Polk County Enterprise (Livingston, Tex.), Vol. 107, No. 52, Ed. 1 Thursday, June 29, 1989 Page: 1 of 56
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Polk Countv
EKTER
Southwest liicropubl ishing Inc55
2201 Brookhol1ow Plaze Dr Suite
Arlington Tx 76006
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Volume 197 Number 52
UPSP 437-341 Price: S(
Supreme court overturns Penry decision
m
By GREG PEAK
Area news editor
LIVINGSTON - Although con-
victed killer Johnny Paul Penry re-
mains on Texas’ death row this
week, a ruling Monday fay the UJS.
Supreme Court will either grant the
Livingston man a new trial or pro-
mpt the governor to commute his
sentence to life in prison.
After bearing arguments on
Henry’s appeal last January, the
court this week overturned the men-
tally retarded man’s death sentence
stating there was not enough
evidence to indicate the trial jury
had been allowed to fully consider
his handicap as a possible
mitigating factor.
Convicted in April, ISM for the
brutal rape-murder of Livingston
, housewife Pamela Moseley
Carpenter, Penry became the focus
of national attention last year when
the high court agreed to hear his
landmark appeal that it was un-
constitutional to subject the mental-
ly retarded to the death penalty.
Although the high court rejected
the argument that executing the
mentally retarded constitutes
“cruel and unusual punishment”
under the constitution, they ac-
cepted a second “serial instruc-
tion" point raised in the Penry ap-
peal.
Under the coart’s ruling, janes
r cases in-
volving the retarded rant be given
special instructions allowing them to
Justice Sandra O’Comer cast the
deciding vote on both issues raised
in the Pmry case, siduig with the so-
called “conservative wing” of Chief
Justice Wdhan
; of the retarded On the mat
.Mrii
joined the
William Brennan, Thwgood Mar
During Penry's trial, which was
0 moved hum Livingston to Groveton
on a change of venae request.
District Judge Joe Ned Dean alfaw-
4 ed defense Mtoraeys to introduce
mental age of o 7 yeor old. However,
the judge rejected a defense request
that the jary be given special in-
structions concerning the retarda-
ONALASKA — A 5-year-old
Onaiaska boy died Monday in a
Galveston hospital after being
struck by a car on the Trinrty River
>S¥KENMj
BUSINESS AS USUAL - Heavy rains from Tropical Storm steady rain cauwdaome flooding in partsoffhecmmty, fare- driven by Donna m Rogers «, of
Allison were not enough to stop Southern Pacific crews from ing portions of Stryker Road ami U.S. 287 to be dosed in Car- point Blank, as the child was at-
performing routine maintenance on tracks in Leggett Jim- rigan, along with a stretch of FM 942 near Leggett Tuesday, tempting to eras U.& ts» from
my Crawford and Robert Fuller hammer spflterinto freshly FM 1276 in the Segno was closed doe to rising waters Wedoes-
replaced ties as other crew members look oil Two days of day.
Tax election date to be set Friday
LIVINGSTON - County commis-
sioners are scheduled to meet at 11
a.m. Friday to set a date for a tax
rollback election.
Commissioners earlier indicated
they would set the election fat Aug
12, the next designated election date,
but since learned that one of the
county’s voting locations will be
unavailable that day, County Judge
Wayne Baker said during Monday’s
regular commissioners’ court
meeting.
The Scenic Loop Volunteer Fire
Department, which houses Voting
Box 5 in Precinct 2, has scheduled its
annual barbecue, one of the depart-
ment’s biggest fundraising events of
the yew, for Aag. 12.
A change in voting box locations is
a time-consuming process which in-
volves gaining justice department
approval, so the county is instead
pluming to approach District Judge
John Martin to establish another
volved through the filing of a writ of
mandamus in December by George
“Baddy” Snook, chairman of the
Pott County Taxpayers Association,
the district jadge has the authority
to set an election date, Baker ex-
call an election Once an election
data is set, the writ of mandamus
Baker said the commissioners
court still wants to held the election
at the earliest date possible and
said, that after he has conferred
with Jadge Martin, commissioners
will call a special meeting either late
this week or early next week to set
an election date.
Voters will be asked to deckle
lections of the tax. The county
became eligible to collect the tax
after the Alabama-Coasfaatta Indian
Reservation changed from state to
federal status and through the
subsequent passage of Senate Bill
1M3 during the last legislative ses-
sion.
Baker, who testified on behalf of
the bin, said there was some concern
from hold/motel lobbyists when the
bill was introduced, but that he
visited with the head lobbyist far the
group, who eventually ended up
testifying with Baker in support of
the tall.
As with cities, proceeds from
hotd motei tax must be used to pro-
mote tourism an
for Polk County.
Commissiooers lent their support
to the Pofc County Youth Rodeo by
dedaring July 34 as Western Week
in Pok County.
four days, beginning July 4 and en-
ding with the finals on July (.Perfor-
mances begin at I o’clock nightly. .
Spokesman Lawrence Oliver said
nearly MM participants are ex-
pected at this year’s rodeo, drawn
from throaghout Toma, as well as
Oklahoma and areas near the New
Mexico border.
An added attraction this year will
be a calf scramble each night far
local youngsters, Oliver said. There
will also he a straightaway hand
race for Polk Coanty youth.
Both Oliver and Commissioner
Pad Harrell said additional help
during the rodeo is always needed
and there will be a job awsiting any
Oliver said the Ho* Chanty Youth
i at 7 p.m.
before the court in April with the in-
itial proposal Hr was joined at the
meeting by residents from several
areas of the esnaty who have been
plaqned with flooding problems
from beaver dam construction.
Asherbauser, in April explained
that be is responsible far wiki
animal damage control in 14 coun-
ties, which mates it impossible for
him to focus as much attention as
needed in this area
Under the plan approved Monday,
the five counties will pool i
to pay
specialist who will serve only those
five counties.
Commissioners entered into the
agreement, with the stipulation they
would participate only if finds are
available. Only three months of the
program, a total of RSNt will have
See NEW pg. 4A
Highway Patrol Ttooper Ross J. Cox
Sr.
The tkiver and two witnesses sail
the child started to rm across the
road, carrying two fishing poles, and
ran into the left front quarter of the
car, Cox said. The accident occurred
at2:25pjn.
The child wasjaten by ambulance
to Pt* Coanty Memorial Hospital
and was later transferred by Life
Flight ta University of Texas
Medical Branch to Galveston. where
Joshua’s father, Casey H.
Whedess, and stepmother, Lesey
Denise Whedess, live and work at
Bridgeport, near where the accident
occurred.
Rogers was cited for having no
leeueu m mis area. (tammy insurance
Prison issue may be on ballot;
1,000 petition signatures sought
LIVINGSTON - Voters may face
another issue when Boy go to the
polls to decide an n coanty tax
rollback (see related story this
11 un. ]
in certificates of obligation to obtain
a state prison txaL The election will
likely be called for Aug. 5
In order for an election to be call-
ed, a petition containing the
signatures of at least MM voters
must be prepared prior to Friday’s
court meeting. Those who sign the
xner me coumy s tax rote or «
ts should be rolled hack to41.35 at
ts for the current tax year. —
call a public
. they wil not be in-
of Commerce Executive Directot
at the Pok County Chamber of Com-
merce office, Pok County Judges
Office and Polk County Tax Office.
Chamber directors wil also be rir-
ThT*c^ficates of obligation
would be used to purchase and
prepare a proposed prison site and
to provide utilities to the property. If
ties which
would follow for actual budding of
the prison.
A location in East Tempo near
Livingston Municipal Airport has
been selected for foe state’s review.
_____ ________ A chamber-appointed committee
AUi Extension Service, came tesq^ent much of the year studying
the feasibility of attracting a Texas
Department of Corrections (TDO
facility to Polk Coanty.
A aiimum security prison unit is
expected to generate Ml full-time
job^ with salary mrgagii^IgMM
monthly, or Jill miikm per year
plus benefits “Public sector
jobs like these will help to diversify
more easily withstand economic
downturns,” Chamber President
Bubha Haley wrote in a letter to
commissioners
The committee has also spent
“Locating a site has been <fifficu)t
dne to die expense involved in
meeting the criteria set fay TDC,”
Haley sakl in die letter. “The coun-
ty’s requirements indude giving a
minimam of 3M acres of land with
an area 73 acres in sh
a good,
s> the pro-
area. All utilities most be furnished,
including water, with BMM gallons
af overhead -storage, sewer,
i to look for a:
_ted part of the____
said. “Sites in the ricfaRy of New
Willard, Lcggett,and Moscow were
al considered. Doe to the terrain re-
quirements and availability of
The committee later became
ware of the East Tempe site, which
* on FM 351 and FM 3126
“Great care i
as die
Haley
Toons
of Commerce, Marina Owners
Association. Lake Livingston
developers were contacted to seek
East Tempe site were kept lower by
the fact that the property fronts on
two alreadj-esistent farm-to-
proxinwty to die city’s water treat-
ment plant. County Judge Wayne
Baker said Wednesday. The acreage
is also fiat, so site leveling would be
, as well as part
ich is part of an
hyJr^MHNk
pda not
lean be
“The judge followed Texas law as
it was at that tame,” 2SMh District
Attorney Joe Pnce said Monday.
“ Basically, what the Suprenw Chart
has done is rewrite the law after Me
fact and f dare say a lot of derthrew
cases around the country wil he af-
fected”
Price, who prosecuted Deary dr-
ug the 1M trial said Moat^h
court ruling disappointed (ton bat
id not entirely surprise him
See ORIGINAL pg. ZA
Justices'
votes split
WASHINGTON, D C - In overtax
rung Johnny Paal Pony’s death
sentence Monday, die U5 Supreme
Coart decided Texas’ capital
murder law does not provide juries
the proper flexibility in <•«■«* nog
mental retardation as mitigataag
evidence.
By a narrow 54 vote, the high
court ruled that juries must be girew
a means to reject a death scrXence V
they feel a defendant’s background
or character would mate a sentence
of life in prison more appropriate.
At the same time, abo fay a 54
vote, the court rejected Peary’s con-
tention that executing the meatfly
retarded was “end and musual
punishment” under the US. Con-
stitution.
In writing die eoort’s aptokn on
both issues. Justice Samba (TCon-
ner i
murder law had
upheld liy the Supreme Court in 1MK
there was no means onder Me taw
adpatahty” with regard to Ins men-
tal handkap.
when the trial jury convkfled IYwj
of capital murder they then were re-
quired to answer three “special
issues” in determining las punish-
ment.
They had to decide:
• (1> whether Peary’s contact,
which caused the death of Pamela
Moseley Carpenter, wa
deliberately and with the i
expectation that the death of Mis.
Carpenter would resak;
• 12> whether there is a prahalili
ty that Penry would commit
criminal acts of violence that would
constitute a continuing threat to
society; and
• 13) whether Peary’s condact in
killing Mrs. Carpenter was
unreasonable in response to the pto-
vatioo, if any, of Mrs. Carpenter-
Bee a use the Penry jary
unanimously answered all three
with a “yes”, Texas taw mandated
that the Livingston man receive die
death penalty. Under the law, had
the jury answered any of the three
with a “no”, Penry would ham
received a sentence of life to prison.
O'Conner wrote that onder this
system, in absence of special in-
structions from the trial jadge, the
jury was not allowed to fully con-
sider Penry 's mental handicap when
deciding on fats punishment.
See MENTAL pg.2A
Fireworks
fizzle out
ONALASKA-“It’s a matter of the
weather, the economy and the high
cost of fireworks," Onaiaska
Volunteer Fire Department Chief
Bobby Smith said of the
department’s derision to discanttone
the annual fourth of July fireworks
display over Late Livingston.
“I thud it cost as around tSJM
last year.” Smith said.
The annual event was started to
IMS by a bicenntenaal committee
which bought around |7M MM worth
of fireworks with donations. Smite
aid.,
“The price af the fireworks is jmt
sky-rocketing,” Smith said. “Over
the tost five years, we've lost about
(lMMi
“We dkki't want to mate anything
off of it AM we ever wanted to do
was mate it a breakeven deal*
Smith said.
H’s a
Smith said. “We don’t
work, but you can only pot effort nto
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White, Barbara. Polk County Enterprise (Livingston, Tex.), Vol. 107, No. 52, Ed. 1 Thursday, June 29, 1989, newspaper, June 29, 1989; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth795776/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Livingston Municipal Library.