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Use "FIND" option on toolbar to search for a specific word or string. TOP STORIESNovember 4, 1997
Probation decrease cuts state fundsBy GREG HARMAN Staff Writer PECOS, November 4, 1997 - A drop in numbers of Reeves County citizens placed on probation for misdemeanor offenses has resulted in the district (which is comprised of Reeves, Loving, and Ward Counties) losing $60,000 a year for its probations program. According to the annual report issued by the 143rd Judicial District Community Supervision and Corrections Department, the number of people placed on probation for misdemeanor charges in Reeves County has dwindled this year. Summer months in 1995 averaged just over 120 a month, 1996 saw a dip into the 100 range, and this summer the number has decreased again - to almost 60 citizens placed on probation for August, 1997. Does this reflect a drop in the crime rate in Reeves County? Don't bank on it. According to County Attorney Walter Holcombe, "If anything, we've seen an increase in criminal activity...We are probably revoking more probations than before." District Attorney Randy Reynolds, who prosecutes felony offenses only, said that he has also seen an increase in crime. He said that the matter of decreasing probations was being looked into and he hopes that it may be improved down the line. "There may be some other answers," he said. One factor in the dropping numbers of misdemeanor probations issued may be the increase in dismissals. Cases may be dismissed for insufficient evidence, and sometimes get too old to be effectively prosecuted. Misdemeanor dismissals in 1996 tended to average about five per month, but in 1997, the county witnessed a sizable increase in dismissals. Monthly dismissals in January went up to 66 (up from 10 the previous month) when County Attorney Holcombe came to office. These cases were "dumped," Holcombe said, because they were so old, some dating back to 1987. But, according to both Holcombe and Reynolds, the increase in dismissals shouldn't have any effect on the decrease in probations. "The only thing I can think of would be if we were having a lesser amount of arrests. We do use probation quite a bit," Holcombe said. If there have been lesser arrests made this is not reflected in the County Court at Law's monthly reports which contain all Class A and B misdemeanors. A and B misdemeanor cases coming to trial over the past year, while fluctuating between three and 35, have averaged about 20 cases a month. Juvenile cases coming to trial also have hovered in the general ballpark of three cases a month. There have been decreases in both direct and indirect supervision probations for misdemeanor cases in the past year. Both have decreased from over 100 cases per month late last year to the 60s range this August.
Rugged pistachios grow well in West TexasBy CARA ALLIGOOD
Separatists face life term at sentencingBy EDUARDO MONTES Associated Press Writer ALPINE, Texas (AP) November 4, 1997 - Republic of Texas leader Richard McLaren's fate now rests in the hands of the law he refused to recognize. State District Judge Kenneth DeHart was to have sentenced McLaren and fellow separatist Robert Otto today for plotting a kidnapping that led to their group's armed standoff with hundreds of police officers. McLaren and Otto could face five to 99 years or life in prison and possibly a $10,000 fine. Both men were convicted Friday of engaging in organized criminal activity for their role in the abduction of Joe and Margaret Ann Rowe, a couple who lived near Republic members in the Davis Mountains Resort, a rural community 175 miles southeast of El Paso. The April 27 kidnapping, allegedly carried out by three of McLaren's followers, eventually brought some 300 state troopers and Texas Rangers to the resort where the Republic maintained its headquarters. They laid siege to the group's so-called embassy until McLaren and others agreed to lay down their weapons May 3. McLaren and Otto were the first of five charged in the abduction to go on trial and quickly became involved in a bizarre legal spectacle. The pair decided to represent themselves, even though they had court-appointed attorneys, and employed a defense strategy that made little sense. McLaren and Otto said they believed the trial to be a sham and instead focused their attention on "perfecting" the court record for a federal case they say is pending in a court in Washington, D.C. Republic members contend the United States' annexation of Texas in 1845 was illegal and refuse to recognize Texas' statehood and institutions, including the court system. Neither McLaren nor Otto mounted a legitimate defense until after the prosecution had rested. At that point they asked their standby counsel to intervene and file motions for a mistrial and for directed verdicts of acquittal. DeHart denied both and a jury eventually took two less than two hours to find the men guilty. Defense attorneys say they will appeal. Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Republic trial not biggest caseBy EDUARDO MONTES Associated Press Writer ALPINE, Texas (AP) November 4, 1997 - West Texas prosecutor Albert Valadez has lived much of the last year in the spotlight, directing two of the state's most notorious cases. Within a month, his office went from handling the prosecution of Republic of Texas separatists to investigating a teen-ager's death at the hands of a Marine conducting anti-drug surveillance on the border. "I've never had two cases with so much publicity happen on each other's heels," Valadez said after winning convictions Friday in the first case stemming from the Republic's armed standoff last spring. But though it's put his face on television and landed his remarks in newspapers across the country, Valadez won't even rank last week's trial of separatist leader Richard McLaren and Robert Otto among his most important. "I don't want to give them the credit. They are two of the most devious and deceptive individuals I've ever tried," he said. The cases he's tried where law enforcement officers have been killed in the line of duty, said Valadez, are more significant. "I'm going to do my best to get the death sentence in those cases," he said. Valadez's Fort Stockton-based office handles only felonies that come from six counties: Brewster, Jeff Davis, Presidio, Pecos, Upton and Reagan. Since being elected 83rd District prosecutor in 1992, Valadez said he has prosecuted all types of crimes, from a deluge of drug cases to sexual assaults and capital murders. He was re-elected in 1996. None, however, have been as personally taxing as McLaren's organized crime trial and the case of Esequiel Hernandez Jr., the 18-year-old shot while tending his goats in the tiny border community of Redford. Valadez and his first assistant, James Jepson, spent days outside Fort Davis while state troopers and Texas Rangers waited out McLaren's armed separatists, who had taken to the mountains after kidnapping two neighbors. The weeklong standoff ended with the group's surrender May 3. Valadez and his three assistants then had to amass the mountain of evidence that led to McLaren and Otto's convictions and may be used in the upcoming trials of three other group members accused in the kidnapping. During that period, Hernandez was killed May 20 after crossing paths with a four-man Marine unit patrolling near the border. Valadez had to present evidence to a grand jury that would determine whether the Marine who shot Hernandez had committed any crimes. The Presidio County grand jury no-billed Cpl. Clemente Banuelos in August, saying the Marine was defending another member of his patrol. "I've never had to put in so much personal time as in these two cases," Valadez said of the preparations. "It's rare that Albert and I even try a case together. This was the first time in two or three years," added Jepson, who assisted in the McLaren prosecution. But overall, Valadez said, this year has been slower to some extent than others. He averages 12 to 15 jury trials a year, but has undertaken only five or six in 1997. Valadez and his assistants also take on civil cases and file their own appeals so they're never lacking for work. The 41-year-old Valadez said he gets a great deal of satisfaction from his job, probably more so than if he were still a criminal defense attorney. He began his legal career as a defense lawyer in Houston in 1983. "I'm generally in a situation where the general public supports my work," said Valadez, who was roundly congratulated following the Republic trial for which sentencing is scheduled Tuesday. "It's nice to be recognized." Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Low turnout expected for amendment electionBy MICHAEL HOLMES Associated Press Writer AUSTIN (AP) November 4, 1997 - Voters today were deciding the fate of 14 constitutional amendments - headed by a proposal to end the ban on home equity loans that has stood for more than a century. Secretary of State Tony Garza on Monday predicted that 9.16 percent of the state's registered voters would cast ballots. That would be a slight improvement from August, when only 6.9 percent of Texas' 10.6 million registered voters bothered to vote on the amendment cutting school property taxes by $1 billion over the next two years. "Early voting results from the top counties indicate we are in good shape to top 9 percent," Garza said. "I'm encouraging all Texans to vote on Tuesday so that we can hopefully break into double digits for turnout percentage." The 14 amendments on this ballot bring to 550 the total number of changes proposed in Texas' 121-year-old constitution. Getting the most attention was Proposition 8, which would, if ratified, eliminate many of the restrictions that have kept Texans from borrowing against the equity in their homes. Equity is the difference between the market value of a home and the amount owed on it. Texas is the only state to prohibit general home equity lending. The loans are allowed only for sharply limited purposes, such as paying taxes or making home improvements. According to legislative analysts, the value of untapped home equity in Texas is estimated to be between $124 billion and $142 billion. Supporters - led by lending institutions - said lifting that ban would give Texans access to what's really their own money. Opponents - including the Texas Farm Bureau and organized labor - said the ban has protected Texans in hard times. Under the proposal, a homeowner's total debt - including original and second mortgages - couldn't be more than 80 percent of the home's market value. A "cooling-off" period would give borrowers 12 days after applying for a loan and three days after getting it to terminate the deal without penalties or charges. Open-ended lines of credit secured by a house, allowed in some states, would be prohibited. The measure also includes a "non-recourse" provision, meaning if someone defaulted on a second mortgage only their home could be taken to cover the loan. Backers say approval of the amendment would give Texans many new options, such as using homes to secure loans for catastrophic health care costs, debt consolidation or starting a business. Lenders also say the loans are attractive because they typically are lower-interest and tax-deductible. Opponents argued that protecting Texans homes had been a boon during tough economic times and that there was no good reason to take that protection away now. "We, along with the founders of Texas, have traditionally been suspicious of outside banking interests coming into the state and making these types of loans," said Ed Sills, AFL-CIO spokesman. Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Conference opens up new world of eventsBy CARA ALLIGOOD Staff Writer PECOS, November 4, 1997 - Four Pecos Chamber of Commerce members entered into a new dimension of event planning last week in El Paso at the "Event Management and Evaluation" conference. "This thing opened up a whole new world to me," said Richard Crider chamber president-elect,. "It was like turning on a light." The event was presented by the Southwest Festival and Events Association. Those who attended from Pecos were Crider, who is also the owner of Aluminum Screens and Windows on Cedar Street; Tom Rivera, executive director of the Chamber of Commerce; Brandy Owen from the Womens' Division of the Chamber of Commerce and Ray Owen from the West of the Pecos Rodeo committee, according to Crider. Crider said that he gained many insights into how to organize and manage an event to make it successful, make money and be a good time for those who attend the event. Crider learned the most in a seminar on "fun raising," that dealt with getting sponsors for events and festivals, thereby not having to rely so much upon making profits from the admission gate and concession sales. He also mentioned a conference given by Terrie Todd, area manager of Southwest Airlines. Todd spoke about showing a potential corporate sponsor what the return on their investment will be, Crider said. Todd is "a very dynamic business person," according to Crider. "It is important to contact sponsors before their budgets are set for the year," Crider said, and that when sponsors contacted a couple of months before an event decline to sponsor the event, they aren't saying "no," but "not right now." Crider also said that the team learned about package deals. That is when a sponsor will contribute their goods or services, such as transportation tickets or hotel rooms, for advertising, instead of writing a check for a monetary contribution. Then, the event organizers can turn around and use airline tickets and hotel rooms to accommodate another sponsor or make up a promotional prize to draw out-of-town people to the event. Another thing Crider stressed is that area towns need to communicate and cooperate when scheduling their events to avoid planning two festivals in the same area at the same time, because that forces people to choose between the events, which both wind up losing attendees. He also said that organizers should look at people's pay periods when scheduling events, so that people will be more likely to be able to include events in their budgets. Crider also said there needs to be more continuity between organizers from one year's event to the next. Lessons learned by one year's organizer need to be passed on to the next year's leader. Also, Crider found the motivational classifications proposed by David McClelland in his book Motivation & Organizational Climate with John Atchison to be worthwhile suggestions. The theory is that there are three personality types, and people from each of the personality types are needed to organize a successful event. The organizational committee needs people with positive affiliation needs, people with positive achievement needs and people with positive (sociological) power needs. Crider also said that event organizers need to look at their volunteers' "motivational hygiene" - what are the conditions that the volunteers have to work under? "We need to make it comfortable for them and thank them afterwards," Crider said. He also was intrigued by an idea introduced by El Paso Diablos (minor league baseball team) General Manager Rick Parr, who spoke about maximizing sponsorship through on-site promotions. As an example, Crider said, Parr uses a promotional Sumo Wrestler event during baseball games, where audience members don a huge, padded "Sumo" suit and try to negotiate a short obstacle course. The winner has to knock his opponent down three times while making his way through the course. Every step of the promotion is tied to the sponsor, and Crider feels that something such as this would work out really well here, especially during the rodeo. Crider said that the trip to El Paso, sponsored by the Pecos Chamber of Commerce, "was surprising and enlightening. It was fun - well worth taking off two days (from work)."
Olivas found guilty of importing dopeBy PEGGY McCRACKEN Staff Writer PECOS, November 4, 1997 - Andres Herrera-Olivas was found guilty yesterday after Senior Judge Lucius Bunton denied his motion to suppress evidence of possession with intent to distribute 241.53 pounds of marijuana and 500 grams of cocaine. Eight other defendants entered guilty pleas to drug importation or possession in the day-long federal court session. Cayetao Beltra-Rios and Enue Perea de Beltran admitted importing 1,025 grams of heroin on Aug. 26. Marijuana importation was the admission of Ernesto Chavez-alvarez and Victor Manuel Montoya-Martinez. Alejandro Paz Munoz, Gary Wayne Clark Sr., Patrick Jerome Hailey and Salvador Garcia-Hinojos pleaded guilty to possession with intent to distribute marijuana. Judge Bunton set sentencing for January.
Girl to go to foster care while family evaluatedAUSTIN (AP) November 4, 1997 - The 9-year-old girl removed from a rat-infested Austin home last week is headed for a foster home while her family receives psychological examinations. State officials say the girl, who has never been to school and doesn't speak, continues to improve and there is no evidence that she was physically abused. "As far as we can tell, the family cared very much for this little girl," said Linda Edwards, spokeswoman for the Texas Department of Protective and Regulatory Services, which runs Child Protective Services. "They were just unable to provide a safe, stable, nurturing environment." Ms. Edwards said the girl has made significant improvement and is interacting with other children, sleeping well and enjoys being tickled. Experts still are assessing the girl, who her family says is mentally retarded. After an internal investigation, Child Protective Services admitted Friday that they mishandled the girl's case two years ago when neighbors initially called it to their attention. "We do believe that the casework in 1995 was not as thorough as it could have been and should have been," Ms. Edwards said. State District Judge Scott McCown ruled that the girl will remain in state custody while her family is evaluated and scheduled another hearing for Dec. 19. Randy Shell, one of the caseworkers, said a local couple with no children has agreed to be her foster parents. The girl's mother told McCown that media attention to the case has caused her to lose her restaurant job. Caseworkers removed the girl from the home Oct. 20 after a neighbor reported seeing her frequently in a window but never outside. Previous calls to the agency included neighbor's reports of hearing a child screaming and of a foul smell coming from the house. Richard LaVallo, a lawyer appointed for the girl, said the agency's handling of the case showed a breakdown in the system. Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Circulation rises at top newspapersNEW YORK (AP) November 4, 1997 - Circulation at nine of the nation's top 15 newspapers increased over the past six months as the booming economy attracted more readers and the effects of higher subscription prices began to wear off. The results reverse a general decline in circulation over the past two years at major papers after many raised prices to offset higher newsprint costs and cut back costly deliveries to outlying areas. "They took the hit from the price increases earlier. Now they're starting to show growth," said John Morton, a newspaper industry analyst at Morton Research Inc. According to the data released Monday by the Audit Bureau of Circulations, the largest circulation rise of the top 15 papers was a 13.9 percent gain at The Arizona Republic to 437,118. That gain was aided by the closure of its sister paper, The Phoenix Gazette. The second-biggest winner in the top 15 was USA Today, where circulation increased 2.4 percent from a year earlier to 1.63 million. Other gainers were The New York Times, up 0.3 percent at 1.07 million; the Los Angeles Times, up 2.1 percent at 1.05 million; Newsday, up 0.7 percent at 568,914; the Houston Chronicle, up 0.7 percent at 549,101; The Dallas Morning News, up 0.6 percent at 481,032; The Boston Globe, up 1.3 percent at 476,966; and the New York Post, up 1.5 percent at 436,226. Circulation at The Wall Street Journal, the nation's largest paper, declined 0.5 percent at 1.77 million. The largest decliner in percentage terms of the top 15 was the Chicago Tribune, down 4.0 percent at 653,554. The Newspaper Association of America, an industry trade group, calculated that the bureau's figures equaled an overall circulation decline of 0.3 percent. But 63.7 percent of papers with circulation over 200,000 reported gains, the association said. "They're targeting their audiences better and going after readers," said John Sturm, the trade group's president. He said many papers have benefited from concentrating on their main circulation markets, even if it meant cutting delivery to more outlying areas. Other decliners in the top 15 were The Washington Post, down 1.5 percent at 775,894; the Daily News of New York, down 1.8 percent at 721,256; and the San Francisco Chronicle, down 0.6 percent at 484,218. As circulation at big papers increased, major newspaper companies in the past month have reported solid profits for the third quarter due to lower newsprint prices and higher advertising revenue. Gannett Co., the publisher of USA Today and the nation's leading newspaper group, said profits from its continuing operations jumped 37 percent, while Knight-Ridder, the second-largest newspaper group, said profits from continuing operations rose 12 percent. The New York Times Co., which also publishes The Boston Globe, reported a profit of $46.2 million, reversing a loss of $47.7 million a year earlier. The Washington Post Co. reported 29 percent higher profits. Times Mirror Co., publisher of the Los Angeles Times, reported that its third-quarter profits rose 47 percent, while Chicago Tribune publisher Tribune Co.'s profits jumped 58 percent. Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
OBITUARYManuel HernandezManuel C. Hernandez, 71, died Sunday, Nov. 2, 1997, at Odessa Medical Center Hospital in Odessa. A rosary will be held at 7 p.m., Tuesday, Nov. 4, at Harkey Funeral Home Chapel in Monahans. Mass is scheduled for 2 p.m., Wednesday, Nov. 5, at St. John's Catholic Church with burial in Monahans Cemetery. Hernandez was born Sept. 14, 1926, in Presidio. She had lived in Barstow since 1944 and was a Catholic. Survivors include: one son, Manuel Hernandez, Jr. of Dallas; two daughters, Delma Diaz of Odessa and Elfida Ramirez of Monahans; two brothers, Julian Hernandez of Monahans and Antonio Hernandez of Pecos; two sisters, Amelia Morales of Andrews and Maria Jesus Madrid of Monahans; and five grandchildren. Harkey Funeral Home of Monahans is in charge of arrangements.
WEATHERPECOS, November 4, 1997 - High Monday, 72, low this morning, 41. It's going to be partly cloudy to cloudy and warm across all of Texas tonight and Wednesday. It will be clear to partly in West Texas. Lows tonight will be in the 30s and 40s in West Texas and in the 40s and 50s across the rest of the state.Highs Wednesday will be in the 60s and 70s in West Texas.
Pecos Enterprise
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