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.
Flowers overruled other chal
lenges to his jurisdiction.
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