New Braunfels Herald Zeitung (Newspaper) - November 17, 2009, New Braunfels, Texas
TUESDAY, NOVEMBER 17 2009Zeitung
Canyon girls' crou country team competes in state final. Pag* 6
xu A k.ii/'c^it/ift.ir^ i Serving New Braunfels and Comal County since 1852
THANKSGIVING i ......................................................'..........................................-....................................
16 pages, 1 section
Prepare or serve food at the community dinner. Page 2
herald-zeltunfl.com j • "■5W25^oooo
DEARABBY 11 CLASmPIEOS 14 COMICS 10 CROSSWORD fO FORUM 4 OBITUARIES S SPORTS •
TV GRIDS 11
- - -
Conflicting portraits of dickers arise during sentencingTMAL MClCmOUMD
Janice Marit VIckart. 48, was on trial for murdor in tfia death of 82-year-old SNrley Undenbaum.
Following a two-year investigation. Vickers was arrested on Dec. 12, 2008 and charged with intentionally running over and killing Undenbaum with her vehicle on White Oak Drive neer StamviRe on Nov. 3,2006. Vickers pleaded not guüiy.
Jury selection was Monday, Nov 2. The triel started Tuesday, Nov. 3, with testimony from the prosecution. Assistant attorney generals, Ralph Guerrero and Wasley Mau, were deputized as assistant district attorneys in the ceee and led the prosecution.
Attorney Mark Clark defended Vickers.
Vickers faces up to 99 years and up to $104)00 in fines after she was
found guMty on Friday.
207th District Court Judge Jack Robison presided over the trial.
The fate of Janice Vickers, convicted Friday of muider, still hung in the balance after the first day of her sentencing hearing Monday
Prosecutors and defense attorneys made closing arguments in the punishment phase of Vickers' trial. The jury retired at 5 p.m. to continue deliberations today.
Vickers, 48, feces up to 99 years and up to $10,000 in fines after she was found
guilty on Friday of intentionally running over and killing 82-year-old Shiriey Undenbaum on Nov. 3,2006 in Canyon Lake.
On Monday, prosecutors wove a history of Vickers' threatening and menacing behavior, while a parade of defense witnesses told how the mother of two is great with children, a devout churchgoer and a compassionate member of the community.
Vickers: According to the prosecution
In 2002, two cheerieaders claimed that Vickers threatened them after an argument Vickers' daughter had over cleanup
after a Smithson Valley High School pep rally.
Jillian Schaner, 23, was a 16-year-oId Smithson Valley sophomore at the time she alleges Vickers drove her Chevy l iiiioe — the same vehicles used in the I jnden-baum murder — toward Schaner and slammed on her brakes just feet from her.
"Did I almost run you over?' vSchaner reported Vickers saying after showering Schaner with abuse. "Well, I should have."
On the same day, Kameron Holley, also
See Vickers, Page 12
JUSTICE CENTERPetition: 6^00 signatures
At the Crosswalk Cafe Monday, Glen Peterson, left, with his wife, Gizem, look over hundreds of [es containing ~ signatures requesting a justice center bond election.NBISD namessuperintendentcandidateBy Eric J. Weilbachsr
The New Braunfels Independent School District Board of Trustees unanimously named assistant superintendent for business and operations, Randy Moczygem-ba, as the lone finalist for superintendent Monday night.
The 7-0 vote begins a 21-day waiting period before the school board may officially ofifer Moczygemba a contract. During that 21-day waiting period, three town hall-style "receptions" will be held for the public to get to know Moczygemba. The vote on his approv^ will take place at the Dec. 14 school board meeting. Current superintendent Mike Smith resigned after three
See Superintendent, Page 12
Mot guilty plea entered in child pornography case
Photos tiy LAUIIA MeKBiZIE/Heratd-Zeitung
Glen Peterson, right, stands beside County Clerk Joy Streater as he turns in petitions on Monday.
Petitioners turn in 6,500 signatures Monday requesting bond electionBy Chris Cobb
After a 30-day petition drive collected more than 3,000 signatures above the necessary threshold to force an election, the downtown justice center's fate is closer than ever to being decided at the ballot box.
The petition was turned in Monday
to the Comal County Clerk's Office.
Petition organizer Glen Peterson said democracy was "alive and well," after he submitted 6,500 signatures ft'om county residents asking to vote on the construction of a proposed $36 million facility in downtown New Braunfels.
County Commissioners voted inSee «liMtice Center, Page 12By Chris Cobb
The Herald Zeitung
SAN ANTONIO — Attorneys for Burton De La Garza entered a plea of not guilty Monday in federal district court for charges of production and possession of child pornography.
De La Garza is accused of using a minor to produce child pornography for more than a year in 2006 and 2007, as well as possessing explicit images of minors from February 2006 until he was arrested by federal agents on Oct. 16.
He was charged with one count of possession and one count of production of child
porn, after a grand jury indicted him on Nov. 4, ¿leg-ing that he "did knowingly employ, use, persuade, induce, entice, and coerce a minor to engage in sexually explicit conduct," to make pornographic materials.
De La Garza faces between 15 and 30 years in prison if convicted of production, and up to ten years in prison for one count of possession. He was arrested on Oct. 16 by FBI agents.
He did not appear before a judge Monday, instead having attorneys enter a plea of not guilty on his beh^f.
De La Garza's next court appearance has not yet been scheduled.
Who makes history? State Board of Education to decide
Graduittkin requirements, changes to the so(^ studies oiiiicuhim, Ian-arts decthres and etectronic
purchasins aie all on this week's agenda of me Texas State
Board of Education.
The 15-member elected body will meet today through Friday in the William B. Ihtvis buUding, 1701 N.
Congress Ave., in Austin.
At the forefront of this week's meetingi are possible changes to the social studies Texas Essentia Knowledge and Skills, orTEKS. TEKS are written as teaching guidelines for each subject Adherence is required statewide.
In September, the State Board of Ediicatkm heard from an appointed review panel on what historical figures should be adcted to or dropped
from bodi die TEKS and textbooks.
According to published recommendations from members of the review panel, César Chávez, Thur-good Marshall, Amelia Earhart and Benjiunin Franklin were suggested for removal from some grade levels or a reduction in their mention.
Because textbooks are approved statewide instead of sddy by local district, Tracas is the largest single maitet for textbodcs, according to
the Texas Education Agency Wsb site.
Suzanne Marchman, a spokesperson for the Texas Education Agency, said that, as of Monday, 22 people are signed up for the public hearing portion of the meeting that will address the social smdies curriculum, and another 23 are signed up to discuss graduation requirements.
The current chair of the state board, Gail Lowe (R-Lampasas), said the board is not trying to add or take
anyone away from history textbooks. Rather, board members want to examine the frequency of some historical figures.
"For instance, Chavez, (Thurgood) Marshall and Benjamin Franklin are mentioned three or four times," she said, adding that Henry Ford is not mentioned at all. Board members have created a "historical figure chart" they used to keep a tally of how often figures are used.