Fort Worth Star-Telegram from Fort Worth, Texas • 2

2A 0)1981 FORT WORTH STAR-TELEGRAM MONDAY EVENING MARCH 23 1981 ittp11r4 1 0041111111115111111 4 lk '4444 7) Ir e- A0OPROI "'volfrA' M11110110e4 ealMibt Daniel juror dismissed More witnessos scheduled in custhdy case v- 4 03 'iidoo Ao A (01: OP Nis 4 131177at) A 171r 7 1 re 6 led 47 i' ss' 'i i 46: a i te 4 AiL f-- 40 1 (: vi It 14 A 'si-) 'N (4' 14: r- lii I's 41 tc Nt 1 4 Ai 4 sxt: lila dr 4 a 0 ''''s -c-: 4 itfe 4 iioLif 4 "4 4 6 )1 I NI 11 () 4: Associated Prass lSP against abuse to the point of killing said Richard "Racehorse" Haynes Mrs Daniel's lawyer On the stand Mrs Daniel claimed Daniel abused her mentally and physically throughout their rocky four-year marriage Mrs Murph claims that Vickie Daniel is an unfit mother because of emotional instability However several witnesses including Mrs Daniel's first husband Larry Moore and his current wife testified that Mrs Daniel was a good mother Some of Mrs Daniel's more sensational claims from the witness stand were that her husband came toward her angrily after she admitted throwing out a large stash of marijuana that Daniel spent much of their marriage "drunk in bed" that he once exposed his buttocks to a group of boys playing basketball near the Daniel house and once sexually fondled his ayear-old son Murph sister of ormer Texas House Speaker Price Daniel Jr whom Mrs Daniel is accused of murdering Mrs Murph wants custody of the couple's two young sons claiming Mrs Daniel is an unfit mother Mrs Daniel spent 10 hours on the witness stand last week in the custody suit but because of a pretrial agreement much of her testimony concerned events that she said led up to the shooting death of her husband and according to attorney Richard "Racehorse" Haynes outlined a poi tion of her defense on the murder charge "A significant part (of the defense) will focus on the right of a woman to be treated like a human being" including the right to defend herself Late stocks Dow Jones averages noon 30 Industrials 99955 675 20 Transportation 42228 369 15 Utilities 10848 065 65 Stocks 38505 216 Irate demonstrators sentiment for the government of Iran Police arrested 10 demonstrators but no major injuries were reported Pro-Khomeini demonstrators yell at an anti-Khomeini group Sunday in Los Angeles' MacArthur Park where about 1000 participated in a show of Jurek to get new slaying trial Constitutional change would prohibit busing LIBERTY Texas Annie Mae Searles a juror in the child custody case involving the children of Vickie Daniel was dismissed today after Family District Court Judge Sam Emison Jr said she became disabled The case in which Jean Daniel Murph is attempting to gain custody of Mrs Daniel's two young children continued with 11 jurors "Mrs Searles has become disabled" Emison explained Mrs Searles refused to comment on her dismissal however as she left the courtroom "Don't have time" she said as she left the jury room ca rrying a cake she had brought for other jurors Asked why she was dismissed Mrs Searles said she did not know "They didn't ask me any questions" she said "No I didn't have a conference" Testimony in the suit was 45 minutes late in starting because of a conference among attorneys in the case More witnesses are expected to be called today by attorneys for Mrs Coal walkout still looming despite pact WASHINGTON (AP) Negotiators for the soft coal industry and the United Mine Workers union early today reached tentative agreement on a new three-year contract But a strike Friday by the union's 160000 members still appeared inevitable and union president Sam Church predicted it would last four to five days "We have a settlement" Church exclaimed to reporters five hours after union and industry bargainers be gan meeting at a Washington hotel at 1:45 am The two sides were felt to be far apart on several issues Church said the union won a compromise 36 percent increase in wages and benefits over the next three years but said the industry had dropped its fight to open the mines on Sundays and drastically alter miners' pension plans The union bargaining council summoned to Washington will take up the proposal Tuesday If ratified by the council the proposal must still be approved by the rank and file a process that normally takes 10days A strike of at least a few days' duration appeared certain The current pact expires at 12:01 am ESTFriday myr pagan disparaging remarks about Jurek's family The next day after finding the girl's body police obtained a second written confession from Jurek in which he said he had killed the girl because of her refusal to have sexual relations with him The Fifth Circuit Court of Appeals with all 25 judges hearing the case last year criticized the police for not informing Jurek that his admission of his efforts to have sexual relations with the child was tantamount to signing his own "death warrant" In order to seek the death penalty against Jurek police needed a crime such as attempted rape commit ted during the course of the murder The state used both confessions in its successful efforts to prove Jurek guilt But the full Fifth Circuit Court in a decision handed (town last August threw Out urek's second written confession contending as Jurek has alleged that it was made involuntarily Today's action by the Supreme Court upholds the lower 1:1140 bill President Carter getoed the money measure and Congress eventually agreed to delete the anti-busing provision However Congress now has Reagan's assurance that he would support an anti-busing restriction Others in Congress would prefer more drastic action a proposed Constitutional amendment that if approved by 38 of the states would prohibit court-ordered busing of schoolchildren Such a proposal was introduced in the House in January and sent to the House Judiciary Committee No action has been taken by the committee's Civil and Constitutional Rights subcommittee Seeking to bypass the committee Rep Ronald Mottl D-Ohio the sponsor of the measure has filed a discharge petition which if signed by 218 members of the House would bringthe measure to the floor for a vote "Court-ordered busing was a noble experiment but it just doesn't work" Mott' said "It causes white flight to the suburbs It causes resegregation of city schools It is a waste of tax dollars" Investigators find more will examine the teeth and bones and try to identify them The teeth and jawbone along with two teeth found Saturday are in an area police had searched earlier They were found buried about 3 feet deep in dirt We went a little deeper in one spot and found several teeth a broken jawbone and a rib" Sgt John Ratliff Men-only draft facing test in Supreme Court While there is no indication of widespread disillusionment among blacks on the busing question as Reagan suggested thereappears to beat least some shift of opinion The Dallas action provides one example with the city's principal black leaders joining the school board in proposing an end to court-ordered busing in the lower grades In Charlotte NC generally regarded as a model of city-suburban racial mix through busing some black parents say it is a "necessary evil" but that the major burden has fallen on their children not on the whites Anti-busing forces have a new ally in Derek A Bell a black former civil rights lawyer who while with the NAACP Legal Defense and Educational Fund Inc supervised 300cases involving desegregation Bell now dean of the University of Oregon Law School said "My contacts with blacks convince me that they want quality and effective schooling they don't want the inconvenience of busing" Ile said the earlier theory was that -if we put black kids where white kids are the black kids would get what the white kids are getting" A4 Rehnquist noted that because Jurek kidnapped the girl enough evidence may remain in the first written confession to allow the state to seek the death penalty but he sided with the minority of the 5th Circuit who believed Jurek eventually will be set free "What is particularly troubling about this case is that I have no doubt that the decision below (made by the Fifth Circuit) was colored by the fact that this is a capital punishment case" he said Texas like 34 other states has decided "that capital punishment though an extreme form of punishment is a suitable sanction for the most extreme of crimes" he said By overturning Jurek's death sentence because of a "procedural nicety" he maintained the lower court 'Snot only renders Texas' death penalty statute an ineffective deterrent it frustrates society's compelling interest in having its constitutionally valid laws swiftly and surely carried out A potential murderer will know that even if he is convicted and sentenced to death he will very likely not be put to death" bones Saturday almost halted the search He said that clear skies and sunlight dried the area enough for digging operations to continue "Unless something else develops we should beconmpleted by Wednesday" he said Since March 1 the on-again off-again police search has cleared an area about 150 square yards "Just finding the right spot was the biggest problem" he said "1 think we got in the right spot finally" Fort Worth Star-Telegram (USPS 206-260) Combining the Fort Worth Star established February 1 1906 the Fort Worth Telegram purchased January 1 1909 the Fort Worth Record purchased November 1 1925 Second class postage paid at Fort Worth Texas Published doily at 400 West 7th St 76202 TELEPHONE NUMBERS Circulation Deportment 335-4837 (Just dial DEL-IVER) Classified Deportment 737-8587 (Just dial RES-ULTS) All Other Departments 336-9271 MEMBER OF ASSOCIATED PRESS Subscription Rotes: Monthly by carrier Delivery Morning or Evening only $400 Morning and Sunday or Evening and Sunday $600 Morning Evening and Sunday $750 Weekend editions plus four holiday copies $400 Single copy Morning or Evening $25 Sunday $75 By mail in US and Possessions Daily and Sunday $425 per month plus postoge or $3025 per year plus 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Garage lilies listed by Zia codes The Fort Worth Staaelegram Classifieds Dial RESULTS 0 0 trage listed zin codes le Fort Worth arTelegram assifieds al FSULTS Sts An Air 1 0 0 SAVE 20 TO 40 ON FAMOUS MAKER SOLVERPLATE AND STAONLESS FLATWARE! court's action and means Jurek will have to be retried without the use of the second confession Rehnquist berated his breathren for their decision not to review the case "It is inexplicable to me why this court fails to grant the petition "Jurek is no stranger to this court" he wrote noting that it was the high court's consideration of his case that led to its 1976 decision that the Texas deal penalty was constitutional and hat Jurek legally could be executed "But as in so many criminal cases these days Jurek's conviction was still not final" Rehnquist said The defendant moved into higher courts in his efforts to show his second confession was involuntary He disagreed with the appeals court finding that the police had an obligation to inform Jurek that he could be increasing his chances of receiving the death penalty by admitting he made sexual advances to the girl "Even if it were true that the police were seeking the death sentence our cases have never required the police to give such unsolicited legal advice" he said said today Ratliff said the area had been dug through earlier "But last week when they went back they started busting up clods of dirt and this is where they started finding the teeth "We hit water when we went down three feet but it's dried out some since then" he said Lie said the digging operation will remove another two feet of dirt from the site of the latest findings Ratliff said a heavy downpour on then-President Carter revived registration Both Carter and high-ranking Pentagon officials at first proposed that women be registered along with men But Congress spurned the requests and approved a registration program for men alone Last summer a three-judge federal court in Philadelphia ruled that the draft law unconstitutionally discriminates against men The Department of Justice appealed this ruling to the Supreme Court and Justice William Brennan Jr granted a stay that permits draft registration to go forward while the court considers the case The arguments in the draft case are easy to summarize Those challenging the draft law point out that all women are excluded from the registration requirement under all circumstances In response the Justice Department stresses that women are not able to fill combat positions criminal study says tims of crime than are middle-aged dr elderly men he said "A girl's age turns out to be a severe liability" he said For example 358 girls aged 12 to 15 and 437 girls aged 16 to 19 per thousand persons were victims of violent crime compared with 54 women aged 65 and over per thousand Noting that the highest crime rates have been recorded in central cities Empey said "The paradox is that in the 19th century and indeed until World War 11 central-city residents were primarily white ethnic groups not black and brown "What this really says is that it's the conditions of deterioration poverty disorganization and demoralization that are much more likely to provoke these high rates of crime than ethnic" factors He also noted that while blacks make up 11 percent of the US population they constitute almost one-half of all murder victims "The leading cause of death for black males 25 to 34 is murder" he said Save 20 on Towle stainless Save 25 on Gorham stainless Save 33 on Lunt stainless Save 30 on Lunt silverplate Save 32 on 1881 Rogers silverplate Save 40 on 1847 Rogers silverplate Save 40 on Deep Silver silverplate Save 40 on Towle silverplate Save 40 on Reed Barton silverplate the law too In legal briefs the federal government is arguing broadly that in cases involving national or military security the courts should not apply the Constitution as strictly as in other kinds of cases If the Supreme Court accepts this line of reasoning its decision could be used to limit individual rights in any case where national security was said to he involved At issue in the present draft dispute is the Military Selective Service Act of 1948 a law that says "it shall be the duty of every male citizen of the United States between the ages of 18 and 26 to present himself for and submit to registration" at a time specified by the president No Americans have been drafted in the United States since the draft was abolished in 1972 by President Nixon But last year in the wake of the Soviet invasion of Afghanistan Stereotyped often victim t) 0 "Crime tends to be intra-age intraracial intra-socio-economic and intra-neighborhood" he said emphasizing that he was excluding white-collar and organized crime "The most likely scenario for a vie tim is not a little old lady hobbling along the street but a kid being pushed up against the (school) lavatory wall and having his or her lunch money stolen at the threat of vioknee" Empey said "Actually the likelihood that a person will be the victim of crime de creases sharply as one ages" he said The statistics he released show that the lowest rates of both violent crimes and of theft per thousand persona are those against persons 65 and older The next lowest are those for crimes against the 50-to-64 age group Although males of a given age are more frequently victims of crime than females in the same age group young girls are more frequently vic Time to come in and save on the stars of stainless and silverplate The names you know and trust at the prices you've been hoping for! 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