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Saturday, September 27
2:35 at Texas Stadium
(Aggie Band and Corps Trip)
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Wednesday • September 10,19
Lfednes
Court date set for senator
Carthage Republican faces weapon and prostitution charges
AUSTIN (AP) — State Sen. Drew Nixon will
stand trial next week on misdemeanor charges
of prostitution and illegally carrying a weapon, a
Travis County judge decided Tuesday.
Selection of the six-person jury that will hear the
case against the Carthage Republican will begin
Monday, County Court at Law Judge David Puryear
decided at a hearing Nixon did not attend.
Austin police arrested the lawmaker in front
of a church during a Feb. 18 sting in which un
dercover female officers posed as prostitutes.
Court records show Nixon offered the officer $35
for oral sex.
The senator has apologized for his arrest and
has admitted talking to the female officer, but has
declined to comment on their conversation.
Nixon’s attorney, Dain Whitworth, would not
comment on his client’s defense, but said the tri
al could take up to 2 1/2 days to complete.
The illegal weapon charge stems from a
loaded pistol found under Nixon’s car seat at
the time of the arrest. He did not have a permit
to carry it.
If convicted, Nixon faces up to six months in jail
on the prostitution char ge and up to a year on the
illegal weapon charge. However, he would not be
forced from office. His current term ends in 2000.
On Monday, Travis County Attorney Ken
Police look
for clues to
body finds
SAN ANTONIO (AP) — After an
alyzing bone fragments dug up from
a San Antonio couple’s back yard,
police will begin examining other
artifacts unearthed in the search for
bodies at the home.
Police have gathered more than
140 items in the search of Leonard
and Monika Rizzo’s back yard. Re
mains of the 44-year-old mother,
last seen alive in May, were found
there along with the scattered bones
— dozens in l-to-2-inch fragments
— of three other unidentified peo
ple. No arrests have been made.
Rizzo’s parents, Bill and Monika
McKinney, scheduled a memorial
service Tuesday night at Holy Name
Catholic Church.
Rizzo and his two adult sons say
they will not attend and are plan
ning a separate ceremony.
According to a document filed
with state District Judge Raymond
Angelini, police searching the cou
ple’s home looked for anything
that could be used to “inflict death
or serious bodily injury” or to cut
or saw bones.
They collected a bench grinder,
four knives, a garbage disposal and
a pair of pruning shears.
Police also took six T-shirts from
the Bandido motorcycle gang, a
backyard barbecue pit where finger
like bones were found, and assorted
knives and gardening tools.
aat v
able
Oden said there will be no plea bargain.
“I don’t think the politics and the enforc
ment should get mixed up,” is quoted assaji
in Tuesday editions of the Austin Amelia
Statesman.
Bill Miller, a spokesperson for Nixon, saidj
senator had not sought a plea bargain. Itball. Com
“It’s always been straight ahead. We’rego; S e an infant
to trial,” Miller said. ea dy challe
In 1993, Nixon pleaded no contest in Dai m ics. For o
County to a weapons charge after he was ant: helming exi:
ed with three women in his car who police calt I Texas A&M
known prostitutes. Nixon did not face a pro | overcome tl
tution charge in that case. : lAfterrushi
Convicted murderer
faces lethal injection
HUNTSVILLE, Texas (AP) —
Condemned killer James Carl Lee
Davis was set to die Tuesday
evening for fatally beating a 15-
year-old Austin girl in a vicious at
tack that also claimed the lives of
her two small brothers.
Davis, 34, lived next door to the
victims and once told a police of
ficer to refer to him as “Mr. Mean.”
He would be the 26th inmate to re
ceive lethal injection in Texas this
year, extending a record for execu
tions in a single year.
The unemployed roofer was
sentenced to die for the March 3,
1984 rape-slaying of Yvette John
son, 15, at her home. The girl,
along with brothers Tyran, 6, and
Tony, 4, were battered with a lead
pipe. A cousin and another broth
er at the house that night identi
fied him as the attacker. The vic
tims’ mother was out visiting a
friend at the time of the attack.
“This is my fate,” he said last
week in a death row interview. “I
don’t feel sorry for myself. I don’t
expect nobody to feel sorry. I
don’t expect any sympathy.
“I think any death matters, but
I don’t feel sorry for the surviving
people because they had to lie to
get a conviction.”
Asked what he had learned af
ter a dozen years on death row, he
replied: “I’ve learned to hate a lot
more efficiently.”
“1 think he says things to shock,
does things to achieve an effect on
people,” said Brenda Kennedy, who
prosecuted Davis and is now a
Travis County Court-at-Law judge.
“It’s very calculating on his part.”
Ms. Kennedy recalled how
Davis during his trial made inap
propriate and obscene gestures to
both her and the jury.
“I don’t know if it’s just a bad
case of antisocial sociopathic be
havior,” she said. “I don’t have any
doubt if placed back into society
he’d be a continuing threat.”
Asked if he would kill again, she
answered: “No doubt in my mind
whatsoever.”
The victims’ cousin, Angela Va-
nardo, who was 14 at the time, said
she was awakened in the middle of
the night when Davis grabbed her
and began beating her with the
pipe. Her screams awoke her
cousin Yvette, who then cried out.
Angela was released as the intrud
er moved on to Yvette. Angela said
she tied to a neighbor’s home to
call police.
Timothy Johnson, then 13, told
authorities he was awakened by
the screams of his sister and saw
Davis appearing to be having sex
with the girl, court documents say.
Davis, who was arrested
minutes later, said he was at home |
the night of the murders andl
week denied any involvement.
Prosecutors, however, linked!
clothing hidden behind Davis’resJ
idence to him and Yvette Johnson I
Semen samples taken fromtkjj
victim also were tied to Davis.Ai
the pipe, which he found forau
thorities, was shown to have beenf
used to beat and sodomize
At the time, in 1984, it wasthe]
worst single killing spree in Austin!
since the infamous University of
Texas Tower sniping siege by Chak
Whitman, whose rampage nearly l
years earlier claimed 16 lives.
Travis County authorities sale
Yvette died after 17 blows tohei
head with the 2-foot section of lead
pipe. Her brother, Tyran, was truck
eight times with the same pipe.I
Brother Tony had been hit six times. |
Timothy Johnson told police!
Davis rubbed the pipe against his j
foot to see if he was awake, but he
pretended to be asleep and hid un
der a blanket to avoid any attack.
Davis had no previous criminal
record. He had been expelled froiTL
the ninth grade after he was ac-f
cased of pulling a knife on a teacher, jj
In unsuccessful appeals, attorneys
said Davis had mental probleir |
because of an abusive childhood
NO
\
Court overturns lawsuit against UTS)
SAN ANTONIO (AP) — A federal appeals
court has ruled that a University ofTexas-San An
tonio faculty member was not the victim of sex
ual discrimination when the school denied her a
promotion to full professor.
The decision by the 5th Circuit Court of Ap
peals in New Orleans reverses a lower court rul
ing in favor of professor Betty Travis.
The 5th Circuit determined there wasn’t
enough evidence of bias in the case against UTSA.
At the heart of the case is the changing nature
of San Antonio’s only public four-year university.
For years, UTSA primarily was a teaching institu
tion, but officials have recently stressed research.
UTSA President Samuel Kirkpatrick now re
quires faculty members to distinguish them
selves through scholarship, an area where Travis
was found to be “marginally adequate,” accord
ing to Monday’s ruling.
That and not sexual discrimination was the
basis for the school’s 1994 refusal to promote
Travis to full professor, the court said.
“We can find no more than a sliver of a sug
gestion that sex had anything to do with this em
ployment dispute,” the court wrote.
Travis sued after Kirkpatrick refused her pro
motion. The case came to trial in 1996 and, fol
lowing a week of testimony, a federal court juiy
sided with Travis.
The university was ordered to make the
“We can find no more than a sliver of
a suggestion that sex had anything to
do with this employment dispute.”
5TH CIRCUIT COURT OF APPEALS
woman, who was awarded tenure in 1985, a full
professor and pay $70,000 in back pay and
damages. That order also was reversed byils
5th Circuit.
“We are pleased that the court found we did ft
discriminate on the basis of sex,” Kirkpatricksai
“This has always been a case about the stand®
one needs to merit promotion to full professoi
Travis did not immediately return a telephft;
message left by The Associated Press on Tuesd:
Both years she applied for hill professor inti; r
school’s math department, Ms. Travis wasret
ommended by a committee of Division ofMatk
ematics and Statistics faculty, a committeet
College of Sciences faculty and the college dear
But Kirkpatrick and another final reviewerfei
her scholarship and the number of articlesstn
had published were too thin.
The 5th Circuit also validated Kirkpatricb
record of promoting female faculty members
Since 1990, when he came to UTSA, 12of2!
male applicants and seven of 13 female appi
cants have been promoted from associatet
full professor.
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