News from the Lone Star State

[TexasStooge]

Ex-informant gets 20 years in fake-drug scandal

Dallas: Alonso helped plant phony narcotics on innocent people

By ROBERT THARP / The Dallas Morning News

DALLAS, Texas - A Dallas man was sentenced to 20 years in prison Monday for his role in the 2001 fake-drug scandal in which crooked police informants profited by planting fake drugs on innocent people.

Daniel Alonso's prison term far overshadows other state and federal sentences handed down so far to other players in the complicated scheme.

Witnesses in the former police informant's trial testified that he was responsible for purchasing nearly 200 pounds of billiards chalk that was then pulverized and packaged to resemble cocaine. Mr. Alonso also helped plant the phony drugs and select unsuspecting people for arrest, according to court testimony.

Prosecutor Toby Shook argued that the informants were motivated by profit and didn't care that innocent people were being arrested and faced up to life in prison for the charges.

Mr. Alonso and five other informants received more than $440,000 cash from former Dallas police Detective Mark Delapaz, although the officer's reports documenting the payments are now in question.

"This is a man who knew what was happening to those innocent people," Mr. Shook said, referring to Mr. Alonso. "The plan was to get money, and he knew those people were going to go to jail for it."

Testifying during the punishment phase of his trial, Mr. Alonso maintained that he thought he was working to arrest real drug dealers and continued to deny involvement in the scheme. When confronted with a January 2002 statement that he made to an FBI agent in which he said whoever was responsible for arresting innocent people should face the maximum punishment, he said he still agreed.

Mr. Alonso's attorney, Russ Henrichs, said he thought that probation was the appropriate punishment and that prison would be a "miscarriage of justice."

"It would do no good whatsoever to send this man to prison," he said in closing arguments. "I don't even know if he'd survive."

More than two dozen people were falsely arrested in the series of fraudulent busts. Five of the victims waited outside the courtroom Monday as jurors spent two hours deliberating Mr. Alonso's potential sentence, which ranged from probation to 99 years in prison.

One of those wrongly jailed, Abel Santos, said he's pleased with the 20-year sentence.

"I think it's OK," he said. "We all have to pay a price for what we do. That's enough time for him to think about what he did and learn."

Jury foreman Norman Oliver said that the case was complicated and that jurors struggled to stay focused on the specific charges against Mr. Alonso and not consider the roles that other informants and police officers are accused of performing.

"Everything that everybody else did – the other officers and informants – we kept our deliberations to what was part of the evidence we heard in court," he said.

In the end, jurors agreed that Mr. Alonso had been a knowing participant in the scheme, although individual jurors initially had a range of feelings about how much punishment he deserved. The panel considered everything from probation to 50 years in prison during their two hours of deliberation, Mr. Oliver said.

In April, Mr. Delapaz was convicted of lying in search warrants and was sentenced to five years in prison. He remains free on bond while his conviction is under appeal. He faces another trial in January for one of more than a dozen other indictments related to his work.

Former Officer Jeffrey Haywood faces trial next month for a charge that he lied about performing a field test on one of the drug seizures. Two other former officers have been indicted on charges that include aggravated perjury, fabricating evidence and forgery.

Three of the informants have already pleaded guilty to federal civil rights charges and have received sentences ranging from 33 to 41 months in federal prison. Those three and two others also face organized crime charges. Those five may not face a jury trial because they have all admitted responsibility, but Mr. Shook vowed that they would still be punished.

"All of those people are going to face justice," he said.

[TexasStooge]

Coffee cups with gay author's quote pulled from Baylor Starbucks

WACO, Texas (WFAA ABC 8/AP) - Coffee cups with a gay author's quote about growing up homosexual have been pulled from Baylor University's Starbucks.

Dining contractor Aramark pulled the cups earlier this month from the campus store following an e-mail sent to Baylor's dining service, saying the quote was inappropriate at a Baptist University.

Aramark, which oversees the coffee outlet, consulted with Starbucks' district office and removed the cups to avoid offending others, Baylor officials said Monday.

"My understanding is it was a decision made by Baylor dining services staff, and I've not yet been able to trace it back to any Baylor administrators telling them point-blank to pull the cup," Baylor spokesman Larry Brumley said. "I think they were trying to be sensitive. Obviously, Baylor is a Baptist-affiliated institution, and Baptists as a denomination have been pretty outspoken on the record about the denomination's views about the homosexual lifestyle."

The quote from novelist Armistead Maupin reads:

"My only regret about being gay is that I repressed it for so long. I surrendered my youth to the people I feared when I could have been out there loving someone. Don't make that mistake yourself. Life's too damn short."

Concerned Women for America, a national Christian women's organization, says Starbucks is promoting a homosexual agenda with the cup.

Cade Hammond, president of the board of directors for the Gay and Lesbian Alliance of Central Texas, said he sees pulling the cups as unnecessarily restrictive.

[rainstorm]

Ex-informant gets 20 years in fake-drug scandal

Dallas: Alonso helped plant phony narcotics on innocent people

By ROBERT THARP / The Dallas Morning News

DALLAS, Texas - A Dallas man was sentenced to 20 years in prison Monday for his role in the 2001 fake-drug scandal in which crooked police informants profited by planting fake drugs on innocent people.

Daniel Alonso's prison term far overshadows other state and federal sentences handed down so far to other players in the complicated scheme.



Witnesses in the former police informant's trial testified that he was responsible for purchasing nearly 200 pounds of billiards chalk that was then pulverized and packaged to resemble cocaine. Mr. Alonso also helped plant the phony drugs and select unsuspecting people for arrest, according to court testimony.

Prosecutor Toby Shook argued that the informants were motivated by profit and didn't care that innocent people were being arrested and faced up to life in prison for the charges.

Mr. Alonso and five other informants received more than $440,000 cash from former Dallas police Detective Mark Delapaz, although the officer's reports documenting the payments are now in question.

"This is a man who knew what was happening to those innocent people," Mr. Shook said, referring to Mr. Alonso. "The plan was to get money, and he knew those people were going to go to jail for it."

Testifying during the punishment phase of his trial, Mr. Alonso maintained that he thought he was working to arrest real drug dealers and continued to deny involvement in the scheme. When confronted with a January 2002 statement that he made to an FBI agent in which he said whoever was responsible for arresting innocent people should face the maximum punishment, he said he still agreed.

Mr. Alonso's attorney, Russ Henrichs, said he thought that probation was the appropriate punishment and that prison would be a "miscarriage of justice."

"It would do no good whatsoever to send this man to prison," he said in closing arguments. "I don't even know if he'd survive."

More than two dozen people were falsely arrested in the series of fraudulent busts. Five of the victims waited outside the courtroom Monday as jurors spent two hours deliberating Mr. Alonso's potential sentence, which ranged from probation to 99 years in prison.

One of those wrongly jailed, Abel Santos, said he's pleased with the 20-year sentence.

"I think it's OK," he said. "We all have to pay a price for what we do. That's enough time for him to think about what he did and learn."

Jury foreman Norman Oliver said that the case was complicated and that jurors struggled to stay focused on the specific charges against Mr. Alonso and not consider the roles that other informants and police officers are accused of performing.

"Everything that everybody else did – the other officers and informants – we kept our deliberations to what was part of the evidence we heard in court," he said.

In the end, jurors agreed that Mr. Alonso had been a knowing participant in the scheme, although individual jurors initially had a range of feelings about how much punishment he deserved. The panel considered everything from probation to 50 years in prison during their two hours of deliberation, Mr. Oliver said.

In April, Mr. Delapaz was convicted of lying in search warrants and was sentenced to five years in prison. He remains free on bond while his conviction is under appeal. He faces another trial in January for one of more than a dozen other indictments related to his work.

Former Officer Jeffrey Haywood faces trial next month for a charge that he lied about performing a field test on one of the drug seizures. Two other former officers have been indicted on charges that include aggravated perjury, fabricating evidence and forgery.

Three of the informants have already pleaded guilty to federal civil rights charges and have received sentences ranging from 33 to 41 months in federal prison. Those three and two others also face organized crime charges. Those five may not face a jury trial because they have all admitted responsibility, but Mr. Shook vowed that they would still be punished.

"All of those people are going to face justice," he said.

thats disgusting

[TexasStooge]

Man who drove car into lake still sought

By JASON TRAHAN / The Dallas Morning News

DALLAS, Texas - Crews searched White Rock Lake on Tuesday for a man who drove his car into the water, then swam away from rescuers before diving underwater and disappearing, authorities said.

About 11 p.m. Monday, the man, who was not immediately identified, apparently veered his westbound Toyota Camry off Garland Road near San Rafael Drive, drove across a jogging trail, through some bushes and into the water.

Witnessed told police the man got out of his submerged car and began wading into deeper water. Before firefighters arrived, bystanders began yelling for the man to come ashore.

When firefighters jumped in to save him, he swam away, said Lt. Joel Lavender, a Dallas Fire-Rescue spokesman.

"They got one of his arms into a vest, but he got away," Lt. Lavender said.

Police pulled the car out of the water and are searching it for clues. The man had been staying with friends near White Rock Lake, fire officials said.

Dallas Fire-Rescue boats and a Dallas police helicopter aided in the search Tuesday but called it off at sundown.

[TexasStooge]

Some say zoning chief isn't Miller's call

Charter not crystal clear on who gets to appoint Plan Commission head

By EMILY RAMSHAW / The Dallas Morning News

DALLAS, Texas - Mayor Laura Miller raised eyebrows last week when she nominated Betty Culbreath – an opinionated political activist and the best-known black supporter of Ms. Miller's strong-mayor campaign – to Dallas' sweetest appointed spot: head of the City Plan Commission.

But while Dallas mayors have made this nomination to the influential zoning board in recent years, some argue that the responsibility actually lies with the Dallas City Council.

Two provisions in the city charter send seemingly conflicting messages 50 pages apart: one directing the mayor to appoint the chair, the other assigning the task to the City Council.

"I think we need to be true to how our charter allocates power," Mayor Pro Tem Don Hill said.

On page 56 of the charter, a section specifically titled "Zoning Commission" notes: "The City Council shall name one of the members to be the chairman and one to be the vice chairman."

But on page 104, under the heading "Appointment and Tenure of Board and Commission Members," the charter reads, "The mayor shall appoint the chair of each commission and board from among the members appointed ... subject to confirmation by a majority of the City Council."

City Attorney Tom Perkins, asked for a legal opinion this week, said that his office "does not believe there is a conflict" and that the mayor "does appoint the chair of each board and commission, including the Plan Commission."

And he said the language in both sections of the charter is accurate.

"The City Council does in fact name the chair of the Plan Commission because they vote on that appointment," he said.

He also said that his office had addressed this issue "on many occasions" but that there was no "internal inconsistency" and no plan to change the language.

Council member Leo Chaney said Tuesday he disagreed with the interpretation and would be asking the attorney for a written opinion.

And Mr. Hill and council member Angela Hunt, both lawyers, said their legal interpretation is that the council – not the mayor – should choose the chairman. The language in the "Zoning Commission" section is more specific than the language in the general appointments section, Mr. Hill said, "and when you have something more specific, that generally supercedes the other."

"The overriding issue here is, the charter envisions a process where the council would be the one to select the chair," said Mr. Hill, noting that he thinks Ms. Culbreath, a former chairwoman of the Plan Commission and the D/FW Airport Board, is very experienced and would make a good chairwoman. "Why we got started the other way, I don't know."

A short trip through the city history books may provide the answer. Throughout the 1980s and early 1990s, Plan Commission chairmen and vice chairmen were nominated – and appointed – at the request of specific council members, not the mayor.

In 1990, for example, council member Al Lipscomb nominated Ms. Culbreath to be chairwoman. The motion was unanimously adopted.

But by 1995, once Mayor Ron Kirk had taken the helm, the procedure appears to have changed. In official council action forms filed with the city secretary's office, Mr. Kirk notified the council that he planned to appoint Hector Garcia to serve as chairman. The appointment was contingent on "confirmation by a majority of the City Council as authorized in the city charter," the documents note. The confirmation was approved unanimously.

In 1991, the City Council switched to a 14-1 system of representation – the result of a court order. And some argue this is why the mayor started making the chairmanship appointments. But the language in the appointments and zoning sections of the charter was composed in the mid-'70s and did not change as a result of 14-1.

Ms. Miller, who read the two charter provisions on Monday, said she first made chairman nominations for boards and commissions in 2003, when she was re-elected mayor in a general election.

"That's how it's always been," she said.

The mayor has made no secret that she's nominating Ms. Culbreath to implement ethics reforms on the Plan Commission – measures that haven't found favor with several current commissioners and have yet to come before the council for a vote. The zoning board has been thrust in the spotlight since the names of three commissioners appeared in federal subpoenas served at City Hall.

One, D'Angelo Lee, resigned after a heated City Council debate spearheaded by Ms. Miller over whether to forcibly remove him. Ms. Culbreath spoke out against Mr. Lee for not stepping down sooner.

Ms. Culbreath "will do a great job helping us bring change on the Plan Commission and on the City Council," Ms. Miller said.

Ms. Culbreath, who was director of the Dallas County Health and Human Services Department until she retired in 2004, says she's up for the mayor's challenge. And though many council members seem to think she's qualified, she said she doesn't have to be chairwoman to do it.

"I believe the commission needs someone who can see through the forest," she said. "The mayor asked me to serve. It's not important to me what capacity I serve in."

Council member Mitchell Rasansky was confounded Tuesday when presented with the two charter provisions.

"Well, what else is new down here?" he chuckled.

District 3 council member Ed Oakley, who served on the Plan Commission for six years before being elected to the City Council, said he couldn't tell which rules to follow just by reading the charter.

"As long as I can remember, the mayor has appointed the chair," he said. "Betty is a good choice. She can be a lightning rod. She can be controversial. But I've always known her to be fair."

[TexasStooge]

State shifts gears on registration decals

By TONY HARTZEL / The Dallas Morning News

AUSTIN, Texas - Texas windshields are undergoing a makeover, but not everyone is happy with the results so far.

In the last year, the Texas Department of Transportation unveiled a redesigned vehicle registration sticker for the state's 18.4 million registered cars and trucks. But change, particularly on such a massive scale, has not been easy.

First, the state had to recall 1.2 million blank stickers after thousands of motorists could not peel them from their accompanying sheets. Many motorists also have complained loudly about the application instructions on the sticker form, prompting the state to form focus groups to help write new directions.

Adding further angst for the state: Officials are no longer sticking by their hopes that the new stickers will save money, at least in the short term. The old stickers cost less than 5 cents each to produce, and the new decals probably won't match that in at least the first year.

"The way it's looking, it may be more expensive," said Christina Flores, the interim spokeswoman for the Transportation Department's vehicle titles and registration division.

"There will be savings once we've had this thing going for at least a year."

Tax assessors in rural counties started distributing the new stickers last year. Texas' largest urban areas, which have two-thirds of all registered vehicles, began receiving the new stickers this summer.

Reasons for change

A state audit several years ago suggested the need for a new system, citing fraud, counterfeiting and security concerns.

The new decals are printed on demand, which makes blank stickers less attractive to thieves. When printed, the new stickers include a vehicle's license plate number, county of origin and partial vehicle identification number directly on it.

By far, the most complaints have come from the difficulty in pulling apart the sticker and its accompanying sheet.

The vendor, which contracts with the Texas prison system to produce the stickers, has adjusted the amount of silicone between the sticker and sheet so they can be pulled apart more easily. Most of those problems appear to be resolved, and the state and vendor try to check every box of sticker sheets before they are distributed, Ms. Flores said.

Having problems?

Vehicle owners who experience problems should notify officials immediately so stockpiles of blank sticker sheets can be checked for defects, said Collin County Tax Assessor Kenneth Maun.

"We're going to do whatever we can. We know there have been problems, but we will try to walk people through it," said Mr. Maun, whose office started issuing the stickers in June.

Mr. Maun's office also has taken precautions to help prevent the sheets from sticking, including stacking boxes of sticker sheets no more than two high. The pressure from the weight of the boxes could affect the ability to pull them apart, he said.

The new stickers didn't faze some motorists waiting last week in Richardson.

Frisco resident Shavak Ghadially successfully applied a new registration sticker to one of his vehicles and was ready for a sticker for a second vehicle on Friday.

"It took a little time for me at first, but I have no complaint," he said. "With new things, it takes some time, but you have to learn about it. You've got to learn something new to get something better."

After reading the instructions, Richardson resident Reda Chebaa was ready to make the sticker switch in the tax assessor parking lot.

"It looks weird," he said. "But as long as it sticks on my windshield, I'm fine."

[TexasStooge]

State Fair scraps petting zoo

Spiraling insurance costs cited

By KATIE MENZER / The Dallas Morning News

DALLAS, Texas - It's not the infamous E. coli that's forcing the State Fair of Texas to cancel its popular petting zoo this year. It's the insurance.

"We changed insurance companies this year, and the company we switched to had a higher deductible on petting zoos," said State Fair spokeswoman Sue Gooding. "The cost was prohibitive for us this year."

Several outbreaks of E. coli and other germs across the country in the past decade have sent hundreds of people – including many children – to the hospital and forced the closure of petting zoos at fairs and other events. Although State Fair officials said they've had no health problems associated with their long-running petting zoo, they decided Friday not to open the Children's Barnyard due to the increased cost.

The fair's insurer, AIG, did not return calls for comment Tuesday. None of the fair's other animal exhibits – including the livestock barns and the pig races – will be affected. The State Fair opens Sept. 30.

Sallie Weibel of Dallas, who said her family has made it a tradition to visit the State Fair at least once each year since it began in 1886, said she was heartbroken to learn that the petting zoo would be absent this year. She said the exhibit is a rare treat – both entertaining and educational for her two children, 7-year-old Caroline and 3-year-old Hudson.

"Kids nowadays aren't going to get to the farm. It's the only time they get to feed a goat or touch a pig," she said. "My son is going to be crushed. He loves it. I love it, for that matter."

Twenty-six people were hospitalized this year after visiting one Florida petting zoo, prompting officials to close other animal attractions in the state. About 180 people were reported sick last year after visiting the North Carolina State Fair.

In Texas, about 24 people were sickened in 2003 at the Fort Bend County Fair from contamination at an animal-holding area.

Many of the outbreaks nationwide have been caused by E. coli 0157:H7, a virulent new bacterial strain that lives in the gut of cattle, sheep, goats and other ruminants, according to the Centers for Disease Control and Prevention.

Humans can pick up the bacteria by petting animals or having contact with their manure. It's also associated with eating undercooked and contaminated ground beef, drinking raw milk, and swimming in or drinking sewage-contaminated water.

The infection can cause bloody diarrhea and, in rare cases, lead to kidney failure and death. Children under 5 are particularly susceptible to the disease.

In past years, Children's Barnyard – which featured more than 20 types of animals including young alpacas, llamas and kangaroos – provided hand-sanitizing gel and displayed signs prominently asking visitors to wash their hands after touching the animals.

Daryl Real, the fair's vice president for agricultural and livestock, said officials had planned to install more soap dispensers this year at the zoo and in the livestock area.

Jeff Bender, a Minnesota veterinarian who has helped the CDC with research on human-animal contact, said petting zoos can be healthy and rich learning environments as long as parents take their children's safety into their own hands – literally.

"The single most important thing is really going to come down to hand-washing," said Dr. Bender, a professor in veterinary public health at the University of Minnesota.

Because state and county fairs developed out of the country's agricultural roots, most have animal exhibits, and thousands have offered petting zoos and other attractions without incident.

Dr. Bender said the nation is seeing an increasing number of the illness outbreaks recently because new bacteria have developed and most people now live in cities, not on farms, and have not developed an immunity to the bugs.

State Fair officials said they plan to find another insurance carrier and reopen the petting zoo next year.

But for the time being, Mr. Real quantified his disappointment with losing the exhibit in one word: "Very."

[TexasStooge]

Texas woman's sues 'Extreme Makeover'

LOS ANGELES, Calif./CONROE, Texas (WFAA ABC 8/AP) - Deleese Williams believed her life would finally take a turn for the better when producers of ABC's reality show "Extreme Makeover" promised plastic surgery that would give her a "Cinderella-like" transformation.

Instead, Williams says, the producers ruined her life by building up her dreams, making her recall the most painful parts of her life and then axing her from the show the night before she was to go under the knife.

The show's producers subjected her to needless humiliation and drove her sister to suicide, according to a lawsuit she filed Sept. 9 in Los Angeles Superior Court. Williams, 30, of Conroe, Texas, is suing the network and its parent, The Walt Disney Co., for breach of contract, willful infliction of emotional distress and negligence. She is asking for unspecified damages.

Williams alleges that her sister, Kellie McGee, committed suicide over the guilt she felt after the show's producers goaded her into insulting Williams' appearance.

"The most tragic part is that Deleese is now too ashamed to even go out in public," her Houston-based attorney, Wesley Cordova, said Tuesday.

According to the suit, McGee, suffered from bipolar disorder, but Cordova said the show drove her to kill herself.

ABC issued a statement Tuesday, saying all participants on the show know in advance their makeover may not happen.

"The ABC Television Network wishes to express its sincere condolences to Deleese Williams and her family for the loss of Kellie McGee," the company said in its statement.

"In regards to 'Extreme Makeover,' all participants are made aware that if doctors or producers have any concerns about a procedure, the makeover will not go forward. ... The producers endeavor to handle each potential makeover participant with the utmost care."

After a dental surgeon said he would have to break and reset her jaw for a successful "makeover," Williams said in her suit, producers told her they were dropping her because the recovery time wouldn't fit into their schedule. She got the news just hours before the surgery was to take place, according to the suit.

Williams' case began in December 2003 when she applied to "Extreme Makeover" and was selected to meet with producers in Los Angeles.

There, Williams was videotaped recounting the ridicule she suffered as a child and her years in an abusive marriage to an ex-husband. Her current husband and sisters were also interviewed and encouraged to make disparaging comments about her looks, the lawsuit says.

She also met with a psychologist and numerous doctors who decided she needed "eye lift, ears pulled back, chin implant and breast implants," according to the suit.

"She knew that they could drop her at anytime, but she didn't believe they would," Cordova said.

Williams said she returned to Texas devastated. Four months later, her sister killed herself.

Last month, five orphaned siblings who appeared on "Extreme Makeover: Home Edition" also sued ABC, accusing the network of fraud and breach of contract. The siblings said the family that took them in after their parents died later drove them out of the nine-bedroom mansion that was built for them. ABC and the family have declined to comment on that suit.

[TexasStooge]

Partially undressed student, 5, spurs probe

By REBECCA RODRIGUEZ / WFAA ABC 8

FORT WORTH, Texas - S.S. Dillow Elementary, in southeast Fort Worth, is now at the center of a probe into a possible case of sexual molestation Tuesday.

Police said they are in the early stages of investigating the possible molestation of a 5-year-old girl at the school.

So far, there have been conflicting stories from the people involved, and the medical exam records are being reviewed. At the center of it all, is a frightened 5-year-old child and an upset family.

The child's family said no one had any idea anything was wrong, until they picked up the young child Tuesday afternoon. When they arrived at the school, a teacher told a family member that the little girl had been found in a restroom partially undressed.

However, once the child got home, a disturbing tale began to emerge.

"She said that she was in the bathroom and I said, 'With your clothes off?'" said the child's grandmother. "And she said yes. And I said, 'What was wrong?' She said, 'Someone took me in the bathroom and took my clothes off.'"

The child's mother soon called police and investigators arrived at the school late Tuesday afternoon. The Fort Worth Police Department's Care Team has been working with the child to try and determine what, if anything, happened.

Her grandmother said she is certain something did.

"And I said, 'What did they do to you?" she said. "And then she said, whatever they did to her, she said he hit her...And I asked her where, and she pointed to her arm."

"We have no reason to believe there have been any other incidents," said Robert Hurst, a Fort Worth Independent School District Spokesman. "There is a full investigation."

Despite the fact the incident is being investigated by Fort Worth police, the school has not made any effort to fully inform parents of the incident. The lack of information has some parents wondering why.

"The school should send out a letter with the kids and let somebody know something," said parent Portia Gipson. "That's wrong. They need to do better."

Whatever the outcome of the investigation, the child's grandmother said everyone deserves an explanation.

"I am concerned that something has happened at that school, and basically they are trying to cover it up," she said. "Why was a 5-year-old child upstairs, on the second floor and in a boy's restroom when she should have been taken by the teacher?"

[TexasStooge]

Grand Prairie brush fire spreading

GRAND PRAIRIE, Texas (WFAA ABC 8) - Fire crews are working to put out a large brush fire on Mansfield Road, on the west side of Joe Pool Lake in Grand Prairie.

The blaze has charred about 10 acres and is still spreading.

At this time, it appears the flames are not threatening homes or any other structures.

[TexasStooge]

Man who drove car into lake missing

By JASON TRAHAN / The Dallas Morning News

DALLAS, Texas - Crews searched White Rock Lake on Tuesday for a man who drove his car into the water, then swam away from rescuers before diving underwater and disappearing, authorities said.

About 11 p.m. Monday, the man, who was not immediately identified, apparently veered his westbound Toyota Camry off Garland Road near San Rafael Drive, drove across a jogging trail, through some bushes and into the water.

Witnessed told police the man got out of his submerged car and began wading into deeper water. Before firefighters arrived, bystanders began yelling for the man to come ashore.

When firefighters jumped in to save him, he swam away, said Lt. Joel Lavender, a Dallas Fire-Rescue spokesman.

"They got one of his arms into a vest, but he got away," Lt. Lavender said.

Police pulled the car out of the water and are searching it for clues. The man had been staying with friends near White Rock Lake, fire officials said.

Dallas Fire-Rescue boats and a Dallas police helicopter aided in the search Tuesday but called it off at sundown.


Image provided by Google Earth

[TexasStooge]

Narcotics unit cited in report from '98

Supervision, informant issues found 3 years before fake-drug case

By TIM WYATT / The Dallas Morning News

DALLAS, Texas - A routine internal police report pointed to lax supervision and sloppy tracking of paid informants three years before Dallas' fake-drug scandal erupted.

That 1998 document, written by a police lieutenant conducting a records review, noted problems similar to those found by an independent investigative panel looking into the 2001 scandal in which police informants planted drugs on innocent people.

But members of that panel say they never saw the earlier report. And police officials say they are not aware of it and have yet to find any record of it.

"If someone withheld the document from us – and it was related to the investigation – I have a problem with that," Ms. Levario said.

The 100-page report has surfaced in court documents filed this spring in a lawsuit against one of three former narcotics detectives at the heart of the scandal.

Though it cited no specific instances of misconduct or wrongdoing by officers, the report included several mentions of former Detective Mark Delapaz and problems found with his confidential informants using aliases or other people's Social Security numbers to get paid.

The document, written and compiled by Lt. Jay Cooper, also said:

•Identities of confidential informants didn't always match what detectives noted in their files; in 2001, officials learned that some informants were never documented in narcotics division records.

•Some informants appeared to be using aliases and other people's Social Security numbers to get paid; in 2001, the main informant in the scandal was an undocumented immigrant who used a false Social Security number.

•Pay sheets of informants sometimes lacked approval signatures from supervisors – and some payments were well over amounts that required signatures from higher-ups in the division. In 2001, informant signatures on pay sheets were forged, and supervisor signatures were dated after payment had already been made.

Many questions about the 1998 report remain unanswered, including who among police leaders knew of its existence, and why an independent panel investigating the scandal never saw it.

Police officials have been unable to confirm whether the report's author or his supervisors mentioned its findings or recommendations to Internal Affairs or other city officials in the last six years.

Mesquite lawyer Doug Larson included the report in a federal civil rights lawsuit filed in April by one of his clients against former narcotics Officer David Larsen. That case has yet to go to trial.

"The fact that the independent panel wasn't given the document shows how damaging this really was," Mr. Larson said. "It shows the department knew about this long before the problems arose publicly."

Lt. Cooper, who now works as a supervisor in the crime scene response section, did not respond to requests by The News to talk about to whom he showed the report or why it didn't surface until this year.

In a civil lawsuit filed against a Dallas Police Association official this spring, Lt. Cooper referred to the report, stating that it, "if it had been heeded, would have prevented the recent 'Fake Drug Scandal' in which numerous Spanish-speaking immigrants were unlawfully arrested" by Dallas police.

Lt. Cooper's report, which contains no cover letter or mention of who received it in the court filing, was not the first to unearth problems with the narcotics division.

In 1992, the shooting death of a narcotics officer prompted a closer look at how drug investigations were being run. A panel found that lax procedures on documenting, monitoring and paying confidential informants needed to be kept under close scrutiny.

Unlike Lt. Cooper's report, that report was reviewed by the fake-drugs panel. However, the panel investigators concluded that narcotics detectives and supervisors had either never been advised of the 1992 reforms or had disregarded or forgotten them by the time the 2001 scandal occurred.

Lt. Cooper's report was researched in 1996 and 1997 while he was assigned to the City Records Management Project, where he reviewed virtually every record-keeping procedure within the Police Department.

John Haley, a retired captain who supervised Lt. Cooper in 1998, said that he didn't remember his subordinate mentioning any problems uncovered in narcotics but that the lieutenant was known for being abrasive and stepping on people's toes.

"I was hearing from other people, other captains, that he was going around in their divisions ruffling feathers," Mr. Haley said. "And nitpicking on things.

"And some of them may have been justified. Some of them may have not," he said.

Mr. Haley said Lt. Cooper's abrasiveness may have contributed to some officials not paying close attention to his findings.

Mr. Larson, the lawyer, said Lt. Cooper's findings uncovered evidence that, if investigated after being turned over to the internal affairs division, would have shown misconduct at least three years before the fake-drug cases started being filed.

"Obviously, somebody went to great extents to keep it from the light of day," he said.

Mr. Larson said he received a copy of the report by a "city employee" in January and filed the civil lawsuit against David Larsen and the city of Dallas in April.

Dallas lawyer Nadine King-Mays tried unsuccessfully to have it entered as proof of deliberate indifference in the civil-rights trial against the city by her client, Victor Alvarado DeLeon, last week.

And a demoted police commander, partially blamed for lax supervision that allowed the fake-drug scandal to fester, cites the report in her lawsuit against Police Chief David Kunkle and city officials.

Lt. Dora Saucedo-Falls accuses police administrators of burying Lt. Cooper's findings and ignoring his warnings years before her January 2000 promotion to assistant chief by Terrell Bolton.

But other police officials who may have come across the report in their duties have since retired or don't remember any mention of problems Lt. Cooper uncovered.

Former Police Chief Ben Click said that if reliable leads had come from the original report, they would have been thoroughly investigated. But he doesn't remember the report.

"I may have seen it," he said. "But I sure don't recall it."

The head of the narcotics unit at the time of the report is retired and could not be reached for comment.

Officials in the Police Department's internal affairs division, which should have been notified if there was any evidence of wrongdoing, said they have yet to find any control number documenting or logging any complaint filed or referred by Lt. Cooper.

The former head of internal affairs in 1998, John Ferguson, declined to talk to The News. His wife said he "flushed" any memory of police business from his mind when he retired in 2000.

An internal affairs detective tied to the report through a 1998 memo said she remembers Lt. Cooper dropping off boxes of paperwork at the internal affairs offices but not what was in those boxes.

And Lt. Cooper's police supervisor in 1998 has also since retired and could not be reached for comment.

Ms. Levario said she has contacted other members of the panel to locate the report and find out why it never came up during the panel's yearlong review of police records and procedures.

Mr. Delapaz, the former narcotics detective, is appealing a recent conviction for lying in search warrants during the 2001 scandal. He and other officers face more criminal charges related to the case, as do several of the informants who planted bogus drugs on people.

Last week, one of Mr. Delapaz's informants, Daniel Alonso, was sentenced to 20 years in prison for planting phony narcotics on unsuspecting people who were then falsely jailed on drug charges.

Staff writer Tanya Eiserer contributed to this report.

[TexasStooge]

16 arrested in Arlington Internet pharmacy scam

Wholesalers duped, consumers gouged for $200 million, DEA says

By JASON TRAHAN / The Dallas Morning News

ARLINGTON, Texas - Federal agents arrested 16 people Wednesday in North Texas and Florida in connection with an Arlington-based Internet pharmacy scam that the government alleges has reaped more than $200 million in illegal profits.

Described as the largest investigation of its kind in the country, it is the culmination of a 2 ½-year investigation known as "CyberX," which centers on Rakesh Jyoti Saran, federal officials said Wednesday.

Mr. Saran, 43, of Arlington is described as the ringleader of a scam that officials said included duping prescription drug wholesalers into selling him and his cohorts painkillers, diet pills, anti-anxiety drugs and drugs containing codeine, among others, at deep discounts reserved for legitimate businesses selling to hospitals and other institutions.

The ring would then, according to prosecutors, peddle the drugs to individuals at up to four times the retail price through a network of 23 illegal Internet pharmacies. Warehouses for the drugs were within an approximate 15-mile radius of Arlington, officials said.

Federal officials allege that the enterprise generated about $50,000 a day in profits. Agents have identified millions in assets to seize, including 11 vehicles and seven properties. That includes Mr. Saran's huge house under construction in Arlington, plus others in Mansfield, Miami and Boca Raton, Fla.

"These people are a new kind of drug kingpin," said Karen Tandy, administrator of the U.S. Drug Enforcement Administration who was in Dallas on Wednesday to announce the arrests.

The operation "puts out of business cyber criminals who were selling powerful narcotics without legitimate prescriptions to anyone with a computer and cash," she said.

"These high-tech drug dealers were fueling addictions by selling the very drugs intended to prevent and treat ailments – not inflict them. Just as important, this operation makes more Americans aware that buying prescription drugs from these rogue Web sites is illegal and dangerous."

Ms. Tandy estimated that about 4,600 Internet pharmacies are offering illegal prescriptions online.

Federal officials said that none of the doctors who signed off on prescriptions without seeing the drug customer had been implicated in the criminal case yet, but hinted that could change and that some could face license suspensions. It was also unclear whether people who bought these drugs would be charged.

"The investigation is ongoing," said Richard Roper, U.S. attorney for the Northern District of Texas, whose office is prosecuting the CyberX cases.

Officials said the criminals were so brazen that they had a shipment of illegal prescriptions delivered to the Dallas DEA headquarters. The initials of the person "buying" the drugs: D.E.A.

In March, a Dallas federal judge sentenced Clayton Fuchs to 20 years in prison for leading a ring of doctors and pharmacists illegally selling prescription drugs over the Internet.

[TexasStooge]

Now, recess is child's play - for everyone

Irving: School adapts recreational equipment for kids with disabilities

By KATHERINE LEAL UNMUTH / The Dallas Morning News

IRVING, Texas – Sanh Nguyen laughs as he plays alongside his classmates at Keyes Elementary's new playground – something he couldn't do before.

On Monday morning, the 10-year-old boy rolled his wheelchair up a wide ramp and bridge past other screaming children. He reached the top of a slide and sat with special education teacher Kacey Cox for the ride down.

"I like the twisty slide," he said.

Slides are new to Sanh.

"He's scared to go down by himself," Ms. Cox said. "But eventually he'll go by himself."

The old faded playground on the other side of the school is quiet. Children with disabilities had difficulty maneuvering its border as well as its steps. (There were no ramps.)

Keyes is one of two schools in the Irving district designated to receive special education students with significant disabilities. The other, Johnston Elementary, has had a handicapped-accessible playground for some time.

So Keyes teachers and the principal decided to push for their own.

The new playground, which opened last month at the school on Britain and Grauwyler roads, cost $125,000, said Scott Layne, the district's executive director of facilities. It was paid for through special education funds.

Like Sanh, Jeide Castilleja, 12, is better able to navigate the new play area. Using a walker, she traveled up and down the ramp and tried the slide.

Other features of the adaptive play area include a Braille alphabet, some turning wheels, a climbing wall and a tube through which students can speak to each other.

Keyes principal Chris Morgan said it means a lot for the students to be able to play with their peers.

"Some of the kids who have never been out on the playground before, their eyes lit up," he said. "One of them started to cry."

For special education teacher Brandi Smith, pushing for the playground was a priority because she saw how being left out of play time hurt students. She recalled one girl with cerebral palsy.

"I would see her sitting on the outside while her friends played, and she had to watch," Ms. Smith said. "This particular young lady wanted to be out there."

Now, she said, all students can enjoy the benefits of the new playground.

"They have a lot more independence now, which is what we strive for," Ms. Smith said. "We want our kids to play, learn and work with regular students as much as they are capable of ...

"When you get them involved in playing, they're more likely to be more verbal, more willing to socialize and more relaxed."


DARNELL RENEE/Special Contributor to Dallas Morning News
Sanh Nguyen, 10, rides down the slide with teacher Kacey Cox on the adapted playground, which has ramps, a Braille alphabet, some turning wheels, a climbing wall and a tube through which students can speak to each other. 'I like the twisty slide,' Sanh said.

[TexasStooge]

Dallas housing among cheapest

By STEVE BROWN / The Dallas Morning News

DALLAS, Texas - The latest comparison of nationwide housing costs shows that Dallas is still one of the most affordable big-city markets in the country.

But Dallas tops other Texas cities in Coldwell Banker Real Estate Corp.'s annual Home Price Comparison Index released Thursday.

Thanks to a 13 percent jump in housing costs in the last year, the nationwide average for a house sold in a "typical middle-management neighborhood" is $401,767.

In Dallas, a comparable house will go for $261,325, according to the Coldwell Banker survey.

The study compares the current cost of buying a single-family home with 2,200 square feet, four bedrooms, 2 ½baths, a family room and two-car garage in 344 markets in North America.

"We continue to see strong appreciation across the country," said Jim Gillespie, president and chief executive of Coldwell Banker Real Estate Corp.

"It's the first time it's gone above $400,000" for the nationwide average.

But the ranking highlights the bargains in Texas, Mr. Gillespie said.

"Dallas is under $300,000 and you have Fort Worth and Arlington, which make the top 10 of most affordable markets."

Texas cities always fare well on the list, and this year is no exception, according to the nationwide home sales firm.

Not a single Texas city is even close to the national average.

At the most expensive end of the ranking, it's all California cities – including La Jolla, where the same house that goes for $148,610 in Fort Worth costs $1.875 million.

Even in Texas, some prices are up on Coldwell Banker's comparison.

Since last year, the cost in Dallas has gone up by about 11 percent.

Prices are also up in Fort Worth, Plano, El Paso and San Antonio.

Home costs were lower in Austin and Houston than in 2004.

The Coldwell Banker survey is most often used by relocating corporate workers to gauge what housing costs are in several U.S. cities.

"People also like to look at the comparison just for fun," Mr. Gillespie said.

[TexasStooge]

A&M bonfire suit to be heard in Plano

PLANO, Texas (WFAA ABC 8/AP) - Almost six years after a bonfire collapsed and killed 12 people at Texas A&M University, the 5th U.S. Circuit Court of Appeals was set to hear arguments Monday in a lawsuit filed by some of the victims' families.

Recent flooding in News Orleans prompted by Hurricane Katrina led to the case being transferred to the Center for American and International Law in Plano.

The appeals court will consider whether the state created danger with the building of the bonfire, a tradition at the school. Former A&M President Ray Bowen and other university officials are named in the suit.

The bonfire was constructed annually and burned on the eve of A&M's game with archrival the University of Texas. But in November 1999, the 59-foot stack of more than 5,000 logs came down while being built under the supervision of student leaders.

Sean Breen, whose brother Christopher Breen died when the massive stack of logs collapsed, is among those suing. Christopher Breen had graduated from A&M in 1998 but returned in the fall of the following year to participate in the bonfire tradition.

[TexasStooge]

Fort Worth cancels airshow

FORT WORTH, Texas (The Dallas Morning News) - For the first time in its 17-year history, the Fort Worth International Airshow has been canceled.

The airshow, scheduled for this weekend at Alliance Airport, has been canceled due to severe weather expected from Hurricane Rita. The airshow will not be rescheduled.

U.S. Air Force Thunderbirds notified airshow officials Thursday morning that they have been ordered to fly all planes and crew out of Fort Worth on Friday.

Airshow tickets purchased in advance are nonrefundable. The money will be donated to the Fort Worth Aviation Heritage Association.

[TexasStooge]

Homeless center plan still on city's agenda

Dallas: After Katrina effort, both sides shift attention to Nov. 8 vote

By DAVE LEVINTHAL / The Dallas Morning News

DALLAS, Texas - When thousands of unexpectedly homeless Hurricane Katrina evacuees flocked to Dallas this month, their plight immediately overshadowed a long-standing debate over how to care for the city's resident homeless population.

On Nov. 8, Dallas residents will vote on whether to approve Proposition 14, which would authorize $23.8 million in bonds to fund the creation of a full-service homeless assistance facility. Early voting begins Oct. 24.

But residents supporting or opposing the proposition acknowledge that acts of nature have temporarily muted their advocacy.

"The storm, yes, it's slowed us down. We've kind of taken a back seat," said Larry Hamilton, who owns a Dallas real estate development company. He organized the Heart of Dallas Partnership, which opposes a homeless facility built at the City Council's location of choice, in the southeastern corner of downtown.

Council member Angela Hunt, who supports building the center on the southeastern downtown site, said, "The entire city has been focused on the Katrina effort."

But expect the quiet to soon cease, both sides say.

The Dallas Citizens Council and the Greater Dallas Chamber are planning to produce brochures supporting a homeless assistance center, Mayor Laura Miller said.

The chamber, for its part, just organized a homeless assistance center task force that plans to work in support of Proposition 14 immediately, spokeswoman Jo Trizila said Wednesday.

Location at issue

Mr. Hamilton says his organization, which represents several dozen downtown business interests, has generated about $100,000 toward a fundraising goal of $500,000. In the next few weeks, the Heart of Dallas Partnership will use the money to "do it all, whatever it takes" to defeat the November proposition.

The only way that'll change, he said, is if the City Council changes its preferred location from the downtown site to one about a half-mile away, south of Interstate 30 at an abandoned business complex and field. Some downtown business owners argue that a homeless assistance facility within downtown's traditional boundaries would retard economic development in the city's center – a notion Proposition 14 supporters roundly reject.

"That issue, as far as I'm concerned, is put to bed," Ms. Miller said of the site. She noted that the council this month informally reaffirmed its support of the downtown location, which a city homelessness task force led by former mayoral candidate Tom Dunning also recommended this year.

Today, Dallas' homeless assistance facility is downtown in a chronically cramped former storefront that's open only during the day.

Increasing activity

To date, Mr. Hamilton's organization is the city's only political action committee dedicated to supporting or opposing Proposition 14, said Brooks Love, Dallas' elections manager. Political action committees must be registered with the city in order to launch an organized fundraising operation.

"But people are gearing up. We'll definitely start seeing groups get together," said council member Pauline Medrano, whose District 2 would be home to either suggested assistance center site.

Like most council members, she supports the downtown site, although she added that she plans to meet with Mr. Hamilton to address his concerns.

"We have to do something, and now. If we don't do something now, when are we going to do it?" Ms. Medrano said.

Ms. Hunt said, "And I hope at the end of the day, we can all come back together to create the best center we can."

[TexasStooge]

BREAKING NEWS

WILMER, Texas (WFAA ABC 8) - Northbound Interstate 45 at Mars Road in Wilmer is closed after fire destroyed a passenger bus. Fire officials say an explosion preceded the fire. At least five ambulances have been requested. The I-45 northbound service road is also closed. Northbound traffic is backed up 3 to 4 miles.

Go to WFAA.com for live streaming coverage of the I-45 Bus Fire.

[TexasStooge]

LBJ portion of High Five opens Friday

By TONY HARTZEL / The Dallas Morning News

It's showtime for the Dallas High Five.

DALLAS, Texas - After four years of break-neck-speed construction, the curtain will rise on a major portion of what already has become one of Dallas' most recognizable interchanges.

Starting Friday, crews will open all main lanes of LBJ Freeway in stages, giving motorists their first chance to drive straight through the High Five on all new permanent pavement. All LBJ lanes should be open by sometime next week.

And in about two months, the moment that hundreds of thousands of motorists have awaited will arrive. By late November or early December, all Central Expressway lanes will open, marking the essential completion of the $261 million project more than a year ahead of schedule.

"It has been a milestone project to build," said Praxedis Garza, the area engineer for the Texas Department of Transportation's northwest Dallas office and a former High Five project manager who has overseen construction from the beginning.

"It's definitely going to be an improvement to mobility."