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Page 12AThe Battalion/Tuesday, September 25,1984
Father recalled to court
in death suit in Houston
United Press International
HOUSTON — A man jailed for re
fusing to testify against his son in a
murder trial has been ordered to ap
pear in court today in a $5 million
wrongful death suit.
District Judge Weldon Berry or
dered Bernard Port to appear to
give a deposition in a suit filed by the
mother of a 23-year-old letter car
rier who was killed. Port’s son, Da
vid, is charged with the murder
Attorneys in the tangled cases do
not expect Port to talk, even though
the courtroom will be closed and the
deposition will be sealed.
Attorney Randy Schaffer, who
represents Bernard and Odette Port
in their battle not to testify against
their son, said their resolve has been
strengthened 20 times since being
jailed for contempt of a grand jury.
“What’s the judge going to do,
twist his arm?” Schaffer asked be
fore Monday’s hearing.
Attorney Joe Jamail, who rep
resents Barbara Schatz, said he ex
pects Port to take the Fifth Amend
ment on some questions.
“If it’s not a question of self-in
crimination, I will seek a default
judgment,” Jamail said. “I’ll ask the
court to impose whatever sanctions
are necessary.”
Berry could find Port in contempt
or approve a request for default
judgment, Jamail said. If the default
judgment is approved, the Ports will
forfeit their right to defend them
selves in the civil suit, he said.
The civil suit seeks $5 million in
actual damages and an unspecified
amount of punitive damages for the
deaths of letter carrier Debora Sue
Schatz and her father. It contends
Albert Schatz died of a heart attack
brought on by grief over the shoot
ing of his daughter.
Jamail said he wants to proceed
with the civil suit because “the crimi
nal case could go on for years.” To
delay the civil case would be d “mi
suse of the court system,” he said.
The criminal case and the civil
case are separate and should be al
lowed to continue separately, he
said. While a judgment in the
wrongful death suit will be based on
a preponderance of the evidence, a
guilty verdict in the murder trial can
come only if the evidence proves the
case beyond a shadow of a doubt, Ja
mail said.
The wrongful death suit says the
parents were negligent in allowing a
dangerous weapon to be available to
their 17-year-old son, and in failing
to seek medical attention for him.
The parents “should have known
he was a person capable of extreme
acts of violence,” the suit says.
Jamail said he will seek a written
statement from Odette Port later.
The 5th U.S. Circuit Court of Ap
peals Friday refused to grant bond
for the Ports, who contend they have
a constitutional parent-child priv
ilege to refuse to testify against their
son. While they remain in the Harris
County Jail, David Port is free on
$20,000 bond.
D-FW to clean-up air ozone
United Press International
DALLAS — Federal air quality of
ficials said Monday Dallas and Fort
Worth have the fourth worst corro
sive ozone pollution in the nation,
and warned federal funding will be
cut off unless corrective measures
are taken.
In the last three years San Anto
nio, New Orleans, Shreveport and
Little Rock have all reached compli
ance by reducing hydrocarbon emis
sions from vehicles, and that should
be possible in Dallas and Tarrant
counties as well, said Allyn Davis, di
rector of Air and Waste Manage
ment for the Environmental Protec
tion Agency.
“A report put together by our
headquarters shows Dallas and Tar
rant counties tied with New York for
the fourth worst ozone levels in the
nation based on 1982 information,”
Davis said.
Fred Barnes, manager of environ
mental control for the city of Dallas,
said the problem will not be easy to
correct.
“We have to show we’re making
an effort, but we’re talking about in
specting a million vehicles in Dallas
County alone,” Barnes said.
Davis said the inspection require
ments for vehicles are $5 to $10 per
vehicle.
Although Davis admitted there
have been cases where crackdowns
on auto emissions have not achieved
reductions in corrosive ozone, he
said this is because other factors
have offset the improvements.
Jack Davita, head of the air
branch in the Dallas EPA office, said
progress is slow, but conditions are
improving.
“Everyone asks ‘Why isn’t the air
getting better after we’ve spent so
much money on controls?”’ Davita
said. “But in areas where there’s so
much growth, we say ‘What would
have happened without them?’ Our
projections are it would have gotten
phenomenally worse.”
Davita said laboratory tests have
proved that ozone is produced when
automotive hydrocarbons and some
oxides of nitrogen are bombarded
with intense ultraviolet light from
the sun.
Davis said Harris County, Los An
geles and Philadelphia, which top
the ozone level list, have imple
mented an inspection program de
signed to catch cheaters who remove
pollution equipment from their vehi
cles. In Harris County, motorists
must submit to a litmus paper test
that shows the presence of lead in
the tail pipe, as well as inspections of
catalytic converters, filler necks,
PCV valves and other pollution
equipment.
Davita said cheaters are a problem
in the Dallas area, too.
“There’s evidence that there’s a
lot of tampering with pollution con
trol systems, and we believe about 20
percent of the vehicles in Dallas-Fort
Worth have had their pollution sys
tems disabled,” Davita said. “In the
Dallas area, 70 percent of the prob
lem is due to motor vehicles, so we’ve
got 14 percent of the air problems
due to outlaws.”
Davis said the tests may not be
stringent enough to solve the prob
lems in the Dallas area.
“We’re not sure that will be
enough in Dallas-Fort Worth,” Davis
said. “It may take the classic tailpipe
emissions analysis.”
On Oct. 4, Dallas County officials
will meet with representatives from
the EPA and the Texas Air Control
Board, which is charged with devel
oping an air cleanup plan for the
whole state. The TACB must submit
a plan by February, 1985, or risk los
ing $150 million in federal highway,
wastewater and air cleanup funds.
—
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Tuesday
LEADERSHIP DEVELOPMENT: “Freshman Advance For
ward” is having a meeting at 8:30 in 302 Rudder for all
freshmen interested in getting involved in Student Gov
ernment and other committees.
IM-REC SPORTS: entries for triathlon, handball singles and
long driving close at 6 p.m. in 159 E. Kyle.
HILLEL JEWISH STUDENT CENTER: a Rosh Hashana
lecture will be given by Rabbi Tarlow at 6 p.m. at the Stu
dent Center.
AMERICAN PRODUCTION/INVENTORY CONTROL
SOCIETY: is sponsoring a panel discussion on “Why Be
come A Member of APICS” at 7 p.m. in 342 Zachry.
STUDENT GOVERNMENT BIG EVENT: is having an or
ganizational land planning meeting at 7 p.m. in 704 Rud
der.
MSC COLLEGE BOWL: is having a mandatory meeting for
all team captains at 7:30 in 4110 Rudder.
CAMERA COMMITTEE: is having a presentation on “Exist
ing Light Photography” at 7 p.m. in 308 Rudder.
TAMU SAILING TEAM: is meeting at 7 p.m. in 109 Military
Science Building.
MECHANIZED AGRICULTURE CLUB: is meeting at 7
p.m. in the P&M lab. Dr. Carl Anderson will speak on the
state of the farm economy.
ASSOCIATED GENERAL CONTRACTORS: is meeting in
110 Harrington at 7:30 p.m. Stephen Baker of Commerce
National Bank will talk on “Banking Considerations for
Young Construction Professionals.”
TAMU FLYING CLUB: is having a meeting for members
and anyone interested in the club at 7 p.m. in the airport
clubhouse.
MSC CAREER DEVELOPMENT: is having an introductory
general members meeting at 7 p.m. in 704B Rudder.
A&M CHRISTIAN FELLOWSHIP: is meeting at 10 p.m. in
front of Sully for a prayer time.
CLASS OF ’87: is meeting at 8:30 p.m. in 601 Rudder.
MSC HOSPITALITY: is meeting at 7 p.m. in Rudder. All
those who want T-shirts should bring tneir money.
ALL STUDENT ORGANIZATIONS: Sept. 28 is the dead
line for accepting re-recognition forms for organizations.
Forms are available in the Student Activities Office 208 Pa
vilion.
STUDENT GOVERNMENT EXTERNAL AFFAIRS COM
MITTEE: will meet at 7 p.m. in 228 Pavilion. All student
are welcome.
MSC CEPHEID VARIABLE: is having a meeting at 7:30
p.m. in 302 Rudder.
FELLOWSHIP OF CHRISTIAN ATHLETES: is meeting at
8:30 in 140 MSC. Bring ticket books for Game Day Wit
ness.
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Live Music
- Good Food
846-1812
4410
College Main
Tues. - Sept. 25
Company Sea
F
Wed. - Sept 2d
Dance Attack
Thurs. - Sept. 27
Johnny Reno
ONE WHEELERS: is having an organizational meeting at the
Grove at 6:30 p.m. Beginners are welcome.
AMERICAN METEROLOGICAL SOCIETY: is meeting at
7:30 in the O&M observatory. Dr. Dennis Driscoll will
speak on the topic of Biometeorology.
MSC ARTS COMMITTEE: is meeting at 7:30 p.m. The
movie “Shock of the New” will be shown at 8 p.m.
ON-CAMPUS CATHOLICS: is meeting at 9:30 p.m. in the
All Faith’s Chapel. Abortion and birtn control will be the
topics of discussion.
Fri. - Sept. 28
Dishes
Sat. - Sept. 29
High Chicago
Sun. - Sept. 30
4 Hams on Rye
Mon. - Oct. 1
Open Stage
for
and ready
for pickup
8:45-4:45
English Annex
must present Student
(if you have pre-paid; check your fee slip)
A-ggielands will be available for purchase and pickup
after October 10 in Room #S30 Reed McDonald