New Braunfels Herald Zeitung (Newspaper) - September 18, 1997, New Braunfels, Texas
2A g Herald-Zeitung Q Thursday September 18,1997
From Page 1
prosecutorial misconduct. He said the district attorney intimidated the witness.
The judge ruled there was no misconduct that would justify a mistrial.
The 3rd dourt of Appeals, in finding Davis was denied a fair trial, said the judge was wrong to deny that motion for a mistrial. But it denied Davis’ subsequent argument that double jeopardy protections denied his retrial.
The Court of Criminal Appeals decided 7-2 on Wednesday to uphold the 3rd Court’s decision.
’’Fundamentally, this is a due process case. It has long been the law that where a defendant’s due process rights have been violated to the extent that he has been denied a fair trial, the proper remedy is reversal of his conviction and (return) ... to the trial court for further proceedings,” Judge Stephen Mansfield wrote in the majority opinion.
Dissenting, Judge Charles Baird said he believed the state constitutional protection bars retrial.
‘‘The trial judge, through an erroneous ruling, should not be allowed to forfeit an individual’s valuable constitutional right,” Baird wrote. Justice Morris Overstreet also dissented.
Reimer said he was pleased upon hearing the news today.
“I think it’s a wonderful decision. I think it’s very fair. I think it’s based on judicial precedent., I think justice was done, and way overdue,” he said. “This is another typical instance of where justice delayed is
justice denied. The parents of the
victim have been denied justice all this time because of the continual dilatory tactics of the defense, and I think it’s long past due for this to be done.”
Lawyer Stanley Schneider of Houston, representing Davis, said he would ask the court to reconsider. If that’s unsuccessful, he said Im would go to federal court.
‘‘We’re talking about egregious misconduct, extreme misconduct” on the part of the prosecution,” Schneider said. ‘‘We’re talking about conduct that shocked the conscience of the trial court.”
‘‘It is a grave injustice,” he said of Wednesday’s decision.
Besides the alleged intimidation of one witness by th^ former district attorney, Schneider cited alleged misconduct by the former chief, serologist for the Bexar County medical examiner’s office.
If there is another trial, Schneider said he couldn’t mount a defense because key evidence has been lost or destroyed.
Reimer expressed hope that Davis would be placed behind bars until the new trial.
“At this time, the court should have revoked his bond and set a new, higher bond because of the fact that now he is in jeopardy for up to a life sentence,” the former district attorney said. “It's up to the judge to determine whether they leave him on bond or not. But now he is in jeopardy of going up for life. Is the bond high enough to prevent him from absconding from justice? Certainly the bond that he has out on him is insufficient.”
Jeffrey Van Horn, the flflt assistant state’s attorney, said he assumed the special prosecutor would go forward with a new trial.
His office, which represents the state in select cases before die Court of Criminal Appeals, got involved in this one because of its importance to state jurisprudence, he said.
‘‘It would be an absolute disaster to the judiciary of the state from our standpoint if we would have lost this case,” Van Horn said. ‘‘In effect, any case that got reversed on appeal for what might be reasons of prosecutorial misconduct would be barred from being retried.
‘‘Once the bar of the state realized that’s a possibility, they would be starting to try to transform almost any error into prosecutorial misconduct,” he said. “Almost anything can in some way be tied to the prosecutor.”
Schneider disagreed, saying, ‘‘This case does not open Pandora’s box.” *
Davis has been out of custody for about two years on bond and lives out of state pursuant to a court order, Schneider said. He would not say where.
‘‘He’s working. He’s back with his wife,” Schneider said. “He’s maintained his innocence from day
Comal County Criminal district attorney Dib Waldrip said he agreed with the court’s decision.
“Well, we are glad the court came down with that ruling,” Waldrip said. “We think it is the proper ruling. We will certainly prepare the case for prosecution.”
From Page 1
agreement, the project could begin by next year.
“It is one step of many,” West said. “Everything is predicated upon the Texas Natural Resource Conservation Commission.”
Before the project can get under way, the Texas Natural Resource Conservation Commission must approve a permit, because the agreement involves an interbasin rtransfer from the Guadalupe River to thc’ScyrAmitMHo Rims hftftML
GBRA general manager said he hoped the permit would be approved by the end of the year.
Welsch said people who have fears that the project will affect downstream water rights in New Braunfels along the Guadalupe River to Victoria have nothing to worry about.
“It is stored water (from Canyon Lake). It doesn’t impact downstream water users,” Welsch said.
Board member Pamela Hodges of , K rjuUU LuUfltti Witt QBC iii UK Jhrce
West said GBRA submitted a permlTapplication to TNRCC. The
board members who voted against the preliminary agreement.
“I am not opposed to the project,” Hodges said. “It is a good project. I am concerned with some of the language itself.”
Hodges said she was not sure how selling water rights to San Antonio would affect GBRA’s ability to handle growth in the Guadalupe River basin concerning water and how that would be affected once GBRA sells water rights to San Antonio.
West said the agreement would ..have safeguards to make sure the waacrArights were brought back'to the Guadalupe River basin in times VPnmrgcnciei, such as droughts.
Woman convicted of perjury for rape accusation may be deported
FORT WORTH (AP) — A former topless dancer sentenced to jail tor falsely accusing two Dallas Cowboys players of rape will face deportation to her native Iran after she is released from jail, officials say.
Nina Shahravan, whose accusations against Michael Irving and Erik Williams last December were recanted, pleaded guilty to a perjury charge Monday and was sentenced to 90 days in jail.
Shahravan, 24, will be turned over to the U.S. Immigration and Naturalization Service when she completes the jail term, officials said Wednesday.
Neither Shahravan, who is serving her sentence in a Dallas jail, nor her attorney, David Smith, could be reached late Wednesday for comment, The Fort Worth Star-Telegram reported today.
INS spokesman Lynn Ligon told the newspaper the federal agency
will attempt to deport Shahravan because she has twice committed a ‘‘crime involving moral turpitude.”
On Monday, Ms. Shahravan unexpectedly changed her plea to guilty and admitted that she lied when she told Dallas police that Williams and another man raped her in Williams* home while Irvin held a gun to her head.
Her attorney said he expected Ms. Shahravan to be released after serving a third of the sentence.
AGNES W. HEYEN Agnes W. Heyen of New Braunfels passed away Wednesday, Sept. 17,1997, at New Braunfels at the age of 91 years. She was bom Sept 22, 1905, at New Braunfels to Robert and Anna (Laux) Ebensberger. She married Harry James Heyen Aug. 1,1961, at New Braunfels. She was a housewife and a member of First Baptist Church of New Braunfels.
Mrs. Heyen was preceded in death by her husband, Harry James Heyen, in March of 1976; three brothers, Oscar, Henry and Robert Ebensberger; two sisters, Elenora Ebensberger and Cecelia Schmidt. She is survived by sons Kenneth Pittman of New Braunfels and Allen Pittman of El Cerrito, Calif.; brothers Charlie Ebensberger and, wife Margaret of Kerrville and Edward Ebensberger of Seguin; sisters-in-law Irma Ebensberger of San Antonio and Bernice Ebensberger of New Braunfels; nine grandchildren and nine greatgrandchildren.
Funeral services will be 4:30 p.m. Thursday, Sept. 18, 1997, at Doeppenschmidt Funeral Home with Bryan Rust officiating. Burial will be at the Comal Cemetery. Visitation will continue until service time. In lieu of flowers, memorials may be given to Hospice New Braunfels or to the Eden Home Inc.
Doeppenschmidt Funeral Home
DAN RIGHT PARKER
Dan Right Parker of New Braunfels passed away Tuesday, Sept 16, 1997, at Eden Home Inc. in New Braunfels at the age of 81 years. He was bom Oct. 26, 1915, at Houston to Charles T. Parker and Irene (Hilly) Parker.
He married Grace Henry Sept. 19, 1937, in Houston. He was a 1937 graduate of Texas A&M University and a longtime member of the Century Club, past president of the Texas Concrete Association, was a vice president and served on the board of directors of Parker Brothers and Company Inc. of Houston. He attended St. John’s Episcopal Church in New Braunfels and served in the Army Air Corps duringWbrldWarn. * >"
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Parker of New Braurfels; daughters Rosemary Bttntffon mr her husband W. D. of New Braunfels and Erin Srader and her husband John of Houston; a son, Dan T. Parker and his wife Susan of Houston; a sister, Mary Foster of Houston; six grandchildren and two great-grandchildren.
Memorial service will be 11 a.m. Saturday, Sept. 20, 1997, at St. John’s Episcopal Church with the Rev. Milton McWilliams officiating.
Memorials may be made to the charity of one’s choice.
Doeppenschmidt Funeral Home
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A&M suspends professor following year-long probe
HOUSTON (AP) — A Texas A&M University professor accused of depositing more than $100,000 in school money into a private bank account has been suspended with pay, Texas Journal of The Wall Street Journal has reported.
Dhiraj Pradhan has until Friday to respond to the allegations.
“I have done nothing wrong,” he toltf the newspaper for a story in Wednesday’s editions.
Pradhan has become known on campus as an outspoken critic of the uniyersity’s management and tenure policies. He contends the university is retaliating against bim because of
Girl Scouts to register
New Braunfels Girl Scout registration will be conducted from 9 •.rn. to 2 p.m. Saturday at the Girl Scout House on the corner of Fredericksburg and Howard.
lf you have any questions on Saturday or need directions, call 625-0432 during the registration hours.
his activism and his ethnicity.
A native of India, Pradhan last month filed a race-bias complaint against A&M with the U.S. Equal Employment Opportunity Commission.
The EEOC, which doesn’t comment on such filings, hasn’t asked the school for a response.
According to a report by university auditors, Pradhan abused his position as a faculty member, filing false travel vouchers and requiring his students to perform work that would benefit three private businesses he controls in College Station.
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