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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Jan. 17, 1983)
attalion/p inuary 1/ local / state Battalion/Page 5 January 17, 1983 \utry denied new trial; xecution date to be set ■Kilnitcd Press International BIAUMONT — Texas jatii inmate James \u- His lost another appeal lor ■s' trial on his capital mnr- ^■conviction in ihe lUSO ^Hting death of a mini- |ci ry store clerk. ^■.S. District Judge Roln rt irler said Friday that Au- jr'Ipetition seeking a rever- lilhiscaseor a new trial was iitlmut merit” and he lil ted a ly of execution lor the in- Ii a 23-page ruling, Tr.r- irlpheld Autry’s convic tion rti eOct. 9 killingol Shirkw rouet, 43, a mother of live, Ha Port Neches mini- occry. dissolving Autr\ 's stay (Icecution, which had been .tiduled for Dec. 17, Parker eied the way for State Dis- ict Judge Leonard Giblin to ■iedule the execution, ■blin said he would meet ill defense and state attor neys before setting the. in mate's new execution dale. “Of course we intend to appeal Judge Parker’s deci sion, said Charles Carver, Autry’s attorney. “I was not totally surprised, but I was somewhat surprised he vacated the stay of execu tion,” Carver said. Carver said he could not file an appeal in the case until (iiblin schedules a new execu tion date for Autry, an un married Colorado native who grew up in Amarillo. (iarver alleged in a petit iton for a writ of habeus corpus that Autry was beaten into signing a written confession to the shooting after a police officer overheard Autrv dis cuss the incident with his mother over the telephone. The defense attorney said the telephone call provided police with evidence that rob bery might have been the mo tive leading to the shooting. Texas law requires tht a kill ing be committed in connec tion with another crime, such as robbery, to qualify for capital murder charges and the death penalty. Carver claimed Parker erred by admitting a police man’s hearsay account of the phone call into evidence in the trial. Parker rejected the argu ment. “Assuming all of petition’s allegations to be true, that he was beaten into signing the written confessions in viola tion of Miranda, that he felt the “cat was out of the bag” at that point, and that a police officer stood nearby as he made the telephone call, the court finds that the oral de clarations were voluntary and sufficiently an act of free will,” Parker wrote. Parker also dismissed Car ver’s claim that immunity was refused for one defense wit ness, while it was granted to two prosecution witnesses. In a hearing held on the petition last week, prison in mate John Sandifer, who ori ginally was Autry’s codefen dant but against whom charges were dropped, said he refused to testify for Autry because he feared self incrimination. Parker Said prosecutors have the sole responsibility of offering or granting immun ity to witnesses and that a judge may -do so only in cases where governmental or pro secutorial abuse can be shown. Autry also was charged with killing a 32-year-old for mer priest and crippling a Greek seaman in the same in cident which resulted in his conviction of capital murder. He has not been tried on those charges. CSISD to meet tonight The College Station school board will make election recom mendations at their regular meeting at 7 tonight in the Oak- wood Middle School library at 106 Holik St. The board will announce the date of trustee elections and will recommend approval of the joint school district and city elec tion agreement. The board also will recommend approval of a resolution regarding runoff election dates. In addition, trustees will dis cuss long-term use of district facilities. SHRIMP ARAMA MONDAY AND TUESDAY NIGHT $5.95 FRIED SHRIMP OUR REGULAR $7.95 Platter with all the trimmings AGGIE OWNED AND OPERATED CLASS ’60 Hicsrs SSGTTOOD cmcl STSflK East 29th Street at Carter Creek Brazos County dge retains authority; . . .m,, raniff case continues s^oppef^ Bt'nitcd Press International byDividfiBkl WORTH — Bank- ■y judge John Mowers, It authority to decide the tiir of now def unct hi anil I 11 ' ’ nnational Ail lines has been 111 1111 ifjrmed b\ a federal judge, 1 -nimied Saturday to hear the "■luments of some 100 attor- slinvolved in the case. Before thejudge are motions 8 \ f M Highl unions and 11 editors l UHlay the heat ings for four Bs and to appoint a ntis- :ship to oversee the defimct n -I mlltimately, Mowers will h.lve Uiacide whether to allow a joint ntlire between Brandf and uttk ' f d ie Southwest Airlines in ottotlu ':^ 1 : PSA p lans t() | case ; q, u,,, tulding. i (Tj aircraf t to serve a new iledtorun« s . based operat i on . [ | K . ises w iU nHalso might put 1,500 of the |) former Braniff emphn ces tclj to work. ruction "iRiclay, Flowers turned dow n it 10daysiquests Iroin Braniff compeli- parkinganpDelta and Northwest air- lor a postponement in the combing. 'hile attorneys for com pel- g birlines, unions and credi- ^said they needed the time to " the Braniff-FSA propos- sed until re d al in greater detail, Braniff attorneys called the motions stall tactics directed at jeopardizing the agreement. PSA officials have said they must be in the air with the new division by May 1, or the plan will be scrapped. PSA vice president of finance George Shorties said the May to September travel period was the company’s most profitable and a loss of just one month of that period would make the venture undesit able. A delay of four weeks would make a May 1 start-up time un likely , he said. I’.S. District Judge Eldon Mahon reaffirmed Flowers’ au- ilimitv to hear reorganization plans in the case Friday. In his ruling, Mahon consi dered a motion filed by the pa rent company of American Air lines. the chief riyal of Braniff in Dallas, which claimed the Bra ndi-PSA arrangement did not fall within the jurisdiction of Flowers’ court. Mahon said his ruling was affected by “exceptional cir cumstances” including the fact that Flowers had been hearing the bankruptcy proceedings for the past eight months, that Bra nd f was the only major airline to go into Chapter 1 1 of the bank ruptcy laws and that Braniff had $460 million in assets and a large fleet of idled planes against debts of $ 1.2 billion. After resuming his duties. 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