THE BATTALION
THURSDAY, OCTOBER 19, 1978
nmate strike still on;
ight reports confirmed
Page 5
United Press International
(HOUSTON — An estimated 470
nates at the maximum security
lis Unit still are refiising to work
protest of prison conditions, but
Jngs could return to normal in the
ite’s prisons by early next week,
s W.J. Estelle Jr., director of the
ixas Department of Corrections.
Estelle, ending a week-old news
ickout of the inmate strike in
|exas prisons, told a news confer-
ice Wednesday that the remaining
^ prisoners are refusing to
ICES Lnrk and have been locked in their
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He also confirmed reports of a
Jght between between inmates and
aids at a TDC unit at Palestine
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“The situation today is that some
inmates continue to refuse to work.
It is a diminishing number and we
are at an approximate 98 percent
level of normal operations,” Estelle
said. “Assuming a continued trend
of improvement, the department
could well achieve 100 percent
normal operations by the first of
next week.
“It was necessary to use tear gas
and riot batons to control the hostile
inmates and return them to their
cells,” he said.
Estelle said 28 inmates suffered
scalp and head wounds and more
than 15 corrections officers were in
jured by scalding water or flying de
bris in the three-hour altercation at
the Coffield Unit near Palestine
United Press International
WASHINGTON — State Department officials said Wednesday
lat President Carter has decided to move ahead with a new nuclear
Ireapons design that keeps open the possiblity of developing a so-
illed "neutron weapon. ”
The officials said the United States is modernizing some nuclear
reapons with a design that can easily be turned into an enhanced-
Jjdiation weapon
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mich can kill without doing large amounts of damage to buildings or
ehicles.
The officials said the president's decision, essentially a go-ahead to
ibligate funds in the new defense budget, “preserves the option to
reduce a neutron weapon, but does not prejudice a final decision.”
In a brief statement, the Energy Department, which is responsible
pr designing and building nuclear weapons, said it “has received
lirection from President Carter to begin to obligate fiscal year 1979
iinds for the production” of the two warheads.
This obligation of funds will implement President Carter’s deci-
Oct. 10.
He said the incident began when
inmates armed themselves with
broken furniture, mop and broom
handles then barricaded themselves
in a prison facility.
Convicts have staged work stop
pages in support of a civil suit filed
by eight inmates to have prison
conditions improved.
Estelle said on Monday he asked
lawyers from the attorney general’s
office to inform U.S. District Judge
William Wayne Justice in Tyler of
the developing situation in the
prison units. Justice is hearing the
inmates’ class action lawsuit alleging
that prison living conditions consti
tute cruel and unusual punishment.
Estelle said he clamped a news
blackout on word of TDC activities
to protect the rights of the convicts
and the 3,000 system employees.
“I am sensitive to the public’s
right to know what is going on in
their prisons and I’m aware that the
only way this happens is through
your work, ” he told reporters at a
news conference in a Goodwill In
dustries chapel. “At that particular
time, my judgment was that the
safety of people and protection of
state property was an obligation best
met by temporary silence.
“I don’t expect everyone to agree
what I did was right, but I hope they
understand my motives,” he said.
Now you know
United Press International
The full title of Pope John Paul II,
according to Roman Catholic tradi
tion, is John Paul II, bishop of
Rome, vicar of Jesus Christ, suc
cessor of the prince of the Apostles,
supreme pontiff of the Universal
Church, patriarch of the West, pri
mate of Italy, archbishop and met
ropolitan of the Roman Province,
sovereign of the Vatican City state,
servant of the servants of God.
ion of April 7, 1978, to proceed with modernization of these two
leater nuclear weapons, ” it said.
The new components, the officials said, would be incorporated in a
|ew version of the Lance surface-to-surface missile and the 8-inch
owitzer shells.
I Tlie Lance is a medium-range battlefield weapon with a guidance
htem that gives extremely high accuracy. It is now deployed in
[estem Europe.
(Speedy Trial Act upheld
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United Press International
AUSTIN— The Court of Criminal
ipeals, in a decision prosecutors
will result in dismissal of hun-
reds of pending criminal cases
toss Texas, ruled Wednesday the
leedy Trial Act applies to all cases
tiding on July 1, 1978, the date
law went into effect.
That ruling will mean all felony
(esnot brought to trial, or delayed
the request of the defendant,
:hin 120 days of July 1, will be
bject to dismissal under terms of
law.
“There are cases all over the state
ere offenders - by the mere fact
1120 days has past- will be bar-
from prosecution,” said Bill
lite, assistant district attorney for
ivis County, in arguing the law
iuld apply only to criminal cases
ed after July 1.
But the Criminal Appeals Court,
ing on a felony drunken driving
se against Linzy Wade of Austin,
id the act applies to all cases pend-
July 1, but the 120-day period in
ich cases must be brought to trial
Id not begin before that date.
Vade had contended the 120 day
iodin his case, began at the time
his arrest in February, and that
conviction and three-year prob-
d sentence should have been
Tturned.
f/y
The appellate court, noting the
July 1 effective date of the law, said
in its opinion, “Prior to that date,
prosecutors, defendants and the
courts were neither required to take
notice of nor to take any action
under the terms of the act. If the
state was not required to take notice
of its provisions or to take any action
under the act prior to July 1, the
time which elapsed prior to that
date cannot be considered when de
termining motions to dismiss.
“It defies reason to suggest that
the state should have anticipated
and followed the terms of a statute
not in existence at the time such
cases commenced.”
Prosecutors contended in argu
ments concerning the Wade case
that the Speedy Trial Act is an un
constitutional infringement upon
the judicial branch of government.
The appellate court did not mention
that issue in its appeal, leaving the
provisions of the law in effect.
The law, passed by the 1977 legis
lature, requires courts to dismiss
charges against defendants in cases
where the state is not ready to go to
trial within 120 days on a felony of
fense, 90 days on Class A mis
demeanors, 60 days on Class B mis
demeanors or 30 days on minor
violations such as speeding.
At least three murder suspects
have been released without trials
because prosecutors failed to meet
the 120-day deadline.
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