The Battalion. (College Station, Tex.) 1893-current, October 14, 1981, Image 7

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THE BATTALION Page 7
WEDNESDAY, OCTOBER 14, 1981
aniel waived rights in trial, judge says
United Press International
f JLIBERTY — The judge presid-
ng in the Vickie Daniel case Tues-
at Ben Tj jgy denied a defense motion to
■allow previous court testi-
roan amAny, which was obtained during
istolenlejlchikl custody battle, about the
illy AiBjoting of her husband, former
RosalesBjuse Speaker Price Daniel Jr.
in tkreM
■ State District Jttdge Leonard
le P'^BblinJr. of Beaumont ruled that
outside,D an i e l waived her Fifth
' empliMjaendment right against self-
a les«" i, rT j m i n ati on in the child custody
hearing earlier this year she did it
voluntarily.
“The court (judge) has decided
the Fifth Amendment waiver was
a free, voluntary, knowing and in
telligent waiver,” Giblin said.
The testimony from the cus
tody battle, which led to Daniel’s
being allowed to keep custody of
her two sons by Price Daniel, de
tailed the shooting death.
Daniel had said that she had no
choice but to testify during the
six-week court fight to keep cus
tody of her two sons. In the cus
tody battle, she testified that she
accidentally shot her husband.
Her lawyer. Jack Zimmerman,
wanted to block the testimony
from her murder trial that is ex
pected to begin today before an
eight-man, four -woman jury.
Giblin also planned to hear
more pre-trial motions Tuesday
including a defense motion to sup-
ress statements that Daniel made
to law enforcement officers follow
ing the shooting.
Price Daniel, 39, son of former
Texas Gov. Price Daniel Sr., was
killed in the couple’s ranch home
following an argument in January.
Daniel had filed for divorce from
her husband only weeks before
the shooting.
According to previous court
testimony, the Daniels were fight
ing because she refused to sign a
divorce settlement document
without her attorney present.
Mrs. Daniel told Giblin Mon
day she testified in the earlier civil
case about the shooting only be
cause she feared losing her two
children to her sister-in-law, Jean
Daniel Murph of Richardson.
She said she was told by her
attorney Richard “Racehorse”
Haynes that if she did not waive
her right and testify, her chances
of losing the boys increased im
mensely.
Haynes was called as a witness
Monday, along with the judge
who presided over the custody
trial.
Haynes said if he had to do it all
over again, “I’d do it the same
way.”
Daniel’s right to a fair trial
would be violated if the state uses
her statements from the previous
trial in her murder case, Zimmer
man said Monday.
“There was no threat by anyone
in authority to coerce the defen-
dent (Daniel) to testify against her
will,” District Attorney Wilborn
said. “The waiver of her Fifth
Amendment right (to self
incrimination) has been shown to
be voluntarily made.”
Quirks
in the
news
Actor sends
flowers to
jailers
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OCTOBER 15-21, 1981 IN BRYAN - COLLEGE STATION
United Press International
STOWE, Vt. — English actor
Oliver Reed says he’s been
arrested before — “in Communist
countries” — but had never spent
a night in jail until his arrest fol
lowing what local police said was a
bar fight.
Reed, 43, was to be arraigned
Tuesday in nearby Hyde Park on
charges of disorderly conduct, un
lawful mischief and simple assault.
“I’ve sent a whole load of flow
ers to the police station, the actor
said Monday following his release.
“This is the first time I’ve had to
spend the whole night in jail.”
Reed was taken away in shack
les from the Pub following the
fight.
Classes
scratched
3 days for lice
United Press International
WEWOKA, Okla. — Public
school students have the rest of
the week off to rid themselves of a
head lice outbreak that began in
August.
“After seven weeks, teachers
were a little on edge, ” superinten
dent Earl Anderson said. “We just
didn’t seem to entirely get rid of
it.”
Anderson called off classes
Monday, Tuesday and today for
1,100 students. Wewoka’s schools
already were scheduled to be
closed Thursday and Friday be
cause of a state teachers’ confer
ence.
Anderson said school officials
would screen each student Mon
day and send home anyone who
carried lice nits, either dead or
alive.
“We have done this (screening)
numerous times previously, ”
Anderson said. “We’ve got faith.
We think we ll do it this time.
We’ve got to.”
Bandstand goes
to Smithsonian
United Press International
HOLLYWOOD — Records
and props from Dick Clark’s popu
lar “American Bandstand’ prog
ram, television’s longest con
tinuously running network variety
series, will soon he on display at
the Smithsonian Institution.
Clark announced Monday the
items will be assembled in a spe
cial exhibit going on display in
March 1982.
Among items donated by Clark
is the painted canvas backdrop
that served as the original “Amer
ican Bandstand” set when the
program began 30 years ago on
WFIL-TV in Philadelphia.
The podium from which he
hosted the program since 1957,
his personal collection of 30 pho
nograph records containing the
No. 1 hit records since 1951, and
hundreds of photographs will also
be donated to the Smithsonian,
Number comes
up lucky twice
United Press International
ALBANY, N Y. — New York
and Connecticut now have more
than a border in common. Mon
day, lottery officials in the two
states drew the same number.
The number 037 came up in
Daily Number drawings in both
states, and a spokesman for the
New York game said it was the first
time another state lottery number
had matched an Empire State
selection since New York began its
daily numbers game in September
1980.
But Lottery Division spokes
man George Yamin said it had
happened in other states before.
“The odds are one in a thousand
for any three-digit number to
come up,” Yamin said.
Sand ordered
for desert pool
United Press International
CHARDON, Ohio —A Middle
Eastern sheik needing a supply of
sand might be expected to look to
his backyard, but an Ohio firm re
ceived the order and filled it — 9
tons of sand for the sheik’s pool
filter system.
Best Sand, which is accus
tomed to dealing with foundries,
chemical plants and other indust
rial users in the Midwest, said the
sheik, whose name was not dis
closed, wanted a filtering system
to recycle the limited water avail
able for his pool.
He settled on a high-quality
filter made by another Chardon
firm for which Best regularly sup
plies the sand.