Friday, April 3, 1987/The Battalion/Page 3
State and Local
Lawyers seek change of venue
in murder case at CS restaurant
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By Carolyn Garcia
Staff Writer
I Attorneys for the man charged with the Jan.
15 stabbing death of the night manager of Julie’s
Place Restaurant have filed a request to have the
■rial moved from Brazos County.
I Court-appointed attorney Tyler Moore asked
'State District Judge Carolyn Ruffino to grant his
Request so his client would be assured of a fair
Irial following what he cites as “extensive pretrial
publicity” by the Bryan-College Station news me-
Bia.
Tyler is representing capital murder suspect
Terry Washington.
I Washington’s attorneys have filed 51 motions
between March 25 and Monday in relation to his
defense, including one to cut down on media
pverage of the pretrial hearing set for April 24.
The motion states, “Such publicity has been in-
lammatory and unfair and created such hostility
oward the defendant and prejudiced the opin
ions of members of the community to such a de
cree that it is unlikely a jury could be selected
vhich could render a verdict solely on the evi-
■ence presented at trial.”
I Local attorneys Roland Searcy Jr. and Henry
C. Paine supplied supporting affidavits claiming
news reports have created such a great public
prejudice that a fair trial would be impossible.
Washington is being held in Brazos County
Jail without bond charged with capital murder in
relation to the stabbing death of Beatrice Huling.
Capital murder carries the possible punish
ment of death by lethal injection. A murder is
ruled a capital murder if the murder occurred in
connection with a robbery.
Huling, the night manager of Julie’s Place res
taurant, was found in a pool of blood in the office
doorway of the restaurant. Bryan pathologist
J.C. Lee reported that Huling had been stabbed
85 times.
Washington continued to work at the restau
rant until shortly before his Feb. 25 arrest in con
nection with the murder. He had been working a
few hours before Huling was killed.
Ruffino says she will decide after the pretrial
hearing whether she will grant the change of ve
nue.
“I cannot make any decision until I hear the
evidence presented at the pretrial hearing,” Ruf
fino says.
Should she decide to move the trial, Ruffino
says, she will have to search for a county to have it
in.
District Attorney Bill Turner says requests for
moving a capital murder trial are common and
almost always are motivated by media coverage.
“The public has a right to know about criminal
cases,” Turner says. “However, the defendant
has the right to a fair trial. If the publicity has
been to such a degree that it would clearly hurt
the defendant’s right to a fair trial then the judge
may rule to move it.
“But if the publicity has not been to the degree
that it would hurt the case, then it should be tried
in the community (in which) the crime occurred.”
One of the 51 motions requests jurors be se
questered immediately after they have been se
lected.
The motion states, “There is a clear and pre
sent danger that the news media, to wit, tele
vision, radio and newspaper media, will report
evidence which has not been admitted into evi
dence or which has been excluded from evidence
in this trial as well as any remark by any officer or
agent of the state regarding the merits.
“If jurors become aware of said evidence by
virtue of reports of this trial in the news media,
the defendant’s right to a fair and impartial trial
would be seriously prejudiced.”
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Mattox ruling says Texas deficit
can carry over to next budget
AUSTIN (AP) — The Legislature
got a little breathing room Thursday
as Attorney General Jim Mattox
ruled that this year’s $1 billion bud
get deficit may be carried over into
the next two-year spending period.
If Mattox had ruled otherwise,
lawmakers would have been forced
to raise $1 billion in taxes in only a
few months or see state government
grind to a halt.
House Speaker Gib Lewis, D-Fort
Worth, said Mattox’s ruling was
good and bad news.
“It gives us a little breathing
room,” Lewis said. “That’s about the
only thing you can say.
“The good news is, we’re not
going to have to cut back in educa
tion spending, (prison construction
or social programs),” Lewis said.
And government won’t be “at a
standstill, which would have hap
pened if the attorney general’s rul
ing had been otherwise.”
However, Lewis said, “the bad
news is . . . we’re $1 billion short.
We’re going to have to either make
up that $1 billion or we’re going to
have to make $1 billion (in) cuts in
the next biennium.”
Mattox’s legal opinion was in re
sponse to questions from State Com
ptroller Bob Bullock, who wondered
whether carrying the $1 billion debt
from 1986-87 into the 1988-89 bud
get period would violate the Texas
Constitution’s pay-as-you-go provi
sions.
Mattox said although it might vio
late the spirit of the constitution,
such a scheme is legal.
But the Legislature must find a
way to make up the $ 1 billion short
age during 1988-89, or the comp
troller can’t certify that budget as
balanced, which is required by the
constitution, Mattox said.
Mattox chided the Legislature for
following the federal government’s
red ink example.
“While I may be powerless to pre
vent this deficit financing, I feel it is
my duty not to yield our constitu
tional heritage of a balanced budget
without registering my protest,”
Mattox said.
The attorney general said Bullock
has done his duty by telling the Leg
islature and governor of the antic
ipated deficit, and it now is up to
lawmakers to live up to the constitu
tion’s balanced-budget require
ments.
Gov. Bill Clements said he was
pleased with the attorney general’s
ruling.
“His decision confirms what I had
planned in my budget proposal,
which includes funding to pay the $1
billion deficit,” Clements said.
Appeal falls short;
Dunn Hall resident
found guilty' in case
By Curtis L. Culberson
Staff Writer
An eight-week-long battle
fought against the Residence
Halls Judicial Board by a Dunn
Hall resident ended when Assis
tant Director of Student Affairs
Thomas Murray upheld the
guilty verdict of the judicial
board.
After being found guilty of
possessing stolen property in the
second of two judicial board hear
ings, Donald Stroud said he
would appeal his case on the basis
of double jeopardy and selectivity
of the charge.
Associate Director of Student
Affairs Bill Kibler said Monday
that protection from double jeop
ardy is guaranteed by the Consti
tution and it applies in criminal
cases involving the state.
“A criminal court has the lati
tude to put someone in jail and
take away freedoms,” Kibler said.
“A judicial board hearing is an
informal administrative proce
dure — it’s not a trial,” he said. “It
involves disciplinary action be
tween a student and the Universi-
T”
Kibler added that this wasn’t
the first case that allegations of
double jeopardy have been made
against the judicial board.
Stroud said, “I am obviously
not pleased with the decision or
my punishment.”
Stroud was given the choice of
community service or hall proba
tion for the next fall’s semester.
Stroud said he would choose
hall probation, but added, “Hall
probation seems very severe for
such a petty thing.”
Stroud was charged with pos
session of stolen door signs,
memo boards and pens from
Krueger and Mosher halls.
Stroud said he found the articles
in a brown paper bag marked,
“Courtesy of Aston” while study
ing in the Commons.
Joe Skladal, who was with
Stroud when he found the items.
originally was charged along with
Stroud of vandalism and dam
ages to University property.
They were both found inno
cent of those charges at a Feb. 10
judicial board hearing but were
recharged. Skladal and Stroud
claimed that recharging them was
double jeopardy since they had
already been found innocent at
the first hearing.
Both Stroud and Skladal, who
was recharged as an accessory to
the possession of stolen property,
stormed out in the middle of the
second judicial board hearing
held on March 10.
In a closed session following
the hearing, Skladal was found
innocent and Stroud was found
guilty.
Murray said he thought the ju
dicial board handled the situation
in the best manner possible.
“They did all they could,” he
said. “They needed to make a de
cision.”
Stroud said the situation is re
sponsible for the sharp drop in
his grades this semester.
“It took them two months to do
what should have taken two
weeks’’Stroud said.
But Kibler said that the judicial
board is limited to hearing only
the specific charges brought up
against students by adminstra-
tors.
“This is done to protect stu
dents against any misuse of judi
cial board by their peers,” he said.
Kibler also said that both stu
dents involved had the option of
meeting with a staff member
which could have lessened some
of the bureaucracy involved with
judicial board hearings.
In this case, that staff member
would have been Rick Turn-
bough, assistant south-area coor
dinator. However it was Turn-
bough’s office that brought the
charges against Stroud and Skla
dal.
Skladal said, “It didn’t make
sense to go to Turnbough.”
Have a meaningful relationship this summer.
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NORTHWESTERN UNIVERSITY
SUMMER SESSION ’87
A r? A
-
2003 Sheridan Road
Evanston, Illinois 60201
Please send my free copy of the
Summer Session ’87 catalog with financial
aid and registration information.
(Available mid-March)
Name
School Address
State
Zip
Home Address
SHORT
ON
CASH???
Sell your books
at
University Book Stores
Northgate & Culpepper Plaza
City
State
Zip
Wish yon were here.
Send the coupon or
call 1-800-ENRLS-NU
(Inside Illinois call 312-491-5250)
You are invited to a
Gospel Meeting
at the
Twin City Church of Christ
April 5-10,1987
Lessons will be presented by
jerry Fite
7:30 p.m.-Mon. thru Fri. 810 Southwest Parkway
10:30 a.m. & 6 p.m. Sunday College Station, Texas
1:00 p.m.
AG CONVOCATION and CHILI COOK-OFF
Saturday, April 4, 1987
Central Park, College Station
Tickets $2. 50 from Kleberg, Dean's Office,
Ag Council Representatives,
or at the door.
Chili Cook-Off
Volleyball tov r Tnament
Domino tournament
Sponsored by the College of Agriculture, Alpha Zeta, and Student Agricultural Council.
NEED
MONEY???
Sell your BOOKS
at
University Book Stores
Northgate & Culpepper Plaza
DRUG
TESTING
Obligation
or
violation?
April 6, 1987
AtSC GR