New Braunfels Herald Zeitung (Newspaper) - November 14, 1993, New Braunfels, Texas
Emotional end to a great-season
photo by JOHN HUSETH
Canyon vollayball coach Donna Boahla (cantar) hugs Klratan Oalkars (lait) and Dawn Pantarmuahl altar Friday night's loss to Austin Wsstiaks In Austin. Sa* tiory, photo* on Pig* SA.IN SPORTS DAY Ifs Canyon over Bastrop for Bi-District championship - P. 9A
New Braunfels Sesquicentennial March 21,1845 March 21.1995
STAMM I ISC ll
The New Braunfels Herald-Zeitung extends the following birthday wishes; John Madden, Clare Pennon, Kathryn Cole, Andrew Scott (belated), eidetic Saenz, Diego Saenz* Ruby Truesdttt, Euphina Alvarez, Christe Leyua, Minerva Lam, Ingrid Barth Farts, Chloe Diaz, Irene Klein, Ted Pilcher, Leroy Richardson, Hazel Sluga, Man Ray Twite, Sylvia Lagunas Martinez (belat-ed), Gayle Offerman (belated). Happy Anniversary to Bruno A Leatrice Baerwald (41
f I Haratffjj^11' __
HeralchZeltung Cheer fund donations sought
The New Braunfels Herald-Zeitung's Cheer fund campaign to provide food for local needy families is continuing with much success. according to Circulation Director Carol Ann Avery.
"Delivery is going to be on Dec. 23. starting around 12 p.m.," she said. "Well need help in getting these deliveries made. If anyone can donate an hour or two to drop off these baskets, they should call me during normal business hours through the week."
Avery said that any type of non-perishable food item can be donated, as well as money.
The Cheer fund goal is to assist 200 local families this year. Over 1,900 families have received Cheer fund assistance over the last ll years, Avery noted. "This has been possible due to the generosity of the community."
To donate, call the Herald-Zeitung at 625-9144.
Crime prevention program aet
The Garden Ridge Area Women's Club will sponsor a crime prevention program at 7:30 p.m. Nov. 17 at the Bracken Volunteer Fire Department Community Hall.
Bracken Fire Chief Glenn Mueller, Garden Ridge Police Chief Pams Dudley and a representative from Citizens Against Crime will present information and answer questions about personal and property safety.
The program is open to all area residents. Call Evelyn Miller at 651-9718 for information.
Flu shote to be given et Lone Star
Flu, tetanus and pnuemonia shot will be given at Lone Star Elementary, 144 Hidalgo, for people ages 18 and up on Monday, Nov. 15 from 9 a.m. to 11:30 a.m. and also from 1:30 pm. to 4:30 pm. The cost of the shots will be S2.
For more information, call 620-5501.
(The 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 the community to gather and share the day's happenings. We invite you to share with us.)
COUGARS LOSE CHV PARRISH TO NJ URY, GAI117-7 BHASTRKT WH
hr— round showdown Austin Westlake... 40
■ Canyon wiN most the Alamo Haights. .. 21
next Saturday for the ama Seguin..........14
round title. Tentative tight it
Texat A4M*t Kyle Reid Notrs Dams......31
See story, Page 04.
Parrish lost for 3 weeks
■ Cougars quarterback Chip Parrith (right) it out for Siree week after dislocating his elbow early in the game last night. See Page 9A
NS CROSS COUNTRY WSB STAIE TULE!
■ The New Braunfoit Unloomt, paced by tophomore transver □ta Wettzor‘8 first place finish, won the Class 4A state cross country title Saturday In Georgetown, defeating host Georgetown and Dallas Highland Park tor the title. Roland Garcia finished seventh In the boys' Individual meet, Page 94.
40 Pages in three sections ■ Nov. 14,1993 Serving Comal County ■ Home BOEHLE
Vol. 141, NO. 256
Goodbread trial could spell end of controversy
By JENNIFER ROM PEL Staff Writer
Herald-Zeftung file photo
New Braunfels city councilman James Goodbread has been waiting for several months to find out lf he will be allowed to serve e fourth term on the council.
A decision on whether or not Council member James Goodbread should be allowed to take and retain his seat on the New Braunfels City Council should be made this week.
Jury selection rn the case will begin at 9 am. Monday and testimony is expected to begin the same day. Both sides are predicting a victory.
The issue is being brought to court because of a lawsuit filed by New Braunfels businessman Peter Lingamfeher. The lawsuit questions if Goodbread is a qualified candidate for city council.
The question arose after an amendment was passed by city voters in May limiting council members to three terms Goodbread has served three terms but contends the amendment was not retroactive.
A restraining order was put in place to prevent Goodbread from taking his seat. A decision was later made by the court that Goodbread cannot serve as a holdover candidate
until the issue of his eligibility is resolved.
“I think we will prevail,” said Atanacio Cim-pos, Goodbread’s attorney.
‘‘When the citizens of New Braunfels listen to the facts, they will find James Goodbread should be seated on council.”
Campos also said there Lingamfelter I shoolA ^ ^ problcms in
seating a jury for the trial, despite the large amount of publicity surrounding the case.
Officials from John Chunn’s office, who are representing Lingamfeher, would not comment on the case.
“I feel confident. I am hopeful it will be a victory,” said Goodbread.
“The voters made their message clear when they re-elected me,” he said.
He also said he wants the citizens to understand that he did not file the lawsuit.
Goodbread said he is anxious for the case to be over and said his family has “taken it in stride.”
“It has been a long drawn-out ordeal that has benefited no one,” he said.
Lingamfelter said he believes all laities in the case are looking forward to a resolution on the issue.
“That is why we took it to the courts,” he said. “It has nothing to do with politics.”
“The whole purpose is I want to protect my vote along with the 3,500 people who voted for term limitations,” he said.
“As events have evolved I have been interested in why so much emphasis has been put on a council person’s election and not the will of the people," he said.
‘‘No one seem to delve into the 3,500 votes cast for term limitations,” he said.
Lingamfelter questioned the reason why someone would vote for term limitations and the council person in question.
‘‘I wonder how they resolve the paradox within their own philosophy,” he said.
-Davis could be
free man again
West Virgina court’s findings on Zain throws kink in case of prosecution
By ROGER CROTEAU City Editor
Jack Warren Davis has served three years of a life sentence for the 1989 murder of New Braunfels school teacher Kathie Balonis, a murder he insists he did not commit.
And Wednesday, Davis could walk out of a New Braunfels courtroom a free man, depending on the outcome of a hearing in the 22nd District Court.
His conviction was overturned by the Texas Court of Criminal Appeals more than a year ago, and he has been waiting for a decision on whether he can legally be retried or not.
His attorney, Stanley Schneider will argue Wednesday that trying Davis again would violate the constitutional guarantee against double jeopardy.
Davis’ guilt was thrown into doubt after Schneider uncovered evidence that former Bexar County Medical Examiner’s office investigator Fred Zain mishandled and fabricated evidence in dozens of cases, said prosecutor Ray Taylor.
Zain, who was fired by the Bexar County Medical Examiner's office in July, worked as chief serologist for a crime lab in West Virginia between 1986 and 1989.
The West Virginia Supreme Court Wednesday released a report that calls for the prosecution of Zain for mishandling evidence in that state.
The West Virginia Supreme Court also ordered new trials for anyone imprisoned on the basis of Zain’s testimony, calling hit conduct “a corruption of our legal system.”
Davis' attorney Stanley Schneider said the finding in West Virginia will strengthen hit bid to free Davis here.
*Tt will help tremendously,” he said. "The reason for it ii that no one can agy that what he did in this case was a
The hearing set for 9:30 a.m. Wednesday is actually the continuation of a hearing that began in August.
At that hearing, Zain refused to answer questions.
Schneider said he has only one more witness to call, Dr. I.C. Stone, head of the Forensic Science Center in Dallas, who audited the Bexar County lab.
“He will be tying all the evidence together,” Schneider said.
Schneider insists that without Zain’s testimony, there is not enough evidence to convict Davis, and even Taylor, the prosecutor, said “reasonable minds could differ” on Davis’ guilt.
Davis was a maintenance worker at the New Braunfels Oaks Apartments, where Balonis was a resident, and where she was beaten and stabbed to death in what Taylor called a “sexual mutilation."
Schneider said the key piece of evidence was a blood stain Zain testified was Davis’blood, but which testing by another Bexar County Medical Examiner's Office employee showed was actually the victim’s blood.
Taylor said there is still strong evidence in the case that points to Davis guilt, and noted that whatever the outcome of Wednesday’s hearing, the case will be appealed.
He said Davis was seen coming and going from the victim’s apartment, that he cut his hand, allegedly during the assault, and that ejaculate was found in his underwear.
“I can’t say I am not troubled by the case, but I believe he murdered her,” he said.
“If Stanley proves the guy is innocent, and he proves it to me, which I do not think will happen, I will be happy, because I want to prosecute the guy who did it.”
Police, Safe City Commission looking for sign thieves
The New Braunfels Police Department and the Safe City Commission are on the look out for the person or persons responsible for the recent theft of several neighborhood crime watch signs in New Braunfels.
Theft of these signs is a class B misdemeanor and is punishable in the Comal County Court at Law with a fine up to $1,500 and/or up to six months in jail.
These signs were paid for and belong to the residents of
the neighborhoods from which they were stolen. They art not city property.
Safe City Commission Director Mike Grist said several signs have been stolen in various areas in New Braunfels. The cost of the signs is $35.
Anyone with information should call the Safe City Commission at 608-2100 or the New Braunfels Police Department at 608-2179.Today 's Texas Lottery numbers are 2 - 3 - 9 - 10-37-38 Jackpot $3 million