News from the Lone Star State

[TexasStooge]

Fights, arrests mar King Day parade

By REBECCA LOPEZ / WFAA-TV

DALLAS, Texas - Thousands of people came to downtown Dallas Monday to celebrate the life of a man who preached about peace. Christian Jeremiah explained the message of Martin Luther King Jr. "He was letting the people know that he wanted them to be free so we could get along without fighting each other."

Some say Dr. King would have been disappointed about what happened at the parade in his honor. Several juveniles were arrested after disrupting the end of the parade and fighting. A police officer was injured trying to break up the fights.

"It's not the kind of event that would bring a smile to Dr. King about life today in the black community," Alison Robinson said.

Many African-Americans agree that while black-on-black crime is still a problem, Dr. King would have been proud of the accomplishments of his race over the last few decades.

We have black people working for the President of the United States. We couldn't even vote a long time ago, so that's one major thing right there," Robinson added.

Janice Pruitt said Dr. King's message is alive in the black community. She cheered as one community leader after another drove by. She said she is proud of her community but acknowledges there is always work to be done.

[TexasStooge]

Mayors urge Southwest to use D/FW

Miller says adding service there would offer fliers more choices

By SUZANNE MARTA / The Dallas Morning News

DFW INT'L AIRPORT, Texas - The mayors of Dallas and Fort Worth on Monday asked Southwest Airlines Co. to reconsider flying from Dallas/Fort Worth International Airport, either by partnering with another airline or by launching service there.

"It's yet another simple way to get more low-fare travel choices for our hometown fliers," said Dallas Mayor Laura Miller.

Last Thursday, Southwest officials said they excluded ATA Airlines Inc.'s eight D/FW flights from a marketing agreement to share passengers because they want flight restrictions lifted at Southwest's home airport, Dallas Love Field.

"We don't want to confuse the need to change the Wright amendment in any way," Southwest chief executive Gary Kelly said Thursday.

A Southwest spokesman said Monday that because ATA already flies from D/FW, the airport already benefits from the Indianapolis carrier's low-fare service.

Kevin Cox, D/FW's chief operating officer, criticized the Dallas airline's decision, saying it was "truly unfortunate for North Texas travelers."

In November, Southwest reignited a decades-old debate when it called for the repeal of the Wright amendment, which limits flights from Love Field to Texas and nearby states.

Opening Love Field would come at a bad time for D/FW, which is seeking tenants for 24 gates that will be vacated by Delta Air Lines Inc. on Jan. 31.

D/FW is offering up to $22.2 million to carriers willing to expand there.

Industry consultants said that although the incentive package was generous, few airlines could make such a commitment.

Southwest spokesman Ed Stewart said the airline had received the proposal but had not contacted the airport to express interest.

[TexasStooge]

Dallas VA hospital is nation's worst

Officials say they've eliminated most problems in federal report

By DOUG J. SWANSON / The Dallas Morning News

DALLAS, Texas - The Dallas veterans hospital is so dirty, dangerous and poorly managed, federal investigators have found, that it ranks as the worst such medical center in the country.

An inspector general's report for the Department of Veterans Affairs said the scores for the North Texas Health Care System place it last among all veterans facilities. The report assessed 80 percent of the system's performance indicators below the "fully satisfactory" level.

The flagship of the North Texas system is the Dallas VA Medical Center. Investigators there found that "most patient rooms and bathrooms we inspected were unclean." Also, floors and walls "had buildups of grime," and some stretchers displayed "dried residue suggestive of body fluids."

Those in charge "did not maintain a consistently clean and safe environment," the report said. And investigators found no evidence of a plan for better management.

The deadline for the system's formal written response to the inspector general is Wednesday. Hospital officials said they already have eliminated most of the problems identified in the report, which was released late last year.

"Frankly, that's the job of the I.G.," Dr. Robert Cronin, the system's chief of staff, said of the report. "They don't come and give you a pat on the back and say you're doing a great job.

"We got the message. We're working hard to correct those things. ... We've added a number of people to help us get the job done."

Alan G. Harper, who had been director of the VA's North Texas system for 14 years, left that position several weeks ago. Allen Clark, public affairs officer, said no conclusions should be drawn from the timing of the inspector general's report and Mr. Harper's departure.

"It was time for him to retire," Mr. Clark said.

Mr. Harper could not be reached for comment Monday.

The Dallas hospital complex covers 84 acres near Lancaster Road and Loop 12 in Oak Cliff. It is the center of a system that serves 38 counties in Texas and two in Oklahoma. Last year, the hospital had more than 13,000 admissions and almost 626,000 outpatient visits.

The system also operates an outpatient clinic in Fort Worth and a small hospital in Bonham.

Patient assessments

Some patients at the Dallas hospital last week gave it a range of reviews.

"It's the worst VA I've been in," said Joe Hillyard of Waxahachie. The 48-year-old Army veteran said he has been treated at five veterans hospitals for post-traumatic stress disorder.

He complained of long waits to see a doctor and delays in the filling of prescriptions at the Dallas medical center. "I was here at eight o'clock yesterday morning," he said. "I didn't get out of here until six o'clock in the evening."

But 80-year-old Jim Neatherlin of Paris, Texas, a patient since 1980, praised the hospital and its staff. "They always treated me real nice," he said.

And cancer patient Louis Powell, a 76-year-old Army veteran from Hurst, said he has high regard for the medical center. "They treat you real good, no problem," he said.

Report findings

The inspector general's report, however, cited a variety of shortcomings. Among them:

•There were unspecified deficiencies in a number of "high-risk processes," including medication management, restraint use, invasive procedures, resuscitation and mortality review.

•The system administration's quality management program "was not planned, systematic or coordinated." Managers did not "collect, trend or analyze mortality data."

•No one in management analyzed complaints collected by the hospital's patient advocate.

•"Not all patient injuries were recorded, and nurse managers did not receive reports relating to medication errors or falls."

•"Floors and walls had buildups of grime and the rooms had foul odors, suggesting they had not been thoroughly cleaned over a significant period."

•Intravenous pumps were dirty.

•Exposed electrical connections, such as uncovered heater switches, were found in patient bathrooms. Patients' refrigerators needed cleaning.

•In one unit, "the medication refrigerator temperature was consistently below the required range, possibly altering the effectiveness of the medications."

•Several crash carts – portable cabinets containing life-saving equipment to use in case of cardiac arrest – "were in disrepair and required tape to keep the doors closed."

•"An IV pole, soiled linen, a mop pail of dirty water, an oxygen tank and a biohazard can were inappropriately stored in the radiology dressing area. Radiology equipment was covered with thick dust."

•"We concluded there was no evidence of a planned, collaborative effort to improve organizational performance."

Dr. Cronin, the chief of staff, said inspectors "found more than we might have expected" but said improvements are under way.

"Frankly, we didn't pay enough attention to them," he said of the problems. "But we are now."

[TexasStooge]

Service dog harassment irks family

By TOYA LYNN STEWART / The Dallas Morning News

ARLINGTON, Texas – Cal the dog feels like anything but one of man's best friends these days.

Uncomfortable business owners have often kept the service animal for 6-year-old Kimberlin Holt, who has cerebral palsy, on a virtual short leash.

"We want to be able to go places and people don't freak out when we walk in," said Kimberlin's mom, Kim Holt. Mrs. Holt holds the dog's leash while Kimberlin holds onto Cal's harness.

"I've decided not to take him out as much, and I've made excuses not to because we've been harassed so much," Mrs. Holt said.

The Arlington woman says she feels badly for not taking Cal out, but she also feels badly when she is harassed or embarrassed in public.

Mrs. Holt's experience isn't uncommon, although there's no way to measure how often it happens, said Deb Davis, development and communications coordinator for Michigan-based Paws with a Cause, an organization that trains service dogs.

"It does unfortunately happen more times than we want it to," Ms. Davis said. "We run into access rights situations all of the time, even in federal buildings, even though it's a federal law."

The federal law is the Americans with Disabilities Act, and it entitles anyone who has a disability and a medical need for a service dog to be accompanied by the animal.

"Naysayers will question why the dog is there because they don't understand," Ms. Davis said. "It all comes down to a matter of education."

Jorjan Powers, public relations director for the Assistance Dog Institute in California, said some people who use companion dogs don't have an obvious disability, such as blindness. That causes some people to assume that the person is simply out in public with a house pet.

Like other service dog organizations, Assistance Dog Institute encourages clients to carry a copy of the law along with their dog's certification. In addition, it advises them to be assertive and courteous and to educate those around them.

But educating people about the law isn't always easy and doesn't come with guarantees, Susan Menzmer said.

Mrs. Menzmer, a Cleburne resident, has had a service dog for her son Austin for five years. A year ago, the 11-year-old boy had a seizure and was rushed to a Fort Worth hospital. Austin, who has cerebral palsy, and his mother were in with doctors. Her husband was at the emergency room doors with the dog, Lauren.

Both were denied access, she said.

It took several conversations and a look at the hospital's policy regarding service dogs before they were admitted, Mrs. Menzmer said.

The Menzmer family has also been questioned extensively at other places, including while vacationing in Galveston, she said.

In an effort to eliminate questions and possibly embarrassing situations, Mrs. Menzmer and Mrs. Holt say they have learned to call ahead to alert business owners.

But that doesn't always work, and it's not always practical if it's a quick stop.

Just ask Dallas doctor Julie Reihsen.

Dr. Reihsen, who is severely deaf without her hearing aids, has a hearing dog to alert her to sounds such as her phone and alarm.

She's had her dog, Odie, for five months and was recently asked to leave a local convenience store with her dog, she said.

"I went to get gas, and they basically kicked me out," she said.

Since then, she's had some trepidation about taking her dog out.

"I haven't tried to take him everywhere because I don't want to get kicked out," she said.

Mrs. Holt knows the feeling well.

Last week, she needed to go to Target. Her daughter, who had just finished a physical therapy session, and Cal were with her.

As Mrs. Holt approached the store, her heart was pounding furiously. She hadn't shopped at this Target location with the dog, and couldn't help but wonder if they would let her in.

The mother, daughter and dog walked in and shopped without incident or questions.

"I was nervous," Mrs. Holt said.

One of the best ways to overcome the nervousness is to take the dog out frequently, said Jackie Jelen, a puppy raiser for Canine Companions for Independence – the same California-based organization that supplied the Holts, Menzmers and Dr. Reihsen with their dogs.

"It's basically just educating the public," said Ms. Jelen, an Irving resident. "Cal and Kimberlin can go anywhere the public goes.

"Places that don't let him in or places that limit his access are violating federal laws," said Ms. Jelen, who has offered to accompany the Holts in public places until they become more comfortable.

Meanwhile, Mrs. Holt plans to take some steps on her own to get Cal more accepted.

She's visited a few schools and takes brochures or handouts with her wherever she goes. And she's vowed to spend more time with Cal in public places for the benefit of her daughter and others with companion dogs.

Kimberlin says she hopes more businesses will become receptive to Cal, who she said helps her climb steps and catches her if she stumbles.

"Cal is the best dog I ever had," she said, showering him with kisses. "He's even better than the rest of our dogs."

[TexasStooge]

Gunfire hits FW councilman's house for 2nd time

By BERT LOZANO / WFAA ABC 8

FORT WORTH, Texas - Fort Worth police now suspect a City Council member was the intended target of two drive-by shootings in just six months.

The latest occurred early Sunday morning as councilman Jim Lane and his wife slept in their home - and investigators suspect it was no accident.

From the street outside Lane's home, a gunman fired a single shot through a side panel of the front door. His wife discovered the bullet, embedded in the plaster just below the staircase.

"She said, 'our house has been shot again,' and I said I heard the shot and I didn't believe it," Lane said.

Sunday's drive-by shooting is the second time the restored historic home has met gunfire.

"My wife, my family and I don't deserve this," Lane said. "Everyone else that lives in this neighborhood up and down these streets does not deserve having someone feel free enough to be shooting at someone's home."

In August of 2004, Lane showed where eight shots hit his home from a drive-by shooting. At first it seemed random, but after this latest shooting police suspect the councilman is the intended target.

Detectives believe the shootings are connected to Lane's stand on increasing the city's gang unit to combat graffiti and violence.

"It wasn't an accident that this house was the one that was shot," said FWPD Lt. Mark Krey. "There seems to be a pattern where he makes a strong statement on that matter and his house is shot at."

Investigators said the caliber of weapons used in both drive-bys are similar, and a video surveillance tape has captured the suspect vehicle. The police department's gang unit is aggressively working on leads.

Police are now providing 24-hour protection outside Lane's home. But he said he will not back down, adding he has every confidence that police will capture the gunmen involved.

"If you let anything like this intimidate you or scare you, then they've won," Lane said. "We're not leaving ... they're leaving."

[TexasStooge]

Some still lack power, heat after gas fires

By BYRON HARRIS / WFAA ABC 8

PLEASANT GROVE, Texas - A Dallas neighborhood is recovering from a series of gas explosions that rippled from house to house Saturday evening.

They happened after a pickup truck hit a large roadside gas meter along Urban Avenue in Pleasant Grove.

Neighbors said around 11 p.m. they heard methodical blasts sounding like shotguns moving down the street. As many as six houses, perhaps more, caught on fire, and gas leaks ultimately forced 30 families to evacuate.

Abel Ortega was sitting in his living room - which now has a hole in the ceiling - when a whoosh came out of the utility closet. His water heater had exploded in fire, presumably from the accident which happened more than a mile away.

Another house on the block, which caught fire after the same surge, now sits gutted.

Ortega spent Saturday night in his car with his family, trying to keep warm. Last night, volunteers at his church put him up in a hotel, where the family will stay for the next two nights.

Ortega's family has no electricity; he said inspectors told him his whole house has to be rewired before that can happen, and he doesn't expect to get gas before he gets electricity. He's waiting for an insurance adjuster.

Meanwhile, Atmos Energy, which bought out TXU Gas in October, has crews moving through the neighborhood replacing gas lines damaged by the surge. Atmos spokesman Ray Granado said accidents like Saturday's are rare.

"As you build these things through the years, people build around them," Granado said. "We enhance our system at every opportunity we see."

Atmos said it will fortify the barriers around the gas meter that was damaged, and it will reevaluate the safety of gas meters exposed to traffic elsewhere.

But just in a casual drive through the surrounding neighborhood, News 8 spotted two small gas meters right on the street vulnerable to traffic. So, Atmos may have a lot of work to do, and they may want to pay some attention to families like the Ortegas, who won't have anywhere to live for several weeks.

[TexasStooge]

Officer On Paid Leave After Shooting Man Who Tried To Run Over Him

GRAND PRAIRIE, Texas (KXAS NBC 5) -- A Garland police officer is expected to recover from a traffic accident that sent him to the hospital Monday night.

The officer is on paid leave after shooting a suspect who he says tried to run over him Monday night.

The shooting happened in the 700 block of Northeast 23rd Street at about 11 p.m., NBC 5 reported.

Police said the officer was chasing a man in a stolen SUV when the suspect went down a dead-end street, turned around and rammed the officer's squad car.

Police said the officer jumped out, drew his weapon and fired on the suspect before the man could run over him.

The suspect is expected to recover.

[TexasStooge]

Three-Alarm Fire Sparked At Fort Worth Refinery

Damage Estimated At $800,000

FORT WORTH, Texas (KXAS NBC 5) -- A three-alarm fire in Fort Worth had the city's firefighters busy early Tuesday morning.

A refinery building owned by the Texas Refinery Corp., went up in flames shortly after 5 a.m. The fire quickly escalated to three alarms as firefighters worked for nearly 3 hours extinguishing the blaze.

Initial damage estimates are set at $300,000 to the building and another $500,000 for the contents.

Lt. Kent Worley with the Fort Worth Fire Department told NBC 5 that the building was mostly used for storage of equipment and packaging materials.

Firefighters said there were some chemicals in the building, industrial cleaning fluids and oil products, that posed a concern for firefighters. Hazmat crews were called to the scene to assist with the chemicals.

While the cause of the fire is unknown, investigators will begin pouring over the scene Tuesday in an attempt to determine what sparked the blaze.

There were no injuries reported as a result of the fire and the fire did not spread to any neighboring businesses.

[TexasStooge]

Bill Filed To Allow Hotel Bars To Serve Alcohol 24/7

AUSTIN, Texas (KXAS NBC 5) -- A bill has been filed in the Texas House that would allow hotel bars to serve alcoholic beverages 24 hours a day, seven days a week -- even on Christmas.

The bill by Democratic state Representative Harold Dutton of Houston would require only that hotel-bar alcohol sales be solely for on-premise consumption.

State law currently allows no 24-hour alcohol sales.

Licensed bars can sell mixed drinks and beer from 7 a.m. to midnight, while bars with special late permits can serve until 2 a.m. There are also restrictions on Sunday sales.

Dutton's bill would exempt hotel bars from all such restrictions.

[TexasStooge]

All-Mom Dallas Band Rocks House As Well As Cradle

Mamapalozza Festival Headed To Dallas

DALLAS, Texas (KXAS NBC 5) -- They're housewives, workaholics, PTA members and ... rock stars?

Women fighting to shatter the stay-at-home-mom stereotype and rediscover their youthful voice are forming bands, such as Housewives on Prozac in suburban New York, Frump in Dallas and Placenta in Oakland, Calif.

These moms rocking the house and the cradle sing about breast-feeding, exhaustion and making kids do their chores.

"I feel like what we do is remind people about their passion and that sense of importance and that sense of vitality," said Joy Rose, a 47-year-old mother of four who founded Housewives on Prozac in 1997. "Life is really short and it's important to live colorfully."

Mothers have struggled for identity and fulfillment for decades, growing more exasperated with their increasing career and child-rearing demands, said University of Michigan professor Susan Douglas, who co-authored the book "The Mommy Myth."

She said those feelings may explain the enormous popularity of the television show "Desperate Housewives" and the growing number of mom rock bands.

Rose estimated there are about 50 active mom bands across the country, with 20 of them having been formed in the past year.

"In our cultural common sense, what could be more opposite from the icon of mom than a punk rocker?" Douglas said.

Suzie Riddle, who has three children ages 19, 12 and 6, started Frump in 2001 as a gag for her 40th birthday party. A punk rocker in her youth and a children's librarian as an adult, Riddle hounded other mothers at her church and her daughters' school until she found three women willing to play along.

At first, they performed five songs, including "Suzie is a Headbanger" by The Ramones and "We're Really Beat," a song Frump guitarist Frances Peterson wrote to the tune of "We've Got the Beat" by The Go-Go's.

"See the mothers driving down the street, see their makeup melting in the heat, straight from work, the pantyhose are tight, It's take-out tonight," the song begins.

Three years later, the band has grown to five, adding new members as others have moved away. Frump now practices every Saturday night and performs about once a month at parties, churches, and community events, such as the Punky Mamas Christmas Bazaar in Dallas. Some of their songs are covers, some are original and some are a combination.

An original song, called "Pick Up Your Socks," warns kids "I'm not going to tell you again, and then I count to three, I'm starting to lose my tenuous grip on my sanity."

The band members even encourage their daughters to get involved. The girls formed their own band called Spawn and have played "Wild Thing" at two gigs with their moms.

"It is the best feeling in the world," said Frump lead guitarist Diane Harris, whose 11-year-old daughter Anna plays drums in Spawn.

Frump is still trying to forge an identity, teetering between being a novelty and a serious band, Riddle said. She'd like to add a second weekly practice and focus on cultivating a unique sound -- their playlist currently ranges from punk to folk.

But, she admits, any group that bills itself as an all-mom garage band is going to get a few chuckles.

"I am really proud of this and I'm proud of the attention that it's gotten us," she said. "It's kind of a silly idea and a lot of people have taken notice."

At the Punky Mamas bazaar, an audience of mostly middle-aged women and their children clapped and tapped their feet to Frump's music, even getting up to dance to "Twist and Shout." A few young couples on a Saturday evening date watched from the back of a half-full dance hall.

Julie Hougland of Lewisville came with her 6-year-old daughter, her 55-year-old mother and her 35-year-old sister. She said she was surprised by how much fun they had.

"How many venues are there where I can take my daughter and dance?" Hougland said.

Rose hopes the movement soon will catch on commercially as more people see mom bands in concert. Housewives on Prozac has recorded two CDs and a holiday CD single, which is available on Amazon.com.

Several mom bands will converge on New York City throughout May for the fourth-annual Mamapalooza festival. The festival, founded by Rose, will feature at least five days of events, including a free outdoor concert and a poetry and jazz night.

And for the first time, mini Mamapaloozas are planned for Dallas, Detroit, Nashville and San Francisco. The Nashville event will be held May 17-18, but the others haven't yet been scheduled.

"It's kind of been this whirlwind ride of mother rockers spreading the good word that life isn't over after 40, that music and creativity are still alive," Rose said.

[TexasStooge]

Local Dancers To Perform At Presidential Inauguration

FORT WORTH, Texas (KXAS NBC 5) -- The Lake Highlands High School Wildcat Wranglers are going to Washington D.C., to honor President George W. Bush this week.

The Country and Western Dance Team is one of the best in the country and will strut its stuff at the Black Tie and Boots Inaugural Ball on Wednesday night.

"I am so excited to be doing this, it's like a great opportunity for us to dance for the president -- we're all very firm Republicans so we've been looking forward to this for so long," said one student.

The dancers also got tickets to see the inauguration from congressman Jeb Hensarling, who went to the school for the sendoff.

[TexasStooge]

Crash Hospitalizes Garland Officer

GARLAND, Texas (KXAS NBC 5) -- A Garland police officer is expected to recover from a traffic accident that sent him to an area hospital.

The officer was on duty at the time of the accident and was driving west on Forest Lane when he was struck by another driver at the intersection of Shiloh Road.

The second driver was also hurt and was hospitalized.

Investigators told NBC 5 that they believe the driver may have been driving under the influence.

[TexasStooge]

Man Shoots Ex-Girlfriend's Boyfriend, Kills Himself

Wounded Man Should Survive

DALLAS, Texas (KXAS NBC 5) -- One man is recovering from a gunshot wound and the shooter is dead after turning the gun on himself, police said Monday.

Police told NBC 5 a man broke into his ex-girlfriend's apartment on Chaucer Place, shot her new boyfriend and then himself.

Doctors said the boyfriend is expected to survive. The woman and her infant child inside the apartment at the time escaped unhurt.

[TexasStooge]

Ashes Thrown In Trash Causes Weekend Blaze

DALLAS, Texas (KXAS NBC 5) -- Fire investigators said Monday sloppy housekeeping is to blame for the blaze at the Cliff Manor Apartments Saturday night.

Investigators said ashes thrown down a trash chute touched off the fire that forced residents from their homes and took 60 firefighters to put out.

Everyone escaped unhurt.

[TexasStooge]

Girls Back With Dad After Mom Amputates Infant's Arms

Girls' Mother Charged With Capital Murder

PLANO, Texas (KXAS NBC 5) -- The husband of a Plano woman accused of killing her baby has regained custody of the couple's two other children.

John Schlosser was reunited with his 9- and 6-year-old daughters Monday.

The girls spent the last two months in foster care after the November death of their baby sister.

Their mother, Dena Schlosser, is charged with capital murder.

John Schlosser's attorney said it would be a tough road ahead for the new family of three.

"He still loves his wife very dearly but he realizes that their relationship will never, ever be the same again. They will never, ever live in the same household again, he's lost a daughter, he's lost a wife," attorney Howard Shapiro said.

A judge required Schlosser's sister, an Adult Protective Services worker, to help care for the girls.

Child Protective Services will continue to monitor the case and provide counseling for the family.

[TexasStooge]

CHILD MOLESTER SENT TO HALFWAY HOUSE

DALLAS, Texas (KDFW Fox 4) -- A judge in Dallas released the city's most notorious child molester and confined him to a halfway house. David Wayne Jones admitted to molesting 40 children at a YMCA camp.

He served nearly 13 years in prison before he was released on parole last June. Prosecutors filed two more charges to put him back behind bars. But Friday, a judge threw out those charges, saying Jones was denied a speedy trial.

[TexasStooge]

Texas Attorney General files spam lawsuit

By BRANDI GRISSOM - Associated Press Writer

AUSTIN, Texas (KTVT CBS 11/AP) -- Attorney General Gregg Abbott filed the state's first e-mail spamming lawsuit Thursday, accusing a 22-year-old University of Texas at Austin student and his California business partner of sending hundreds of thousands of unsolicited, misleading e-mails.

"We want to make clear that these defendants we are suing today and any other illegal spammers in the state of Texas can't hide behind a computer screen any longer," Abbott said.

Ryan Pitylak heads the fourth-largest spamming operation in the world, Abbott said. The lawsuit alleges Pitylak, with Mark Trotter, his business partner in California, have been sending the e-mails since at least Sept. 1, 2003.

Lin Hughes, Pitylak's and Trotter's attorney, said her clients' took great pains to make sure the e-mails were legal.

The lawsuit seeks millions of dollars for violations of the federal Controlling Assault of Non-Solicited Pornography and Marketing Act of 2003, known as the CAN-SPAM Act. The act made illegal sending uninvited e-mails that could mislead recipients.

The lawsuit also alleges violations of Texas laws prohibiting unsolicited e-mail and deceptive trade practices. It asks a judge to stop LeadPlex Inc., LeadPlex LLC and PayPerAction LLC from sending e-mails.

Pitylak and Trotter began PayPerAction in 2002 and have operated the business under at least 250 different names, Abbott said.

According to the lawsuit, the e-mails contained official-looking subject lines such as "Re: your past due bills" and "Urgent: Household Loan Memorandum: Please Read." When recipients clicked on links in the e-mails, they were asked to provide personal information that Pitylak and Trotter sold to other companies for as much as $28 per reference, the lawsuit alleges.

According to Travis County tax records, Pitylak owns a $450,000 home in a an upscale Austin neighborhood. A brand-new BMW is parked in the drive. A woman who answered the door said Pitylak was out of town on business and would not be answering phone calls. Pitylak did return an e-mail, referring all questions to his attorney.

Pitylak and Trotter both sold their interests in the LeadPlex and PayPerAction to Hong Kong-based Eastmark Technology Limited, which is also named in the lawsuit, in March, their attorney said. Hughes said Pitylak and Trotter still act as consultants to Eastmark.

Hughes said her clients did not violate the CAN-SPAM Act. Each e-mail contains a disclaimer indicating the purpose is to gather information and a link allowing recipients to unsubscribe to the e-mails, as required by the act, she said.

"If you read the whole e-mail, then it's not misleading," Hughes said. "If you choose to read only part of something somebody sends you, you don't have much basis to say you're being misled."

While lawsuits against spammers won't stem the tide of e-mails flooding in-boxes nationwide, Jim Prendergrast, president of Americans for Technology Leadership, a consumer advocacy group, said it's a start.

"It's not going to all of the sudden reduce your spam by 30 messages," Prendergrast said. "But as we see more lawsuits, coupled with better technology and better consumer habits, I think we'll see that amount go down."

[TexasStooge]

Irving teen started young, plans to make a career of bowling

By JIM BARNES / Special Contributor to The Dallas Morning News

IRVING, Texas - Bowling has turned from family outing to career aspiration for Joey McKay. He can thank his mother for that.

Saturday nights at the lanes have turned into two or three nights a week practicing or competing in leagues. Now the 15-year-old Irving resident, who already has bowled four 300 games and two 800 series, has focused on making the pro tour.

"My life is about bowling," he said.

His mother, Betty McKay, remembers taking Joey to the bowling alley when he was only 3 years old.

"He had this little, bitty ball that didn't even have holes in it," she said. "But he would throw it down the lane."

Biologically, Betty McKay is Joey's great-grandmother. However, the 77-year-old said she has cared for Joey almost from his birth and formally adopted him when he was 3.

Joey turned the family's favorite pastime into an obsession, Betty McKay said. He joined a league at 6 and started working with a coach at 9.

When he is not competing in one of his three leagues, he can often be found practicing at the Don Carter Lanes on Composite Drive after completing his home-schooling for the day.

Betty McKay and her 57-year-old son, Jack, Joey's adoptive brother, oversee his lessons.

Adopting Joey "changed my life. I started all over again," Betty McKay said. "Raising children today is quite a bit different than it used to be, but I enjoy it."

Joey attended Sam Houston and Crockett middle schools in Irving before starting home school in ninth grade.

"I stay in touch with my friends," he said. "I talk to my best friend probably every day."

Betty McKay and Joey agree the first night they realized Joey could be a superior bowler came when he was 12 and rolled his first 300 game.

Betty McKay said Joey remained calm throughout the game.

"He keeps pretty well under control. He was very nervous, but he didn't show it," she said. "But as soon as he let the last ball go and he saw it was going to be good, he threw his arms in the air. He was so happy."

Joey said, "I never imagined being able to do that so early."

Joey's dream is to attend Wichita State in Kansas, which he said is regarded as the best bowling university in the country.

He plans to work his way up the ranks and take on older bowlers. However, rules allow him to compete in youth leagues until he turns 21.

"But I don't plan to do that," he said with a laugh. "I want to move on."

[TexasStooge]

Kidnap probe leads to Duncanville home

By CYNTHIA VEGA / WFAA ABC 8

DUNCANVILLE, Texas — A team of more than two dozen Dallas police investigators swooped down on a Duncanville residence early Wednesday looking for clues into the abduction of a Dallas man.

The family of the man said the abductors have contacted them seeking a ransom.

Police said no one was home when they served a search warrant in the 300 block of Royal Avenue in Duncanville. "However, there is evidence that needs to be processed," said Dallas police spokeswoman Lt. Jan Easterling. "There is more to learn as this scene gets processed here, and that's what we're waiting for is all the evidence techs to do their job."

Easterling said the search warrant was issued after intelligence was developed on the kidnapping case.

The kidnap victim was identified only as a 30-year-old Latin male. Police asked that the man's name not be released because they fear for his safety.

News 8 has learned from non-police sources that the victim belongs to a family that owns several restaurants in the Dallas area.

Police said the victim was on his cell phone—apparently talking to his mother—when his vehicle was hit from behind by another car. When the man got out of his car, two men who were in the other car grabbed him and took him away.

The kidnap victim's car then idled for about 15 minutes before witnesses called police.

Police said the suspects were driving a white Dodge Neon. The FBI is also assisting with the case. Authorities asked anyone with any information to call Dallas Police at 214-670-5146.

WFAA-TV's Rebecca Lopez and Brad Hawkins contributed to this report.

[TexasStooge]

Fire destroys Haltom City church

HALTOM CITY, Texas (WFAA ABC 8) - Fire destroyed the Centro Christiano Bet-El Church in Haltom City overnight.

Flames were already breaking through the roof of the sanctuary at 5800 Belknap Street when firefighters arrived around 11 p.m. Tuesday.

"They made an attack inside the building and were not successful," said Haltom City Deputy Fire Chief Wes Rhodes. "They had to back out and go to a defensive operation"

Rhodes said there was an initial problem with getting enough water to the fire scene. "That was one of the biggest challenges, meeting the fire flow requirements for a building of this size fully involved," he said.

While the water supply issue was resolved, there was no way to save the building, which officials said appears to be a total loss. Firefighters were able to salvage some musical instruments from the church.

No one was hurt.

Hurst, Richland Hills, North Richland Hills and Bedford fire departments sent manpower and equipment to help battle the blaze.

WFAA-TV photojournalist Mike Zukerman contributed to this report.