The Battalion. (College Station, Tex.) 1893-current, June 17, 1987, Image 4

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Page 4/The Battalion/Wednesday, June 17,1987
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t Plxzwortcsj
Judge will rule
if kids can testify
against mother
HOUS ION (AP) — A judge is ex
pected to rule Wednesday whether
the surviving children of a woman
who allegedly threw six of her seven
children into a downtown bayou
should testify in her attempted capi
tal murder trial.
George Parnham, the lawyer rep
resenting the children’s maternal
grandmother, is asking State District
Judge Eric Andeli to issue an injunc
tion against the district attorney’s of
fice to prevent the children from be
ing called as witnesses.
Andeli is a juvenile court judge
who has jurisdiction ovet the chil
dren of J uana Leija.
Jury selection for Leija’s trial is
scheduled to begin Wednesday in
visiting State District Judge Jimmy
James’ court. She is charged with
murder in the deaths of two of her
children and witli four counts of at
tempted capital murder.
She currently is being tried for
only one count of attempted capital
murder, her attorney, Dick DeGue-
i in, said.
Two of Leija’s children, a 5-year-
old girl and (i-year-old boy, drowned
in the bayou April 18, l ( .)8f>. Down
town workers hearing screams res
cued four other Leija children from
die muddy waters.
Parnham says having the children
testify in their mother’s trial would
cause them irreparable harm.
Prosecutor Garol Davies said she
has subpoenaed three of the surviv
ing children but likely will rely
mainly on testimony from 11-year-
old Eloisa Leija, who walked about
one block to the police station and
alerted of ficers.
“Any detriment was caused by the
mother putting the child in this cir
cumstance by having seen such a
horrible act,” Davies said.
DeGuerin also opposes Parnham’s
efforts to keep the children away
from die witness stand. DeGuerin is
planning to present an insanity de
fense.
“It’s unfortunate the child has to
he put in the position to testify in the
case, hut the fac t is she is a witness,”
DeGuerin said.
Juana Leija, 30, is living at a home
for battered women after having
been hospitalized in a mental ward
lor several montlis.
Two of the f ive surviving c hildren
are living with their maternal grand
mother, Esperanza Elores. One of
Leija’s daughters, Eloisa, is staying in
DePelchin Eaitli Home and another
daughter is living at Gase de Espe-
What’s up
Thursday
KANM STUDENT RADIO: a disc jockey meeting will t<|
held at 7 p.m. in 301 Rudder.
The
[to the
inent
Moncki
HAI
• A
Items for What's Up should be submitted to The Battalion,
216 Reed McDonald, no less than three working days bt
fore desired publication date.
Judge orders council office
to pay $225,000 to agenq
lenil st
I water v
lycle Ir
[slated
jlaughei
la picku
Lie was
lof apoli
TER
• A
[receive
Iwas ad\
planted
SAN ANTONIO (AP) — The
chief financial of ficer of the San An
tonio Urban Council lias been or
dered to pay the agenc y $325,000 al
ter lie allegedly transferred
organization money to his hank ac
count, officials said.
Presiding Civil District Court
Judge John Cornyn signed a
judgment Monday, ordering Ed
ward W. Thames to pay the counc il
$75,000 in actual damages and
$150,()()() in punitive damages.
Thames was sued for the money
after reports surf;iced in March that
as much as $180,000 in funds lie-
longing to the social service organi
zation was missing.
Cornyn stated that based on ad
missions of fact, Thames “willfully
and fraudulently” took at least
$75,000 from the council.
George Spencer Jr., an aitornev
representing (lie round
«i miinal complaint was
I hnincs. who could not hci'I
loi comment because liistdf|l
was disconnected. He wasfirtj
his post in Eehruary.
Slate* 1 Jisirict |ticlge RaiilRi |
Marc h approved <111 orderlof
I hames’ hank account alter it
ol the missing moneysuilactiil
Urban Council lawyers
Eli .lines began taking the m l
rails I08(), occasionallv pJ
mones hac k into council kT
cover his tracks.
S|x*ncei said the jud}, , iiieiiil l0lll<l ls , a
ih< 1 I h.mics 1 cl used ll ' 1111 "
• 11 in the i ml Mill. H' 1 I 1 ''" '
Thames pleaded the tH | (
\meiidmcnt ilmuiidiniiM Milonoied .
proceedings. ()nl\ his afliinit W"’' 1 l '' 1
ssard DcWces |i . ,i|i|ic.iieil: B 1 '" 1
■ ship in (
ral Ads isi
[SAN A
Him peop
as the judge issued his order
Austin research group to announce
first hi-tech product for market sale
iijg a Hi
(jidiru
Cisnerr
Bary Alii
|g in N;
sard sva:
‘‘All of
pi ule in
d =. 7* fov* I OJUs vvJuu • Ci S 7^ fbv I OJX vvJUL) • e S 2- -fbr
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AUS EIN (AP) — The MGG high-technology
research group and NCR Corp. next week will
announce the first commercial product horn of
research conducted at the Austin-based MCC re
search consortium.
Officials of the two companies said they will
unveil “the first commercial product based on
technology transferred from MCC” and an
nounce a “significant advance in tfie commercial
application of artificial intelligence to the design
of computer chips.”
A news conference is scheduled for Tuesday at
the Hayden Planetarium Sky Theater in New
York’s Central Park.
The announcement will he a milestone for
MCC, the Microelectronics and Computer Tech
nology Corp., which was formed four years ago
to conduct cooperative research projec ts.
Although MGG has given researc h findings in
several areas to member companies, this will be
the first time a company lias built a marketable
produc t around MCC-developed technology.
Both MGG and NCR declined Mondav to com
ment f urther on the upcoming announcement.
Grant Dove, MGG’s new chairman and chief
exec utive officer, will address the gathering. He
is to he joined by Malcolm Baldridge, secretary of
the U.S. Commerce Department; Charles Exley,
chairman and president of NCR; and James Van
Tassel, vice president of NCR’s microelectronics
division.
The announcement will be made two weeks
IxTore Dove takes over as MEC’s dim: I
new duties of finally Ix-gin Julyl). Dovti^j
veteran ol I exas Instruments liic.,succw|
Inman, MCC’s firsl director, who left in] J
to liecome head of a new defense dwi
holding c ompany,
NCR. based in Dayton, Ohio, was out j
fntindersof the* M(X! consortium.Theoal
produces a variety of computers, ranM
personal computers to meclium-si/ednuri
systems.
While* M( 1C 1’s charle 1 was drawn upil
research work didn’t begin in earnest 111J
1984. MGG has seven research prognini)|
way, a stall ol about 470 and a budgetoff
lion.
n ty, and
0 ed to re
lion,” (lisi
|ciiy «»H
old I lisp;
Ex|
(lONRC
Civil jury steps out to name
verdict in suit against Davis
Lawyers offer final arguments, close case
PORT WORTH (AP) —- One of
Texas’ most sensational murder
mysteries was put into the hands of
a civil court jury Tuesday after at
torneys wrapped up closing argu
ments in (he wrongf ul death trial of
millionaire Cullen Davis.
Jurors retreated to begin deliber
ations at 4:30 p.m., but reappeared
minutes later to announce they
were breaking for (lie night.
The process was to resume this
morning.
In closing arguments, a plain
tiffs attorney portrayed Davis as a
cold, cruel, vengeful killer and said
the evidence shows he was the man
in black who gunned down four
people at his hilltop mansion in Au
gust 1976.
‘This case screams for justice,”
Austin attorney Bob Gibbins said in
his final summation in (lie wrongf ul
death suit that seeks $15.5 million
from Davis for compensatory, pu
nitive and exemplary damages.
He reminded the panel that an
expert witness described the shoot
ings as an act of “anger, revenge
and cruelty.”
Gibbins then testified that a psy
chological profile of the killer fit
Davis “to a T.”
Responding for the defense, Dal
las lawyer Steve Sumner said there
is no physical evidence linking Da
vis to the shootings and no evidence
to suggest that something triggered
a “blind rage” that day.
“Much of the evidence is incon
sistent with Cullen being anywhere
near 4200 Mockingbird Lane that
night,” Stunner said.
But Gibbins said the defense of
fered little more than Davis’ own
testimony and that of two alibi wit
nesses, one a close personal friend
of (he defendant and the other his
former girlf riend and now his wife,
Karen Master Davis.
Karen Davis, 38, says she awak
ened at 12:40 the night of the
shootings and that Davis was in bed
beside her.
Gibbins pointed out that Karen
Davis neglected to mention the
“mysterious” 12:40 awakening to
investigators or grand jurors in
1976 hut testified about il in Davis’
1977 murder trial.
An Amarillo jury acquitted Davis
in Andrea Wilborn’s death 10 years
ago, but that verdict lias no legal
hearing on the civil suits.
According to the eyewitness testi
mony, a gunman dressed in black
and wearing a crude black wig
wounded Priscilla Davis and killed
her boyfriend, Stan Earr, 30, and
her 12-year-old daughter, Andrea.
Bubba Gavrel, then 22, was par
tially paralyzed by an assailant’s bul
let.
His teen-aged date that night,
Beverly Bass, escaped unharmed.
11 was Priscilla Davis, Bass and
Gavrel who identified Davis as the
Prisc illa Davis also fudged a per
sonal injury suit against her former
husband.
The first and foremost issue lac
ing die jury of eight women and
four men was the identity of the
child’s assailant.
If the panel rules against Davis, it
must then determine die amount of
damages he must pay the plaintiffs.
Davis accused Priscilla Davis and
Wilborn of filing the suits out of
greed, hut they said this case was
not about money but justice.
Unlike the Amarillo criminal
trial, the jurv was instructed to
reach its verdict on the “preponder
ance ol the evidence” as opposed to
the more difficult burden of “be
yond a reasonable doubt.”
Also, the jury could render a ver
dict upon the vote of 10 of the* 12
jurors.
mansion gunman.
The slain child’s parents — Pris
cilla Davis and her second husband,
Jack Wilborn, 66 — are suing Davis
for millions in a pair of consol
idated wrongful death suits.
A criminal case demands a unan
imous verdict.
In his closing summation, Gib
bins suggested that Davis was in an
“uncontrollable rage” the night he
killed his stepdaughter’s kitten and
in a similar state of mind the night
of the shootings.
“Maybe they can sweep a little
kilteU under die carpet hut you
can’t sweep a little girl under the
carpet,” he said.
Gibbins said he respected Davis’
1980 conversion to (Christianity hut
said that “he admitted on cross-ex
amination the Lord wasn’t with him
that night and he wasn’t with the
Lord.”
coiion ind
City official
Bar shoul
|sl two dc
111 said 1
wanfs (Mdoir'i
; vice presic
ton Coum
tional (Cot
“I am so e>
puf on mai
ANGLE EON (Al’J—Am fc "The ii
commissioner is wonderinp coitou arc*
his hometown of Cluteiv; (hr hillion
ing from the Rodney'I)ani{««[s|ardi by
syndrome — it getsiiorespeft
Chite, a < ity of 10,01)0po [is Imili.
this solid f
Sears sa
lion f or I Ik
Brie
has been left of f the in«saic
in Brazoria (Comity (Couitl*
built in 1940, at a linitol
( lute had existed loi idyeait
though it wasn’t iiudipiralHl
“No one ran lell me*t l
(Glutc) was left olT," (in
sioner Ronnie Bmaddus |
Mondav, after 1 ec|iie.stiiij'ilii® i 'j
a commissioners’ emm mtf V ,
< ii» I* iiK'ild. f K ",J ■
map .md designated in
Lake Jackson is there. (li|
ROSEN
his hi
spoiidmg 1
excessive I
Arriaga
■“They
bride said
tended by
Jackson
glelon, the comity seat,isllif
big, gold fellers. Even Velar I
< iiy annexed by Ereeporl 11 JL
1950s, is depicted, as wellar » l l j!
zoria, Alvin and Pearland,
Broacldus, a former (Unit
councilman, questions wlial
ol her c ilics havedonetojillflBi
mill h attention as (Chile.
"We have die Great
Mosquito Eestival," Broaddrt
the Houston Chronicle.‘M
received national attenlio|l
looking at this map, yoneaiiil
we even exist.’
A small, unmarkedsqiiarti
dcpic 1 (lute, hut die markinf
hide to (he left of whereiIk (
should be, next to a comp
vely giant designation bN 1
Jackson.
11 the square is, ill lacpi*
Broacldus wants il enlargetw
lleci die (it v’s actual size.
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