The Battalion. (College Station, Tex.) 1893-current, July 02, 1987, Image 6

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    Page 6/The Battalion/Thursday, July 2, 1987
iioiiaiion;
' Dance studios Warped
■ ! , sued in case
lassifieds claiming fraud
• TORRENT
• SERVICES
Special!
Cotton Village Apts., Snook, Tx.
1 Bdrm.: $150. / 2 Bdrm.: $175.
Call 846-8878 or
774-0773 after 5 p.m.
STUDENT TYPING - 20 years experience. Fast, accu
rate, reasonable, guaranteed. 693-8537. 168t7/14
♦ NOTICE
Preleasing Now! 2 & 3 bdrm duplexes near the Hilton
846-2471.776-6856. 83tufn
3 Bdr, 2 Bath 4-plex, Sc 2 Bdr, 2 Bath duplex, near Post
Oak Mall. $350./mo. with W/D. 696-4384, 693-0982.
169t8/31
CUSTOMIZE YOUR APARTMENT. Choose from
ceiling Ians, mini-blinds, wallpaper, fencing or washer.
Quiet area in E. Bryan. 2 Bdrm, start at $295./mo. l A>
off 1st month rent. 776-2300, wkends 1-279-2967.
160t7/2
Summer Special! One or two bedroom apartments
$225. All bills paid. 846-3050. Scholar’s Inn. John & Jo
hanna Sandor managers. 164tfn
SOUTHWOOD VALLEY, 2 BDRM DUPLEX,
FENCED BACKYARD, W/D CONN., SHUTTLE
STOP, $300./mo., 693-3823. 168t8/4
BARGAINS! Two Bedroom. Some Bills Paid. Some
With Washer/Dryer. $195-215. 779-3550, 696-2038.
168t7/31
1 & 2 bdrm. apt. A/C & Heat. Wall to Wall carpet. 512
& 515 Northgate / First St. 409-825-2761. No Pets.
140tfn
TAHOE APARTMENTS 3535 Plainsman Lane,
Bryan, Texas. 846-1771. WE LOVE AGGIE STU
DENTS. 139t7/16
WALK TO A&M. 1&2 Bedroom Fourplexes. Summer
& Fall Rates. 776-2300, weekends 1-279-2967. 156t7/2
$200 $200 $200 $200 $200 $200
WANTED
Male individuals 18-45 yrs. old
with mild wheezing or short
ness of breath, ex-asthma or
coughing with exercise to
participate in a one day study.
$200 incentive for those cho
sen.
776-6236
$75 $75 $75 $75 $75 $75
DIARRHEA STUDY
Individuals 18 yrs. old or older
with acute diarrhea to participate
in a 2 day at home study. $75 in
centive for those chosen.
For more information call Pauli
Research International at
776-6236 160B „
$75 $75 $75 $75 $75 $75
$100 $100 $100 $100 $100 $100
FEVER STUDY
Wanted individuals with an el
evated temperature to partici
pate in a fever study using over-
the-counter medication. $100 in
centive for those chosen.
For more information call Pauli
Research International
776-6236 160tfn
$100 $100 $100 $100 $100 $100
♦ JiORSALE
Parents, Students, Faculty!
Foreclosed condo. Near campus.
Fireplace, all appliances. Great
terms.
Call John @ Century 21 Beal Real
Estate, Inc.
775-9000 or 846-1534
16417/17
14x80 two bedroom, 1^6 bath, furnished, central air,
fenced lot set up in North Bryan park with swimming
pool, playground. Includes 8x8 storage shed. Must sell
$10,000. Ask for Patti 778-8322 or 693-9946. 169t7/17
Cheap auto parts, used. Pic-A-l’art. Inc. 78 and older.
3505 Old Kurlcn Road, Bryan. 102tfn
COMPUTERS. ETC. 693-7599. LOWEST PRICES
EVER! IBM-PC/XT COMPATIBLES: 640KB-RAM,
2-360KB DRIVES, TURBO, KEYBOARD, MON
ITOR: $649. PC/A T SYSTEMS: $1249. 16U8/14
Can you huy Jeeps. Cars, 4x4’s Seized in drug raids for
. — -; a n - - •
under $100
942
for facts today. 602-837-3401 Ext.
170t7/2
♦ CHILDCARE
Babysitter wanted. Two children 3 ] /2yr. and 2yr. Hours
negot. Call Gail 268-4162.
167t7/7
W HELP WANTED
Need Extra Cash? We need 200 inventory personnel
Friday July 10th and Saturday July 11th. If interested
stop by our office at 707 Texas Avenue Suite E-100
Manpower Temporary Services. 169t7/9
.# . ; JFREE
FREE Home Bible Correspondence Course. Call 693-
0400. 169t7/8
• SERVICES
TYPING AND WORD PROCESSING. FAST, REA
SONABLE, QUICK TURNAROUND AVAILABLE.
693-1598. 166t7/10
Ready Resumes $18. Laser printed. Information taken
by phone. 69:5-2128. 160t6/3 1
VERSATILE WORD PROCESSING - BEST PRICES.
FREE CORRECTIONS. RESUMES, THESES, PA
PERS, GRAPHICS, EQUATIONS, ETC. LASER
QUALITY. 696-2052. 163tfn
WORD PROCESSING: Dissertations, theses, manu
scripts, reports, term papers, resumes. 764-6614.
159t7/17
DEFENSIVE DRIVING
SURANCE DISCOUNT.
1322.
TICKET DISMISSAL. l.N-
YOU'LL LOVE IT!!! 693-
170t8/14
Typing: Papers, reports, resumes. $1.25/pg. Overnight
service available. 846-0564. 170t7/2
ACUTE LOW BACK PAIN
STUDY
Persons needed with recent,
painful low back injury. Take
one dose of medication and
evaluate for 4 hours. Volun
teers will be compensated for
their time and cooperation.
G&S Studies, Inc.
846-5933
ACUTE DIARRHEA
STUDY
Persons with acute, uncom
plicated diarrhea needed to
evaluate medication being
considered for over-the-
counter sale.
G&S Studies, Inc.
846-5933
J. O. White Catering Service
Pit Bar-B-Que on wheels
Every Weekend
at the Mudlot
. c o
J|ty^ only
75«
$199
1 PITCHER BEER
6 Daily Lunch Specials
Served with Chips & Hot Sauce
FREE
TACO BAR
10 PM to 11 Pm
(One Hour)
MTV & Sports in Aggie Room
Approved Checks-Credit Cards
3109 Texas Ave., Bryan
823-7470
STRETCH
Your Dollars!
WATCH FOR
BARGAINS
IN
THE
BATTALION!!
Call Battalion Classified
845-2611
LUBBOCK (AP) — The Texas at
torney general’s office has filed a
fraud and deceptive trade suit
against a dance studio franchise and
its operators, claiming that custom
ers were bilked out of thousands of
dollars.
Fifteen defendants, including in
dividuals and businesses in Lubbock,
Odessa and Victoria are named in
the lawsuit, said Maria Mercado, the
state’s assistant attorney general in
Lubbock.
The suit charges there was fraud
in overlapping lessons contracts, in
structors’ expenses, bogus trips and
exaggerated claims about dance
competition.
Many victims loaned the studios
money, believing they were helping
them to stay in business, the lawsuit
claims. One woman said she bor
rowed money to buy a car to be
rented by some of the defendants.
The number of victims and the
amount of their losses will not be
known until more of them come for
ward, Mercado said.
The suit was filed Tuesday in state
district court. It is the latest devel
opment in state prosecutors’ legal
battle with William Guido Felix of
Dallas and Gowit Inc., which has op
erated Fred Astaire Dance Studios in
Texas for at least seven years.
“We’re not suing the main cor
poration (in Miami, Fla.,) at this
time,” Mercado said, adding that no
hearing has been set on her request
for a temporary injunction.
Felix is the statewide franchiser,
except in Houston; co-defendant
George Eck operates Dance City of
Lubbock and the Astaire studio. The
other studios named are in Odessa
and Victoria.
Felix, president of Gowit, signed a
voluntary agreement with the state
in 1980 promising not to charge a
student more than $7,500 at any one
time for dance lessons or other serv
ices. The latest suit alleges that Felix
violated that provision and others in
the agreement.
Telephone calls to Lubbock’s
Dance City and Astaire studios in
Briercroft Center Wednesday
yielded recordings stating both
numbers no longer are in service.
Eck was not listed in the Lubbock
area telephone directory.
Felix also was not listed in the Dal
las area and could not be reached for
comment.
Felix, Eck, their businesses and
Chester Casanave also are the sub
ject of a $235,000 suit filed Friday by
former student Opal Sellers.
Court rules Speedy Trial Ac
violates state constitution
AUSTIN (AP) — The Texas
Court of Criminal Appeals ruled
Wednesday that the state’s Speedy
Trial Act is unconstitutional because
it violates the requirement that pro
vides for separation of powers in
government.
The vote was 5-4, and the four
dissenting judges each wrote an
opinion.
The 1977 Speedy Trial Act gener
ally says a person charged with a
crime must be brought to trial within
120 days, unless the prosecutor can
give compelling reasons for not
going to court.
The case before the Court of
Criminal Appeals involved Fred Me-
shell of Freestone County. After
pleading guilty, Meshell was con
victed of theft of a truckload of pipe
and was given a probated five-year
prison sentence.
On appeal, the 10th Court of Ap
peals at Waco affirmed the convic
tion and held the Speedy Trial Act
unconstitutional because of a defec
tive caption in the legislative mea
sure.
In the appeal, the Freestone
county attorney said Meshell could
not be brought to trial earlier since
an arrest warrant could not be
served because of a backlog in the
Harris County sheriff's office.
Judge Charles Campbell in his
majority opinion said the Waco rul
ing was not effective because the
1987 Legislature had passed a law
saying that courts “no longer have
the power to declare an act of the
Legislature unconstitutional due to
the insufficiency of the caption.”
Sian
1 1 The
lande
Ihen 1
I en
the separation of powers doctm®| (nc . ( |
Judge Sam Houston ClintonJ t |
in a dissenting opinion that“thtB^gQ a[
jority of the court demonsm;lf
will and determination tocasii«| j n ^
carefully drawn rules f o rorE«^j| o
procedure to reach a resulttkKj m o
and procedural circumstances:|jf
heretofore put beyond its read
But the majority opinion said if
the Speedy Trial Act were enforced
against the Freestone County attor
ney, “he would be deprived of his
exclusive prosecutorial discretion in
preparing for trial without any con
sideration for the factors used.”
The majority opinion said that
“unless broad legislative authority
for controlling the Freestone County
Clinton said to arrive at adet
reached by “impatient majorirl
have to stretch and strain witij
me.” fcerSoi
Judge Marvin Teague said 'Bned .
Speedy Trial Act is not uncon® 011 ’ "
tional because it infringes or® a l e F
croaches upon the prosecuw 10O1 'i
functions.” B al ' on
In another dissent, JudgeCF
Miller said, “The Speedy TiiRLced
simply does not encroach up lu
‘power’ of the prosecutor toaB
permissible extent.” 1
State district judge declares mistrial
in perjury case of Brownsville mayor
BROWNSVILLE (AP) — A state
district judge declared a mistrial
Wednesday in the perjury case of
Mayor Emilio Hernandez after ju
rors said they could not reach a ver
dict.
The panel had informed Judge
Darrell Hester of the impasse a half
hour after returning from lunch and
after less than two hours of deliber
ations. He ordered them to consider
the case further, but a litte more
than two hours later they told him
they were still deadlocked 7-5 in fa
vor of the state.
The judge honored a defense mo
tion for a mistrial and scheduled the
case to be heard again on July 20.
Another trial on bribery charges
against the mayor was to begin that
date, but that case will be resched
uled, the judge said.
After the mistrial was declared,
Hernandez joked when asked if he
was tired of court.
“I’m getting to enjoy it,” he said.
The felony aggravated perjury
charge, with a maximum penalty of
10 years and a $5,000 fine, resulted
from Hernandez’s Jan. 30 voluntary
testimony while answering allega
tions that he solicited a bribe or gift
from a garbage-disposal firm seek
ing a contract with Texas’ southern
most city.
The grand jury was hearing alle
gations of city corruption during an
Assistant Cameron County Attorney
Mervyn Mosbacker.
“I suggest they didn’t indict (for
perjury) until all the other cases
went clown the tube,” defense attor-
“You’re the people who live here in Cameron County.
You’re the people who set the standards. . . . If you
want public servants to be held accountable for their
actions, then you have a right to say so today. ”
— Special Prosecutor Sharon MacRae
ments for the re-election cam|i
of former City Commissioner
Sloss, whose campaign report
Hernandez as one of four pf
who paid $985 each for tk
boards.
Hernandez was acquitted
charge of felony theft by a p
servant on June 16. Hedidnc
tify in the theft or perjury trial
investigation directed by the Texas
Rangers.
Hernandez ultimately was in
dicted on three counts in that inves
tigation, including the perjury
charge. But five other charges were
thrown out because of the criminal
record of a grand jury foreman at
the time the mayor appeared before
the panel.
The mayor was indicted April 22
on the perjury charge for statements
made during the January question
ing by Ranger Rudy Rodriguez and
ney Rey Cantu said during his clos
ing arguments Wednesday.
Special Prosecutor Sharon Mac
Rae of San Antonio summed up her
case by saying, “You’re the people
who live here in Cameron County.
You’re the people who set the stan
dards. ... If you want public ser
vants to be held accountable for
their actions, then you have a right
to say so today.”
The state maintained that Her
nandez lied when he told them he
did not pay for billboard advertise-
Eight defense witnesses te:
Tuesday that they paid for the
boards, but were not given ret
when Hernandez collected
money on behalf of thecampaif
The state is attempting to®
the campaign contributions te
bribery case.
Sloss, who is recovering fi#
illness, was unable to testify.B»
wife, Hortencia Sloss, said these
list of people who contributedt
billboards was lost.
As campaign co-treasuret
listed Hernandez in a campaif
nance report as one of four
who paid for the billboards bee
she was in a hurry to file itbefe
reporting deadline.
Child’s videotaped statements
ruled unconstitutional by court
AUSTIN (AP) — The Texas
Court of Criminal Appeals ruled
Wednesday that it is unconstitu
tional for prosecutors to videotape
statements from children and then
show the tape to jurors in child-
abuse cases.
In a 6-3 decision, the court re
versed the 20-year sentence ordered
for James Edward Long of Dallas,
who was convicted of sexual abuse of
a child after jurors saw the taped
statement of a 12-year-old girl who
said Long had abused her since she
was five.
defendant the right to confront his
or her accuser at the time the
statement is made and taped.
The court noted that the young
girl told a story of a “sordid and dis
gusting series of sexual activities,”
but Judge M.P. Duncan’s majority
opinion said unconstitutional laws
have to be overturned “no matter
how vile and repulsive the alleged
offense.”
fundamental liberties. To do so
would produce emotionally prag
matic deviations from established
standards and that will inevitably
and ultimately result in a complete
erosion of those rights that make us
a free society.”
The tape was made by the Dallas
Rape Crisis Center at the request of
prosecutors.
Under a 1983 state law, taped
statements from juvenile victims can
be used as evidence if the child is
also available for cross-examination.
The appeals court said the law is
unconstitutional because it denies a
In the Long case, the alleged vic
tim is the daughter of a woman with
whom the defendant had lived.
The girl was called to testify after
her videotaped statement was
shown.
The opinion traced the centuries-
old practice of allowing a defendant
to confront accusers. In addition, it
can be valuable for jurors to see the
witness, in person, during testimony,
Duncan said.
“This area of the law is dominated
by emotion, which is understandable
in light of the interests society wants
to protect — abused children,” Dun
can said.
He added, “We cannot ever let
emotion-charged issues to erode our
Duncan said live testimony by
child-victims can be extremely dam
aging to the child.
“However, prior to taking the
massive step of suspending a consti
tutional right . . . there must be evi
dence that the interest of the public
in a specific case substantially outw
eighs the established constitutional
right of the defendant,” Duncan
said.
Ex-wife allov/i
to garnish
husband's po
AUSTIN (AP) — The Id
Supreme Court ruled Wedne:
that a woman could garnish
former husband’s military ret
ment pay as part of “suppof 1
spouse” payments incorpot
into their divorce decree.
Kazue Stubbe and Mai
Stubbe were divorced in Ml
1982, and after Stubbe faile<
meet his support obligations
der the agreement, his fot
wife sued for back payments.
T he state district court in
County signed an agrf
judgment against Stubbe
$16,400.
The Army, however, filf
motion to stop garnishm
claiming governmental im
nity. This motion was overt®
by the Supreme Court.
V
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