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STATE & LOCAL 3
Thursday, April 27,1989
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Breathed
Drug-ring suspect pleads innocent to charges
BROWNSVILLE (AP) — The
inly suspect in U.S. custody in con-
icction with an alleged occult-in-
luenced drug smuggling ring
inked to 15 deaths pleaded inno-
ent Wednesday to federal drug
barges.
Serafin Hernandez Rivera, 45, of
irownsville, was arrested in Hous-
on on April 17 and is one of 11
leople who was indicted the next
lay in McAllen on four federal
mints related to marijuana posses
ion and importation.
“We ll enter a plea of not guilty as
o each and every one of these
mints,” federal public defender Fe-
ixReciotold U.S. Magistrate Fiden-
io Garza.
AU.S. magistrate in Houston last
: riday ordered Hernandez held
nthoutbond, pending trial.
Garza on Wednesday set jury se-
ecdon for Hernandez’ trial in
Irownsville for May 30, following
iretrial hearings on May 15 and
lay 26.
Hernandez, a native of La Bar-
mca, Tamaulipas, Mexico, spoke
Spanish through an interpreter at.
be arraignment.
Officials have said they do not be-
ieve Hernandez was involved in the
irganization’s cidt faction which,
iccording to suspects in Mexican
nstody, ritually sacrificed and mu-
iated some of the victims found
kiried west of Matamoros, Mexi-
».
Some of the five suspects in Mexi
can custody have said the ritual slay
ings were supposed to provide mag
ical protection from spirits to aid the
smuggling activity.
Hernandez’ brother, Elio Her
nandez Rivera, is one of the suspects
held in Mexico in connection with
the case.
Some of the victims were chosen
at random, including University of
Texas student Mark Kilroy, said Co-
mandante Juan Benitez Ayala, of
the Mexican Federal Judicial Police
in Matamoros.
But the majority of the 15 victims
were drug traffickers or police
killed in retaliation for soured drug
deals, Benitez said.
Assistant U.S. Attorney John
Crews said he expects the defense to
request a venue change due to local
publicity in the case. Recio declined
comment.
Crews said the prosecution does
not have any of the marijuana Her
nandez and 10 others are accused of
smuggling.
“That obviously makes our bur
den of proof harder,” Crews said.
“That’s why it’s called a ‘no-dope
conspiracy,’ because we don’t actu
ally have the controlled substance in
our possession.”
He declined to provide further
details of the investiga-
tion.
Officials have said the organiza
tion was responsible for smuggling a
ton of marijuana weekly into the
United States.
Crews said it was not unusual for
accused drug traffickers to use pub
lic defenders, sometimes in an ef
fort to hide their assets.
The four-count indictment ac
cuses Hernandez and 10 others of
conspiracy to import more than 100
kilograms (220 pounds) of mari
juana, importation of 1,800 pounds
of the drug, conspiracy tp possess
more than 100 kilograms of pot and
possession of 1,800 pounds.
Each count carries a penalty of at
least five to 40 years in prison.
Crews said. The prosecutor said
bond was denied for Hernandez be
cause ties to Mexico make him a risk
for flight and because “there’s a stat
utory presumption of danger to the
community.”
FORT WORTH (AP)—On the fi
nal day of a yearlong trial, Delta Air
Lines and the federal government
Wednesday made last-ditch attempts
to blame each other for the 1985 fa
tal crash of Flight 191 at Dallas-Fort
Worth International Airport.
Attorneys presented closing argu
ments in the non-jury trial to U.S.
District Judge David O. Belew Jr.,
who is expected to rule this summer
on liability in the crash.
Delta is suing the government,
claiming air traffic controllers and
National Weather Service meteorol
ogists failed to warn the flight’s crew
of hazardous weather.
But the government contends the
Four of those named in the same
indictment are in custody in Mexico,
and face trial before a Mexican fed
eral judge on charges including
first-degree murder, kidnapping,
drug trafficking, firearms violations
Along with Hernandez’ brother,
Elio, those in custody in Mexico in
clude Hernandez’ son, Serafin Her
nandez Garcia, 20, a law enforce-
flight crew didn’t heed Federal Avi
ation Administration tower warn
ings, didn’t ask for weather informa
tion and decided to fly into a storm.
The government also says the jet’s
radar should have warned the pilots
of weather conditions.
The Lockheed L-1011 jumbo jet
went down Aug. 2, 1985, in a micro-
burst from a thunderstorm as it ap
proached the airport, slamming to
the ground and killing 137 people.
Delta attorney John Martin told
Belew that in deciding liability, it
must be determined who knew what
about the weather, when the infor
mation was obtained and when it was
made available to pilots.
ment major at Texas Southmost
College in Brownsville.
Also indicted but still at-large is
Ovidio Hernandez, brother of Sera
fin and Elio Hernandez.
Adolfo de Jesus Constanzo, 26,
and Sara Maria Aldrete, 24, the so-
called “godfather” and “god
mother” of the cult, also were in
dicted, but remained fugitives
Wednesday.
Clark students Jeff Beckel, Taylor
Sommer and Scott Autry and for
mer Clark student Hector Torres
have given written statements talk
ing about what they saw.
“We looked through the window
and saw Chad Cadenhead and Mrs.
Hogan naked on the bed having sex
ual intercourse,” Sommers wrote in
his statement.
“We also observed Mrs. Hogan
giving Chad oral sex,” Sommers
stated. “He knew we were observing
and flexed his muscles and pointed
to his biceps.”
Former teacher indicted on sexual assault charges
SAN ANTONIO (AP) — A for
mer high school teacher accused of
having sex with a student who later
committed suicide has been indicted
on sexual assault charges.
Lou Ann Hogan, 25, who taught
English and Spanish at Clark High
School, is accused of having sexual
relations with Chad Cadenhead,
then 16, on two occasions in Decem
ber 1987.
Cadenhead shot himself in Jan
uary 1988, a few days after his 17th
birthday, officials said.
Hogan, who now lives in Schenec
tady, N.Y., is expected to surrender
this week to Bexar County officials
to answer the charges.
“We haven’t made final arrange
ments yet,” Mark Stevens, Hogan’s
attorney, said. “I’ll have to talk to the
judge and see how much time he’ll
give us. She’s aware of the indict
ments.”
A grand jury on Tuesday re
turned two sexual assault charges in
volving Cadenhead, who committed
suicide on Jan. 28, 1988.
The indictment charges that Ho
gan had sex with Cadenhead on Dec.
Sand Dec. 11, 1987.
“He was very close to his 17th
birthday, but the state law mandates
that before 17 you have no legal
right to consent, so if an adult has
sexual relations with you, it’s a
crime,” Assistant District Attorney
Nelson “Skip” Atwell said.
Four friends of the teen-ager have
said they witnessed the sexual acts
after Cadenhead bragged about his
relationship with the teacher and
dared them to go to his house to wit
ness the acts.
“I assume it will cause prosecution
problems since the jury won’t be able
to hear from the victim,” Atwell said.
“So, the jury will have to rely upon
the eyewitnesses,” Atwell said.
UPD arrests two teens for attempted car theft
Liability for Delta crash
unknown as trial ends
3y Holly Becka
fiEPORTER
Two Bryan teen-agers were at rested Tuesday night
and charged with third degree felonies for the burglary
ofaTexas A&M student’s truck.
Bob Wiatt, director of University Police, said officers
responded to a call from a student who reported suspi-
ious activity in PA 40, the parking lot behind the new r
modular dormitories on the south side of campus.
At about 11:40 p.m. the student (who called) said he
1 heard the breaking of glass and some people had
gotten into a vehicle,” Wiatt said. “He got the license
plate number.
"Some of my units responded immediately (and) de
lected two individuals who subsequently admitted to
breaking the side window of a truck and trying to steal
what they thought was a radar detector.”
There was not a radar detector in the vehicle, but in
stead some wires hanging from the roof.
“So they broke in and found that what they were
looking for was not in there, and started to leave,” Wiatt
said. “That’s when our guys swooped up on them.”
Wiatt said 17-year-old Kurtis E. George and 18-year-
old Gregory M. Banta, both of Bryan, admitted break
ing the truck’s window with a belt buckle with the intent
to steal.
Neither George nor Banta are A&M or local high
school students.
T he teen-agers were charged with third degree felo
nies for burglary of a motor vehicle, punishable by two
to 10 years imprisonment and/or a $5,000 fine. Wiatt
said the suspects will be tried as adults.
and illegal burial.
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