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
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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.
The former governor said he
was certain that Hardesty was
dismissed because of political
considerations.
"That's the only conclusion
that could be drawn," White
said.
th
in
to he
time
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