State /National
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WEDNESDAY, FEBRUARY 25, 1981
Inmates may receive separate cells, earlier paroles
Inmate lawyers file reform proposal for Texas prisons
HOUSTON — Lawyers for inmates demanding Texas
prison reforms filed their proposal for remedying unconstitu
tional conditions Tuesday, demanding that the Texas De
partment of Corrections give each inmate a separate cell by
1983.
Also included in plaintiffs recommendations to U.S. Dis-
that prison overcrowding be reduced by more parole opportu
nities, expanded work release and furlough programs.
The plaintiffs also demanded immediate improvements in
the guard-prisoner ratio, tougher prisoner safeguards against
physical force and more breaks in solitary confinement.
Plaintiffs recommended Toledo, Ohio, lawyer Vincent M.
Master to become a court-appointed special master to admi
nister the reforms eventually ordered by Justice.
Overcrowded TDC — which houses 30,000 inmates —
currently has three in some cells designed for one, a fact
Justice criticized in December when he found the prison
system unconstitutional and ordered sweeping changes.
The state filed its plan for meeting Justice’s demand for
reforms last Friday, agreeing with some of the plaintiffs’ prop
osals, including promising to end triple-celling. But the state
adamantly opposes a cell for each inmate.
The plaintiffs said the TDC can accomplishment the single
cell arrangement by increments.
“By June 1, 1981, defendant shall not confine any prisoner
with more than one other prisoner to a cell having less than 60
square feet,” the plaintiffs’ recommendation said. “By June 1,
1983, no prisoner shall be assigned with another prisoner to a
cell containing 60 square feet or less.”
Implementation of the plaintiffs’ plan would give the court
strict control over inmate population by review of a quarterly
report TDC would give the special master who would answer
to Justice.
Further, under the proposed plaintiffs’ plan, all prison
construction would have to be approved by the special master.
Presently, the TDC has a ratio of one guard to 11 inmates.
The state has offered to reduce that to 10-1, but the plaintiffs
want it lowered to 6-1 to coincide with the national average.
The plaintiffs want the TDC to abandon its trustee, or
“building tender,” system completely.
“No prisoner shall be placed in a position to give orders to
another prisoner, count other prisoners, escort other prison
ers, possess keys or weapons, influence cell assignments or
exercise any authority over other prisoners,” the plan said.
Nathan, 43, a lawyer, was described by the plaintiffs to be
the most experienced prison reform master in the country. He
is a partner with the firm of Hayward, Cooper, Straub,
Walinski & Cramer law firm.
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Haig tape list
subpeona
not pursued
United Press International
WASHINGTON — The Senate
Foreign Relations Committee to
day dropped its subpoena for a list
of tapes of Alexander Haig’s
Watergate-era conversations —
officially ending the secretary of
state’s lengthy confirmation pro
cedure.
The initial vote to do so was 8-5,
with most of the panel’s minority
Democrats opposed. A final tabu- ,
lation, to be taken later in the day,
was not expected to change the
outcome.
In other action, the committee ‘
approved 14-0 the nominations of '
six top State Department officials
— including undersecretaries-
designate Walter Stoessel and
James Buckley, the former Re
publican senator from New York. '
The Haig Watergate-era tapes
— made in the late spring of 1973
while he was President Nixon’s
last chief of staff — produced the '
major controversial issue during )
Haig’s five-day confirmation hear
ings in early January.
While it publicly disagreed
with legal objections raised by
Nixon and supported by the U.S. ’
Archives, the panel decided not to '
pursue the matter further. It con
cluded to do so was not in the na
tional interest.
Wham-O is
sued over
child’s death;
United Press International
DAYTONA BEACH, Fla. — ,
Robert McCabe crouched in the
yard, holding his son in his arms, *
using a butter knife to try to pry «*
the “Water Wiggle” toy from the <
child’s throat that was swiftly
drowning him.
Jonathan, 4, died in his father’s "
arms — his lungs, chest and headrl
full of water. >
“I tried to get it out. I couldn’t
get out,” McCabe told a circuit
court jury Monday, the first day of "
testimony in the $5 million lawsuit
he and his wife filed againstti
Wham-O Manufacturing Co.,/
makers of Water Wiggle and other ,
toys. Testimony continues today.'[
The McCabes’ attorneys, Mel
vin Belli and John Spencer Robin
son, argued the toy was defective
and never should have beenj
placed on the market.
“The package itself shows little^
children playing gleefully andw
happily with (the toy), ” said Belli, *
a noted products liability lawyer..
“When the cap comes off the wig-^
gle is lethal.”
McCabe told the jury he disco
vered Jonathan had swallowed the
toy when his son Joey, 7, ran into
the house screaming that “Chrissy /
had this thing in his mouth.” ^
McCabe said he couldn’t re
member if he shut off the water or- 1
told Joey to do it, but when the'*'
Water Wiggle wouldn’t come
loose he ran inside and got a butter’’
knife to pry it out. ->•’
Jonathan’s death was the-"!
second blamed on the Water Wig- 1
gle, a toy that bounces around 1 '
when hooked up to a faucet. Irr -
1975, Marcus Maloney, 3, of'
Baton Rouge, La., died in a similar
accident. : •
His family settled with Wham-*
O, but Robinson said the McCabe
family wouldn’t settle for $50 mil-' “
lion.
“They want to expose this com/ * r
pany,” Robinson said.
Wham-O’s lawyer, Craig
Cameron, said the toy complied
with federal safety standards and- ’
carried adequate warnings as to its ;
use.
A Wham-O spokesman said ah-'
out 85,000 of the toys were re^ .
turned when a recall notice was *
issued following the McCabe'
boy’s death. About 3 million of the 1
backyard water toys have been
sold since 1961.
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