Waco area under wind advisory
The National Weather Service has issued a wind advisory until 6 pm for all of North Texas, including Waco and surrounding counties. Winds from the north to northwest of 25 to 30 mph are expected, with stronger gusts during daylight hours.
Home > Waco Breaking News > Archives > 2008 > September > 03
Wednesday, September 3, 2008
Waco city manager responds to police association comments
Waco City Manager Larry Groth has just released this response to the Waco Police Association’s news conference earlier today:
“We were very disappointed with the Waco Police Association’s Press Conference held this morning and its allegations against the mayor and council. The mayor and council did not accept the association’s request to meet with them because of ongoing negotiations in the meet & confer process between city management and the association.
“Our current agreement with the police association ends at the end of September and negotiations in the meet & confer process, which was requested by the association, is intended to establish the next agreement. The council was simply following the ground rules established by the process. Chief Brent Stroman briefed the council at a work session earlier this year on crime rates and department needs as we prepared budgets for the upcoming year.
“Public safety has been and continues to be a very high priority with this council and past Councils. This is evidenced by their past actions such as:
“1. Council recently approved the 2008-09 budget committing over $29 million towards the police budget, which is a third of the total general fund budget and 85 percent of property taxes;
“2. Approved the hiring of additional recruits to ensure the department will be at full strength;
“3. During the past five years, authorized 27 additional patrol officer positions and two additional sergeants including a new Street Crimes Unit.
“Safety of this community is extremely important to the council and city management. Crime is not acceptable at any level and Chief Stroman diligently works with city management and his command team to properly allocate resources. We were happy to see the latest UCR Report that indicates reported crimes are down by 9.56 percent during the first seven months of 2008 compared to the same time period during 2007.”
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Time to quit work: Waco family claims $30 million lottery prize
A longtime city maintenance worker — well, now a former maintenance worker — and his wife have claimed a $30 million Lotto Texas prize.
Ben Zilka quit his job today at the city’s parks and recreation department after he and his wife, Merri, bought the ticket worth $30 million.
The winning ticket was bought by Merri Zilka on Aug. 27 at EZ Shop, located at 3730 N. 19th St. in Waco, a Texas Lottery Commission spokeswoman said.
“It couldn’t have happened to a nicer guy,” said Rusty Black, head of the city’s park and recreation department where Zilka worked for over a decade. “He wasn’t extremely wealthy. From what I understand his family was having difficult financial times. Hopefully, he can use it to help them.
Black said he’s heard that Zilka already had plans for some of the winnings. Merri Zilka took the cash option when purchasing the ticket, so the couple will collect $19,433,607 after taxes.
“I understand he’s buying him a new truck. He had to get a ride today to work.”
Black said he hopes Zilka has a good financial adviser to help him manage his newfound millions.
“I hope he gets good advice and people don’t take advantage of him,” Black said.
Watch wacotrib.com for more details.
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Gustav evacuees leaving Waco as another hurricane boils up in the Atlantic
A group of 70 residential-care patients from Lake Charles, La., will begin the return home tomorrow morning after spending about four days at the Waco Veterans Affairs Medical Center.
The patients arrived at the VA Sunday after fleeing Hurricane Gustav. The group will leave at 8 a.m. to return to its health-care facility, Chennault Place, and will be accompanied by eight caregivers from its facility along with two VA nurses.
The Waco VA Medical Center plans to keep Building 91 in a state of readiness throughout hurricane season for possible future evacuations, VA officials said.
The patients’ return was announced today on the same day that Tropical Storm Ike was upgraded to a hurricane. Ike is currently churning westward in the middle Atlantic and is expected to reach the Bahamas by the weekend. Meanwhile, Tropical Storm Hanna is moving northward with its sights on the East Coast.
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Judge rules to keep Margaret Mills trial in McLennan County
PHOTOS
5:34 p.m. — The trial date has been set for Nov. 3.
5:17 p.m. — Judge Matt Johnson says he will stand by his first ruling to keep the trial in McLennan County, and that he will do what is necessary to ensure a fair trial.
5:14 p.m. — The defense returns to the comment apparently made on wacotrib.com about holding tailgate parties across the street from the courthouse. He said that mindset reveals how some in this community think this trial is “fun and games.”
5:10 p.m. — The defense asks the judge to reconsider his ruling that the trial remain in McLennan County. They say they have proven that Mills is not likely to get a fair trial because of the “pervasive and unprecedented” coverage, and because of a possible conspiracy against Mills. The defense says the cumulative effect of the coverage has had too strong an effect on public opinion. They said no theft trial has ever gotten this much attention throughout the community, and if any trial deserves to be moved, it is this one.
> More photos
4:42 p.m. — Barbara Elmore, author and former managing editor of the Tribune-Herald, takes the stand.
Elmore says she is acquainted with Mills, and that she interviewed her once. The defense asks if she thinks the coverage is unprecedented. Elmore said “probably.”
The defense asked if she was exposed to the community opinion on Mills. Elmore said she doesn’t think Mills can get a fair trial in McLennan County, and agreed that the coverage has led to some of the “vitriolic” opinions expressed on the Web. She said the latest she read were attached to the story about the change of venue hearing. She said the comments were “awful.” She later revealed she was reading this on wacotrib.com.
The defense asks if she read in the comments that there would be tailgate parties outside the trial. She said she hadn’t read that, but she may have heard it.
The prosecution asks if these comments are what the newspaper thinks. Elmore said no. The prosecution asked if these comments are like people talking in the town square, but are not the opinion of the Trib. Elmore agreed.
The prosecution asks if she thinks there is a conspiracy of influential people against Mills. She says yes, but can’t name these influential people. When asked how she knew this, she said she heard rumors.
The judge asked if Elmore thought the grand jury was fair, and Elmore said yes. The judge asked how she knew influential people are against Mills. Elmore said she read comments on the Trib that the Greater Waco Chamber of Commerce will bus people to the trial. The judge reiterated that potential jurors will be questioned, and people who have an opinion will be rejected. Elmore said it is possible people won’t be truthful. The judge asked if she means people will lie under oath. She said maybe.
The judge asked if it’s possible to find 12 people out of 200,000 who haven’t formed an opinion against her. Elmore said no.
The prosecution asked again about the rumors Elmore says she has heard. They asked if she heard anything specific about the prosecution being against Mills. Elmore said no.
The defense asked if the comments on the Web were in reaction to stories. Elmore said yes, it was on stories on wacotrib.com. The defense asks if these comments are available to anyone online. She said yes. They ask if people are more likely to reveal opinions anonymously. She said, of course.
The judge asks if she gives credence to anonymous letters. Elmore said not really.
4:30 p.m. — Ernesto Fraga, publisher of Tiempo newspaper, takes the stand.
The defense asks if the coverage of Mills’ alleged theft is unprecedented. Fraga says yes, and that he feels most people believe she is guilty based on the coverage. Fraga says he cannot comment on whether a trial in McLennan County would be fair.
The prosecution asks if Fraga covered the trial in his paper, and he says no.
4:25 p.m. — William Charles Treadwell, rector at St. Paul’s Episcopal Church, takes the stand.
Treadwell says people in the community have formed opinions against Mills because of media coverage.
The prosecution asks if there is a dangerous combination instigated against Mills that would make it impossible for her to get a fair trial.
Treadwell says there was a photograph of Mills behind bars in the Tribune-Herald, and that one of the police officers on TV said that he was sure Mills would be convicted. These things show why she can’t get a fair trial in McLennan County, Treadwell says.
4:18 p.m. — Douglas Brown, local businessman who was worked with Mills, takes the stand.
The defense questioning continues on the same lines as with previous witnesses. Brown says there is talk in the community about Mills, and this conversation means people have formed an opinion on her guilt or innocence. He says the vast majority of opinions are negative based on the media coverage.
The prosecution asks Brown how he is familiar with Mills. Brown agrees he has a familiarity with Mills that goes beyond the average citizen in Waco. Brown said there are individuals in Waco who would benefit if she is found guilty, but these people don’t “meet for breakfast and conspire” against her.
4:08 p.m. — Martha Campbell, wife of physician Jay Campbell, takes the stand.
Campbell is asked if she is exposed to coverage about the Mills case. She said yes. The defense asks if the coverage, combined with public discussion, has caused people to have opinions about Mills’ guilt or innocence and will affect her ability to get a fair trial. Campbell says yes, and agrees it is based on her familiarity with the media and the community in McLennan County.
The prosecution asks if Campbell talked to Mills about the case, and she said not specifically. The prosecution asks if Campbell has had conversations with people with Downtown Waco. Campbell says not specific conversations about the trial, but it is fair to say she has talked with them.
The prosecution asks if she believes a group of people are conspiring against Mills. Campbell says she always wants to believe in the best, but it is a possibility.
4:00 p.m. — Tom Moore, former lawyer in Waco, takes the stand.
The defense asks Moore about how the community perceives Mills and her guilt or innocence because of the media coverage. Moore says Mills can’t get a fair trial in McLennan County based on what it means to empower a fair and unbiased jury.
The prosecution asks if it is fair to say that Moore has information that couldn’t be obtained from the media, but rather from confidants of Mills. Moore says no. The prosecutions asks if there is a group of influential people who are against Mills in McLennan County. Moore says he doesn’t think there is a malicious group against her.
3:54 p.m. — Maurice Labens, retired appliance store owner and former city council member, takes the stand.
Defense asks if Labens has worked with Margaret Mills in development projects. Labens says he has supported projects Mills has worked on.
The defense asks if Labens knows about the allegations against Margaret Mills. Labens says “absolutely.” The defense asks if he is aware of conversations occuring about Margaret Mills in beauty parlors, super markets, etc. Labens says he doesn’t go to beauty parlors, but he said he talked to people at lunch who said they don’t believe Mills will get a fair trial in McLennan County. Labens also said he thinks it is impossible for Mills to get a fair trial in McLennan County.
The prosecution asks about Labens’ Internet activity. Labens says he’s never seen stories on the Web about Mills. The prosecution asks if there is a combination of influential people who are against Mills to prevent a fair trial. Labens says everyone is influential in a way, but there is a degree of opinion from “she is guilty” to “she should be hung” in the community.
The judge asks if people he talked to at lunch are fair-minded people. Labens said he has talked to many that believe she won’t get a fair trial. Labens says most people believe she is guilty. The judge says if people say they think she is guilty, those people would not be allowed on the jury. Labens says he would question the truthfulness of some people chosen for jury duty who would say they have no opinion.
3:25 p.m. — Margaret Mills was asked to go back through the metal detector because she came in through a back entrance at the beginning of the hearing.
3:13 p.m. — Carlos Sanchez, Tribune-Herald editor, takes the stand.
The defense asks if the Trib has given as much coverage to a theft case as this one. Sanchez says no. The defense asks if Sanchez asked reporters and photographers to stay outside Mills’ house all night before the indictment. Sanchez says yes.
The defense asked what story he was trying to get. Sanchez says no particular story.
The defense asks about the Web site and about reactions from the public on the Web site. Sanchez says some of the messages were biased, but if they were inflammatory, the Trib tried to pull them down. The defense says, “so there are no inflammatory comments?” but Sanchez says just because they try doesn’t mean they got them all.
The defense asks about a story by reporter Erin Quinn, pointing out a description about Mills that mentioned her “French pedicure” and her state of dress. Sanchez said it was a factual detail. The defense asks why mention her dress and “coiffure?” Sanchez says in the trial of Darlene Gentry the state of dress was mentioned. The defense asks if these descriptions only apply to women. Sanchez says these are the only two cases he could recall.
The defense asks if it is typical to talk about the appearance of suspects in a criminal trial. Sanchez says he needs to go through the entire list in the story to be sure. The defense reads off the things mentioned in the story: her hair, color of slacks, color of blazer, belt, shoes, fingernails and toenails. Sanchez said none of these items were normal to mention.
The defense asks if it matters whether the subjects of the case are affluent or poor. Sanchez says he can’t answer that. The Trib reported these things because details are interesting, he says.
Sanchez agrees he has made editorial comments that the trial should be moving faster.
The defense asks if Mills’ picture has appeared in the paper about 13 times. Sanchez says that number is low.
The defense asks if the Trib ever had anyone on the front page with an $8,000 tax lien. Sanchez says the Trib may have on a story about state Rep. Charles “Doc” Anderson.
The defense asks if any other theft in McLennan County has produced 57 articles. Sanchez says no.
The prosecution asks if Sanchez has an opinion that Mills cannot get a fair trial. He says he has no opinion.
2:30 p.m. — Garret Schlessinger, NewsTalk 1230-AM morning host, takes the stand. The defense asks why his DJ name is Garret Lewis. He says because Dr. Laura has a claim on Schlessinger. The defense asks Schlessinger why he used the word “hoot” to describe the hearing on this show this morning. Schlessinger said he didn’t use the word “hoot,” but didn’t remember what word he said.
The defense asks if this hearing is regarded as a joke, and if the 1230 Web site used a photo that portrayed Mills with Guantanamo Bay detainees. Schlessinger says he doesn’t know what he is talking about. The defense brings up the photo. Schlessinger says the photo was likely posted by a Web user.
The prosecution objects to a line of questioning about the picture. The defense claims the photograph shows a public bias against Mills. The judge overrules the objection.
The defense asks if a sarcastic attitude toward Mills demonstrates an opinion. Schlessinger says he has an opinion about the story, not on the charges against Mills.
The defense asks Schlessinger how many times he has talked about Mills, but he can’t say for sure. The defense continues to press Schlessinger, asking if he makes fun of Mills to entertain the public. He says sometimes.
The defense asks if he wants the jury to be against Mills. Schlessinger says he didn’t say that.
2:16 p.m. — Don Bradley, KCEN-TV, Channel 6, news director, takes the stand. The prosecutor asks Bradley if he has a opinion on whether Mills will have a difficulty getting a fair trial in Waco. He says he hasn’t been here long, but it is possible. He says he is not aware of efforts to sully Mills’ name.
2:11 p.m. — Dennis Kinney, KXXV-TV, Channel 25, news director, takes the stand. The defense asks if in his experience, has his station given more coverage to this than to any other alleged crime of theft. Kinney says he is not aware.
The defense says the coverage has been about the process. The investigation prompted curiosity because it has dragged on so long, Kinney said. He says there also was discussion on whether she got the same treatment as a “regular Joe-type person.” The defense asks if the defendant’s status will hurt her in getting a fair trial. Kinney says he isn’t qualified to answer.
The defense says interest in this case goes beyond just the process, it involves amounts of money. They ask Kinney if he has heard exact amounts of money. He says he isn’t sure.
2 p.m. — Virgil Teter, vice president of news at KWTX-TV, Channel 10, takes the stand. He says he does not believe the coverage will prevent Mills from getting a fair trial.
1:56 p.m. — The judge denies the defense motion to transfer venue, but allows the defense to call witnesses to the stand.
1:55 p.m. — The prosecution argues that to justify a change of venue based on media coverage, the defense must prove the coverage is inflammatory.
1:50 p.m. — The defense requests a change of venue, stating that coverage of “the Margaret Mills matter has been unprecedented in McLennan County.” Her attorneys claim there has been more coverage of this case than any other events in the area with the exception of the Branch Davidian siege and the Lake Waco murders. This saturation will make it too difficult to find jurors who haven’t been “besieged by media coverage,” the defense stated.
1:35 p.m. — Judge Matt Johnson has ruled that a pool videocamera will be allowed in the courtroom. All other cameras are prohibited.
1:32 p.m. — The hearing has begun; Margaret Mills has entered the courtroom. The defense has requested the motion not to have cameras in the courtroom be discussed first.
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Diesel spill on Interstate 35 in Waco
Emergency officials are dealing with a diesel spill on Interstate 35 near the Lakes Brazos Parkway exit, according to the police scanner.
Sounds like the diesel spill has made it slick along about a mile stretch of the northbound lanes. Someone on the scene said some of the diesel was beginning to run off into the drainage ditch.
According to chatter on the scanner, a pipe in the roadway caused a truck to spill the diesel.
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Hit us with your ‘Best Shots’ choices
Be sure to check our photo slideshows from last weekend’s high school football games and vote for your favorites here.
Will the photo at right be this week’s winner in the “Tenacious tackle” category? Other categories are “Funniest photo,” “Best school spirit,” “Cutest kids,” “Sweetest smiles,” “Mightiest mascot,” “Coolest QB” and “Flashiest run.”
We’ll have a new batch of photos every Monday, so keep coming back and vote often!
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Waco Police Association wants more resources to fight crime
The Waco Police Association has taken its case for more resources to battle violent crime in Waco to the steps of City Hall.
Anne Cyr, the association president, said in an 11 a.m. news conference on the Waco City Hall steps that it has been rebuffed in attempts to meet with the mayor and city council on the issue. Cyr said the group has sent three letters to the mayor and city council and received two rejection letters and no response to the third.
She said Waco officers need more resources to fight violent crime in the city, but didn’t specify what resources are needed.
Cyr added that the association has begun running commercials on local stations starting today. The commercial also is on the group’s Web site, wacopa.org, which says that Waco is the seventh most violent city in Texas, according to a 2006 report that is on the site.
The commercial is below. It touts headlines from the Trib as examples of the crime problem. Small point, though: The headlines in the video aren’t exactly what has been in the newspaper. We don’t put exclamation marks in our headlines as two of those indicate, nor do we capitalize most words in our headlines.
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Defense rests in Coble retrial
The defense has rested this morning in the punishment retrial of convicted murdered Billie Wayne Coble.
The trial is taking the rest of the day off, but will resume at 8:30 a.m. Thursday in the 54th State District Courtroom with one last witness for the prosecution who has been unavailable earlier. After that, the case will go to the jurors for deliberation.
Coble, 59, did not take the stand. After more than 17 years on death row, his death sentence in the August 1989 deaths of Robert and Zelda Vicha and their son, Waco police Sgt. Bobby Vicha, was overturned by a federal appeals court. His conviction was left intact but a new punishment trial was ordered.
He sobbed during testimony from his 35-year-son, Gordon Wayne Coble, who described his life growing up with his father.
Coble’s son, who goes by G.W., was born to Coble and his first wife, Pam. G.W. testified that he never was beaten by his father, but was abused by other men in his mother’s life.
He talked about the things he did with his father, such as hunting, fishing, playing football, and outings to Lions Park.
The defense also asked whether his father taught him gun safety. G.W. said he did.
During cross-examination by the prosecution he admitted to seeing his father hit his mother only once, when he was 7. He said he tried to pull his father off his mother during the attack, but couldn’t.
Prosecutors then displayed a police photograph of his mother with bruised eyes and a broken eye and asked him if that’s what she looked like after the beating. He said yes.
In describing discipline from his father, G.W. said, “I held my dad in such high regard, a look of disappointment from him would just about bring me to tears.”
He said he met Bobby Vicha at his father’s wedding to his third wife, Karen, and that he went to school with a lot of the grandchildren of Robert and Zelda Vicha. He described the older Vichas as nice people.
G.W. Coble also testified about his father’s willingness to help others, saying that he’d give the shirt off his back to anyone and he never met a stranger. G.W. Coble then offered several examples, such as stopping to help people stranded on the side of the road.
The morning’s other defense witness was Marilyn Finley, who worked with Billie Wayne Coble’s second wife, Candy, at H-E-B and a gas station in the 1980s.
She testified to seeing Candy playing pinball with other men at the gas station and being “flirty.” Finley said she didn’t recall seeing Coble act violently, and that Coble wasn’t romantic toward her.
She said Coble would take her son hunting and camping and to the National Guard Armory.
Click here for Tuesday’s testimony in the trial.
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Hearing on Detroit mayor today
Gov. Jennifer Granholm opened an extraordinary hearing today to determine whether Mayor Kwame Kilpatrick committed misconduct and should be removed from office in a scandal over steamy text messages and a multimillion-dollar legal settlement.
Granholm gave brief opening remarks after Kilpatrick’s lawyers failed the day before to persuade courts to stop the hearing, which drew members of the public as early as sunrise to a state office building.
Granholm will hear evidence over allegations by the Detroit City Council that Kilpatrick misled it when it approved an $8.4 million settlement with fired police officers. Council members say they didn’t know the deal also covered up steamy text messages between Kilpatrick and his top aide, Christine Beatty, on city-issued pagers.
Michigan governors have a constitutional authority to remove elected officials for misconduct, but the target never has been the leader of the state’s largest city.
— Associated Press
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Bush to examine Louisiana hurricane damage
President Bush is keeping hands-on in the aftermath of Hurricane Gustav, in contrast with his administration’s slower response to the more devastating Hurricane Katrina three years ago.
Bush left the White House today for a briefing at an emergency operations center in Baton Rouge, La., two days after checking on command centers in Texas as the storm unfolded.
“We are thankful that the damage in New Orleans and across the Gulf Coast was less than many had feared,” Bush said on the eve of his return to the area.
— Associated Press
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Waco chamber chief gets Green Hero honor
Greater Waco Chamber of Commerce President and CEO Jim Vaughan is being honored by the National Audubon Society’s Together Green initiative for his part in creating the first green chamber of commerce building in America.
The new chamber headquarters that opened this summer is seeking LEED (Leadership in Energy and Environmental Design) certification from the U.S. Green Building Council for its energy efficiency, natural lighting and sustainability. The building also has a “living” roof.
In a release, Vaughan said, “I’m pleased to be recognized, but I’m especially pleased that the word is getting out that Waco is taking a lead in sustainability.”
For more information, visit TogetherGreen.org.
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‘In Like Quinn’ visits with Baylor fans
Our intrepid reporter Erin Quinn mingled with fans before Baylor football kicked off its season last week again Wake Forest. Check it out below.
For more Baylor football coverage, go here.
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Man accused of killing 6 in Washington state shooting spree
Tragic story out of Washington in which six people were killed during a shooting rampage allegedly by a man with a history of mental illness.
The man’s mother described her son, who surrendered after the shootings, as “desperately mentally ill” and said the sheriff’s deputy he’s accused of killing had tried to help the family for years, according to an Associated Press story.
State Department of Corrections officials identified the gunman in Tuesday’s deadly spree as Isaac Zamora, 28, who had just served a six-month jail sentence for drug possession in Skagit County, in northwest Washington.
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Historic Waco Foundation houses open to Gustav evacuees
Historic Waco Foundation is opening its four house museums today for free tours for evacuees of Hurricane Gustav in Waco. It’ll give them a way to pass the time before they return home.
The house museums will be open from noon to 3 p.m. Those with questions can call Historic Waco Foundation at 753-5166. More information can be found on the foundation’s Web site.
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Pakistani leader safe after snipers fire on car
Snipers fired on the motorcade for Pakistan’s prime minister on Wednesday as it drove to the airport to pick him up, striking his car window at least twice, officials said. Neither the prime minister nor his staff were in the vehicles.
The assassination attempt comes as Pakistan’s new civilian government — under pressure from American officials — is cracking down on Islamist militants after ousting U.S. ally Pervez Musharraf from the presidency.
At least two bullets hit the front window on the driver’s side of Yousuf Raza Gilani’s limousine on the main highway linking Islamabad with the nearby city of Rawalpindi, officials said.
— Associated Press
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Singer-actor Jerry Reed dies
Jerry Reed, whom I remember well from the “Smokey and the Bandit” movies and led the way for singers also to perform in movies, has died.
His longtime booking agent, Carrie Moore-Reed, no relation to the star, said Reed died early Monday of complications from emphysema at age 71.
Reed and Kris Kristofferson paved the way for Nashville music personalities to make inroads into films. He was a gifted guitarist who later became a songwriter, singer and actor, according to the Associated Press.
Among my favorite Reed songs were “When You’re Hot, You’re Hot,” “East Bound and Down” (best remembered from the “Smokey and the Bandit” series) and while not as popular, I enjoyed “She Got the Goldmine (I Got the Shaft).”
And here’s Jerry Reed in a Scooby-Doo cartoon (too bad I can’t find a clip of him in “The Waterboy”) …
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Breeze feels nice; almost like fall
I could get used to mornings like these … a northwest breeze under overcast skies. It feels like fall conditions even if we’re really nowhere close to that season.
It’ll be mostly cloudy today, with a high near 88 degrees. The usual high this time of year is 94. That northwest wind will be around 15 mph, with gusts as high as 20 mph.
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