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

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    Himber 18,19; 'j lurs( j a y . September 18, 1997
S The Battalion
i TATE
ixon jury
ecommends
ail time, fine
AUSTIN (AP) — State Sen.
irew Nixon should serve six
onths in jail and an undeter-
nined probation for illegally car-
ying a gun and soliciting an un-
lercover police officer who posed
is a prostitute, a Travis County
ury recommended Wednesday.
The five-woman, one-man
Miry deliberated about 21/2 hours
neis to a skate pad |e f ore recom mending Nixon’s
iimishment. County Court at Caw
though the boysfe uc jg e David Puryear will formally
ill not be spinninj en tence the second-term law-
turntables thism aaker on Oct. 1.
RYAN LOCKER/The B.
es techno tunesf®
e Station raves.
l!” rave Sept. 20.
ce promotional
ises everything
n start shopping
iters said theyexps
biggest turnout of,
■vent this semestet
"We were as fair as possible
id shiny clothing: nd treated him like any other
turd ay,
smber 20
itizen,” juror Paige Nadel said.
Nixon pleaded guilty to the
wo misdemeanor charges Mon-
lay, asking for the jury to recom-
nend his sentence. He had faced
p to one year in jail on the gun
:harge and six months on the
rostitution charge.
The jury recommended jail
e for the gun conviction and
robation for the prostitution
H harge. The panel also recom-
lended a total of $6,000 in fines,
e maximum possible.
Nixon, 37, showed little reac-
on to the sentence.
“His mom is a wreck and his
/ife is a wreck. His focus is on
etting them back to where they
re staying,” said Bill Miller,
lixon’s spokesman.
The senator did not com-
jun-zydeco musicic
I Floor Cantina at!
an improvisationa:
:k band from
s playing at Cow
tent. He spent several minutes
aiming his sobbing wife before
aving the courtroom.
No decision has been made
igarding Nixon’s political future,
liller said.
The legislative library could
n Bryan-College SS: nd no reference to another law-
xie Theatre at 9:3C; laker being sentenced to jail
hile actively serving in the Leg-
lature. Others have gotten pro-
ation while in office, and sever-
were sentenced to various
t;rms after leaving office, librar-
pop rock musician ian Nancy Hayes said,
aying at Sweet Eugef
at 9:30 p.m.
rdson. a country r
l at Chelsea Street
D.m.
r, a folk musician j
'sity, is playing witr I
sicianfrom DentorT
S Community Rac:
Ale House at 9:30;
I*.
-J w
ncouraged to visit our W
ser Fair (Sept. 16-lil
ir (Sept. 22). IfunobP
ease forward a resume (r
cs, underlining and unusn 1
to:
Company
i Recruiting
uston, IX 77225
>6
hellus.com
Web at:
obs
access us at:
Border Patrol unveils mobile units
BROWNSVILLE, Texas (AP) —
For decades, the Monsees family
has shared its back yard with drug
smugglers and illegal immigrants,
and contended with threats, rob
beries and narcotics being stashed
on its ranch along the Rio Grande.
Just when it seemed things
couldn’t get worse, Operation Rio
Grande came along and pushed
even more aliens and smugglers
onto the property as they sought to
dodge a blockade of agents sta
tioned 10 miles upriver.
On Wednesday, the Border Patrol
acted to address illegal immigration
shifts caused by Operation Rio
Grande, unveiling two mobile pro
cessing buses to be sent to trouble
spots such as the Monsees ranch.
"What we’re simply doing is ad
dressing the public’s concerns,”
said Joe Garza, chief of the McAllen
Border Patrol sector, which runs
from Brownsville west to Roma.
"We feel this area is facing a large
number of illegal aliens, and we
want to address the problems im
mediately.”
Rusty Monsees, who lives on the
30-acre ranch with his wife, chil
dren and 85-year-old mother, called
the processing bus “a valid idea,”
but he would reserve judgment un
til he sees it in action.
The buses were dispatched to
Brownsville from an Immigration
“We feel this area is facing
a large number of illegal
alians, and we want to ad'
dress the problems imme^
diately.”
JOE GARZA
CHIEF, MCCALLEN
BORDER PATROL SECTOR
and Naturalization Service office
in Chicago. They are 33-feet long,
about the size of a commercial
bus, and can hold up to 30 illegal
immigrants in three caged-off
sections.
One bus has been stationed
about 200 yards from the Monsees
property, near an elementary
school that has reported problems
with illegal immigrants cutting
across the playground.
Between five and 15 agents will
man the bus 12 hours a day, said
Brownsville Border Patrol Chief
Ernesto Castillo.
“What concerns us the most is
the school area, where aliens are
crossing over the fence and running
through the schoolyard to catch
buses,” Castillo said.
The second processing bus is lo
cated at a temporary Border Patrol
checkpoint on Texas 4 between
Brownsville and Boca Chica Beach.
The beach, which stretches seven
miles from the mouth of the Rio
Grande to South Padre Island, is a
known hot spot for drug smugglers
and illegal immigrants.
The buses allow agents to
process illegal immigrants while re
maining in the field, Castillo said.
Normally, agents have to bring the
immigrants to the Brownsville sta
tion for processing before they can
return to the field.
Now, agents are able to process
aliens on the buses using laptop com
puters and immediately return them
to Mexico or an INS detention center.
Operation Rio Grande began
Aug. 25 with more agents being dis
patched to downtown Brownsville
and a 2 1/2-mile section of river di
rectly south of downtown.
MSC ABBOTT FAMILY
LEADERSHIP CONFERENCE
FRANK & JOANNIE ABBOTT, THE 1987-88
AGGIE PARENTS OF THE YEAR, JOIN US IN
WELCOMING YOU TO THE ABBOTT FAMILY
LEADERSHIP CONFERENCE. THIS
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☆
APPLICATIONS OLE
SEPTEMBER 19, 1997
FOR MORE INFORMATION CONTACT:
THE STUDENT PROGRAMS OFFICE
AT 845-1515
☆
Court OKs new trial for Jack Davis
AUSTIN (AP) — In a case turning on constitutional
limits on repeated prosecution for the same offense,
the Texas Court of Criminal Appeals Wednesday gave
the go-ahead for a new trial in a capital murder case
from New Braunfels.
Jack Warren Davis, who has maintained his inno
cence, originally was sentenced to life in prison in the
November 1989 strangulation death of New Braunfels
schoolteacher Kathie Balonis.
The indictment said her murder occurred during an
aggravated sexual assault or burglary with intent to
commit such an assault.
The 3rd Court of Appeals reversed Davis’ conviction
in 1992, saying actions by the then-district attorney de
nied Davis a fair trial. It sent the case back for a new trial.
But Davis argued that he should not have to under
go a second trial, citing constitutional guarantees
against double jeopardy.
The guarantees protect criminal defendants against
a second prosecution for the same offense after an ac
quittal or conviction, and after a mistrial due to prose
cutorial misconduct.
During his original trial — after learning about con
tact between the district attorney and a witness who
then changed her testimony — Davis asked for a mis
trial on the grounds of prosecutorial misconduct. He
said the district attorney intimidated the witness.
The judge ruled there was no misconduct that
would justify a mistrial.
The 3rd Court of Appeals, in finding Davis was denied
a fair trial, said the judge was wrong to deny that motion
for a mistrial. But it denied Davis’ subsequent argument
that double jeopardy protections denied his retrial.
The Court of Criminal Appeals decided 7-2 to up
hold the 3rd Court’s decision.
"Fundamentally, this is a due process case. It has
long been the law that where a defendant’s due process
rights have been violated to the extent that he has been
denied a fair trial, the proper remedy is reversal of his
conviction and (return) ... to the trial court for further
proceedings,” Judge Stephen Mansfield wrote in the
majority opinion.
Dissenting, Judge Charles Baird said he believes the
state constitutional protection bars retrial.
“The trial judge, through an erroneous ruling,
should not be allowed to forfeit an individual’s valuable
constitutional right,” Baird wrote. Justice Morris Over-
street also dissented.
Q
What do these have in common?
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us of your special needs, please
call 845-8770
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YouVe bought school stuff, back to college stuff,
fix up your place stuff. Now how ‘bout shopping for some
REALLY INSPIRING STUFF
ON SALE!
Brazos Valley Christian Books is having an anniversary sale AND celebrating the opening of
our new store in College Station (in the Kroger Corner at Southwest Parkway). The best part:
everything (we mean EVERYTHING including special orders prepaid at the time of
purchase) is marked down 20 percent.
Pack away a few good books for the hard to guess size guys on the of Christmas list. Stock up
on today’s favorite Christian music CDs and tapes. Pickup that picture you’ve wanted but
hoped it would go on sale. Be nice to yourself and grab that piece of Jeep Collins jewelry you
always admire. Load up on desk and home gifts as inexpensive ways to say “You’re Special”
to someone special. And join in the fun.
DRAWINGS* EVERY DAY FOR BOOKS,
BIBLES, MUSIC,
CONCERT GETAWAYS and JEWELRY.
SPECIAL MUSIC SALE
Amy Grant’s Newest Project: “Behind the Eyes”
• Jars of Clay’s Latest Hit: “much afraid”
$5.99 for tapes/$9.99 for CDs
only for this 3-day sale
• Special T-Shirts ($16.95 value) - SALE $9.99
• Billy Graham Gift Pack ($20 value) - FREE for first 20 customers Thursday
• Boxed Christmas Cards (up to $14.95 value) - SALE $2.99
Thursday, Friday, Saturday (September 18 - 20)
SPECIAL HOURS: 8 to 8
brazos | valley
ChRisfian
Book an6 gift
stope
Midtown in Bryan
Kroger Corner at Southwest Parkway in College Station
846-3433
*Purchase not required/Ybu need not be present to win