The Battalion. (College Station, Tex.) 1893-current, April 06, 1990, Image 4

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Last year, the incumbent made $39,000 as your County
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Gloria Quintero, Treasurer, Bryan, Texas
Page 4
The Battalion
Friday, April 6, IS -
Friday, /
Court agrees
to reconsider
reversed ruling
HOUSTON (AP) — At the re
quest of Harris County prosecu
tors, the Texas Court of Criminal
Appeals has agreed to reconsider
its reversal of a death sentence
for a man convicted in the 1979
murder for hire of an infant.
The Austin-based appellate
court in January overturned the
capital murder conviction of Al
len Wayne Janecka, ruling that
there was an error in his indict
ment.
Janecka was convicted in 1981
of murdering 14-month-old Ke
vin Wanstrath, and according to
testimony also killed the child’s
parents.
Defense attorneys had argued
that the exclusion in the indict
ment of the name of the person
who financed the slayings ham
pered the defense.
The appellate court ruled in
1987 that the error did not ham
per Janecka’s defense, but one
year later it offered the defense a
chance to prove its harm. After a
hearing was held, the court
agreed that the defense was ham
pered.
Defense attorney Ken Sparks
said if the court affirms its posi
tion, Janecka’s case probably will
be retried. If not, his client will
remain on death row.
Groups claim utilities compan}
overcharged for nuclear plant
AUSTIN (AP) — Texas Utilities Electric Co. has
overcharged its customers — one-third of all Texans —
by at least $1 billion to pay for the Comanche Peak nu
clear plant, representatives of a coalition of citizen
groups and electric cooperatives charged Thursday.
The groups likened the nuclear plant, which is 10
years behind schedule and more than $8 billion over its
original cost, to an “electric Edsel” and a “nuclear dino
saur.”
The plant is located in Glen Rose, 45 miles southwest
of Fort Worth.
“TU Electric has collected hundreds of millions of
dollars under false pretenses to help pay for a horren
dously expensive, uneconomical generating plant,” said
Steve Collier, director of power supply for Cap Rock
Electric Cooperative in Stanton.
“We are saying not one more penny for Comanche
Peak,” said Shelley Stults, program assistant for the citi
zens’ organization Texans United.
David Fiorelli, senior engineer with TU, denied that
the company has overcharged.
“Cap Rock has simply manipulated numbers, and the
results that they have produced are meaningless,” he
said.
Representatives of the consumer groups said TU
wrongfully has charged its customers more than $ 1 bil
lion for construction of the plant since 1986. The
charges were approved by the Texas Public Utility
Commission in 1984, when the plant’s completion was
scheduled for 1986.
“This amounts to an inappropriate, if not illegal,
form of passing onto the ratepayer construction work
in progress costs,” said Lon Burnham, Fort Worth di
rector of the consumer group Texas Citizen Action. “If
the PUC functioned as it should, this $1 billion over
charge would have been challenged in 1986.”
Fiorelli said the company has fulfilled its pledge not
to recover investment costs for Comanche Peak until
the plant is in operation.
He said the $270 million the company has
along each year in interest costs associated with build
the plant is appropriate and was approved by theP|
TU will defend that practice during the rate hear
this summer, he said.
“The actual cost of building the plant we willnoi
allowed to recover until it goes in service,” Fiorellisai
The consumer groups based their charges onasii
of TU’s electric rates commissioned by CapRodfl
trie, which is a party in TU’s rate case that will beht]
by the PUC this summer.
The Oklahoma consulting firm C.H. Guernsey4(
concluded that in 1989, TU made nearly $350 rail
profit in excess of what the PUC determined to
in 1984.
Fiorelli said electric rates actually have dropped)
kilowatt hour by 10 percent since 1984, while tnei
per hour have risen 15.5 percent.
“While revenues have gone up, expenses haves
up,” he said. “The bottom line is, profit is less.”,
The groups said they will use the results to fight
quest for a 10 percent rate hike already filed by TU
another 10 percent increase in 1992.
The two increases are scheduled in conjunctiont;
the start up of the nuclear plant’s two reactors,
summer and the other in 1992, Fiorelli said.
He said the company has deteriorated fmancii
since 1984, partly because of Comanche Peak's
overruns.
>l)t:
Nevertheless, he said the company is confident
nuclear plant will prove worth the trouble alsome^
during the 40 years it is licensed to operate becaust
offers a chance to diversify fuel sources.
“We’re confident that some time in the futurethei
vantages of a low-cost nuclear fuel will make Goman
Peak an attractive source of energy for us,” he said,
Dallas police lost evidence during shuffle
Officials ask Clements for pardon
DALLAS (AP) — A statement clearing a man
who has been in prison 10 years for a robbery he
apparently didn’t commit was lost when Dallas
police transferred the case to a suburb, trial offi
cials say.
The district attorney, sheriff and state district
judge who handled the case are asking Gov. Bill
Clements to pardon Stephen Lynn Russell for a
1979 restaurant robbery to which another man,
Robert Wilkey, confessed in 1985.
Russell is serving a 50-year sentence at a state
prison in Rosharon for the holdup.
Mary Newton, one of two women in the get
away car from the robbery, told police the day af
ter that Russell wasn’t there and Wilkey was the
robber.
However, Newton’s statement was not passed
along to Garland police when Dallas investigators
transferred the case, according to a letter from
District Attorney John Vance, Sheriff Jim Bowfes
and State District Judge Mark Tolle to the State
Board of Pardons and Paroles in Austin, seeking
a pardon for Russell.
The man who took the statement clearing Rus
sell insisted he told Garland police everything he
knew about the case, including the fact that Wil
key was the prime suspect, the Dallas Morning
News reported Thursday,
lidn’t
“I didn’t lose the information,” said Sgt. Har
old Rice, now a Dallas County bailiff. “It didn’t
get lost in the shuffle. I gave it to Garland (po
lice). What they did with it, I don’t know.”
The Garland detective who built the case
against Russell could not be reached for com
ment. Officials said he left the department in
1984.
Prison authorities refused to allow reporters to
talk to Russell by telephone, but his attorney said
he was very happy about the pardon request and
credited Vance for pursuing it.
According to court records, the restaurant was
robbed by a tall, brown-haired man who pointed
a gun at restaurant manager Chris Reeves and
ordered him to empty the cash register. The rob
ber fled with about $400.
Acting on a tip, police arrested Wilkey, New
ton and*a third person the next day.
Newton told Sgt. Rice that Wilkey robbed the
restaurant, but Wilkey implicated an acquaint
ance who bore a striking resemblance to him —
Russell, a tall man with blond hair.
The case was immediately transferred when
police discovered the restaurant was in Garland.
Russell was arrested three months later when
he surrendered on a warrant for a prioroffensi
Restaurant employees picked Russell’spicn
out of photo lineups.
The restaurant manager, who now lives
North Carolina, told the Dallas MorningNe
three months ago that Garland police pressui
him into identifying Russell in a lineup.
Russell’s sentence w'as particularly still becai
he had two prior convictions.
The two women who could have clearedK:
sell were unavailable to testify at his trial.One
them said recently she did not come forward!
cause she feared she would be prosecuted
“If a man would not have been prosecutedr
a jury would not have convicted him had al
facts been known, he should not have theco
tion attached to his record,” Vance said Wa
day, when the pardon request was sent.
This is the fourth pardon request Vance
submitted in four months. The Dallas Cons
district attorney’s office in the past five yearn
has dismissed charges against three other pee
— Lenell Geter, Randall Dale Adams and Jo
Ann Brown — who were wrongly convicted.
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