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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 (AP) Hypnosis, identified as often with nightclub acts as with scientific study, may be 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 recollec tions," Justice Harry A Blackmun said for the court. The court set aside Vicki Lorene Rock’s manslaughter conviction in the 1985 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. Blackmun 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 in criminal trials. In other action Monday, the court: Ruled 6-8 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 taking 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 Holies. The justices said Adamson, initially given a 20-year prison sentence, properly was resentenced to death for breaking a plea-bargain 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 1 Af’ •Morning stocks High IjOw Last AMK Corp SI 60% Bl Aincritech s DOD 89% 89% AMI Inc 18*7 18% 18% Arn Motors 4 'n 4*4 4% AmStand 41% 41*i 41 % Amer Ti I' 28% 28‘h 28% Amoco 87 86*4 86'v Armcolnc 10% 9% IO All Kichf Id 94 93*4 93 % BakerHugh n 21% 21% 21% BancTexas 764 3-32 7-64 BellAtlan 72*4 71% 71% BellSouth s 42* • 41% 41% Beth Steel 15% 14% 15 Borden 62*4 61% 62 Caterpllr 55% 55' 4 55% Cerite! 65 64% 64% Chevron BO 59% 59‘4 Chrysler s .16 * 36% 36% Coastal s 34*4 34 34% CocaCola 46% 46 46*i Coleman 38% 38% 38% Colg Palm 50%. 49% 50*i CornlMetl s 19% 18% 18% Delta Air! 57% 57% 57* i DigitalKq 172 171 171li I Iou Chem 87% 86% 86% Dressrlrid 30 29% 29% du Pont 120% 119% 119% KstKodak 89% 88% 88 'n Knsereh 24% 24% 24% Entexfnc 14% 14% 14% Exxon 91% 91 91 FederalCos 46% 46 46 Firestone 43*i 41 43% FtBcpTex 2% 2% 2% E st Bepill) 23% 23 23% Flowerlnd 26% 26 26*4 Polaroid / 8*% 78 78% FordMotr 97 96% 96% Primerica s 44*4 43% 43% GAF Cp 51% 51% 51% ProctGamb 99 98*4 98% (ITF Corps :» 38% 38% Pubs NwMx 33% 33*4 33*4 GnDynam 68 67*4 67*4 Sabine 17 17 17 GenKlct s 56 55% 55% SFeSouPac 47% 46* h 46% GenMills s 58% 58 58 Sea rs Roe b 53% 52 53 Gen Motors 84% 83% 83% SherwinWm 35*7 35% 35% GnMotr F', 40% 40% 40% Singer Co 40 39% 39% Goodrich 52 50% 50% Southern Co 24% 24% 24% Goodyear 70 69% 69% Southland 66% 65 66 % GtAtlPac 39% 39% 39*7 Sw st Be ll s 39% 39% 39% Gulf StaUt 8 7% 8 StdOil 74% 74% 74% Hahburtn 37 36% 36% SunComp 86% 66% 66*2 HnlidayCpn 25% 25*4 25% TNP Fnt 19% 19% 19% Hiiustlnd 33% 33‘a 33% Tandy 45*4 44% 44% IBM 164% 162% 163% Templlnld s 64% 64*v 64 % IntlPaper s 51 50*2 50% Tenneco 49% 49% 49% Johnson 95*4 94% 94% vjTexaco 38% 38% 38% Kmart s 44*2 43% 44% TexAmBnch 14*4 14 14 Kroger s 35% 35*i« 35% TexEastn 35% 35 35*4 vjLTV Cp Litton End 4% 4 4% Texaslnd 30% 30% 30% 87% 87% 87% Texaslnsts 61% 61*4 61 *2 DineSta Ind 38% 37% 37% Tex Util 33‘a 33*4 33*4 I-ow es 27% 27% 27% Textron s 30* * 29% 30% I. u bys s 31 30-* 4 30% Tyler 12*7 12% 12% MCorp 9*4 9% 9% USX Corp 32*4 31% 32% Maxus n 12% 12% 12% UnCarbde 30% 29% 30% MayDSt 50% 49% 50*2 UnPacCp 78% 77*- h 78 Medtronic 96% 96% 96% US West 54% •>4% 54 * h Mobil 50% 50% 50% UniTel 28% 28% 28% Monsanto 85% 84% 84% Unocal 38% 38% 38% Motorola 56 55% 55% Wal.Mart 69*2 68% 69*4 Navistar 8 7 *4 8 WestghFl 66% 66 66*4 Nynex 72% 72 72% Xerox Cp 80% 79% 80% 27% 57% ZemthF 28 26% 26% Faciei s PenneyJCs 27 % 58*4 27*4 57% Advance extended Phelps Doll 34*7 34% 34% Philip Pet 16% l6‘ 4 16*4 NKW YORK (AP/ The stock market was higher in active trading early today, extending Monday’s brisk advance. The Dow Jones average of 80 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 578 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 OOO 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 FOHT 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 wrongful 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 lull 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 w as 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 in 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 Lord 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 nullion 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 Koop 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 tile start of an acceptable national policy,” the nation’s top public health official, one of 406 policy-making delegates attending Hie AMA’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 testuig 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 thew 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. WATCH FOR THE SIGNS... SPEED LIMIT 65 Maximum legal speed for cars, motorcycles, commercial buses and light trucks in rural nines of Interstate designated highways only. Jens in r O Still the maximum legal speed permitted in most highway zones.’s to your safety advantage. A courteous reminder from the DPS Troopers. Classified Classified word ad rates .212* per word for I tim** insertion. Lower rates for multiple insertions. 15 word minimum. Deadline I p.m. of the day prior to puhliratlon. Notify Classified Department within 24 hours if a mistake is made in your ad The Herald-/* »(un.; 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 053* per word. VISA es Classified Index Antiques 220 Hunting Leases 300 Apartments/Duplexes 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 Livestock/Horses 245 Aviation 125 Lost Et Found 410 Boats Et Supplies 120 Lots Et 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 Pets/Supplies 248 Duplexes For Sale 353 Portable Bldgs 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 Rivet Property For Sale 373 Furniture 235 RVT no Garage Sales 225 Services 440 Help Wanted 200 Storage Space for Rent 312 Home Fix Up Center Trucks/Vans 105 Homes For Rent 330 Wanted To Buy 265 Homes For Sale 345 Wanted To Rent 340 Automobiles 100 Automobiles IOO Automobiles IOO “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 time" to continue. The end came at 3:30 p.m. Ix>ng after the mistrial 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 go on.” 1972 chevy Impala 350. auto Runs good alc St.OOO after 5.00 629-2131 1978 Buick Park Ave 4 door extra clean, new brakes and tires One owner $3.195 625-2322 1978 Horizon air. 4 cyl 1 spd . 54M orgmal miles needs a little work $800 OBO 629-6460 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 of selling your own car'* Generic Motors buys used cars, trucks, boats, motorcycles 625-3006 1981 Malibu Station Wagon, alc, 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 after 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 rollbar. excellent condition $2 900 Monday thur Saturday 9 30- 5 30 629-4343 We buy used cars Adam s Auto Sales Ask for Randy 625-7159 1978 Mustang Cobra. “T Top Standard trans four speed. VS 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 1-448-3944 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- Pm casshe excellent condition Must sell' $1,450 Ask for Becky 629-6866 81 Mercury Zepher. 6 cyl alc. Pl B P/S, 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 $$$$$$$$$$$ ^ No Monay? No Credit? $ No Problem! a $300 $1000 cash available for your $down payment ▲ Special financing * program Call today $ drive today Ap plications taken by $ phone No application ▲ refused Call local 372 2374 ask for $ Patty or I 341 8569 ask for Wayne $$$$$$$$$$$ LOW COST USED CAR RENTALS Gaily •Weekly •Monthly Hee uiiOiltionta lot 625-3451 AU Mum ( i win •    At used car rentals KRUEGER mama 472 VV San Antonio Si Trucks/ Vans 105 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.” DEALING IN QUALITY NEW USED CAWS and TRUCKS No Past Ciedit7 OKAY Slow Past Credit' OKAY III til OH NO DOWN HAT MI NI APPLICATIONS BY PH0NL (SAMI DAY SERVICE) ASK FOR BILL 625-8011 Ext 364 Anytime day ai nigh: 84 Nissian 4x4 long wide bed, PB. PS, tilt wheel good radial tires $3,700 high miles 1-899 2875 85 L VV B Pickup camper Cost new $685 Now $325 629-5183 85 Toyota 4x4 A/C. AM FM red, 5 spd , tinted windows, gold runs 40 K miles, alarm system excellent condition $7 500 nego 625-0729 atter 6pm Reduced 83 Ford Glut Cab- 3/4 ton, A/C, good condition, 351 cu. inch V-8. Call 625-1911 TELL SOMEONE YOU LOVE THEM IN THE Herald-Zfitung ;