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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (July 2, 1991)
Page 8 The Battalion Tuesday, July 2,1991 Court uses stillborn to convict HOUSTON (AP) — The mother of a stillborn baby whose liver was filled with enough co caine to kill some adults was sen tenced Monday to 12 years in prison in a precedent-setting co caine possession case. Traci Jackson, 20, also pleaded guilty to a theft charge and to a charge of violating her probation in committing an earlier theft. State District Judge Woody Densen sentenced Jackson to two 10-year sentences for those two charges. The three sentences will be served concurrently. Jackson was convicted by a jury Friday after a four-day trial. Testimony showed she spent July 9, 1989, in a Houston crack cocaine house where she han dled a dish of cocaine before going into a bathroom, appar ently to deliver her baby. Another woman testified she later found the 3V2-pound, stil lborn fetus wrapped in a plastic bag in a remote bedroom. A DNA expert testifying for the prosecution identified the fetus as belonging to Jackson. Autopsy results indicated the child, bom two months prema ture, had enough cocaine in its liver to kill some adults. Jackson's attorney, Alex Bunin, said he will appeal the conviction on the grounds of un constitutional sex discrimina tion. mother "I don't think it should stand, but that's for the appellate court to decide," said Bunin, who took the case on a voluntary basis on behalf of the American Civil Lib erties Union. Assistant district attorney Ca sey O'Brien disagreed. "It (the conviction) doesn't at all discriminate against men," O'Brien said. "The offense is one that anyone can commit. The only aspect of this case that is different from a standard case is the evidence necessary to prove the offense is particular to wo men." Although Jackson could have been sentenced up to 20 years, O'Brien recommended the lighter term to Densen. "I think that the maximum may have been perceived as harsh," said O'Brien, who added that he did not expect her to be imprisoned for more than a year. "We did not have any evi dence to indicate that she did in tentionally malicious acts to kill that baby, yet she broke the law," he said. "Her sentence was more commensurate with what somebody else with more conventional evidence would have received." Attorneys said the case marked the first time a woman has been tried for possession of cocaine based on evidence which showed the presence of the drug in the woman's child. SONDRA ROBBINS/The Battalion A view from the top Tony Perez and Paul Janish, two meteorology students, study Monday vatory. The entire Texas A&M campus can be seen from the observatory, morning in the Eller Oceanography and Meteorology Building obser- which is above the 12th floor of the 0&M Building. Ousted SWT president takes $1.1 million settlement i A. The forTt comes achiet povii (jnive Dr. sorof about has re portfi / Vi CO AUSTIN (AP) — Robert L. Hardesty, a one-time aide to President Lyndon Johnson and close friend of former Gov. Mark White, is to receive a $1.1 million settlement over his firing as Southwest Texas State Univer sity President, state officials said Monday. Hardesty, named SWT presi dent in 1981, in April won a law suit against Texas State Univer sity System regents after idir contending that his 1988 ouster from the San Marcos school was politically motivated. Gray McBride, a spokesman for Attorney General Dan Mo rales, said all parties in the case had agreed to the settlement. In addition to the money, the agreement calls for Hardesty to receive the title of university gn McBride said Hardesty cannot represent the school under that title without the regents' permis sion. With the settlement, all legal action is dismissed and all par ties are released from further lia bility, McBride said. those votes were cast by appoin tees of then-Gov. Bill Clements, a Republican. The other two re gents were up for reappoint ment. The firing sparked protests on campus and questions from state legislators. president emeritus, although sity system regents Hardesty, a Democrat, was fired on a 5-4 vote of the univer- Three of Hardesty's lawyers contended that Clements wanted Hardesty removed and claimed the two Democratic appointees joined in voting to fire Hardesty to help their reappointment cause. The regents actually voted twice to fire Hardesty, on May 19 and again on June 13, 1988. The first firing was overturned by a judge who ruled that the regents had violated the state Open Meetings Act by not placing the action on their agenda. White was among those testi fying at the trial before state Dis trict Judge Joe Dibrell of Austin this spring. 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