advance extended NEW YORK (API i H-*s /8 784 444 434 434 99 984 984 334 334 334 17 17 17 474 464 464 534 52 53 354 354 354 40 394 394 244 244 244 664 65 664 394 394 394 744 744 74 ‘ * 664 664 664 194 194 194 454 44 4 444 644 644 644 494 494 18 384 384 384 144 14 14 354 35 354 IO3 4 304 304 614 I 614 334 334 304 294 304 124 124 124 324 314 324 304 294 784 774 78 544 544 544 284 284 284 384 384 384 694 68* * 694 664 66 661« 804 * fm 804 28 264 264 The stock market was higher in active trading early today, extending Monday’s brisk advance. The Dow Jones average of 30 industrials was up 4.90 points by IO a m. EDT at 2.450.41. Advancing issues edged out losers on the New York Stock Exchange by about 6-to-5, with 573 advancing, 488 declining and 469 unchanged. Big Board volume totaled 30.17 million shares in the first half-hour of trading. The NYSE’s composite index of all its listed common stocks had edged up 0.03 to 173.80 On the American Stock Exchange, the market value index was up 0.44 at 339.49. On Monday, the Dow Jones average advanced 24.66 points to a record high of 2.445.51. Volume totaled 178.21 million shares. Advancing issues outnumbered declines on the NYSE by about 3-to-2. with 900 issues advancing, 671 declining and 394 unchanged. Volume on the big board totaled 178.21 million shares, compared with 220 48 million in the previous session Mistrial may end Davis mansion shooting saga FORT WORTH (AP) - A deadlocked civil jury may have ended the 11-year legal saga of millionaire Cullen Davis, but the jury foreman said it "tears me apart” that Davis may have gotten away with killing two people. "The evidence showed Cullen Davis killed those people,” jury foreman Kenneth Pool said Monday after a state judge reluctantly declared a mistrial in a $16 5 million w rongful death case against Davis. The vote was 8-4 in favor of the plaintiffs, who included a .survivor of an August 1976 shooting spree that left two dead and two critically wounded at the remote $6 million Davis mansion atop a hill in southwest Fort Worth. Brushing away tears and speaking in a voice trembling with anger at those who voted against the plaintiffs, juror Pool said: "I couldn’t believe that they wouldn’t look at the evidence...It really does tear me apart that he was able to get away with this.” Pool later confronted defense attorney Steve Sumner, praised him for a "good job” and added that "We believe he did it, and you know he did it.” 'I don’t want to get into that,” replied Sumner. Davis was acquitted of capital murder rn 1977. He faces a September trial of a suit by the estate of shooting victim Stan Farr, but Monday’s outcome left the status of that case and any other legal action against Davis in doubt. "They’ll never get this good a shot again,” Sumner said. Davis, 53, a born-again Christian, hugged his wife, praised his attorney, embraced his cheering, Bible-toting supporters and told reporters he was glad it was all over. “I want to give the Ixird Jesus Christ all the credit for what happened in this trial,’’ he said. "That’s good,” retorted his ex-wife Priscilla, "because that’s who he’s going to have to answer to.” The platinum blonde Mrs. Davis, 45, and her second husband, Jack Wilborn, 66, were plaintiffs in the consolidated wrongful death suits. They sought $10 Bullion in punitive damages alone for tile slaying of their daughter Andrea, 12. "It hurts,” said Wilborn. who was undecided about pursuing further civil action against Davis. Mrs. Davis, echoing the words of her attorney, said the hung jury was the final chapter in her ongoing legal battle with Davis. "But very obviously, I don’t feel like justice has been done,” she said It was an anti-climactic but emotionally charged windup up to a month-long trial in which the jury never got past the first of 13 "special issues” it was asked to resolve. First and foremost was whether Davis was the man dressed in black and wearing a crude black wig who killed his young stepdaughter and wounded Priscilla that sultry summer night ll years ago. Priscilla’s boyfriend, Farr, 30, was killed at the scene and a young mansion visitor, Bubba Gavrel, now 33, was critically wounded. Beverly Bass, 29, Gavrel’s date that night and now his wife, was the only survivor to escape the carnage unharmed. All identified Davis as the assailant. Surgeon general praises AMA AIDS recommendations CHICAGO (AP) — U.S. Surgeon General C. Everett Hoop praised recommendations by American Medical Association trustees on controlling the spread of AIDS, but critics said they put too much emphasis on testing The recommendations "could be the start of an acceptable national policy,” the nation’s top public health official, one of 406 policy-making delegates attending Hie AM A’s annual meeting, said Monday. However, Dr. David G. Ostrow, member of a panel of AIDS experts chosen to advise the AMA’s Council of Scientific Affairs, said the recommendations “are more like hysterical reactions than thoughtful deliberations.” Ostrow, an associate professor of psychiatry at the University of Michigan Medical Center, said the recommendations show a ‘ general lack of balance.” Twelve of the 17 recommendations in a 17-page report released Saturday deal either with testing or with those who test positive for infection by the AIDS virus. The trustees of the 217,000-member AMA, the nation’s largest doctors’ organization, called for mandatory testing for prison inmates and immigrants. They also recommended establishing a commission to explore the AIDS issue, massive educational efforts for both the public and physicians, and increased federal funding for AIDS research. About 250 people attended Monday’s debate on the recommendations, including members of the AMA’s committee on science and public health. The committee planned to issue its recommendations on curbing AIDS today Ostrow criticized Hie trustees for not addressing the medical profession’s responsibility for providing “compassionate care” to people with AIDS-related diseases and those who test positive for the virus. An increasing number of doctors are refusing to treat AIDS patients, he said. He said the trustees did not even consult their own expert panel before making the recommendations. Dr Robert E. McAfee, one of the trustees who prepared the report, said time did not allow the trustees to consult the panel before delegates met and that the panel was not chosen to advise on policy. Classified Classified word ad rates .212c per word for I time insertion Lower rates for multiple ln-gertioiui. IS word minimum. Deadline I p m of the day prior to publication Notify Classified Department within 24 hours if a mistake is made in your ad. The Herald-Zeifuxy will not give credit for more than the first day the incorrect ad appeared lf an ad appears In Wednesdays paper, it will also appear in the Comal County News for an additional G53r per word. VISA Classified Index Antiques 220 Hunting Leases 300 ApartmentsDuplexes For Rent 315 Investment Property For Sale 385 Appliances ...... 230 Jobs Wanted 205 Auctions 400 Lake Property For Sale 370 Automobiles IOO Legal/Public Notices 430 Automobile Supplies 130 LivestockiHorses 245 Aviation 125 Lost Et Found 410 Boats Et Supplies 120 Lots & Acreage For Sale 375 Building Materials 240 Misc For Sale 260 Business Directory Mobile Homes For Rent 325 Business Opportunities 210 Mobile Homes For Sale 365 Commercial Property For Rent 310 Mobile Home Sites For Rent 366 Commercial Property For Sale 360 Mobile Home Sites For Sale 363 Cards Of Thanks 415 Motorcycles 115 Car Pool .............. 215 Office Space For Rent 311 Condos Townhomes For Rent 320 Personals 405 Condos Townhomes For Sale 350 PetsSupplies 248 Duplexes For Sale 353 Portable Bldqs 140 Farm Equipment 135 Pre Cut Homes 344 Farmers Market 255 Real Estate Financing 343 Farms Ranches For Sale 355 Real Estate Wanted 380 Feed/Seed Plants 250 River Property For Sale 373 Furniture 235 RVT 110 Garage Sales 225 Services 440 Help Wanted 200 Storage Space for Rent 312 Home Fix Up Center Truck si Vans 105 Homes For Rent 330 Wanted To Buy 265 Homes For Sale 345 Wanted To Rent 340 Automobiles 100 Automobiles IOO Automobiles IOO 1972 chevy Impala. 350, auto Runs good alc. $1,000 after 5 OO 629-2131 1978 Buick Park Ave 4 door extra clean, new brakes and tires One owner $3,195 625-2322. 1978 Horizon an 4cyl. 4 spd.. 54 M orgmal miles needs a little work $800 OBO 629-6460 "I do want to say I did see Cullen murder Stan,” Mrs. Davis said moments after the mistrial “I saw him shoot me. I know Bev saw him shoot Bubba They were all shot with the same gun that killed Andrea "I will go to my grave knowing that Cullen Davis killed my child.” State District Court Judge Claude Williams declared the mistrial after and unusual final appeal from attorneys failed to break the prolonged jury deadlock. The panel of eight men and four women deliberated 20 hours over four days and listened to 20 minutes of additional jury arguments before Pool told the judge it would be a "waste of tune” to continue. The end came at 3:30 p m. Ixing after the nustrial ruling, Pool tracked down Mrs. Davis at her hotel and said, "I want you to know, Priscilla Davis, that you won this case.” Said Mrs. Davis "Andrea and Stan were the losers. Bubba was paralyzed. That’s the bottom line I can goon.” Below book Toyota Van LE. 1984 auto, dual air. cruise, excellent condition.625-7551 day, 629-2163 nights and weekends $7 595 Tired of hassles o» selling your own car9 Generic Motors buys used cars, trucks, boats motorcycles 625-3006 1981 Malibu Station Wagon, a c, automatic, AM FM very good condition Call 625-0849 1979 Datsun 280ZX loaded looks brand new immaculant condition, perfect shpae. one owner $3 950 625-8039 1980 Pinto running condition. $750 atter 4pm 625-5737 1980 Pontiac Sunbird auto, sunroof. $1,375 899-7876 1981 Cadillac Fleet wood. Brougham d Elegance loaded, leather interior good condition $4 500 1-935-2710 1981 Delta 88 diesel. $1,950 good condition 625-8737 1981 Lincoln Continental Mark VI loaded 4 door, extremly nice, one owner $6 600 negotiable 625-8039 1978 MGB. new tires factory rotlbar, excellent condition $2,900 Monday thur Saturday 9 30-5:30 629-4343 We buy used cars Adam's Auto Sales Ask (or Randy 625-/159._ 1978 Mustang Cobra “T -Top Standard trans.. four speed. V8 302 engine With air 629-4659 1985 Buick Riviera loaded, white with burgandy leather interior $10 500    629-1508 evenings and weekends 1985 Chevrolet Impala. 4 dr V-8. dark maroon metallic, loaded new tires, like new 47 800 Home 1-396-2695. work 1-4-18-3944 Brad 1985 Dodge Aries SE. excellent condition, loaded, great gas mileage 19 000 miles Call 1-557-6727, 1985 El Camino black, perfect condition, oil changed every 3.000 miles $7,500 firm, 629-2621 79 Datsun B-210 2 door alc. 4 speed, new radials Am- Fm casstte, excellent condition Must sell' $1,450 Ask tor Becky 629-6866 81 Mercury Zepher, 6 cyt alc, PIQ. PIS, sunroof, new tires $1 800    625-3727    after 6pm 82 Buick Regal- 4 dr . V-8. loaded and very clean Would consider trade $3,650 629-5830 85 Chevy Caprice loaded, alc. electric seats I windows, vinyl top A Bargain $6,800 1-899-7587 Datsun 1980    280ZX anniversary addition 5 speed, new paint loaded After 7 pm 1-537-4027 For Sale- 1979 Mercury Capri Good condition $1250 625-6795 First time auto buyer? 21 yrs. or older’ No credit history? Let us help Call Mark 629 1313 $$$$$$$$$$$ a    No Money? '    No Credit? $ No Probleml a $300 $1 OOO cash available tor your $ do wn payment a Special financing * program Call today, £ drive today Ap plications taken by $ phone No application a refused Call local > 372 2374 ask for $ Patty or I 341 8569 ask for Wayne $$$$$$$$$$$ LOW COST USED CAR RENTALS Qaily 'Weekly •Monthly Htcondrtiion.o OI Heintii.t* 625-3451 Ail Mar if Ct wilt; 4id* Ai i tupD*) used car rentals ^KRUEGER mazua 472 VV. San Antonio Si .........mmm Trucks/ 105 Vans He said the report was provided as a starting point, noting that the delegates have "every right to change, modify, refile, turn around or reject it.” w I SPEED LIMIT 65 HTCH FOR THE SIGNS... Maximum legal speed for cars, motorcycles, commercial buses and light trucksm rural zones of Interstate designated highways only. » SPEED LIMIT 55 Still the maximum legal speed permitted in most highway zones. I’s to your safety advantage. A courteous reminder from tho DPS Troopers. DEALING IN QUALITY NEW USED CARS and TRUCKS No Past Credit' OKAY Slow Past Credit' OKAY Him OR NO 00NN HArMI NI APPLICATIONS BY PHONE (SAMI DAY SERVICE! ASK FOR BILL 62$ SOI I Ext 364 Anytime d«jr en nigh: 84 russian 4x4 long wid bed, PB. PS. till whee good radial tires $3,70< high miles 1-899 2875 85 CWS P ic k u camper Cost new $68! Now $325 629-5183 ‘85 Toyota 4x4 A/C. AM FM red, 5 spd , time windows, gold runs < K miles, alarm systen excellent conditior $7,500 nego 625-072 after 6pm Reduced 83 Ford Clo Cab- 3/4 ton, A/C, goo condition, 351 cu inc V-8. Call 625-1911 TELL SOMEONE YOU LOVE THEM IN THE Herald-Zeltung ;