Page 6/The Battalion/Thursday, December 6, 1984
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Court refuses
plea by Mattox
United Press International
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401 Anderson SCANDIA 693-6505
AUSTIN — A state appeals court
ruled 2-1 Wednesday that Texas At
torney General Jim Mattox’s chal
lenge of his indictment for commer
cial bribery was premature.
The 3rd Court of Appeals said it
had no authority to consider such a
pre-trial appeal and issues raised by
the attorney general should be con
sidered by an appellate court after
his trial.
Neither Mattox nor his lawyer,
Roy Minton, were available for com
ment on the opinion. But Mattox has
^ said he would take his appeal to a
* higher appellate court, if necessary,
to avoid going to trial on the indict
ment on Feb. 11.
Minton argued during a Nov. 13
hearing before the three-judge
panel that the 1983 indictment
should be dismissed because it does
not allege a specific offense. But the
appeals court said it was only em
powered on pre-trial appeals to de
termine the state’s legal authority to
prosecute, not whether the indict
ment is valid.
“We may as well just hook up with
the Court of Criminal Appeals be
cause we’re going to run out of
time,” Minton said.
Mattox is accused of threatening
to ruin the public bond business of a
Houston law firm, Fulbright &
Jaworski, unless the firm abandoned
efforts to question his sister in a civil
lawsuit.
In affirming a Travis County Dis
trict Court ruling, the 3rd Court of
Appeals said that issues raised by the
attorney general are matters that
should be addressed in post-trial
proceedings. The panel’s majority
also rejected Mattox’s claim that the
commercial bribery statute under
which he was indicted is unconstitu
tionally vague.
Mattox has argued the state is
prosecuting him for nothing more
than engaging in heated negotia
tions with another lawyer.
But the appeals court said, “For
one lawyer to offer another lawyer
an economic benefit in consideration
for the latter’s breach of a Fiduciary
duty owed to a client is not a legiti
mate negotiating tactic; it is bribery.”
The court said this specific type of
conduct has been alleged against
Mattox, but that it will be up to a jury
to decide whether he is guilty.
In a dissenting opinion, Judge Jim
Brady said if there are defects in an
indictment it should be addressed at
any stage in criminal proceedings.
To consider alleged defects after a
trial, he said, “seems to be totally in
adequate to prevent the irreparable
damage that a full blown trial will in
flict upon an accused, especially a
public official, when it is clearly pos
sible that the conviction will be re
versed on appeal.”
Brady also said he believed pros
ecutors charged Mattox under the
wrong statute because the law was
written to address kickbacks to poli
ticians. He said the law “was never
intended by the Legislature to em
brace a fact situation as herein al
leged against the attorney general.”
According to the indictment, Mat
tox told a partner in the Houston
law firm that he would not delay a
multimillion-dollar package of pub
lic bonds being handled by Fulbright
& Jaworski if attempts to question his
sister were abandoned.
OF 1952..
Op*.-
{( /
.egislal
filed Wednesday tnatv
Texas justice of the peaceorn
examiner to simplify the donaiti
organs if the dead person's [
does not object.
A second bill prefiled byStii
Farabee, a democrat front Hill
Falls, would make it illegal toy
sell human organs for profit
Farabee said his interestinj
transplants increased after aj
boy near his hometown i
doctors could not locate a fej
him.
“This case, along with mati|
tional pleas for help, hasheigl
my awareness of the need lot#
donations,” he said. “If their!
of donors can be increased e
slightly ... it will result in aii
candy greater increase in thtj
her of organs available for J
plant.”
Farabee’s bills will be consul
during the legislative sessionifel
gins Jan. 8.
Chernenko calls
for serious talks
United Press International
MOSCOW — President Konstantin Chernenko said Wednes&l
the Soviet Union is ready for “radical solutions" on all disannamci
issues at forthcoming arms talks with Washington but its mainyoi:|
to halt President Reagan’s “Star Wars” program.
“Resolving the question of space weapons is now of primanirl
p>ortance,” Chernenko said in a message to an international conlfl
ence of physicians campaigning against nuclear war.
“Militarization of outer space, if not securely blocked, wll
cancel everything that has so far been achieved in the field ofaEi
limitation, spur the arms race in other areas and dramaticallyincraif
the danger of nuclear war,” Chernenko said.
Chernenko said, “The Soviet Union is prepared to go fortheiKl
radical solutions which would allow to advance along the waysleadnl
to the cessation of the arms race, the prohibition and, eventually,m|
plete elimination of nuclear weapons.”
Secretary of State George Shultz and Soviet Foreign Minister tel
drei Gromyko are scheduled to meet in Geneva on Jan ’
Statements from each side have indicated a Soviet preoccupationtcl
space weapons and a U.S. concern with limiting nuclear-armedc.!
siles.
The United States has a lead of several years in thehigh tei
ogy industries that are basic to developing the space weapons pi
gram.
“The Soviet Union looks to the forthcoming Soviet-U.S. negotj
tions with a view to achieving mutually acceptable understandinpii|
the entire set of questions related to nuclear and space weapons'
Chernenko said.
Soviet concern has grown as tests continue on an American anil
satellite missile, with Washington ignoring requests for a moratoncl
on development.
Chernenko told the International Physicians for thePrevenw4
Nuclear War that “the leaders of certain states” are pursuingdanfI
ous “nuclear illusions.”
“Chasing the specter of military superiority, these leadersij
loading with weapons the land and the oceans and are nowp
to do the same thing in outer space," Chernenko said.
Gromyko and Shultz will decide the f uture pattern of the anl
talks, but both sides agree that the negotiations will cover both sps!
weapons and nuclear missiles.
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