New Braunfels Herald Zeitung (Newspaper) - September 19, 1997, New Braunfels, Texas
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24 pages in three sections ■ Friday, September 19,1997
Serving Comal County and surrounding areas for more than 145 years ■ Home of Oran Ko app
♦5, No. 222
inside I Davis’ attorney to appeal court order for new trial
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oh unlay wisnas from th# HnkHiHung!
The New Braunfels Herald-Zeitung extends birthday wishes to:Onui Koepp, Marty Davis, Alton MeHza, Carla Bandy Saturday), Kevin Brown (Saturday), Nancy Sheridan (Saturday), Deiores Spicer (Saturday), Irene Stock (Saturday), Barbara Wetud (Saturday), Paul Dailey-HX. (Saturday), Joe Sisak, Joseph Ward (IO years), Brittany Buckner (Saturday), Darlene Caddell, Mkhdle Reininger and Dustin Barsch.
Happy Anniversary wishes go to Mark and Tanya Garrison (5 years).
I. To have a birthday or anniversary listed here, call 625-9144.
By SUSAN FLYNT ENGLAND
Ragweed —120 Cocklebur—10 Pigweed —16 Molds —1.455
Cedar Elm — 24 Grass — trace
(Rotan manured in pate per abc meter af ar. Mansion poufed by Dr. Frank HanpeL) River Information Comal River — 290 cubic feet per second, down 4 from Wednesday Edwards Aquifer Panther Canyon Weil — 625.X feet above sea level, down 02 from Wednesday
CanyorvOam ckscharge — 350 cts Canyon Lake inflow — not available Canyon Lake level — 909.91 feet above sea level. (Above conservation pool.)
NEU reports pumping 6.956 miion gallons of surface water Wednesday, and 1.551 mMon galops of we! water were
■ Rings win coot off on Sunday Tonight — Partly cloudy. Lows in the mid 70s Southeast winds 5-10 mph.
Ootaofdoy — Partly cloudy with a 20 percent chance of afternoon showers or thunderstorms. Highs in the mid 90s. Southeast to east winds 5-10 mph Sunday — Mostly cloudy with a chance of showers or thunderstorms. Much cooler with highs in the 70s to the lower 80s.
— Mostly cloudy with a chance of showers or thunderstorms. Lows in the 50s in the hills to 60s south central. Highs in the mid 70s to mid 80s.
QfiMM Market Days
Old Gruene Market Days will be Saturday and Sunday from 10 a.m. to 6 p.m. in historic Gruene There will be more than 100 vendors on hand featuring a variety of arts and crafts items.
TMW Min of mw
McKenna Memorial Hospital now has a new address. The old address, 143 E. Garza St., has changed to 600 N. Union Ave.
Coffuctof cm auction
The 46th semi-annual Greater San Antonio/Austin Collector Car Auction and Show will be on Saturday and Sunday at Wursthalle in New Braunfels. An auction preview will be from 1 p.m. to 6 p.m. Friday.
Gates open at 9 a m. Saturday and Sunday, and the auction will be at 10 a m. daily. Admission is $5 daily for adults and S3 daily for children. Children younger than 5 years old get in free.
The Comal County district clerk has yet to receive the paperwork ordering a new trial for Jack Warren Davis, but already his attorney is planning steps to stop die trial before it starts.
“I haven’t even seen the order yet that’s referring him back to die trial,” said Comal County district clerk Margaret Herbrich. “I don’t have legal confirmation yet.”
Davis’ attorney Stanley Schneider said he would move for a rehearing.
‘Til do it within 15 days of yesterday, or Oct. I, to be exact,” Schneider told the Her&ki-Zeitung Thursday.
The Texas Court of Criminal Appeals ordered Wednesday that Davis’ case be retried. Davis was con
victed in 1990 of the murder of Bulverde Elementary School teacher Kathie Balonis and sentenced to life in prison. A court of appeals reversed thcdecision based on prosecutorial misconduct in 1992. Then in 1993, a district court ruled that enough'valid evidence remained to try Davis for Balonis* death, despite questions about the validity of serologist Fred Zain’s testimony.
The case was appealed to the Texas Court of Criminal Appeals.
Comal County Criminal District Attorney Dib
Waldrip said the court made the right decision Wednesday. “We think it is tire proper ruling. We will certainly prepare the case for prosecution.”
If the court’s order is carried out, Herbrich said, the trial will start over from scratch. “We’re just back to the beginning of the case, like it just got indicted,” she said.
Schneider said he could pursue one of several options to halt the retrial. “We’ll file a rehearing Turn to Davis, Page 2A
Family pickets over convicted molester’s sentence
By DENISE DZIUK
Friends and family picketed outside Comal County Courthouse Thursday morning while a man convicted of aggravated sexual assault of child was sentenced to 99 years in prison and a $10,000 fine.
A Comal County jury last week convicted Domingo Miranda of sexually assaulting an 11-year-old girl.
Formal sentencing was pomjnqi7 nfrgpfi. Thursday.
Before handing down the sentence, District Judge Bill Bender asked Miranda if there was any reason he shouldn't pronounce a sentence.
Miranda responded, “because I’m not guilty.”
While the sentencing was taking place on the third floor of the courthouse annex, Miranda’s friends and family members were on the sidewalk in front of the courthouse protesting the verdict. About 24 people lined the sidewalk for at least three hours holding signs with messages including “no evidence, no guilt” “no justice for Hispanics” and “free the innocent.”
“We wouldn’t be out here if we didn't know he was innocent,” said Miranda’s sister-in-law, Lisa Miranda. “We believe that he's innocent, and we believe there was an unfair trial.”
According to the prosecution, Miranda, who often took the girl out to get a soda, picked up the 11-year-old daughter of his ex-girlfriend on Jan. 30, took her to Lamia Park and sexually assault-
At left and below, about 25 friends and family members line the sidewalk in front of Comal County Courthouse Thursday in protest of what they called an unfair trial in the case of Domingo Miranda, who was convicted of aggravated sexual assault of a chital and sentenced to 99 years in
Herakj-Zeitung photo by Michael Darnall
cd her in die back seat of his car.
The girl told her mother about the incident when she got home, and was taken to McKenna Memorial Hospital for examination.
Evidence presented in the trial by Bexar County serologists showed DNA from semen found on the girl s underpants matched DNA from Miranda’s blood.
Lisa Miranda said the all-white jury of eight women and four
Turn to Protest, Page 3A
Students treated after one brings drugs to school
By SUSAN FLYNT ENGLAND
As many as 14 Canyon Middle School and Canyon High School students were taken to McKenna Memorial Hospital Thursday after taking prescription drugs allegedly brought to the school by a student.
“A student had prescription drugs on the bus, then was passing them out in the restrooms,” said Comal Independent School District public information officer Don Clark. “According to Tim Brierty (at McKenna hospital), there were a total of 14 who were eventually seen.”
Three students were kept overnight for observation, he said.
New Braunfels Police Department reports show the student was a 12-year-old girl, according to Lt. John Wommack. Police filed a separate overdose report for each student, Wommack said.
“They definitely are looking at filing on the young lady for banging the drugs into a drug-free zone,” he said.
Several drugs were involved, Clark said. Police would not know what drugs were involved until they were sent to a laboratory for testing. Wommack said.
“The doctor said one or more of them could have caused seizures,” Clark said.
Dr. John Flanagan, McKenna’s director of emergency medical serv ices, and Dr. Terry Pick treated the students, said Bnerty. School administrators called EMS at about 9:45 a.m. after other students reported the alleged drug activity, Clark said.
Flanagan, New Braunfels EMS, tire department and police units responded to the call. Two nurses from other CISD schools also assisted, Clark said. School officials also called poison control, he said.
W hoever brought the drugs on campus could face dire consequences, both from CISD and from law enforcement — for her alleged actions.
“Under the rules, there is a w ide range of alternativ es, up to and including expulsion,” Clark said.
The CISD Discipline Management Handbook says a student could be placed in Comal Discipline Center for ”... selling, giving, delivering possessing, using or being under the influence of marijuana, a controlled substance or a dangerous drug.”
The handbook says, “At the distnct’s discretion, a student age IO or older may be expelled if the student sells, gives, delivers to another person, possesses, uses or is under the influence of ANY amount of marijuana, a controlled substance, a dangerous drug or alcohol at school or a school-sponsored event.”
State law requires that students be expelled if they, on
Turn to Drug*, Page 3A
City’s economic development work earns top honors
FORT WORTH — The city of New Braunfels' economic development piogram was named the best in the state Thursday tor cities between 15,000 and 40,000 population by the Texas Economic Development Council.
Mayor Jan Kennady accepted the award on behalf of the city and the Greater New Braunfels Chamber of Commerce. The award was presented during the TEDC’s annual conference.
Only five programs in the state received the award
Each program was evaluated on five criteria: innovative-ness, transferability, community commitment and leverage and measured objectives and secondary benefits.
The city’s nomination was submitted by the Lower Colorado River Authority. The nomination cited New Braunfels’ creation of the Economic Development Corporation in 1996 and passage of a half-cent sales tax for economc development
Also cited were:
—The partnership between the chamber and the city in creating an economic development effort;
\ — Creation of the chamber’s industrial development effort, which included working with 267 “prospect*” in 1996;
— Tourism development and promotion; and
— Success in attracting new companies such as Great American Products, a pewter gift products manufacturer, and
American Legion takes on van for veterans
By DAVID DEKUNDER
Mayor Jan Kennady raoalvaa tho award from economic development ewer de chairman Nail McDonald of the Tanas Economic Development Council.
Simpson Rate Products, makers of safety equipment.
“When the community was going after Wal-Mart distribution center in the 1980s, it was highly competitive. We learned then that the only way we would be able to compete was to create a strong private-public partnership,” said Michael Meek, president of the chamber. “Over the past IO years, we’ve developed a program that is really starting to pay off.
“We had IO people from New Braunfels here for the awards ceremony, he said. “When professionals think of top economic development programs in Texas, we’re one of the cities that’s thought of.”
Cities competing with New Braunfels were: Corsicana, Edinburg, Kernville, Lancaster, Marshall, McKinney and San Marcos.
County veterans’ service officer Gus Culwell gave Comal County Commissioners Court good news about a van for veterans Thursday.
In a report to commissioners, Culwell said American Legion Comal Post 179 has agreed to temporarily accept a 1986 Dodge Ram van donated by W.P. Ai nold, a 42-year Air Force veteran who lives in Northcliffe.
The van could transport up to six veterans at a time to San Antonio area Veterans Administration hospitals.
Culwell said veterans’ groups within the county are forming the Comal County Veterans Council to oversee the van and its maintenance when it is put into operation.
“The council will primarily take over the ownership and operate the van,” Culwell said.
He said it would take three to four months to incorporate and form the council. Its next meeting will be at IO
a.m. Oct. IO at Comal Post 179, American Legion, on the comer of Coll Street and Academy Avenue.
Local veteran Ray Robinson said he wanted to form a coalition with local v eterans groups to compnse the council and keep the veterans’ van operating.
“We had a meeting a couple of weeks ago,” Robinson said. “Each organization is showing an interest... it is a matter of ironing out the details.” The county has budgeted $ 1,500 to give veterans for the upkeep and insurance of the van. Robinson said another $ 1,000 would come from Amen-can Legion Post 643 in Canyon Lake. Robinson said the post has had the money tor the last several years atter an organization gave them tin: money for a van to transport veterans to medical facilities in the area. The Canyon Lake Post has never been able to do that.
Robinson said the Comal County Veterans Council could have each of die nine veterans organizations in the Turn to Veterans, Page 3ASts. Peter ana Paul honors Kaufman tor 10 years of service as deacon — Page 6A