Page 8
THE BATTALION
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Court rejects appeal for prison site
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United Press International
AUSTIN — The Third Court of
Civil Appeals Wednesday re
jected the appeal of a group of
.Grimes County landowners, and
cleared the way for the state to
proceed with the purchase of a
6,000-acre site for a new state
prison.
The appellate court said in its
opinion, however, the landowners
raised serious questions of law re
garding a rider in the 1979 Gener
al Appropriations Bill and the
validity of a Nov. 10, 1980, meet
ing of the Board of Corrections at
which a decision was made to pur
chase the land for the prison site.
The landowners contended the
rider creating an Approval Board
comprised of the governor, land
commissioner and chairman of the
board of corrections to approve
any prison site selected amounted
to an unconstitutional delegation
of legislative authority.
They also argued the Board of
Corrections had failed to give
proper public notice of its Nov.
10, 1980, meeting, and that it had
improperly failed to explain the
reason for meeting in executive
session.
For its Nov. 10 meeting, the
Board of Corrections indicated on
its agenda only that it would con
sider a “report of the site selection
committee."
Failure to give sufficient notice
of the time, place, and an agenda
for meetings would invalidate any
action taken by the board.
Board attorneys had contended
that notoriety and newspaper
publicity had given ample clarifi
cation of the board’s intent to con
sider the purchase of the Grimes
County prison site. But the court
opinion said, “local notoriety or
newspaper publicity of the pro
ceedings expected in a future
meeting of a public body cannot
supply the notice required by the
act, nor can it cure an insufficient
notice.”
Special prison funds deniei
United Press International
AUSTIN — The House refused Wednesday to
go along with a Senate move to divert $250,000
from an emergency $35 million prison construc
tion appropriation into a work furlough program
for prison inmates.
Rep. Bill Hollowell, D-Grand Saline, argued
the Senate change would make prison director
W.J. Estell a prison “czar" and open the door to
chicanery in the prison sytem.
The $35 million emergency appropriation is to
fund construction of three new prison units to
relieve overcrowding conditions.
The Senate approved an amendment to the bill
allowing up to $250,000 of the money to be spent
on a work furlough program that also could help
relieve the prison overcrowding as ordered by
w'n a
H>ard
all six <
U.S. District Judge William Wayne Justice resc uec
“I think Mr. Estelle is making a powerflp]The
here that is far greater than the one just one sup
made,” Hollowell said. Bjter,
“ We have a good workable system with a b water 1
of pardons and paroles,” he said, “andtheynui jifetovei
the recommendations and the governor appro wotkbc
them, and we never have any chicanery. Housto
“I know Estelle is an honorable man, k||| Cot
don’t want any one man to have that much per®
er,” Hollowell said.
The House overwhelmingly approved on v
vote Hollowell’s motion to send the emei^ttiS
appropriation bill to conference comraifci
where he said he hopes the funding for the*®!]
furlough program can be removed.
1
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Court views videotaped
McAllen police brutality
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United Press International
BROWNSVILLE — McAllen
police officers punched and beat
suspects, slamming one man’s
head into a tabletop, videotapes
have shown in federal court.
More than a dozen videotapes
were played Tuesday on a televi
sion set at federal court in Brown
sville, all part of evidence in a
hearing to determine whether a
permanent restraining order
should be issued against the
McAllen Police Department.
McAllen Police Capt. Jim Bor-
mann, the first witness in an
American Civil Liberties Union
action against the city, testified
Tuesday that McAllen Mayor
Othal Brand ordered the
videotapes destroyed, despite a
federal court order issued to pre
serve the films.
“(Former Police Chief Jack)
Caldwell originally told me the
mayor wanted them erased, ” Bor-
mann said. “He said there may be
some things on there and he was
most adamant about them being
erased.”
Watching a television perched
on top of a podium. Federal Dis
trict Judge James De Anda, attor
neys and courtroom spectators
watched — sometimes uttering
audible gasps — as the tapes
showed a number of instances of
violence.
Victims of police brutality have
filed 11 lawsuits in federal court
and 10 of those have been settled
in favor of the citizens. More than
$400,000 has been awarded to vic
tims.
The tapes were entered into
evidence over the objections of
McAllen City Attorney Ted Calisi,
who argued the tapes, if played at
all, should be played in privacy of
judge’s chambers.
But De Anda was quick to over
turn Calisi’s objections, saying the
tapes were evidence in the case
“and a public trial is just so fun-
US'
' agr ■ v
minimi
Instead
Hce cc
|t Bad
pOKi \
ovprwh
damental in this country, person;
intend to try this casepif p r cons
The tapes dated from Mf. khe
1979 and depicted a mr b e P
officers. ■rden
In one tape, a man who •lotners
intoxicated moved toward;: yet ■ or
er; the officer hit him. WhsEj Lub
officers held the man, athirtlp/ 1 1°P
er punched him repeated!; JjJpl P 1
stomach. The officers the:-? 0 ! ! a k
bed the man’s head, andsl, un der 1
it on a tabletop. ^kubi
In another videotape, an
told a suspect, “You're i
McAllen Police Departmei
and we don’t take any slitk
“You want to get smart
we’ll bounce you off the«
day long, ” the officer said.
Tuesda
Eleven of the tapes were
to U.S. District Judge Jamel
Anda, who is expected tohaj ^
oral more days of testimony!!:: r. WAS
deciding whether toissuetk Comtru
junction.
To the boss, we’re
“Communications Consultants.”
But to most people, we’re the
folks from
the phone
company
Christine Deardorf
Communications Consultant
We’re looking for Counselors
Camp Olympia is looking lor summer counselors. If you
enjoy the outdoors and the rewarding experience of work
ing with and teaching children recreational activities, con-
tac^ th|j emplo^m^nt center for an interview -THURSDAY-,
.with an Olympia representative
Opening available for married couple.
Assistant Director during summer.
ACA Camping
Archery
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Backgammon
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Basketball
Canoeing
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Tommy Ferguson
Director
ACTIVITIES
Ecology
Fishing
Football
Soil
Guitar
Gymnastics
Hoiseback
Karate
Photography
Ping Pong
Rillery (NRA)
Sailing
Senior Program
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Tumbling
Twirling
Volleyball
Walerski
Weight tilling
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Phone: (713) 594 2541
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Communications Consultant
Benito Reese
Communications Specialist
Officially, we're "General Telephone
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Whew!
We consultants would rather say
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