New Braunfels Herald Zeitung (Newspaper) - June 23, 1993, New Braunfels, Texas
no 16 IO
Braves sweep tri-county double-he
cjq-WE:ST HICROI I £• Y ANI*RLL BK
UBI I SVU RU
14 Pages in one section ■ June 23,1993
393 Serving Comal County ■ Home of Denise Aldana Rodriguez
Vol. 141, No. 153
Water Watch ......2
The New Braunfels Herald-Zeitung sends birthday wishes to Cindy Cantu Riley, Mary Alice Martinet, Candice Lehr, Ed Keams, Lydia Ann Hernandez, Kevin Hoegehauer, Dennis Rhoads, Lucille Weekley, Jason Amo Fdiner (belated), Happy Anniversary to David and Christine Camarena
CISD offers defensive driving
The Comal Independent School District's Community Education Defensive Driving Class, taught by Charlie Rose, is scheduled for 6 p.m. to IO p.m.
July 13 and 15 in the board room of the CISD Administration Building.
For more information or to enroll, call 625-8576 or 625-8081.
'Party of the Century’ slated
The Comal County Fair Association Scholarship Fun will hold a 100th Anniversary Gala "Party of the Century" at the Comal County Fairgrounds on Aug. 28 at 7 p.m. Tickets arc $15 which includes a barbecue dinner and dance.
Call a fair director or drover for tickets or 625-6916 or 620-6632 for more information.
Can You Dig It? program set
The New Braunfels Parks and Recreation Department's June Nature’s Way Program originally planned for Saturday, June 19 has been rescheduled.
The program, "Archaeology -Can You Dig It?" will be held Saturday, June 26 from IO a m. until 11:30 a m. All those who signed up for the first date will be registered for the June 26 program.
The program is open to youths ages 7 to 13 and has a fee of $3. Pre-registration is required and will be taken until Friday at the Parks office at I IO Golf Course Rd.
For more information, call the Parks office at 608-2160.
Tennis Assoc, plans mixer
The New Braunfels Tennis Association will hold a member-only (over 18) mixed doubles mixer Saturday, June 26 at John Newcombe's Tennis Ranch at I p.m.
This event will be A, B, and C divisions. Enter individually for $5.
Pairings will be made as part of the format. Pairings will rotate within each division.
Entry deadline is Wednesday, June 23. To enter or for more information, call Suzanne at 629-3737, Cyndi at 620-6646, or Beverly at 629-4358.
(I'he New Braunfels Herald-Zeitung invites its readers to submit items to Stammtisch. According to the Sophienburg Archives and members of the German community,
“Stammtisch” represents a sitting place for members of a community to gather and share the day’s happenings. We invite you to share with us.)
Council votes split decision
By GARY P. CARROLL Maws Editor
A special meeting of the New Braunfels City Council Tuesday to discuss and take action on seeking outside legal representation in the lawsuit filed against the city by Peter Lingamfelter resulted in no action being taken.
The council adjourned after voting 3—3 on a motion made by Councilman Paul Fraser calling for City Attorney Barry Moore to assist the city in seeking a law firm for the Aug. 3 trial aimed at keeping the city from administering the oath of office to Councilman James Goodbread for his fourth term.
Moore said that it was common practice to hire outside representation in such cases and said he felt the city should and could seek out a firm with more experience in the court room.
“I am not, by profession, a trial attorney," Moore said. "And ... it is beneficial to the city to have an experienced trial attorney in these types of cases."
Moore said he recommended outside council due to the turn the case has taken in that council members Ambrose "Butch" Benitez and Dan Bremer apparently have "opposing viewpoints" and have since filed separate lawsuits.
When a city resident asked Mayor Rudy Seidel who ultimately would foot the bill for obtaining outside council, Seidel responded, "The City of New Braunfels.”
According to figures released from the city, more than $7,000 has been spent by the city on the lawsuit, State of Texas (Peter Lingamfelter) v James Goodbread, the City of New Braunfels, et a1. White three council members (Fraser, Seidel, and Chris Bowers) said legal representation was a must in this case. Bremer, Benitez and Jan
James Goodbread waits for a decision Tuesday.
Kennady did not feel like the city should spend the money to defend itself against the charges.
"The issue is going to be settled ane way or the other with Lingamfelter and Goodbread," Bremer said. “So why do we have to get involved?”
Bremer said the entire issue should be left to the court to decide and the city did not need to hire additional outside council to represent its position. Further, Bremer said if it was decided
Her a/cT/aurung photos by JOHN HUSETH
Councllmember Dan Bremer told Goodbread Tuesday "You have no concern for the taxpayer's dollars. Your only concern Is the emotion of the moment and the support of your power structure."
thai Guxlbrcad could serve on the count.!, he would br happy and would be the first to welcome hun back — a remark which brought an outburst from the citizens present to which Bremer responded. "You have no concern for the taxpayers’ dollars. Your only concern is the emotion of the moment and the support of your power structure.” Fraser responded by saying the city should protect itself from the unrestrained actions of citizens filing quo
warranto actions against die city and the council for trivial reasons "ll is incumbent upon us as council members to make sure that the city's position in this thing is protected," Fraser said "So that’s why we need to gel involved."
The council adjourned following a motion by Fraser authorizing Moore to seek out legal representation "on behalf of the city, expressing the legal position of the city, to protect the inter
est of the city, and to protect the election process." Benitez, Bremer and Kennady voted against the motion white Fraser, Bower* and Seidel voted tor the motion.
Following the meeting, Bremer insisted that Goodbread's eligibility should be determined before allowing him to be involved in council business.
Benitez left quickly and refused to comment
GBRA board puts director on paid leave T uesday
James Amst named interim director for water authority through next 60 days
By JOHN KASTNER Spacial to th* Harald-Zattung
In an executive session that lasted nearly seven hours, attorneys and board members for the Guadalupe-Bianco River Authority heard testimony from both sides Tuesday before placing 20-year GBRA General Manager John Specht on a 60-day administrative leave with pay and benefits.
Specht said he was disappointed with the outcome but said he
was glad the issue was resolved and that the authority could resume normal operations.
GBRA Board Chairman Fat Kelly voiced concern two weeks ago over comments made by Specht that Kelly said were “out of context". Specht, however, denied those allegations.
Specht opposed the Texas Water Commission’s Chairman John Hall’s handling of the Edwards Aquifer hearings, and said Hall’s actions had given justice to San Antonio and not to
Mistrial ruled in McBride case Tuesday
Seguin and New Braunfels.
The board named James Amst to serve as acting general man ager, and at the end of 60 days the board will either reinstate Specht or name a new general manager.
TASB releases names of candidates for CISD superintendent position
By ROSE MARIE EASH
The names of the Comal Indepen dent School District superintendent candidates woe released by the Texas Association of School Boards Tuesday.
The candidates are Dr. Don Hendrix, Superintendent of Crosby ISD, Dr. Gene Davenport, Superintendent of
Allen ISD, Dr. Jerry Major, Supertn tendent of Livingston ISD, Dr. Run Reaves, Assistant Superintendent of Alief ISD, Dr. Bob Smith, Superin tendent of Gilmer ISD and Dr. Ray Lange, Superintendent of Lake Havasu Unified School District in Arizona Interviews are scheduled for Thursday, Friday and Sunday of this week according to the CISD administration office.
NBPD arrests ice house suspect Tuesday night
The New Braunfels Police Department arrested Mark Edward LXjhaty, a Bexar County parolee, in connection with the June 6 robbery of the Lone Star Ice House. The warrant was issued by Judge David Perkins and bond was set at $50,000.
New Braunfels Police stopped the suspect Tuesday night and determined Doherty was driving a sullen vehicle out of Austin, where he was subsequently connected to four additional robberies.
By ROSE MARIE EASH Staff Writer
"Here we are again — all dressed up and no place to go.”
Those were the sentiments of Wade Arledge, defense attorney for Kirk Wayne McBride, as Judge Charles R. Ramsay ruled a mistrial Tuesday at Comal County District Court rn New Braunfels.
The ruling marked the third consecutive time an attempt has been made by the Comal County District Attorney’s office to try McBride, who was arrest ed and charged for kidnapping and sexual assault in 1990.
According to assistant Disuict Ami ney Robert H. Fisher, a fourth attempt to try McBride will be made, possibly on July 16 or 19 in New Braunfels.
According to Fisher the mistrial was granted because Judge Ramsay ruled that two potential jurors were map proprlately excused during the jury selection process.
Although Arledge said he had not intended to ask for the mistrial, when the opportunity was presented, McBride chose to ask for the mistrial.
Judge Ramsay then excused what has now turned out to be the third jury so far in McBride's case.
"The judge was trying to see that my client got a fair trial,” said Arledge. "Pm nut so sure an appellate court will let him be tried again."
McBride was originally arrested and charged on Jan. 16,1990 for the kid
napping and rape of a New Braunfels woman
The first jury was seated in May 1990, but Disuict Judge Fred Moue refused to try the case because die indictment has a Haw in it" and then dismissed the jury.
The "flaw” referred to wording in the indictment which did not comply with the correct wording in the Texas Penal Code.
A new trial date was (hen set for June ll, however, that mal was post polled when the dale of the alleged offense was found to be incorrect on the indictment.
On June 18,1990 McBride was reindicted and uial was set for the first week in August
McBride was convicted and sentenced to four 99-year terms at that time.
In October of 1992 the conviction was reversed when Judge John F. Onion, Jr. granted an appeal because blood samples were taken without a search warrant and were admitted as evidence in the uial inappropriately.
At that time, Onion said, "Since 1977, the caselaw of this suite has made it abundantly dear that bkxxl cannot be seized from an incarcerated non consenting defendant through an order granting some kind of motion. This is old law, not new law, and should be known to every prosecukr in Texas."
Fisher confirmed the mistrial ruling bul had no further comment.For subscription, advertising or news information, call 625-9144