The Battalion. (College Station, Tex.) 1893-current, February 18, 1997, Image 5

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    Vitnesses testify about 1982 shooting
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Attorneys for for-
dape Guerra want
pital murder charges
ainst him dismissed.
Africa that stap
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HOUSTON (AP) — A woman tes-
d Monday she saw a Mexican
i kill a police officer after a traf-
|stop in 1982 but noted under
stioning that her mother had
n handcuffed by police during
investigation.
I see his face all the time,” Elvira
nandez, 30, said, identifying Ri-
o Aldape Guerra as the gunman,
is face does not get out of my head.”
J\sked by prosecutor Elsa Alcala
■y she identified Aldape Guerra as
| one who killed Officer James
ris, Hernandez replied, “Be-
sehe did.”
l\ttorneys for the former death-
row inmate contend police and pros
ecutors improperly arrested and won
a conviction and death sentence for
Adalpe Guerra, now 34, who was an
illegal immigrant when he was ar
rested for fatally shooting the officer.
Police and the district attorney’s
office denied the accusations, but a
federal judge in 1995 agreed and
ruled that Aldape Guerra either be
released or get a new trial.
Harris County prosecutors con
tend they did not get a fair hearing
before U.S. District Judge Kenneth
Hoyt and won a hearing that be
gan Monday before retired Texas
Court of Criminal Appeals Justice
Frank Maloney.
Attorneys for Aldape Guerra
want the capital murder charge
against him dismissed.
Hernandez was 16 in 1982 and
walking from her house to a store in
her neighborhood when Harris was
gunned down.
She testified Monday she did not
recall seeing police handcuff or
threaten any witnesses that night.
But attorneys for Aldape Guerra
showed a videotape of Hernandez
telling a police officer in an inter
view last August that her mother
was in handcuffs when she was at
the police station in 1982.
“If you don’t take the cuffs off her,
we’re all leaving,” she is heard say
ing on the tape as she recalled the
events of nearly 15 years ago.
“She was handcuffed, but I don’t
exactly remember where she got
handcuffed at,” Hernandez said
Monday. “She didn’t want to come
down (to the police station).”
Hernandez, who also testified in
the 1982 trial, denied she was influ
enced by neighbors or police to
identify Aldape Guerra and not his
companion, Roberto Carrasco Flo
res, as the shooter.
She said Aldape Guerra had asked
her if she had jumper cables after the
car that he was driving stalled. She
said she did not pay much attention
to Carrasco Flores, his passenger in
the car and the man Aldape Guerra
has insisted was the gunman.
Carrasco Flores died in a
shootout with other officers only
hours after Harris was shot.
Hernandez said she did not see a
gun in Aldape Guerra’s hand. But she
said she was right behind him when
Harris asked to see Aldape Guerra’s
driver’s license and was then shot.
Aldape Guerra, who came with
in three days of execution in 1992
before winning a reprieve, wore ear
phones to hear a Spanish transla
tion of the testimony.
His parents attended the hearing
as did representatives from the
Mexican consulate in Houston. Sev
eral supporters of Aldape Guerra
carried Signs outside the court
room, proclaiming his innocence.
Pamela Harris Rains, who re
married after her husband’s death,
and their two teen-age daughters
also were in the courtroom. Her
youngest daughter held her hand
during the testimony.
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Informational Meeting Tuesday, Feb. 18th 8:30 p.m. Rudder 502
ury finds 12-year-old guilty in child's death
S, Idaho i
Doggysty/e.wtiic AUSTIN (AP) —A 12-year-old girl convicted
nillion. the second time in the beating death of a tod-
r was sentenced Monday to up to 25 years in
te custody.
p veloakl 1 ^ Y ear ' ^ ie P reteen was convicted of injury to
^ > hild in the death of 2 1 /2-year-old Jayla Belton
an film rolfi i sentenced t up to 20 years in state custody.
The conviction and sentence were over-
ned. State District ludge John Dietz, who
ling a regular0;®sided over both trials, said he was concerned
type. e girl did not have adequate defense in the
y Entertainmefl ilginal proceeding.
^ has joined® After a second trial concluded last week, a
[ k Falls AreeMvis County jury on Monday again found the
berofCoTi 12-year-old guilty of injury to a child.
"The ® Her attorneys waived jury sentencing and
inTwinFailfi'eed 1° 25 years in state custody. She could
supporter Bve been locked up for 40 years,
business™The 12-year-old, who was 11 at the time of
he wants Mia's death, could be transferred from juvenile
the same custody to a state prison as early as age 16 or
ley Eefeould be released with approval from the judge,
ment sd “I believe in the jury system, and they have
woman V made that decision,” said BillWhite, the 12-year-
saturday in Tie T old’s attorney. “It’s just a real tough case.”
: alls, a city of 28, ! Attorneys from the Travis County district at-
r-old actotta torney’s office said the 12-year-old kicked and
argestconmr
per in the s
ist of Boise j
Twin Falls.
beat the toddler to death on May 24, 1996. They
said she was angry about being left to baby-sit
the girl, who was sick and throwing up the day
she died.
The 12-year-old lived with her grandparents,
who had adopted her and several other grandchil
dren. Jayla and several other children had been
dropped off at the home, where state officials said
“I believe in the jury system,
and they have made that
decision. It’s just a real
tough case.”
Bill White
12-year-old’s attorney
the family was operating an illegal day-care.
The family no longer cares for nonrelated
children and has regained custody of other
grandchildren removed from the home after
Jayla’s death.
The 12-year-old’s defense attorneys argued
■ . . -l .ji-w av&iq ofiw ■ .o b*o-iG'j
that the toddler was injured before being left at
their client’s home. They presented testimony
that the toddler had been abused and neglected.
Prosecutors said the girl died within min
utes of suffering a ruptured liver and could not
have survived the injury for as long as the de
fense claimed.
The 12-year-old’s family declined comment
after the conviction and sentence. Her grand
mother said only, “I’ll just let the Lord take
care of it.”
Members of the black community in Austin
protested the 12-year-old’s first conviction. They
said she did notget a fair trial and was mistreat
ed by the media that reported her name and cir
culated her picture.
Stephanie Emmons, head of juvenile pros
ecution for the district attorney’s office, point
ed out that despite the protests, two juries
found the 12-year-old clearly responsible for
the toddler’s death.
She called 25 years a fair sentence that
would stand up on appeal. “We tried a clean
case,” she said.
White said he could raise a number of issues
on appeal. “This thing is only beginning in that
sense,” he said.
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Texas A8M College of Veterinary Medicine
Student Chapter of the AVMA
and the
Texas ASM Pre-Vet Society
are sponsoring a
MOCK ORE
Saturday, February 22nd
Vet School Room 201 VMS
10:00 a.m. - 1:30 p.m.
Tickets available in the
Vet School Dean's Office
FOURTH ANNUAL
FILM
Wednesday, February 19 - Sunday, February 23
TICKET INFORMATION
Accreditation Pass
$35.00
provides access all screenings,
special receptions,
<& press/hospitality room
Festival Pass
$25.00
provides access into all screenings
Individual Tickets
$ 3.00
Tickets can be purchased at the MSC Box Office
(409) 845-1234
Visa / Master Card /Aggie Bucks Accepted
For more info, please contact the MSC Film Society at (409) 845-1515
http://rilms.tamu.edu
Persons with disabilities please call 845-1515 to inform us of
your special needs. We request notification three(3) working
days prior to the event to enable us to assist you to the best of
our ability.
WEDNESDAY. FEBRUARY 19
10:00 am Video Screening Room (FREE Entrance)
Rudder, Room 301
- Grinders (85 min)
- Waco: The Rules of the Engagement (135 min)
- Painflower (88 min)
- Le be ns born (98 min)
- Peoria Babylon (90 min)
7:30 pm Night of Shorts I:
- Mailman
- The Paraclete
- Women Without Implants
- Animosity
- Bigger Fish
THURSDAY. FEBRUARY 20
10:00 am Video Screening Room (FREE Entrance)
Rudder, Room 301
- RedboyI3 (94 min)
- Coming Through Hard Times (60 min)
- The Dig (104 min)
- Amateur Hour (83 min)
7:00 pm The Closest Thing to Heaven*
The Sensible Thing (short Film)
9:30 pm Day at the Beach*
Him! (short film)
* Indicates that director will be present for Q/A session after screening
FRIDAY. FEBRUARY 21
7:00 pm Night of Shorts II:
- Clinic E
- The Lone Star Letters
- Generation of Lies
- Alive & Kicking
- The Pepper Pot
9:30 pm Retroactive - Texas Premiere
SATURDAY. FEBRUARY 22
12:00 pm Video Screening Room (FREE Entrance)
Rudder, Room 301
- 7:1/ (8 min)
- D)la (12 min)
- MovieCool (4 min)
- Jesus of Judson (20 min)
- The Usher (2 min)
- Solitaire (7 min)
- Cattle Mutilation Cowgirl (2 min)
- Burning Bridges (29 min)
- Writer's Block (25 min)
- Taken! (31 min)
- Run a Mile in My Shoes (6 min)
- My Perfect Journey (24 min)
- Bigfoot Stole My Wife (12 min)
- Just for the Ride (53 min)
4:00 pm Crispy, Crackers, & Beans*
Dream, Dream, Dream (short film)
7:00 pm The Devil Takes a Holiday*
The Lizxird Whomper (short film)
9:30 pm Milk <& Money*
midnight D)ne Star-
Genre (short film)
SUNDAY. FEBRUARY 23
2:00 pm Lone Star
Genre (short film)
A presentation of the MSC Film Society of Texas A&M • http://films.tamu.edu/Festival.html