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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Jan. 24, 1990)
1990 Wednesday, January 24,1990 The Battalion Page 9 i Death row inmate freed; D.A. Speers plans appeal erback l the big my guys it quar- m the ow how ave. I've Hope- t on tnis remem- s a good tone Su. ^sj ir Quar- who Matxth oung- Hous* as the > char- to the i. The schol- ferent it my . start- Bowl. award rl not t what a unity are." tated on of mtnu- Us 73 busi- te el- tating CONROE (AP) — Montgomery bounty District Attorney Peter ipeers said Tuesday he is appealing o the U.S. Supreme Court a deci- ion by the Texas Court of Criminal Appeals to overturn the capital mur- ler conviction of Clarence Brandley. Speers’ announcement came after tate District Judge Lee Alworth set $75,000 bond for Brandley’s re ease from the Texas’s death row. Brandley was released from prison Tuesday afternoon. “I believe that serious errors in onstitutional interpretation were nade by the (Texas) Court of Crimi- lal Appeals in its decision and that herefore this appeal will not be friv- >lous,” Speers said during a news conference. “I realize, however, that |he chances of success at that level fare purely speculative.” 1 Speers told the Associated Press lie would not try Brandley a third lime if this appeal failed. I Last month, the appeals court liverturned Brandley’s capital mur- Her conviction, saying he did not re- leive a fair trial. By a vote of 6-3, the lame court last week rejected pleas from Speers to reverse its decision. I The court issued a mandate Mon may that essentially ends the appel late court’s involvement on the randley case and returns jurisdic- |ion to Montgomery County. “The way I interpret their (ap- als court) opinion, they kind of reated a novel theory as ineffective assistance of police,” Speers said in explaining what his basis for the ap peal would be. “Essentially they found a due process violation based on the failure of police to take on certain investigative steps during the course of the investigation.” “The defendant has no constitu tional right to have the police do “I I believe that serious errors in constitutional interpretation were made by the (Texas) Court of Criminal Appeals in its decision and that therefore this appeal will not be frivolous.” — Peter Speers, district attorney anything particular during the course of an investigation,” he said. Speers said he has 90 days to file the appeal. He expects the court to decide within 60 days of his filing whether they will consider the case. Brandley, 38, who is black, was a janitor at Conroe High School where Cheryl Dee Fergeson, who was white, was killed in August 1980 as she attended a volleyball tourna ment. She was raped and strangled. Speers said Fergeson’s family is “upset that Brandley is going to go free,” but supports his decision. Speers said he and Brandley’s at torney, Mike DeGeurin, agreed to an arrangement over the weekend whereby Brandley would be re leased, and Speers would not pursue a second motion for a rehearing nor seek a stay from the state appeals court. Despite his agreement with De Geurin, Speers said he is still absolu tely convinced that Brandley is re sponsible for Fergeson’s death. He also said he is upset that a cir cle of Brandley supporters feel that his pursuit of the Brandley case is a personal vendetta. Brandley’s first trial ended in a hung jury. He was convicted of capi tal murder in a second trial by an all- whitejury. In 1987, retired State District Judge Perry Pickett recommended Brandley get a new trial because the previous two had been tainted with racism. Brandley’s attorneys have offered evidence that police and Montgom ery County prosecutors set out to prove that Brandley, the only black janitor at the school, was guilty rather than seeking the real killer. County officials have denied the al legations. I peal: ■real Mattox asks voters in letters: ‘Keep your checkbook handy’ cs turn ;diocre AUSTIN (AP) — Despite polls [hat show him lagging, Attorney Ceneraljim Mattox said Tuesday he [an win the Democratic nomination for governor without a runoff. In a fund-raising letter, Mattox old potential supporters to “keep our checkbook handy” because his ampaign research shows that with a elevision and mailout blitz he can Ivin March 13 against Texas Trea- liurer Ann Richards and former Cov. Mark White. 1 In the letter dated Monday, Mat- Sox said the decision to try for an Imtright primary victory is “a gam- |>le.” I “However, if the research is cor- irect and we manage to dominate, me'll save at least a million dollars in §he runoff,” he wrote. “So, we’re ping to pour the coals (your money) to this campaign train.” Campaign spokesman Kelly Fero te guy, laid the letter outlined a longstand- team ing strategy and accused the cam- I don’t Ipaign of Richards of leaking it to self, at Jnews reporters. before, | “He fully intends to win it March 3, and that’s been the strategy from ie very beginning,” Fero said.“ He’s ised the money and now he in- nds to spend it. “It (leaking the letter) is typical of eir ‘positive’ campaigning,” he id. Richards’ press secretary Monte illiams denied the charge. “We on'tcare what kind of mail he (Mat- px) sends out,” Williams said. I Mattox, Richards and the third ?ading Democratic candidate, for mer Gov. Mark White, all addressed be Texas AFL-CIO on Tuesday, actions oping to win support from orga- e said, ized labor. tions.” After talking to the convention, jMattox said, “The Ann Richards lampaign and the Mark White cam- ?nce at vening >ry be- ung to ■ortant or my- done," ractice :ct you proba- g you Bush Jr. endorses Rep. Perry for replace ag commissioner AUSTIN (AP) — Texas Rang ers owner and presidential son George W. Bush endorsed Re publican state Rep. Rick Perry for agriculture commissioner Tues day, saying the GOP must field a strong candidate to oust Demo crat Jim Hightower. The endorsement, in a letter to GOP leaders statewide, brought a quick scoff from Hightower’s campaign. Spokesman Andy Welch said, “I don’t know that George the Younger has any thing to do with agriculture ex cept that his baseball team plays on real grass.” Bush, of Dallas, said he was backing Perry because “it’s crit ical” that Hightower be defeated in November. “For eight years, Texans have been treated to the spectacle of Jim Hightower playing farmer,” he wrote. “Rick Perry is a working farmer and rancher, not a dime store cowboy like Hightower. The Texas agriculture commissioner should be someone from and for agriculture,” Bush added. Bush, who last year considered running as a Republican candi date for governor, said he be lieves Perry can help the GOP run strongly in rural counties, an area he said is pivotal for the par ty’s hopes. “He knows the problems of working people in agriculture and small town Texas,” Bush said. “It will be a big boost to our entire statewide ticket to have (U.S. Sen.) Phil Gramm at the top and Rick Perry as the anchor.” Responding, Welch noted that Hightower on Monday won the endorsement of the 8,000-mem ber Texas State Association of Firefighters and said of Bush’s letter, “I don’t think it matters a hill of beans. It’s not going to carry any weight with any Tex ans, the fact that some rich Re publican has endorsed a candi date for ag commissioner.” icipate m, he y. Bai- iations b pro- ie lie ve e’s an ’s pro efense phisti- stic of earns, st sea- 11 0 f Hi l m = * = -Iks Ian Antonio hootout leaves three wounded SAN ANTONIO (AP) — A San Antonio policeman and at least two other people were shot Tuesday in an exchange of gun fire, authorities said. The shootout happened about 12:30 p.m. near a bakery when two officers stopped a car after turning up outstanding police warrants through a computer check of the license plate num ber, police spokesman Sgt. Paul Buske said. Gunfire broke out as the two officers approached the car, he said. “As they walked up to the vehi cle the person in the right front quickly swerved around and fired,” Buske said. When that happened, he said, both officers began shooting. It was believed one officer emptied his service revolver and another* fired four shots, he said. Authorities identified the in jured officer as 27-year-old Raul Alonzo, who was taken to Medical Center Hospital and listed in sta ble condition, hospital spokesman Lynn Blanco said. The other offi cer was identified as Danny Ro bles. Buske said a single shot front a 9 mm semi-automatic weapon en tered Alonzo’s arm, traveled into his lower abdomen and exited through his buttocks. paign have just degenerated into the stop the Mattox momentum.” Texas AFL-CIO President Joe Gunn predicted the organization’s convention would end with a lot of twisted arms and no endorsement for the primary. “I did not see two-thirds in the governor’s race,” Gunn said after the candidates addressed some 500 delegates to the AFL-CIO Commit tee on Political Education meeting. 7/? fAe lurch’ A two-thirds majority is needed to win the political backing of the nearly 213,000-member union. Gunn urged candidates and union members to refrain from a bitter floor fight over the endorse ment. “As you twist arms for candi dates the next couple of days, twist gently,” Gunn said. Delegates are scheduled to vote Wednesday. Rep. gets sentence WASHINGTON (AP) — Texan Craig Washington, sworn into office Tuesday to fill the term of the late Rep. Mickey Leland, has been sen tenced to 30 days in jail by a judge who accused him of leaving his cli ents “in the lurch.” The contempt of court sentence, imposed Monday by State District Judge Jim Barr in Houston, marked the second time in two weeks a jail sentence has been ordered for Washington for not heeding notices to appear in court on behalf of cli ents. Hearings have been scheduled for Washington to appear to show cause why he should not be sent to jail. “I’ve done everything I know to get in touch with Craig, and he’s done everything he can to avoid me ... He had ample notice to be in the courtroom today. His client was there and he has been for 2'A years,” Barr said Monday, referring to the length of the case. Washington, a democrat who could not be reached for comment on the matter, received his oath of office Tuesday from House Speaker Thomas Foley, D-Wash. Washington wiped his eyes as the House gallery, packed with friends and supporters, cheered. “I can never replace Mickey Le land,” Washington said. “I’m merely his successor.” Leland, who was chairman of the House’s Select Committee on Hun- IRS Electronic Filing FAST REFUNDS Normal refunds take 6 to 8 weeks. With ELECTRONIC FILING it generally takes TWO WEEKS for DIRECT DEPOSIT to your bank and THREE WEEKS for a PAPER CHECK. BASELINE SERVICES, INC. Data Processing Electronic Transmission of Tax Returns Located in: Kinko’s Copy Center, 846-4370 509 University Dr. Come Play VOLLEYBALL Live Oak Nudist Resort Washington, TX (409) 878-2216 GENERAL MEETING THURSDAY, JANUARY 25th 7:30 p.m. ROOM 267 G. ROIXIE WHITE EVERYONE WELCOME! 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Marvin Leath, D-Texas. “I I’ve done everything I know to get in touch with Craig, and he’s done everything he can to avoid me ... He had ample notice to be in the courtroom today. His client was there and he has been for 2Vz years.” — Jim Barr, State District Judge A lawyer, Washington served 10 years in the Texas House and an other six in the state Senate. He has a reputation as a champion of liberal causes, including abortion rights, gay rights and AIDS health care and support for the poor. He defeated former Houston City Councilman Anthony Hall in the runoff election for Leland’s seat. Alpha Kappa Psi 5, Professional Business Fraternity MEET THE CHAPTER Jan. 24 Rudder 301 8:00 pm For More Info Contact David 846-7314 dh MSC VflRIETY SHOW Come Hove Your Night Under the Stars Rudition Applications may be picked up in the Student Programs Office Rm. 216T MSC fipplication Deadline: February 9,1990 Ruditions: February 21 & 22 NIGHT UNDER THE STARS