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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Feb. 1, 2001)
T lursday, February 1, 2001 ebruary I STATE THE BATTALION Page 7 A selCourt orders new trial for ■convicted Galveston man Jiseasel® filiation AUSTIN (AP) — A Galveston man convicted and unterget. pntenced to death in the murder of his toddler step- | 1r j 0 . daughter had an ineffective lawyer and should be given . ^ a new trial, the Texas Court of Criminal Appeals ruled lle , one -Wednesday. wa y-’ In a 5-4 ruling, the court found that Santiago Varelas’ iseaseis attorney did not ask for specific jury instructions on how cow and to consider some of the evidence against him. J.S. beef. Because the evidence in question was similar in na- ’sreven ture t0 t * le eharged offense, the omission prejudiced |( j s tile jury against Varelas and severely reduced his cnances of being convicted only of a lesser charge, the s sj y s ' cpurt said. I Varelas, 25, was convicted in 1995 and sentenced to pie for the beating death of his 2-year-old stepdaughter, 'thingyoiy During trial, prosecutors presented evidence that the submit a gi'' 1 had suffered physical abuse over the six weeks be- tmail.cor/ ore her death, including fractured ribs, bruises, and burn on her arm and a cut on her face. I Prosecutors also presented evidence of several priors «ts allegedly committed by Varelas: that he had dunked ilmm i| e gj r p s head in a swimming pool, thumped the back of 1 «r head, made her sit still on a couch for two hours and ■ gt her the night before her death. --■• - Although Varelas’ attorney suggested the girl’s moth- eir was the killer, prosecutors said the alleged acts showed a pattern of abuse. “The evidence he committed those injuries was far from definite,” said Varelas’ appeals attorney, Gary Hart of Austin. Galveston County District Attorney Michael Guarino did not immediately return telephone message. Varelas’ trial attorney should have requested the jury be told that it cannot consider extraneous acts of evidence unless they believe beyond a reasonable doubt the acts occurred, the court said. Because the extraneous acts were central to the state’s case, the omission fell below a reasonable standard of rep resenting a client, the court said. In other court rulings Wednesday: • The court rejected a claim of ineffective trial coun sel from death row inmate Brent Ray Brewer, 30, who was convicted of the 1990 robbery and stabbing death of Robert Doyle Laminack in Amarillo. Brewer complained that his trial attorney should have requested that he be ex amined by a mental health expert. • The court upheld the capital murder conviction of Lonnie Wayne Pursley, 39, who was sentenced to die for the 1997 beating death of Robert Earl Cook, 47, in Liv ingston. • The court denied an appeal from death row inmate Melvin Wayne White, 51, who was convicted in 1999 of the sexual assault and beating death of 9-year-old Beth Gravell of Ozona. Police seek couple thought to given inmates getaway car » SAN ANTONIO (AP) — A Cen- al Texas couple who might have supplied the getaway car for seven prison escapees was sought Wednes day by law officers who reportedly have talked to the man who sold the vehicle to the pair. I The CMC Suburban was waiting for admitted ringleader George Rivas and other fugitives from the Connal- ly Unit when they arrived at a store larking lot at nearby Kenedy, law of ficers believe. ' “We have learned that the vehicle was sold in San Antonio a couple of days before the escape,” John Moriar- ty. lead investigator for the Texas De ment of Criminal Justice in Austin, Id the San Antonio Express-New’s. 1C sion )0I >r He said investigators learned that a San Antonio individual sold the We have learned that the vehicle was sold in San Antonio a couple of days before the escape.” — John Moriarty lead investigator for Texas Department of Criminal Justice Suburban two days before the Dec. 13 escape to a Hispanic man and woman in their 40s or 50s. Investigators believe the Subur ban was then left, in the Wal-Mart parking lot with the keys inside the vehicle, perhaps within hours after it was purchased, enabling the convicts to flee before prison officials could set up roadblocks. . “We believe it was left (for the fugitives) within 48 hours of the es cape,” Moriarty said. The San Antonian who sold the Suburban through a newspaper ad is not a suspect in the case, author ities say. “All I did was sell my car. I’m not involvedin any of this other stuff,” the man, who spoke on condition of anonymity, told The Dallas Morning News in Wednesday’s editions. SO MSC Film Society presents *2 *3 tUD GHT Feb 2 Tickets: $3.50 at the door or $3.00 in advance at the MSCBox Office (845-1234). Or avoid long lines and buy a season pass for $15. AH films shown in Rudder Theatre Complex. Persons with disabSKtics please call 84S-151S to inform us of your special needs. Questions? Cali the Aggie Cinema Hotline - 847-8478. Website: http://films.tamu.edu M Are you looking for the or the Greatest Value, o VlilcMfi Deciding on a LASIK surgeon should center on experience and technology, not simply who is the cheapest. After all, they are the only eyes you have. You've trusted the Marr Eye Center for modern eye care for over 15 years. Now, the Marr Eye Center is offering LASIK at an affordable price. Financing is available. Call us today for your FREE LASIK Screening Student and Faculty Discounts Marr Eye Center William H. Marr, M.D., P.A. 2801 East 29th Street, Suite 101 Bryan, TX 77802 (979) 776-7564 or 1-800-338-7864 W r est Price, -UAJE2. L*Jtimat4Z in cjm^Jity servica I Stylists 'J .strips Hair Sculpting & Styling "A- Color tAt Perms Roil l-fighiliglrts ★ Straightonars 'A' Gol Nails Acrylic Nails ★ Manicures & Red (cures All Types of Waxing y r ~P r HOLLYWOOD USA For showtimes call 764-7592 Hwy. 30 @ E. Bypass 6 T d—i»»i*.coh jfe or tog on to PROFITABLE NUMBER! 845-0569 The Battalion Classified Advertising K2 Skates - Diamondback - Bicycle Accessories - Kona - Clothing - Apparel - K2 Skates - Diamondback ^ k A £ §- a J y . MM A ^ B 3? Barnett Certified Trained • Mechanic er CO "O c o E SC 1 2 NOW ACCEPTING AGGIE BUCKS! LIFETIME FREE LABOR ADJUSTMENTS with any new bicycle purchased. GET PURCHASE PRICE OF RIKE BACK IN FREE ACCESSORIES Ask for details inside store. Largest selection of in-line skate accessories Skateboard and accessories now in stock Texas Ave. 303 Dominik Drive (979) 696-6551 X o o * Q> 3 | 1 CD Apple 3 Tree * * Whataburger BCS Bicycles/ 03 -2 > n x o Ol n o #■ > -a ■S 3 >peqpuoujeiQ - saje>|s z>| - |ajeddy - Suiipop - euo>| - sauossaaov ap/Gig - jpeqpuouiejQ - saje>js zyi ENRON IS COMING! Upper Enron Mgmt Internships Available Monday Feb 5 Free Food Wehner 128 7:30pm Sponsored By : texa 3 asc rvi ursii ve:R3iXY. etiSINElSS. STUDENT COO MOIL. WILL you SURVIVE m 3» Wasa THE INTERNSHIP JOB SEARCH? When it comes to internships, the competition is tough! That's why you need more than just basic survival skills. Come to the workshop on Internship Search Strategies and get an edge on the competition... ^ Search Tools => Resumes => Interviewing ...because you’re playing to win. Thursday, February 1 ♦ 4:00 PM ♦ 402 Rudder Wednesday, February 7 ♦ 4:30 PM ♦ 402 Rudder . Experiential Education A Career Center http ://careercenter .tamu .edu 209 Koldus ♦ 845-7725 fj ^MF i Evolve into your career!