New Braunfels Herald Zeitung (Newspaper) - March 20, 1985, New Braunfels, Texas
Port jurors reflect on two- week trial
By DEBBIE DeLOACH Staff writer
What was it like to be one of 12 jurors who sent David Port to prison for 75 years?
“It wasn’t no picnic,” David Long said. As a Canyon Lake carpenter, his family finances were strained by his two-week absence. “It’s going to take some time to get back to where we were before our lives were interrupted.”
“It wasn’t anything I’d want to do again,” Mrs. Roena L. Icke, also of Canyon Lake, said.
Oscar Guerrero’s response was a little on the lighter side. He said, “I got spoiled by those whirlpool tubs at the hotel. I'd come in and stay in the tub for 15-20 minutes. I mean, what else was there to do?”
These three were among 12 jurors and two
“I got spoiled by those whirlpool tubs at the hotel...I mean, what else was there to do?” —Oscar Guerrero
alternates chosen on March 5 to decide the fate of Port, accused of murdering a 23-year-old Houston mail carrier. All 14 were then sequestered at a local hotel to insulate them from everything but the trial.
What followed was almost two weeks of minimal contact with family members or news events of any kind. One juror said his newspapers looked more like paperdolls after they were censored by the bailiffs.
“If I was ever in trouble, rd want a jury just like he (David Port) had.” —Norman Stephens
Even when they were treated by Harris County to their two good meals a day, jurors were kept separated from the rest of the public. Jim Rector, later chosen as jury foreman, said he was very conscious of stares and whispers everywhere the jurors went together.
"We were also very conscious of our responsibility, the reasons why we were being sequestered,” Norman Stephens, a supervisor at WestPoint Pepperell, said. "If I was ever in
trouble, I’d want a jury just like he had.”
Stephens said the bailiffs tried to make the sequestration as bearable as possible. One even brought her VCR and rented movies to help pass away the time after working hours.
Even though he didn’t like being away from his family for so long, Rector said the sequestration gave him a chance to go over the evidence in the trial on a day-to-day basis. “It even kept me awake at times,” he added.
While the jurors stayed at the hotel, attorneys spent two days arguing over the admissibility of an oral statement, allegedly made by Port after his arrest to a Houston police officer on the way to police headquarters. In that statement, Port admitted to killing Debora Sue Schatz, hiding her body in the trunk of his car and dumping her into a
See JURY, Page UA
Nm Braunfels, Texas
Vol. 94-No. 57
March 20,1985 25 Cents
30 Pages —3 Sections
Coming and going
NBISD hires new principal, cuts three staff positions
By LILLIAN THOMAS Staff writer
New Braunfels 1SD trustees Tuesday hired a principal for its new elementary school being built on County lane Road.
Karen B. Simpson, currently a princtapl at Austin's Cook Elementary with 800 students, competed against 40 applicants for the position that was eventually narrowed to six serious contenders, Superintendent Charles Bradberry said
“After on-site inspections of the few we had narrowed it down to, Mrs Simpson clearly showed the qualities we were toking for,” the superin-tenent said in an interview after the meeting.
She wil begin work July I.
Her school won’t be ready until late fall, though The district had hoped it could be completed by tile start of school rn August, but bad weather has slowed construction and dashed those hopes, according to a report given at a previous meeting.
In Tuesday's meeting. Bradberry told the board that Simpson had been named Administrator of the year in Austin ISD, and that the on-site inspection liad conv meed them that she was the best choice.
* Everything in that school demonstrated that the staff was focused on what education was all about. We could feel the warmth in the halls, you could see the rapport
be tween teachers and administrators. between teachers and students. We had an opportunity to talk to parents who gave us much of the same impresions,” the superintendent said.
But while trustees welcomed a new administrator, they also announced a plan to eliminate three administrative positions Duties of those positions will be consolidated in other positions to cut casts, and one position would be added.
The reorganization of staff would require no employee to lose his job, but would save the district about $34,000.
"House Bill 72 continues to have a severe financial impact on funding for New Braunfels ISD,” Bradberry said. "We are continuing to see a shift of financial responsibility from the state to local districts.
"Tlve final result of this is going to be an increase cost without any additions in the districts The ultimate result being an increase in local property taxes.’’ Bradberry read from a prepared statement after the board’s executive session.
Dr. I anda Avila'a position of director of special education would be eliminated, but she will be promoted to assistant superintendent of curriculum and instruction for 1985-86 Her new position w ill include directing the special education program.
See NBISD, Page I'M
A second capital murder suspect was arrested Tuesday in Ixmgview in connection with the gangland-style shootings of five Mexican nationals off EM 1863 earlier this month.
Jesse Garibay, 19, of San Antonio,
should arrive in Comal County
sometime today. Sheriff’s LL Rudy Rubio said Investigators Kermit
Kroesche and George Gonzales were sent to retrieve him.
Garibay’s arrest was reportedly due to a tip through Texas Crime Stoppers to the Gregg County
“They received this tip, and went out to a house where he supposedly was on the west side of Ixingview,” Jim Bardwell with the Longview
Journal said. "They watched the place for three or four hours and identified Garibay, who then fled the house into a wooded area. That s w hen Sgt Brutus took over.”
Sgt Brutus is a 125-pound German Shepherd, who chased Garibay over two fences before cornering him. When the police caught up with the dog, Bardwell said the suspect was begging the dog not to bite him.
“The dog is good. He has always worked,” Bardwell said. "He’s been used three or four times in the last two or three months Last time, they caught a burglary suspect climbing out a house window. The guy took off into the woods. It took an hour, but Sgt. Brutus tracked him down.”
The MX Players
PRESIDENT REAGAN armtwisting won the vote
GARY HART . his effort fell short
GOR cast an 'aye' vote
A Demo vote for MX
Murder suspect caught with aid of 'Sgt. Brutus'
Garibay was placed in custody in the Gregg County Jail, where his borid was later set at $ iou,OOO by Peace Justice Robert Malcolm.
The first arrest in the case was made on March 13 at a residence near Poteet. Rudy Hernandez, 35, came along peacefully when officers surrounded a mobile home there He was ordered held w ithout bond in the Comal County Jail by Peace Justice Fred Stewart
The pair was charged w ith capital murder for the March 7 shootings of five Mexican nationals on a hillside off FM 1863. They allegedly offered the five men, who had crossed the border earlier the same day, a ride from San Antonio to Denton for a
'Silent Scream' sent to Texas lawmakers
Reagan wins MX battle
Robbery has been pegged as the motive for the shootings, which left one man dead and four others wounded The dead man was iden-tifed as Victor Manuel Serrano Cervan, 20, of San Luis Potosi, Mexico. An autopsy on his body showed he had been shot once in the upper chest, and three times in the throat-neckarea
The other four victims — Rafael Negrete Perez < also listed as Nunez >, Adolpho Mata < also listed as Arviso), Genara Coronado, and Juan Jose Ramirez — have since been discharged from San Antonio hospitals.
— DEBBIE DeLOACH
AUSTIN (AP) — Pro-Ufe lobbyists believe “The Silent Scream” — a film showing a fetus during an abortion — will push Texas lawmakers to support tight restrictions on abortion.
VideoUpea of the film were distributed to all legislators Tuesday as part of the California-based Crusade for Life’s effort to get it in
the hands of all lawmakers in the nation.
Rockdale Rep. LB. Kubiak, sponsor of the abortion regulation bill, said the film leaves no doubt as to what happens during an abortion.
“There is something alive in there It’s not just a blob,” he said.
The film uses ultrasound technology to show the abortion. Dr,
Bernard Nathanson, a former abortion rights activist, narrates the 28-mmute film. At one point he says the doctors “remove Hie head piecemeal.”
President Reagan has called “The Silent Scream” a powerful lobbying tool that could convince Congress to “move quickly to end the tragedy of abortion.”
WASHINGTON (AP) - President Reagan’s decisive Senate victory on spending for the MX missile sets the stage for three other floor votes he must win before Congress will release $1.5 billion to resume production of the nuclear weapon.
The Senate's 55-45 vote Tuesday to free funds to build and deploy a second batch of 21 of the highly accurate MX missiles underscored the president's powers of persuasion and gave Reagan the first major legislative victory of his second White House term.
Senator after senator credited the victory’ to Reagan’s personal lobbying and his adroit use of the argument that killing the MX system would undermine U.S. arms control negotiators and set back both national security and the cause of world peace.
“The power of the presidency is amazing," said Sen. Dale Bumpers. D-Ark., an MX opponent.
“I just didn’t know how many people were going to be influenced, both by the talks and by the president s efforts,” said Sen. Gary Hart. D-Colo., leader of anti-MX forces on the Senate floor.
Serious doubts remain in Congress about the effectiveness of the MX system, its impact as an arms control bargaining chip and the wisdom of deploying the full fleet of IOO missiles envisioned by the administration.
And even if Reagan prevails in the battle to free the MX funds Congress impounded last year, the future of the weapons system and its place in
Bill Price, Texas Coalition for Life director, said Tuesday, “We believe that if every member of the Texas Legislature would see this film, they would move quickly to end the scandalous, no-holds-barred abortion through all nine months.”
Kubiak's bill requires:
See ABORTION, Page 12A
Canyon in (tov, Canyon Dam outflow EiJwaids Aqurfai Canyon Lake level
270 cts tup 4) 834 cts (same) 856 cts (samel 624 84 (up 041 904 1 3 (up 09)
Spring arrived this morning and brought with it an expectation of partly cloudy skies and a high near 70 today. Winds will be from the northwest at 10-12 mph. Partly cloudy skies will continue tonite with a low in the mid 40s.
WASHINGTON (AP) President Reagan is seeking congressional approval to pend ti.5 billion to build 21 more MX missiles
Here. at a glance are tacts about the nuclear weapon
HEIGHT 71 teet WEIGHT 192 OOO pounds RANGE 5.000 mites MAXIMUM SPEED 15.000 mph ARMAMENT 10 nuclear warheads BASING Silos rn Nebraska and Wyoming
national defense and arms control is far from secure.
Several key senators said they do not intend to vote to authorize or appropriate the $3.2 billion requested by the president to buy 48 more MX missiles during fiscal 1986.
The Senate, as part of an MX compromise reached last year, now must vote on whether to actually appropriate the impounded MX money for fiscal 1985. That vote is scheduled for today, and the House is set for an identical pair of votes next week.
A key Democratic aide, asking not to be identified by name, said a survey of all House members shows a near even split on the immediate issue of lifting restrictions on MX spending, with about 200 representatives for the MX, about 200 against it and the rest uncommitted.
“I think this is winnable in the House,” Hart said of his anti-MX efforts. “But I think it's going to be tough We’U be working on the swing vote.”
See MX, Page 12A
Jail escapee ruled unable to stand trial
A Comal County jury declared a 27-year-old man incompetent to stand trial Tuesday for burglary of a habitation with intent to commit sexual abuse
Abelardo Escobedo was jailed without bond on Feb. 15 on that charge. Thirteen days later wearing a dark green trusty uniform, he tned to escape from the Comal County Jail, but was caught by Sheriff’s Investigator Dennis Koepp after a brief chase.
A 207th District Court spokeswoman said Escobedo was found incompetent to stand trial within the foreseeable future, because he lacked the presence of mind to confer with attorneys. The jury also found he had no rational or factual understanding of the proceedings against him.
The spokeswoman also said Escobedo was remanded back to tile jail Tuesday, where he will wait for a mental evaluation and-or possible commitment to the state mental hospital.