Pages THE BATTALION
MONDAY, NOVEMBER 12, 1979
Pentagon
to probe
false alert
FARMERS MARKET CATERING
United Press International
COLORADO SPRINGS, Colo. — The North American Defense
Command (NORAD) Saturday opened its investigation into why a
computer tape simulating a hostile missile attack was disseminated,
prompting 10 fighter jets to take to the air, a spokesman said.
Air Force Major Robert Tracy, NORAD information officer, said the
incident occurred at NORAD’s combat operations at Cheyenne Moun
tain near Colorado Springs early Friday and was determined to be a
false alarm six minutes later.
“We re investigating to determine whether the incident was the
result of human or computer error,” Tracy said. “We hope to have an
answer late next week.
The Pentagon announced the incident in Washington late Friday
and refused to give specific details.
“We do not believe we should provide potential adversaries with
knowledge of our alert procedures by going into any great detail, ” the
Pentagon said.
Before the error was caught 10 fighter aircraft took off— two F-1062
from Kingley Field, two F-1062 from Sawyer Air Force Base, and six
F-lOls from Komox, British, Columbia, Tracy said.
The fighter planes were part of the nation’s response plan in case of
an enemy attack, he said.
Neither President Carter, Defense Secretary Harold Brown nor
Gen. David Jones, chairman of the Joint Chiefs of Staff, was notified of
the apparent emergency. Middle-level officials determined the alert
was not real.
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Cullen Davis trial finally ends
Attorneys: money was advantagtH
United Press International
FORT WORTH — Multimil
lionaire T. Cullen Davis’ wealth gave
the industrialist a courtroom advan
tage that most defendants lack, both
defense and prosecuting attorneys
agree.
Davis was found innocent Friday
of charges he tried to solicit the
death of his divorce judge, Joe Eid-
son. The trial was the second on the
murder solicitation charge; a Hous
ton jury had deadlocked 8-4 in favor
of conviction.
Davis also was acquitted in Amar
illo in 1977 of the shooting death of
his 12-year-old stepdaughter,
Andrea Wilborn, who was one of
four persons killed at the plush Davis
mansion Aug. 2, 1976.
“Cullen Davis had the financial re
sources,” said lead defense attorney
Richard “Racehorse” Haynes. “He
was able to assemble a staff of
lawyers and investigators who work
ed for months preparing for these
trials.”
But Davis’ wealth was not the only
reason for the innocent verdict,
Haynes said.
“I believe juries would have found
a poor man innocent in these cases.
Prosecutors found themselves
forced to depend upon such witnes
ses as Priscilla Lee Davis and David
McCrory, and juries did not want to
convict on the basis of their testi-
their services. And he had unlimited
funds to pay for investigative activi
ties. I doubt that we will ever have a
situation again in which a man of his
wealth faces charges of this type. ”
Davis has declined to say how
much he spent on his bitter and prot
racted divorce and on his three cri
minal trials on murder-related
charges.
After jurors announced their ver
dict Friday, Davis said only the trials
“Cullen Davis had the finan
cial resources,’' said lead defense
attorney Richard “Racehorse’’
Haynes. “He was able to assem
ble a staff of lawyers and investi
gators who worked for months
preparing for these trials. ’’
had cost him "a hell of a lot of
mony.
District Attorney Tim Curry said
Davis’ wealth gave him a definite
advantage.
“He was in a position to pay
lawyers who charge high fees for
money.
A Dallas newspaper Sunday re
ported Davis, the wealthiest man
tried on a murder charge in a Texas
court, spent more than $5 million in
legal and investigative fees. The re
port was based on court records in
troduced during Davis’ divorce.
Although all pending state crimin
al charges against Davis have been
dropped, he still faces civil damage
suits filed by the survivors of the
mansion shooting spree. He also
could face a criminal charge in a fed
eral court.
Federal officials had said they
would consider charging Davis with
possession of an illegal silencer if he
ware acquitted of plotting Eidson’s
death. The silencer was found in
Davis’ car when he was arrested.
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United Press International
Chronology of events in the criminal cases against T. CullenDa^
en
1968
tra\
Aug. 31 — Millionaire industrialist T. Cullen Davis of Fort Worts!
marries Priscilla Wilborn. It is his second marriage, her third. |
United Pi
AUSTIN —
1974 Iting to ma
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July 30 — Mrs. Davis sues for divorce. wspresider
Aug. 1 — Davis moves out of the couple’s $6 million, 19,000-squartfair througho
foot mansion. Hsachusrtts
Aug. 23 — Davis agrees to orders of Domestic Relations CoiieBMoS sup
Judge Joe H. Eidson that he not come on or around the mansionorfcl c '
181-acre grounds. i'lBturdays i
_ 300 ent
1975
September — Davis moves into suburban home of Karen Master!
divorced mother of two sons.
1976
Aug. 2 — Eidson orders Davis to pay $25,000 in legal feesto.\lri|
Davis’ attorneys; awards Mrs. Davis $27,0(X) cash pending divisioni
community property, and raises her temporary alimony to $5,
month, a $1,500 increase.
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Aug. 3— Davis’ stepdaughter, Andrea Wilborn, 12, shot and killeW > s way ah
at mansion while Mrs. Davis and her boyfriend, Stan Farr, 31, dineoti
with friends. Upon their return, Mrs. Davis shot and wounded. Fan
killed by four bullets when he responds to her screams. Mrs. Daiiil
hides outside in shrubbery, hears more shots and flees barefootdj
across estate to a neighbor’s. Gus Gavrel Jr., 21, and Beverly Bass,
attacked as they arrive by auto at mansion. Gavrel paralyzed h
gunfire. Bass flees unharmed. Mrs. Davis and Bass identify Daviss|
their assailant.
Aug. 3 — Davis arrested at home of Master and charged
murder and attempted murder. Posts $80,000 bond and is released
Aug. 20 — Charges against Davis upgraded to capital murder. Hed
re-arrested while hoarding a private jet and jailed without bond.
Aug. 23 — Mrs. Davis testifies at bond hearing her husband wastlie
“man in black ” who wounded her and killed Farr.
Aug. 27 — State District Judge Tom Cave denies bond.
Sept. 30 — Opening of trial delayed from Oct. 11, 1976, until Fel
22, 1977, at request of defense attorneys.
Oct. 20 — Texas Court of Criminal Appeals upholds bond denial
Dec. 20— U.S. District Judge Eldon Mahon dismisses Davis'W
appeal
State D
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1977
Jan. 4 — 5th U.S. Circuit Court of Appeals refuses to grant tempo:
ary order freeing Davis.
Feb. 3 — Defense attorneys ask Supreme Court Justice Lew 5 (of police
Powell to release Davis on bond, offering to pay salaries of fedenl
marshals who could accompany him 24 hours a day. Davis offersli
return to jail each night if he can he free to attend to business interest
during the day.
Feb. 7 — Powell refuses to hear the case.
Feb. 9 — Supreme Court Justice Thurgood Marshall refuses to hen
the case.
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against su
o one in t
rl record ol
Houston j
veil said.
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because ii
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L
Feb. 22 — Jury selection begins in Cave’s State District Courto«B^ u b en Si
charges Davis kills Wilborn child. Hphy, an offi
April 13 — With eight jurors seated. Cave declares mistmlV hiternat
announcing one juror participated in clandestine telephone calls andi 1 ^ ^olie
expressed a prejudicial opinion about Davis. Bsive force
April 21 — Cave cites defense lawyers Phil Burleson and RichariljE 0 " c ' e ' comi1
“Racehorse Haynes for contempt of court for filing unsubstantiated r e tw o-day
“affidavits” alleging drug use at mansion after Davis’ departure.
Cave files his own motion to move the trial. I.
May 9 — Cave transfers trial to the Amarillo District Court of Judge feolOFftCl
George Dowlen.
June 27 — Jury selection begins in Dowlen’s court.
Aug. 16 — Jury seated.
Aug. 20 — Dowlen releases Davis on $1 million bond; opening
arguments in the trial.
Aug. 22 — Testimony begins. In Fort Worth, Cave revokes bond;
Davis re-arrested in Amarillo.
Nov. 14 — State and defense rest.
Nov. 16 — Final arguments; jury receives case.
Nov. 17 — Jury finds Davis innocent. Davis released on $650,00(1
bond (reduced in 1978 to $325,000) on remaining charges; celebrates
acquittal at restaurant party attended by Dowlen, several jurors,
;aks
1978
Aug. 10 — Eidson, now a district judge retaining jurisdiction in die
divorce, delays divorce trial until Sept. 18, allowing Mrs. Davis
attorneys time to study details of Ken and Cullen Davis’ settlementin
$1 million federal suit filed by younger brother Bill.
Aug. 20 — Cullen Davis arrested for plotting murder of Eidson
FBI, Texas Rangers and police arrest participate in arrest. Silencer-
equipped automatic pistol seized from trunk of his car.
Aug. 22-Sept. 1 — During bond hearing FBI informant David
McCrory testifies Davis gave him $25,000 for Eidson’s murder. Pro
secution evidence includes FBI audio and video tapes of McCron-
Davis meetings Aug. 18 and 20. Bond denied.
Aug. 29 — Eidson disqualifies himself from divorce case. Retired
Civil Appeals Court Justice John M. Barron of Bryan appointed asa
replacement.
Sept. 7 — Grand jury indicts Davis for soliciting, conspiring and
attempting to have Eidson killed; possession of illegal weapon.
Sept. 21 — Visiting Judge Arthur Tipps transfers trial to Houston
District Court of Judge Wallace “Pete” Moore.
Sept. 27 — Moore refuses to release Davis on bond.
Nov. 3 — Jury selected.
Nov. 6 — Testimony begins.
Dec. 13 — Texas Court of Criminal Appeals upholds bond denial.
Dec. 27 — Davis testifies he was “playing along” with McCroryand
never intended anyone be harmed.
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day.
1979
Jan. 12 — Testimony concluded.
Jan. 22 — Davis jury reports it cannot reach a verdict; mistrial
declared and the Texas millionaire released on bond.
Feb. 20 — Cullen-Priscilla Davis divorce trial begins.
March 26 — Divorce Court Judge Barron withdraws from case after
news reports he met privately in his hotel room with Davis and
declares a mistrial in the divorce case.
March 30 — Tarrant County Administrative Judge Charles Murray
appoints District Judge Clyde Ashworth.
April 11 — Trial resumes.
April 20 — Decision in divorce reached.
August — Retrial begins.
Nov. 6 (15 weeks later) —- Closing arguments finished.
Nov. 7 — Jury begins deliberating.
Nov. 9 — Davis found innocent of murder solicitation. District
Attorney Tim Curry dismisses all pending charges against Davis.
Witt
Mo^
The band gets its news from the Batt.
11U UUIMMII——