1990
Wednesday, January 24,1990
The Battalion
Page 9
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Death row inmate freed;
D.A. Speers plans appeal
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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
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or my-
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ractice
:ct you
proba-
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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.”
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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-
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!!NEW DEADLINE!!
February 9, 1990
is the new deadline for
POETRY, PROSE, and GRAPHICS
submissions to the 1990
LITMUS
a student literary journal
Guidelines available in MSC Student Programs Office
MSC Literary Arts
j
ger and an activist in helping solve
Africa’s famine problems, died last
year in a plane crash during a trip to
Ethiopia.
Washington introduced three of
his five children to the House and
received a hug in front of his new
colleagues from Rep. 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
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Ruditions: February 21 & 22
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