Wenesday, March 28, 1984/The Battalion/Page 3
’Bryan’s reprieve denied
ft
United Press International
AUSTIN — The Texas
oard of Pardons and Fa
des turned down convicted
iUer Ronald Clark O’Bryan’s
equest for a reprieve Tues-
aybut the inmate’s attorneys
ontinued to seek a stay of ex-
cution in the courts and
VoniGov. Mark While.
On a 4-2 vote, the parole
ard rejected O’Bryan’s re-
uest for a 90-day reprieve.
Bryan, also known as the
Candyman,” is scheduled to
executed shortly after
idnight Saturday.
Board members Connie
ackson and Winona Miles
th voted in favor of recorn-
nding to Gov. Mark White
ihat a reprieve be issued.
Jackson said she voted for
Ihe reprieve because she felt
Ihere was a chance a future
ruling by the U.S. Supreme
Court would have an effect
on O’Bryan’s case.
Meanwhile, O’Bryan’s law
yers filed another last-ditch
appeal and request for stay
with the Texas Court of
Criminal Appeals. That court
has twit e rejected his appeals.
It was unclear when the
Texas court would rule on
the latest request, which al
leges that jurors opposed to
capital punishment were im
properly excluded from
O’Bryan’s jury. The C.S. Su
preme court Monday turned
down an appeal based on
nearly identical arguments.
The death row inmate’s at
torneys also have asked White
to delay the execution. Texas
governors have the authority
to grant 30-day stays of exe
cution.
O’Bryan, a 39-year-old for
mer optician was convicted of
the 1974 Halloween night
murder of his son, Timothy,
who died after eating a piece
of candy laced with cyanide, a
deadly poison.
In arguments before the
parole board, O’Bryan attor
ney Charlotte Harris argued
that the issue of jury selection
at O’Bryan’s trial had not
been resolved, despite the lat
est Supreme Court ruling.
She said two cases involv
ing questions of jury selection
were to be filed with the Su
preme Court and that if the
court agreed to hear those
cases and issued a ruling, it
could affect O’Bryan’s case.
“I can not tell this board
that the court will take up
those cases but if the court
does take these cases up and
changes previous rulings,
there is a very good chance
Mr. O’Bryan would be
harmed, he would be dead,”
She said. “This is not a pleas
ant case under any circum
stances. All we are asking you
for is time.”
Harris County prosecutor
Bert Graham discounted that
argument, saying O’Bryan
was asking the board to spec
ulate on what the Supreme
Court might do. He also
noted the nigh court has re
fused to hear O’Bryan's case
three times since he was con
victed in 1975.
“It seems there has to be
some finality to jury decisions
in this state,” he said. “If you
go along with that argument
(from O’Bryan) we would
never have a sentence carried
out in this state.”
Evidence at his trial
showed O’Bryan had taken
out $60,000 in life insurance
on his children and prosecu
tors said he kilted the boy to
collect the money.
onstruction program started
the construction industry in the
United States. The center, a
joint effort of the colleges of
business, engineering and ar
chitecture, was formed to teach
construction professionals how
to complete their jobs more effl-
cently and then pass those skills
on to future construction pro
fessionals still in school, he said.
Buckingham said the initial
emphasis of the center will be
on continuing education.
“We believe continuing edu
cation in the most recent tech
nological and philosophical as
pects of project management is
the best answer to improving
construction management
skills,” he said.
By CASEY RAMSEY
Reporter
n an effort to meet the
dsof the construction indus-
Texas A&M University has
an a program to improve
management skills of con-
ction managers.
Center for Construction
L^vlncation was formed this year
^^yBresponse to a 1978-82 study
of the construction industry by
tin Business Roundtable.
■nfied L. Buckingham, pro-
■sor of building construction
s navearnj director of the center, said
f what® study showed that a lack of
isands oiHncation in construction man-
s been ®ment skills was one cause of
ie r to [^lining cost effectiveness in
ifritch sued for water market monopoly
Seminars are planned on a
regular basis by the center and
will deal with all aspects of con
struction management: contrac
tors, architects, engineers and
other professionals.
Seminars still in the planning
stage include a four-to-six week
executive development seminar
for construction professionals
moving into executive or own
ership-level positions, a two-
week project managers seminar
and a faculty development pro
gram that will give faculty mem
bers the opportunity to spend
time with contractors on con
struction sights.
“Our primary goal with the
Center for Construction Educa-
Atheist O'Hair turns down
offer from publisher Flynt
United Press International
AUSTIN — Atheist leader Ma-
dalyn Murray O’Hair said
Tuesday she had turned down
Hustler magazine publisher
Larry Flynt’s offer to turn over
his $300 million business to her
atheist organization because she
does not want to spread por
nography.
“Our choice is to fight reli
gion instead of proliferating the
pornography,” O’Hair said.
She announced two weeks
ago that the imprisoned Flynt
had given her power of attor
ney on Feb. 23 to transfer all
the assets of the Hustler and
Chic magazine publishing em
pire to the American Atheist
Center in Austin.
The transfer was challenged,
however, in a Los Angeles court
by Flynt’s brother, Jimmy, who
claimed the wealthy publisher
suffered from a mental illness.
In an ^ffadavit filed Monday
with the Los Angles County Su
perior Court, O’Hair and her
son, Jon Murray, director of the
American Atheist Center, de
clined to accept Flynt’s offer of
power of attorney.
In a statement released Tues
day, O’Hair and Murray said:
“We understand that pornogra
phy thrives in our nation be
cause, and only because, Chris
tianity has perverted human
sexuality.
* I
tion is to increase the level of
professionalism in the construc
tion industry,” Buckingham
said.
A secondary goal of the cen
ter is to talk to professionals in
the construction industry, find
out what their needs are, and
then determine how those
needs can be met through edu
cation, Buckingham said. These
contacts will also improve the
education and job opportunities
of undergraduate and graduate
students, he added.
The center’s first profes
sional development seminar will
be held March 26-April 6 and
its first construction education
seminar will be held April 12 in
Houston.
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,resu [ c B United Press International
udetS mMARILLO — Two Pan-
®dle firms have filed suit in
- n somt'Bk district Court seeking
i one oRo.OOO in damages from the
try tow of Fritch for monopolizing
naden water market, an attorney
It is i|ai ( l Tuesday.
■Jrmson Inc. and Hi I exas
Water Corp. last week filed the
o ha\ei su i lc | a j m i n g F r ii c h officials vio-
y have find the Sherman Anti-Trust
Aci, said Eric Wolfram, attor
ney for Hi Texas Water Corp.
■Hi Texas Water Corp. is a
water utility serving about 5,000
11 cusiomers outside Fritch’s city
limits, Wolfram said. Fritch and
Vomtlii Hi Texas Water compete for
riran , water supplies.
B ritch owns all water rights in
isputed area except for a
strip of right-of-way property
101 l lH tluu had belonged to the now
■(//(or defunct Chicago and Rock Is
land Railroad, Wolfram said.
■Brinson bought the land and
its water rights in 1979 and sold
L itlo Hi Texas Water in 1983.
■Fritch officials in 1980 passed
' an ordinance condemning the
land. Wolfram said devel
opment of the property by Hi
xas was prohibited until a
:ir count
nd
/ own«
them, I
court injunction was dropped in
1982 because of other rulings
about utilities’ rights.
Eminent domain proceed
ings remain pending in state
district court in Carson County
as Fritch officials attempt to
gain control of the water sands
now owned by Hi Texas Water,
Wolfram said.
He said he believed the stale
district court ruling would be
made yet this year, adding the
federal suit was the first such
water suit filed by a utility
against a West Texas city.
Wolfram said the suit re
quested triple $110,000 in dam
ages resulting frpm loss of
property development and wa
ter sales from the water sands
for two years. He said both
Brinson and Hi Texas had in
vested in equipment that sat idle
for months.
Hi Texas Water also owns
other water sands, but needs
water from the right-of-way
property so it can maintain the
needed water pressure to serve
additional customers, said
Wolfram, a former Hi Texas
Water employee.
“We’re now producing water
from the disputed water sands,”
he said, adding some Hi Texas
Water customers would have to
drill their own wells or apply for
an extension of water service
from Fritch if Hi Texas losses
its suit.
“If we’re turned down on
purely legal grounds we’ll cer
tainly appeal it,” Wolfram said
of the federal suit.
“The long term prospects are
we basically would be frozen
out,” of the water business if Hi
Texas Water losses rights to the
property now under eminent
domain proceedings, Wolfram
said.
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