New Braunfels Herald Zeitung (Newspaper) - September 18, 1997, New Braunfels, Texas
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16 pages in two sections ■ Thursday, September 18,1^97 Serving Comal County and surrounding areas for more than 145 years ■ Home of
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Vol. 145, No. 221
Sirthday wlthts from the Herald-Zeitufig!
The New Braunfels Herald-Zeitung extends birthday wishes to: David Heefaer, Janie Lopez, Kenneth Wafter, Guy Garrett, Ger-ald Tfanmerman, Romeo Zamora, Mark Sanchez (belated), Deana Fischer, Sybil Hintner and Ray SikwoocL Happy Anniversary wishes go to Kathy and Steve Meurin, Gerald and Pam Hmmennan (15 years) and Jadde and Romeo Zamora 4 years)-To have a birthday or anniversary listed here, coli 625-9144.
Mold —1,887 Pigweed —10
Ragweed—106 Grass —6
Cedar Elm — 24
(Rolan measured in parts per cube meta of ar Irtameion provided ty Dr. Frank Hampel) River Information
Comal River — 294 cubic feet per second, down 5 from Wednesday.
Edwards Aquifer Panther Canyon Well — 625.32 feet above sea level, down 02 from Wednesday
Canyon Dam discharge — 350 cfs Canyon Lake inflow — 252 cfs
Lake level — 906.94 feet above (Above conservation poof.) New Braunfels Utilities NSU reports pumping 6.976 mAon gallons of surface waler Wednesday, and 2.246 rriton gallons of we! water were load.
Wither cools off this wssksnd
Tonight — Partly cloudy. Low in the upper 70s Southeast wind 5-10 mph.
Friday — Mostly sunny and continued very warm. High in the upper 90s Southeast wind near 10 mph.
Saturday — Partly cloudy with thunderstorms likely late in the day. Highs in the 90s.
Sunday — Mostly cloudy and much cooler with a chance of rain or showers. Lows in the 50s Highs in the 70s.
Monday — Partly cloudy. Lows in the 50s, 40s Hill Country. Highs in the 70s, near 80 west.
Watch out for road work
Motorists driving around town need to be on the look out for work crews in the following areas:
• Work crews will be preparing Hackberry Street near Katy Street for additional construction and reshaping
• City crews will be ^striping parts of Common Street near the fair grounds in anticipation of the Comal County Fair.
•Texas Department of Transportation crews are continuing work to expand Interstate 35 between SoJms Road and Farm-to-Market 3009 No lanes will be closed, but southbound exits, with the exception of FM 2252/FM 482, will be closed
• Work soon will begin FM 1102 between Watson Lane and Hoffman Lane, and traffic will likely be reduced to one lane next week
The Community Service Thrift Shop is row soliciting donations. All items are welcomed. Bring donations to 132 Cadded or contact Pete at 625-3439 for pickups on Tuesdays and Wednesdays Thrift shop hours are 9 a.m. to noon and 1 p.m. to 4 p.m.
Court orders new Davis trial
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Appellate judges vote 7-2 to retry capital murder case
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An fiptllrti court ruled Jack Warren Davie could ba retried for the 1910 alaying of Bulverde Elementary School teacher Kethie Befool*.
From staff end wire reports
AUSTIN -r- In a case turning on constitutional limits bn repeated prosecution for the same offense, the Texas Court of Criminal Appeals has given the go-ahead for a new trial in a capital murder case from New Braunfels.
Jack Warren Davis, who has maintained his innocence and is living in Mississippi, originally was sentenced to life in prison in the 1989 stabbing/strangulation death of Kathie Balonis, a teacher at Bulverde Elementary School.
The indictment said her murder occurred during an aggravated sexual assault or burglary with intent to commit such an assault.
Louise Balonis, the victim’s mother who lives at Canyon Lake, said today, “It is a very good decision. Jack Davis murdered our daughter. Well, I don’t think any trial can give Jack Davis the justice he deserves. That is entirely up to God. When we are on this earth, we have rules we have to follow. He broke the ultimate rule. He murdered Kathie. We are looking forward to the day when he is back in prison."
The 3rd Court of Appeals reversed Davis’ conviction in 1992, saying actions by then-district attorney Bill Reimer denied Davis a fair trial. It sent the case back for a new trial.
But Davis argued that he should not have to
The Balonis capital murder case
■ Nov. 17,1989—School leacher Kathie Balonis, 24, was found beaten, strangled and stabbed to death in her apartment at New Braunfels Oaks Apartments. Jack Warren Davis, who was a maintenance worker at the apartment, was charged with the capital murder.
■ 1990—Davis was convicted of the murder of Kathie Balonis and was given a life sentence.
■ 1992—A court of appeals reversed the conviction based on prosecutorial misconduct.
■ November 1993—A district court ruled there was enough evidence to require Davis to stand trial for the Balonis death despite questions about the validity of testimony by serologist
Fred Zain, who was accused of mishandling and fabricating evidence in numerous other cases. The decision was appealed to the Texas Court of Criminal Appeals.
■ December, 1993—District Judge Charles Ramsay granted a defense motion to lower Davis’ bail from $200,000 to $50,000. Ramsay also barred Davis from remaining in Texas while he awaited the new trial.
■ November, 1996—Davis settled a civil lawsuit against Zain and would receive a $600,000 settlement.
■ Sept. 17,1997—The Texas Court of Criminal Appeals cleared the way for prosecutors to retry Davis for the 1989 murder.
undergo a second trial, citing constitutional guarantees against double jeopardy.
The guarantees protect criminal defendants against a second prosecution tor the same offense after an acquittal or conviction, and after a mistrial due to prosecutorial misconduct.
Red Barons fly into New Braunfels
Aircraft on display at municipal airport
By DENISE DZIUK
Residents will have an opportunity today and Friday to step back in history and view two planes from the 1940s — and support the Texas Special Olympics
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Two planes from the Red Baron Stearman Squadron came to New Braunfels Airport Wednesday to promote the Red Baron products and raise money for the Texas Special Olympics.
Robert Starr, key account manager in San Antonio, said the main purpose of the three-day event was to increase sales. However, he said a portion of the sales in the next two weeks would be donated to the Special Olympics. Donations also are being taken at the event.
“Any city they do, we have to choose a charity, and our charity of choice is the Special Olympics in San Antonio and the surrounding area,” Starr said.
Pilot Patrick Rediker said the two planes brought to New Braunfels were built in 1943 and 1944 and were part of a six-plane squadron. He said the squadron traveled across the country from March to November doing promotions and air shows. So far, the six planes have been to approximately 200 cities throughout the Unit-
HerakJ-Zeitung photo by Michael Darnali
Rid Baron’s Pizza pilots Patrick ntoiler and Travis Autos took arse media for acrobatic ridaa over Comal and Guadalupe Counties Wednesday.
ed States, he said.
“I don’t think there’s too many states we’re going to miss this year,” he said. “You can say it’s a real novel way to market products.”
The squadron gets its name from Baron Manfred von Richtofen, who was famous during World War I for personally downing 80 Allied aircraft. The airplane he flew was bright red, hence the nickname “Red Baron.”
Rediker and another pilot flew about three botas Wednesday morning from Longview to New Braunfels. He said they would be at the air
port through Fnday. The pilots will be giving ndes to only sales representatives and business people, but the public is invited to view the airplanes, visit with the pilots and w atch the flights.
Rediker said the public usually enjoyed the events.
“It’s like the circus comes to town,” He said. “We really like to show the kids the plane, because a lot of times it’s the first time they’ve been this close to one.”
V isitors to the Red Baron Stearman Squadron can also purchase caps and toy planes.
WORD delays vote on early warning system
By DAVID DEKUNDER
SATTLER — Water Oriented Recreation District board members said Wednesday they thought the plan for an early warning system for floods on the Guadalupe River was incomplete.
Guadalupe-Bianco River Authority chief engineer Tommy Hill gave a presentation to WORD at its board meeting at t he Canyon Lake Action Center in Saltier. Hill told the bond that GBRA was developing a system of rain gauges along the lower portion of the Guadalupe River from Canyon Dam to New Braunfels.
He said the early warning system would be a network of rain gauges that would feed information to GBRA computers in Seguin.
The board did not vote to con
tribute money to the project because it was listed on the agenda as a presentation only, not an action item.
Hill said GBRA committed $45,000 toward the project. The estimated cost to develop the early warning system is projected at $85,000. GBRA warts lo sign interlocal agreements with Comal County, city of New Braunfels and possibly WORD to fund the carty warning system.
Comal County set aside $20,000 toward the project contingent upon completion of an interlocal agreement. New Braunfels City Council is expected to consider setting aside $20,000 for the early warning system at its Monday meeting.
Hill said GBRA knew how it wanted to set up the warning system but it had not decided how campers,
tubers and rafters along River Road would be notified to evacuate once a flash flood occurs.
“We wart the system in operation by April,” Hill said. “The ultimate plan is to have five rain gauges in the watershed below Canyon Dam which will be used to help predict a flash flood.”
Board president Guy Anderson said before WORD would commit funding to the project, he wanted to see a plan that would take in account the businesses, outfitters and campgrounds along River Road and the process in which they would be alerted in case of a flash flood.
“Somebody would have to put a package that will tell us the benefit to us,” Anderson said.
Board member Scott Watson said he wanted to see a more complete plan from GBRA.
“We want to see the whole thing (system),” Watson said. “We want to see it expanded ”
Anderson said he would like to see the system expanded some time in the future to the upper portion of the Guadalupe River in Comal County.
In other business:
• The board heard from Manager Jim Inman who said Shiner Beer offered a $25,000 grant to WORD, which could be used for safety and conservation priorities along the river. WORD has to tell Shiner Beer how it plans to spend the money before it can receive the grant.
• Board members approved a four-month contract renewal with the Canyon Lake Chamber of Commerce for $5,000 for the promotion of the lake and the Guadalupe River.
Dunng his original tnal — after learning about contact between the district attorney and a w itness w ho then changed her testimony — Davis asked for a mistrial on the grounds of
Turn to Davis, Page 2A
GBRA gives approval to San Antonio water pact
By DAVID DEKUNDER
SEGUIN — San Antonio could be using water from Canyon Lake, thanks to action taken Wednesday by the Guadalupe-Bianco River Authority board of directors.
In a 5-3 vote, the GBRA board approved a preliminary agreement to supply western Comal County and Bexar County with 8,000 to 9,900 acre-feet of surface w ater per year from Canyon Lake.
After the vote, board chairman TE. Walker of New Braunfels said the project was a step in the right direction for GBRA.
“This is a big decision which will not only affect our basin, but ultimately (all oft Texas,” Walker said. “I am pleased we can move forward with this project."
The Canyon Lake-to-San Antonio pipeline project. which GBRA general manager Bill West said would cost $39 million, would bnng 4,000 acre-feet per year to Bexar County and between
4.000 to 5.000 acre-feet per year to western Comal County. An acre-foot equals approximately
325.000 gallons of water
The agreement would prov ide surface water to areas that depend on the Edwards Aquifer and need to reduce their dependence on it.
GBRA plans to build a water transmission line from the south side of the lake along Texas 46 and south to U.S. 281 into northern Bexar County. Part of the transmission line w ould break off from the main line and go west on Ammann Road toward Fair Oaks Ranch.
The river authority would construct an 8-mil-lion-gallon-per-day water treatment plant on the lake’s south side to distribute the water.
The entities who have signed preliminary agreements are the San Antonio W ater System, city of Fair Oaks Ranch, city of Boerne, Bulverde Utili- * ties and Apex W ater Corporation (Oak Village North).
Boerne has signed a separate agreement with GBRA to get surface water from the Guadalupe River. GBRA’s director of project development David Welsch said Boerne w as considering joining the western Comal County -Bexar County project because it would be less expensive.
The San Antonio River Authority, Bexar Metropolitan Water District and the Comal Independent School District also have expressed interest in to agreement.
Welsch said water retailers can expect to pay GBRA $ 1.60 per 1,000 gallons of water.
The Canyon Lake Water Supply Corporation has indicated it would not participate in the project, W;elsch said. Welsch said OBRA had offered to provide CLWSC with water separate from to pipeline project.
West said with approval of to preliminary Turn to OBRA, Page 2AGruene gets ready for music fest Od. 10-12 — Page 9A