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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (April 28, 1995)
BeAvare tire dnUdren Page 10 • The Battalion Friday • April 28,19}; STATE Execution date set for man who raped, abducted, murdered Lubbock woman iSiiiyk: p? 1 ( , II . F r-' % W.T . 1? □ State attorneys ar gued that the execu tion would be cruel and unusual punish ment because of the 1 7 year delay. HUNTSVILLE (AP) — For mer Lubbock District Attorney Alton Griffin believes some peo ple forfeit their right to life and Clarence Lackey is one of them. “There are depraved individu als and I think he is a depraved individual,” said Griffin, who first sent Lackey to the Texas death row more than 17 years ago. “I don’t see any socially re deeming feature in him that gives him a right to live.” Lackey, 40, was set for execu tion early Friday for the 1977 ab duction, rape, beating and near decapitation of 23-year-old Toni Diane Kumpf in Lubbock. A state appeals court described the ap parently random fatal attack as “senseless, savage and cruel.” Lackey won a stay last Friday from U.S. District Judge Royal Furgeson in Midland after attor neys argued that because of his 17-year stint on death row, exe cuting him now would amount to cruel and unusual punish ment. State attorneys appealed and the reprieve was lifted late Wednesday by the 5th U.S. Cir cuit Court of Appeals in New Orleans. Defense attorneys asked for a rehearing. Denial of the request likely would send the case to the U.S. Supreme Court. The argument about lengthy death row imprisonment has won some sympathy from Supreme Court Justice Paul Stevens, who last month wrote the subject was important and novel and deserved high court attention but only after it had been addressed by lower courts. Lackey’s attorneys said as a result of his lengthy deathm imprisonment, the ninth-grai dropout suffered mental stres and was physically ill because!* worried so much about dying. In 1982, the Texas Court Criminal Appeals threw outki; conviction, ruling a jurorii properly was dismissed at I trial, which had been moved! San Angelo because of publiciti about the case in Lubbock. He was tried a second time Midland in 1983 and again re ceived a death sentence. Lackey had previous convic tions, including burglary ant burglary with intent to comm: rape. He had been out of prist less than six months whentk Kumpf slaying occurred. Kumpf was abducted frot her Lubbock apartment short!; before dawn on July 31, 19771jj a man who kicked in her door Later that day, her severe!; beaten body was found in a ton field near Lackey’s home She had been raped and he throat slashed. OxyChem leak over Robstown goes to trial JOHN CARPENTER'S VlUAGE OF THE DAMNED □ The attorney for the plaintiffs claims that the plant failed to repair a faulty electrical system. UNIVERSAL PICTURES PRESENTS AN ALPHAVILLE PRODUCTION JOHN CARPENTER’S "VILLAGE OF THE DAMNED" CHRISTOPHER REEVE KIRSTIE ALLEY LINDA KOZLOWSKI MICHAEL PARE “JOHN CARPENTERS DAVE DAVIES — DAVID CHACKLER ™ EDWARD A. WARSCHILKA B RODGER MAUS fflGARYRKIBBE “JAMES JACKS SEAN DANIEL SITED VERNON SHEP GORDON ANDREBLAY DAVID HIMMELSTEIN aiStnuSSofes! ^ “ MICHAEL PREGER SANDY KING “JOHN CARPENTER SKB A UNIVERSAL PICTURE UN,v ' 1995 UNIVERSAL CITY STUDIOS INC Opens April 28th at a theatre near yon CORPUS CHRISTI (AP) — It’s a toxic tort so big that it can’t be tried in a normal courtroom. On one side is a team of lawyers portraying Occidental Chemical Corp. as negligent for allowing a chemical leak that drifted over Robstown in 1992. On the other side, a team of lawyers attack the plaintiffs as greedy people suffering from no medical ailments but from “the lottery syndrome.” Lawyers made opening state ments Wednesday in a trial like ly to last six to eight weeks. The case involves more than two tons of butadiene that leaked from an OxyChem plant and drifted over Robstown, four miles away, on Oct. 23, 1992. A company employee erred by not shutting down the plant when an electrical failure oc curred, OxyChem lawyer Tony 'What else can we say? He goofed/' Canales, OxyChem lawyer Canales said. “What else can we say? He goofed,” he said. Plaintiffs’ attorney Michael Terry said the case is not one of an accident. The plaintiffs claim the Oxy Chem plant released other dan gerous chemicals on Robstor. besides butadiene — a mild! hazardous chemical used! make tires and other artificii rubber goods. Terry claims OxyChem cials were aware of a faulty up. derground electrical system early 1986, bin they neglect ed to replace Tony Canales, ,t ' A suptrt sor told the control rooP; to shut the plant ddwn when the eledrica system failed, Terry said. Instead, a control roomet ployee diverted the butadienetc a flare that he wasn’t aware gone out, resulting in there lease of more than 4,652 pout# of the gas, Terry-said. Frida Te> Tony red pie Award Assoc presen of Del Christi. Trr award respon in ou acade can acadet people trying t The year to organ contri activity Cas Did LUE has di Texas coach discrirr The Phil V\ player black. 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