News from the Lone Star State

[TexasStooge]

13 arrested after fight at McKinney High School

By KAREN AYRES / The Dallas Morning News

McKINNEY, Texas – Thirteen girls were arrested and charged with inciting a riot at McKinney High School on Wednesday after a lunchtime fight broke out in the cafeteria, according to police and school officials.

No one was seriously injured in the melee.

School officials said the fight began with dispute between some of the girls on Tuesday night that escalated by 1 p.m. Wednesday. It’s unclear what sparked the original squabble, officials said.

“There was some slapping, hair pulling and scratching, but as far as punches thrown, there was nothing like that,” Principal Donna Rother said.

District and police officials did not release the names of the students Wednesday.

“We often have little scuffles and things like that, but nothing of this magnitude,” said Capt. Randy Roland, spokesman for the McKinney Police Department. “Usually we think of guys fighting, not girls.”

After the fight broke out, two police officers assigned to the school decided to call for backup.

“As a district, it’s not always our job to determine the level of severity of an incident,” said Cody Cunningham, the district’s spokesman, who added that the girls apparently live in the same neighborhood. “That’s why we have school resource officers.”

Nine students were charged as adults because they are older than 17. They were taken to Collin County jail Wednesday afternoon. The rest of the students face juvenile charges and were taken to the Collin County Juvenile Detention Center.

Inciting a riot is a misdemeanor punishable by up to 180 days in jail. All of the students will be suspended until investigations are finished. The students could be placed in an alternative school or face other punishments, district officials said.

The school sent an email to parents to tell them about the fight, noting extra police patrols were requested after school Wednesday to watch for other problems.

[TexasStooge]

Family believes pedicure led to woman's death

By BRAD WATSON / WFAA ABC 8

Something as simple as a pedicure is said to have been the cause of Kimberly Jackson's death.

A MRSA staph bacteria that's sometimes found in nail salons is very aggressive. Usually it causes open sores that take strong antibiotics over weeks or even months to knock down.

However, in some cases MRSA can lead to death and the family of the Fort Worth woman said that's what happened in this case.

Her husband, David Jackson of Fort Worth, said he still can't believe his wife is gone, and the cause of her death only adds to the agony.

"Something so stupid like a pedicure took her life," Jackson said.

The death certificate signed by the JPS Health Center doctor who treated her showed Jackson died from a heart attack due to a staph infection on her foot that infected her blood.

"She couldn't get it healed no matter what she was doing, and the antibiotics just wouldn't stop it," Jackson said.

Jackson's family said she went to a Fort Worth salon last July for a pedicure in a whirlpool foot spa. Jackson, a paraplegic, could pull her wheelchair up to the tub according to close friend and neighbor Patricia Mathis.

"She had said she had gone to get a pedicure and that they were all sitting there talking and she looked down and the girl had the pumice stone turned on the corner edge and she pulled back and Kim saw blood," she said.

Medical records obtained by News 8 showed that over the next seven months the JPS doctor at a clinic treated Jackson for the MRSA staph infection on her foot from the cut.

MRSA is an aggressive bacteria resistant to common antibiotics and is sometimes found in the water of salon foot spas that are not disinfected properly.

The doctor put Jackson on a cocktail of strong oral and intravenous antibiotics.

"It got pretty big and she got pretty scared she was going to lose her foot," Mathis said.

But on Feb. 12 the 46-year-old woman lost her life.

At her funeral, friends and family remembered Jackson as the mother of a 17 -year-old boys, twin 13-year-old boys and the wife of a man who took care of her after she lost the use of her legs 6-years-ago.

"It's hard," Jackson said. "Nobody has a clue. I mean everybody can say, I can only imagine. It's hard...It's real hard."

The family said it knows the salon where Jackson picked up the cut, but wants to confirm it through bank records.

The Texas Department of Licensing and Regulation that oversees nail salons said it will be investigating Jackson's death.

[TexasStooge]

13 arrrested after McKinney High School fight

By MARY ANN RAZZUK / WFAA ABC 8

MCKINNEY, Texas - Police arrested more than a dozen female North Texas students Wednesday after a fight broke out inside the McKinney High School cafeteria.

Authorities said bad blood between two girls escalated into a cafeteria brawl. Two girls were said to be yelling at each other when one threw a soft drink at the other. Friends on both sides then jumped into the fight.

McKinney police were called to the scene as part of the school's zero tolerance stance on serious disruptions. The teens, ranging from 16 to 18 years old, were arrested and charged with inciting a riot.

The principal sent parents of students an e-mail and flier reassuring them that students were safe and that officers maintained an increase present at the school during the day.

The principal said the school will seek the greatest penalty allowed for the type of behavior the students were said to have demonstrated.

"There is no such thing as overreacting to a school fight," said Principal Donna Rother. "The school is not the place for it. We don't tolerate it. We don't allow it. We're not going to stand for it. And kids who fight at McKinney High School and McKinney ISD are going to be arrested and ticketed.

McKinney police said there were no weapons used and there were no injuries from the fight. School officials said all of the students will be suspended pending an outcome of an investigation.

[TexasStooge]

Schlosser jury reaches no verdict after 9 hours

Panel revisits testimony of officer, psychiatrist in mother's murder trial

By JENNIFER EMILY / The Dallas Morning News

McKINNEY, Texas – A Collin County jury deliberated more than nine hours Wednesday before asking a judge for more time to gather its thoughts before reaching a verdict in the capital murder trial of Dena Schlosser, the Plano mother accused of killing her 10-month-old daughter.

Maggie Schlosser was killed in November 2004, her arms severed at the shoulders, just before Thanksgiving in the family's Plano apartment. Ms. Schlosser, 37, has pleaded not guilty by reason of insanity.

Panelists had begun deliberations just after noon Wednesday but at 5:20 p.m., state District Judge Chris Oldner called them back into the courtroom because the presiding juror had written two notes to the court. The second note was a clarification of the first.

The jury asked about the testimony of Plano police Officer Sean White, who testified about Ms. Schlosser chanting and growling in the hospital the day of her arrest. He also testified that she asked for forgiveness.

The panel wanted more specifics about the forgiveness, but it was unclear what she meant, Officer White's testimony said. She did not mention Maggie or her other children when asking for forgiveness.

Jurors also asked about mental illness definitions that a psychiatrist testified about.

The judge read back testimony to the jurors and they began deliberating once again. Four hours later, when it was clear they would not reach a verdict, they were dismissed and asked to return this morning.

In closing arguments Wednesday, prosecutors told the jury of five women and seven men that psychiatrists who testified that Ms. Schlosser was insane made up their minds before ever examining her.

They said the crime was so horrible, the psychiatrists, like many people, already believed that only someone not in her right mind would kill a baby by severing her arms at the shoulders.

In closing arguments, defense attorney Bill Schultz countered that if prosecutors believed there was an alternate diagnosis, they would have had someone they hired examine Ms. Schlosser.

He asked, "Where is the psychiatrist for the state? All he's got to do is hire somebody of his own."

Defense attorney David Haynes told jurors that they should not ignore the emotions they feel about the case.

"Feel the emotion," he told them. But, he added, "Decide the case on the evidence."

Linda Tucker, an alternate juror who was dismissed by the judge when the jury began deliberations, initially refused to comment as she left the courthouse. Just before she got in her car, she said she had not made a decision, but added, "I mean, do you want her back on the street?"

When asked what she thought of the cases presented by both sides, Ms. Tucker said: "I think they both did very well. I was very impressed."

Mr. Haynes said outside the courtroom that he was "a little surprised" that the prosecution didn't put on testimony from psychiatrists. When asked about the experts who testified for the defense, he said, "They all came to the same conclusion. That ought to tell you something."

He said he remains hopeful that the defense would be successful, but noted that "almost every insanity defense is unsuccessful."

Earlier in the day, prosecutor John William "Bill" Dobiyanski slammed the experts' testimony, saying it is not definitive. Psychiatrists who testified described different reasons and episodes that led them to conclude Ms. Schlosser was insane.

"Is an educated guess enough? Does guesswork really count?" he asked. "That's disturbing."

Mr. Haynes said there is not "one shred" of evidence that Ms. Schlosser was sane when Maggie died.

"There is not one shred, not one shred of evidence she acted in her right mind," he said. "The evidence shows she is not guilty by reason of insanity. I am asking you to have the courage to say so."

Prosecutor Curtis Howard said it was not until after Ms. Schlosser killed Maggie that people began to think she was crazy.

"You get to see Dena Schlosser's life after she horribly murdered her child," he said. "People looked at her differently. She became that Plano mother who cut the arms off her child."

Mr. Schultz called Ms. Schlosser to stand next to him for a few moments. He told the jury, "Maybe you've got to hate her."

He then told the jury that she was very sick, although better than she was when Maggie was killed.

Ms. Schlosser, wearing a black suit and orange blouse, stood next to him for a few moments, staring blankly before sitting down.

Mr. Haynes said the past psychotic episodes and mental illness were a buildup to a break with reality the day Maggie died. Her older girls were at school and her husband at work.

"That's when the last defense, the last dike broke and madness settled in," he said. "There was no one there to help her."

Staff writers Bill Lodge and Tiara M. Ellis contributed to this report.

[TexasStooge]

Advocates for mentally ill fear Medicare plan is problematic

By BOB MOOS / The Dallas Morning News

Medicare's new drug benefit has made life even more vexing for people with mental illnesses.

The mentally ill face the same problems other Medicare beneficiaries have encountered since Jan. 1 – plus their own unique frustrations.

Some have fallen through the cracks and waited two or three days for prescriptions. A few of the more seriously ill have suffered relapses and gone to emergency rooms for treatment.

"It's almost cruel to expect them to deal with something as arcane as this," said Dallas mental health advocate Sharon DeBlanc, who's spent the last three months explaining the benefit to people.

Mental health experts fear that the complexity of Medicare's new coverage will overwhelm people who have enough difficulty coping with the anxiety and confusion of everyday life.

Under the worst-case scenario, some people with mental illnesses could miss their medications, lose their jobs, end up on the street and get into trouble.

Social workers say their worst fears haven't been realized, but they don't rule out the possibility.

"We have yet to see many people hospitalized for lack of drugs, but we're headed that way," said Sam Muszynski, director of health care systems and financing for the American Psychiatric Association.

That would be a setback not only for the individuals but also for the nation's 40-year-old effort to empty state hospitals and help the mentally ill lead productive lives in their communities, he said.

"We will have failed to live up to the promise of deinstitutionalization," Mr. Muszynski said.

People with mental illness are likely to be among the heaviest users of Medicare's new benefit, since their conditions are chronic and the severely ill may be on six to 12 prescriptions.

No one knows how many people will use Medicare to cover psychiatric medications, but the number will include at least the 2.5 million Americans – and 128,000 Texans – who are both mentally ill and poor.

These people are called "dual eligibles," since they qualify for both Medicare, because of their disabilities, and Medicaid, because of their limited incomes.

Before Jan. 1, they got their medications free through state Medicaid programs. At the first of the year, that drug help was replaced by Medicare's drug benefit.

They're now covered by one of the private insurers participating in the new program.

Greg Shannon, 43, of San Angelo is typical of this group. He had been on Medicaid but now belongs to a United Healthcare plan.

Mr. Shannon takes Clozaril to treat his schizophrenia. Because of his low income, his only expense is a $3 co-payment for each prescription; he pays no premiums or deductible.

Bumpy transition

All dual eligibles were randomly assigned to a drug plan, but the switch from Medicaid to Medicare hasn't always gone smoothly. Medications once covered by Medicaid aren't in some of the new drug plans.

"Just because you were automatically enrolled in a plan doesn't mean all of your prescriptions are covered," said Laura Galbreath, director of health care reform for the National Mental Health Association.

People with mental illnesses have more trouble dealing with gaps in coverage, mostly because they can't just ask doctors to prescribe another drug that's covered by their plan.

"Many medications that treat mental illness can't be used interchangeably," Ms. Galbreath said. "Each medication affects each person's brain in a different way."

Switching psychiatric drugs also carries health risks. It may take six to 12 weeks to determine if a new medication works, and each failed trial may worsen a person's condition and cause suffering, she said.

Ms. Galbreath said taking a wrong drug can have side effects such as blurred vision, muscle spasms or severe insomnia.

Drug coverage gap

Dan Whitfield, 52, of Rowlett, who has had schizophrenia since college, enrolled in an Aetna drug plan only to discover that it didn't cover one of his prescriptions at the dosage his psychiatrist prescribed.

At the wrong strength, the medication won't help Mr. Whitfield. So his father and doctor are asking Aetna to make an exception to its list of covered drugs.

"We've spent 12 hours sorting out his Medicare coverage," said his father, Hal.

Medicare's new benefit also poses a problem for people whose incomes are too high for Medicaid but who still qualify for free medications from their community mental health system – typically, incomes between $14,700 and $19,600 a year.

If they join a Medicare drug plan, they won't be eligible for free psychiatric medications, even though they'll save money on nonpsychiatric prescriptions.

"This will be a dilemma for them," said Patty Anderson, executive director of the Planned Living Assistance Network of North Texas, a mental health counseling agency.

Jeanine Hayes, 57, of Dallas, who has schizoaffective disorder, faces that choice.

She hasn't decided whether to give up her four free prescriptions in return for insurance protection against other high drug costs.

"I'm waiting to hear from my counselor about what to do," she said. "It's so confusing."

Vital support

Mental health experts say Dan Whitfield and Ms. Hayes are fortunate to have a relative or counselor to rely on for advice.

Many people with mental illness live on their own and may not know they have a problem with their new drug plans until they try to refill a prescription and find out from their druggist that the drug isn't covered.

Medicare has told insurers to provide dual eligibles with up to 90 days of any drug they had been taking before Jan. 1, even if the medication isn't in their drug plan.

The 90-day transition, which ends March 31, is supposed to give low-income beneficiaries time to switch to a plan that covers their drugs.

Still, mental health experts fear that insurers are undercutting Medicare's good intentions.

"Medicare may have written some good rules, but something's being lost in their translation," Mr. Muszynski said.

Psychiatrists are discovering that some drugs covered by the new benefit aren't easily available, said Andrew Sperling, director of legislative advocacy for the National Alliance on Mental Illness.

Some drug plans are requiring "prior authorizations" for certain drugs, he said. A doctor must provide laboratory test results, office notes and other data showing why the prescriptions should be filled.

"We're also seeing 'step therapy' – that's where you have to demonstrate failure with a cheaper drug before you get a higher-priced one," Ms. Galbreath said.

Insurers' restrictions

Insurers say they're trying to hold down costs and make sure medications are properly used. But mental health advocates worry that an overuse of the "benefit management tools" will prove penny-wise and pound-foolish if patients have relapses and land in the hospital or jail.

"Patients may be forced to switch to drugs that don't work as well," Mr. Sperling said.

The American Psychiatric Association says the insurers' restrictions are widespread and are likely to become even more common when the 90-day transition period ends.

Medicare administrator Mark McClellan says that most drug plans are complying with Medicare's requirements and that the agency is working with other insurers during the transition to make sure beneficiaries get all of the prescriptions they had received from Medicaid.

Mr. Muszynski acknowledges that Medicare is "trying to work through the problems," but he urges the agency to get tougher with drug plans he believes are bending the rules.

"You can't mess around with these drugs – people are going to get hurt," he said.

[TexasStooge]

Council OKs bond sale for Merc project

Dallas: But some upset downtown effort will monopolize TIF funds

By DAVE LEVINTHAL / The Dallas Morning News

DALLAS, Texas - The Dallas City Council voted, 14-1, Wednesday to approve a bond sale to publicly fund part of the costs to convert several vacant downtown office buildings into residential and retail space.

The vote is one of the final steps in a two-year negotiation with Cleveland-based developer Forest City Enterprises to redevelop Main Street's Mercantile Bank complex and five surrounding buildings.

But many council members, though supportive of the project, said they're upset that Dallas, to appease investors, will for years stop offering property tax abatements and tax increment funding to businesses within the center city economic development zone.

Known as the Downtown Connection Tax Increment Financing District, the development zone allows developers to potentially recoup some property taxes to fund building demolition, environmental remediation, infrastructure improvements and the like. The Mercantile project will monopolize this money for at least a decade, city officials say.

"It's a heck of a position we put ourselves in, but we did," said Bill Blaydes, the council's economic development and housing committee chairman. "It's a huge cost."

Mayor Laura Miller, however, argued that a completed Mercantile project's benefits would far outweigh any collateral negatives.

"We created the TIF primarily to fund the Mercantile project, because without turning the Merc block around, we would have no development from Neiman Marcus to Deep Ellum," Ms. Miller told her colleagues.

Said council member Mitchell Rasansky: "Here we get one vital piece – hopefully one of the last pieces – in the downtown puzzle."

Dallas is giving Forest City about $70 million in public incentives, the bulk of which it will receive up front after the city begins selling up to $51 million in revenue bonds. Forest City demanded during negotiations that it secure the public portion of its funding before completing its $250 million project instead of afterward, which in Dallas is standard practice.

Had the council not approved the bond sale Wednesday and pulled out of the deal, contractual obligations with Forest City would have potentially cost Dallas tens of millions of dollars. Mr. Blaydes estimated the figure at $39 million.

"They were aware of what the terms of the agreement were," David Levey, Forest City's executive vice president, said of council members. "There's been a lot of background noise. But at the end of the day, they passed it, and we're pleased."

Forest City began work on the project in December.

Mayor Pro Tem Don Hill, who cast the lone vote against the bond sale, chided Mr. Rasansky and Ms. Miller for opposing some tax incentive programs but supporting Mercantile tax incentives.

"I don't agree with the – let me find the polite word, instead of hypocrisy – I don't agree with the inconsistency," Mr. Hill said.

"I don't believe there are any inconsistencies here today at all," Mr. Rasansky said later. "This is going to be a great, great addition to downtown Dallas."

[TexasStooge]

Man told wife he killed ex-girlfriend

FW: Confession played at trial in slayings of pregnant woman, boy

By JEFF MOSIER / The Dallas Morning News

FORT WORTH, Texas – A sobbing Stephen Barbee, clutching his wife's shirt and begging for forgiveness, admitted to his new bride that he killed his pregnant ex-girlfriend, a video recording showed Wednesday.

The DVD, played for jurors in Mr. Barbee's capital murder trial, was recorded a year ago while the couple were alone in a Tyler police interview room. The Barbees, who had been married for two months when Lisa Underwood and her 7-year-old son, Jayden, were killed in February 2005, were unaware that they were being recorded.

"I didn't mean for her to stop breathing," Mr. Barbee told his wife, Trish. "I just held her down too long."

Later he told his wife: "I'm going to die in prison. They are going to kill me." If convicted, Mr. Barbee would receive life in prison or the death penalty.

Ms. Underwood, who was 7 ½ months pregnant at the time of her death, believed that Mr. Barbee was the father of her unborn child.

A DNA test after her death showed he was not.

During the video, Mr. Barbee said he was afraid that the news about Ms. Underwood's pregnancy would ruin his marriage.

Ms. Underwood, 34, and her son were suffocated in their North Fort Worth home and buried in a rural area of southern Denton County. Before entering the interview room, police told Mrs. Barbee that her husband had killed Ms. Underwood, but they did not mention Jayden.

During the dramatic recording, Mr. Barbee did not mention the boy's name or refer to him directly. At one point, he said, "Them poor people," but it wasn't clear whether he was referring to the Underwoods.

The confession was played shortly before the prosecution rested on the second day of testimony. Defense attorneys, who did not give an opening statement, also rested after two witnesses testified briefly. Mr. Barbee did not testify.

Closing statements were to begin at 9 a.m. today.

Defense attorneys had tried to keep the recording out of court, citing spousal privilege, but that request was rejected by state District Judge Robert Gill.

The first section of the DVD showed Mr. Barbee explaining his whereabouts the night the Underwoods disappeared. He said he was visiting friend and business partner Ron Dodd.

Later, he admitted running from a Denton County sheriff's deputy after being stopped in a remote area a quarter-mile from where Ms. Underwood's SUV was found abandoned.

Then Fort Worth homicide Detective Mike Carroll told Mr. Barbee that Mr. Dodd had implicated him in the killings. Detective Carroll said that was a lie but that the bluff inspired Mr. Barbee to confess.

During a bathroom break that lasted as long as an hour, Mr. Barbee admitted the killings and said that Mr. Dodd helped him plan them, Detective Carroll testified.

The second portion of the DVD recording, which started after the trip to the bathroom, showed Mr. Barbee alone, crying.

"God almighty. What have I done?" he said to himself.

When Mrs. Barbee entered the room, she slammed an object on the table and shouted, "You got her pregnant?"

Mr. Barbee apologized over and over throughout the recording. "I'm sorry," he said. "My life is over."

"God, Steve, was it worth it?" Mrs. Barbee said.

"I didn't mean to," he said.

Through the tears, Mr. Barbee explained to his wife that he was afraid she would find out about Ms. Underwood and leave him. He said that he only meant to talk to Ms. Underwood but that everything spun out of control.

Throughout much of their time alone, Mr. Barbee sat in his wife's lap as she rocked him like a hurt child. Both sobbed uncontrollably as Mr. Barbee rested his head on his wife's chest and shoulder.

At one point, Mr. Barbee told his wife he didn't cheat on her, but she noted that they were dating at the time Ms. Underwood became pregnant.

Mr. Barbee begged his wife several times not to leave.

"Does this mean we're breaking up?" he said.

That question elicited sighs and groans of anger from some of Ms. Underwood's friends and family.

Mrs. Barbee told her husband she would stick by him, but the couple's divorce was finalized this month.

During the DVD recording, Mr. Barbee also told his wife that Mr. Dodd was not involved in the killings. Mr. Dodd, who police said assisted Mr. Barbee in disposing of the bodies, was indicted in Denton County on two counts of tampering with physical evidence. His trial is scheduled for April 3.

The day after Mr. Barbee's confession, he led Fort Worth police to the shallow grave where the Underwoods were buried.

The defense called Mr. Dodd to testify Wednesday afternoon, but he invoked his Fifth Amendment right against self-incrimination. The only other defense witness was a private investigator who served subpoenas on the city of Fort Worth to obtain phone records for detectives working on the Underwood case and for police manuals.

There was no testimony given to explain their significance, and defense attorney Bill Ray declined to tip his hand.

"Wait for closing arguments," he said.

[TexasStooge]

Arlington student found guilty in robbery

By TOYA LYNN STEWART / The Dallas Morning News

FORT WORTH, Texas – A Tarrant County jury found an 18-year-old high school student guilty of aggravated robbery on Wednesday.

Allen Roman had faced charges of attempted capital murder for his role in a convenience store robbery in February 2005 in which a store clerk was shot.

Mr. Roman was released from jail on bond and enrolled last fall at Sam Houston High School in Arlington while he awaited his court date.

Mr. Roman's attorney said once school officials were alerted to his criminal case, they suspended him, and he did his studies from home. His case highlights a flaw in state law that prevents school districts from expelling students who are charged with crimes that are not school-related.

Arlington school officials are working to change the law so that students who have committed serious and violent crimes are not allowed back into the classroom.

The sentencing phase of Mr. Roman's trial began Wednesday afternoon and will continue on Monday.

[TexasStooge]

Barbee guilty of capital murder

By JEFF MOSIER / The Dallas Morning News

FORT WORTH, Texas — A Fort Worth jury has convicted Stephen Barbee of capital murder in the February 2005 slayings of Lisa Underwood and her seven-year-old son Jayden.

The verdict came just 90 minutes after receiving their charge from the judge.

Jurors will next consider a punishment for Barbee, which could include the death penalty.

Jodie Fratta, a spokeswoman for Barbee's family, blamed the guilty verdict on the defendant's legal team. "The family still loves Stephen and believes in his innocense 100 percent," Fratta said.

Underwood's family declined to comment.

During closing arguments Thursday morning, defense attorney Bill Ray said evidence showed that his client intentionally killed Jayden, but the suffocation death of Ms. Underwood was an accident, and the killings were not planned.

"That's somebody who doesn't have his game together," Mr. Ray said about his client's actions.

Jurors, who started their deliberations about 10 a.m., had the option of convicting Mr. Barbee of capital murder, murder or manslaughter. They could also have found him not guilty.

In the prosecution's closing arguments, assistant district attorney Kevin Rousseau said that Mr. Barbee's tearful explanation to his wife that Ms. Underwood's suffocation was an accident was not believable.

The video of Mr. Barbee's confession to his wife Trish was the desperate pleading of a man trying to keep his wife from leaving him, said Mr. Rousseau said.

"He was reduced to the simpering coward that he is," he said about Mr. Barbee's conversation with his wife.

Earlier testimony from a Fort Worth homicide detective showed that Mr. Barbee confessed to planning the killing of Ms. Underwood.

Authorities say that Mr. Barbee suffocated the mother and son to keep his wife from finding out about his relationship with Ms. Underwood. At the time of her death, Ms. Underwood believed that Mr. Barbee was the father of her unborn child. DNA testing later determined that he was not.

WFAA-TV reporter Rebecca Rodriguez at the Tarrant County Justice Center contribued to this report.

[TexasStooge]

24-lane highway to relieve Grapevine congestion

By REBECCA RODRIGUEZ / WFAA ABC 8

GRAPEVINE, Texas — A massive plan is in the works to untangle gridlock in Grapevine.

The Texas Department of Transportation is about to embark on "the Funnel," which will include a cluster of seven highways between Dallas/Fort Worth International Airport and Lake Grapevine.

It will become the most expensive highway project in TxDOT history, with a price tag of $762 million. That's three times the price of the Dallas High Five interchange.

The busy corridor, with Highway 114 and Highway 121, swells with nearly 200,000 vehicles daily.

"I think it is horrendous. It really needs to change," said Don Leaman, a Grapevine motorist.

The project will be one of TxDOT's most elaborate ever, tripling the size of the Funnel up to 24 lanes in some places.

Construction will take between five and seven years to finish and could get under way at the start of next year.

"The payoff will be that traffic will flow very well through the Funnel," said TxDOT spokesman Michael Peters.

Classic Chevrolet is one of the many businesses in the path of the expansion.

"How it affects us, we just don't know. We're just waiting to see," said dealership spokesman Hank Gaylor.

But traffic in the area may get worse before it gets better.

"I've been driving through a lot of worked on roads all through my life, so I guess I can live through another one," said Daniel Dunn, a driver.

Construction could begin on the project as earlier as the beginning of next year.

Plans will be unveiled on Thursday at 6 p.m. at the Grapevine Convention Center, 12095 S Main Street.

Live Dallas/Ft. Worth Traffic Reports from Traffic Pulse

[TexasStooge]

Schlosser jury resumes deliberations

Panel revisits testimony of officer, psychiatrist in mother's murder trial

By JENNIFER EMILY / The Dallas Morning News

McKINNEY, Texas – After more than nine hours of deliberations the day before, a Collin County jury on Thursday morning reconvened to determine a verdict in the capital murder trial of Dena Schlosser, the Plano mother accused of killing her 10-month-old daughter.

Maggie Schlosser was killed in November 2004, her arms severed at the shoulders, just before Thanksgiving in the family's Plano apartment. Ms. Schlosser, 37, has pleaded not guilty by reason of insanity.

After over two hours of deliberations Thursday, state District Judge Chris Oldner called the jury back in around 11:30 a.m. because the presiding juror sent a note to the court.

The jury wanted the judge to read back the prosecution's opening and closing statements, but the judge refused. Statements by attorneys are not considered evidence by the court.

Panelists had begun deliberations just after noon Wednesday, but at 5:20 p.m., Judge Oldner called them back into the courtroom because the presiding juror had written two notes to the court. The second note was a clarification of the first.

The jury asked about the testimony of Plano police Officer Sean White, who testified about Ms. Schlosser chanting and growling in the hospital the day of her arrest. He also testified that she asked for forgiveness.

The panel wanted more specifics about the forgiveness, but it was unclear what she meant, Officer White's testimony said. She did not mention Maggie or her other children when asking for forgiveness.

Jurors also asked about mental illness definitions that a psychiatrist testified about.

The judge read back testimony to the jurors and they began deliberating once again. Four hours later, when it was clear they would not reach a verdict, they were dismissed and asked to return this morning.

In closing arguments Wednesday, prosecutors told the jury of five women and seven men that psychiatrists who testified that Ms. Schlosser was insane made up their minds before ever examining her.

They said the crime was so horrible, the psychiatrists, like many people, already believed that only someone not in her right mind would kill a baby by severing her arms at the shoulders.

In closing arguments, defense attorney Bill Schultz countered that if prosecutors believed there was an alternate diagnosis, they would have had someone they hired examine Ms. Schlosser.

He asked, "Where is the psychiatrist for the state? All he's got to do is hire somebody of his own."

Defense attorney David Haynes told jurors that they should not ignore the emotions they feel about the case.

"Feel the emotion," he told them. But, he added, "Decide the case on the evidence."

Linda Tucker, an alternate juror who was dismissed by the judge when the jury began deliberations, initially refused to comment as she left the courthouse. Just before she got in her car, she said she had not made a decision, but added, "I mean, do you want her back on the street?"

When asked what she thought of the cases presented by both sides, Ms. Tucker said: "I think they both did very well. I was very impressed."

Mr. Haynes said outside the courtroom that he was "a little surprised" that the prosecution didn't put on testimony from psychiatrists. When asked about the experts who testified for the defense, he said, "They all came to the same conclusion. That ought to tell you something."

He said he remains hopeful that the defense would be successful, but noted that "almost every insanity defense is unsuccessful."

Earlier in the day, prosecutor John William "Bill" Dobiyanski slammed the experts' testimony, saying it is not definitive. Psychiatrists who testified described different reasons and episodes that led them to conclude Ms. Schlosser was insane.

"Is an educated guess enough? Does guesswork really count?" he asked. "That's disturbing."

Mr. Haynes said there is not "one shred" of evidence that Ms. Schlosser was sane when Maggie died.

"There is not one shred, not one shred of evidence she acted in her right mind," he said. "The evidence shows she is not guilty by reason of insanity. I am asking you to have the courage to say so."

Prosecutor Curtis Howard said it was not until after Ms. Schlosser killed Maggie that people began to think she was crazy.

"You get to see Dena Schlosser's life after she horribly murdered her child," he said. "People looked at her differently. She became that Plano mother who cut the arms off her child."

Mr. Schultz called Ms. Schlosser to stand next to him for a few moments. He told the jury, "Maybe you've got to hate her."

He then told the jury that she was very sick, although better than she was when Maggie was killed.

Ms. Schlosser, wearing a black suit and orange blouse, stood next to him for a few moments, staring blankly before sitting down.

Mr. Haynes said the past psychotic episodes and mental illness were a buildup to a break with reality the day Maggie died. Her older girls were at school and her husband at work.

"That's when the last defense, the last dike broke and madness settled in," he said. "There was no one there to help her."

Staff writers Bill Lodge and Tiara M. Ellis contributed to this report.

[TexasStooge]

Hostage suspect commits suicide in front of deputy

By JASON TRAHAN / The Dallas Morning News

DALLAS, Texas - A 26-year-old man shot himself in the head in front of a Dallas County sheriff’s deputy early Thursday morning after the man’s girlfriend told authorities that he had held her hostage.

Robert Justin Moninger died while sitting in the driver's seat of a pickup truck parked in front of a home in rural south Dallas County near Lancaster, said Sgt. Don Peritz, a Dallas County sheriff’s department spokesman.

At 1:28 a.m., Lancaster paramedics and the sheriff’s department - which answers all calls for service in unincorporated areas - were called to the home in the 500 block of Reindeer Road to check on a woman who was having trouble breathing, Sgt. Peritz said. When paramedics arrived, they examined her and loaded her in the ambulance for a trip to Methodist Charlton Medical Center for observation, he said.

At that point, she made an interesting revelation to paramedics.

“She tells them that she’s been held hostage all day, by who we believe is her boyfriend,” Sgt. Peritz said. “He is sitting in a pickup in the driveway.”

The ambulance then left, leaving the deputy there alone, the sergeant said. When the deputy walked up to the truck, he saw that the man was armed, backed off and called for backup.

“That’s when [Mr. Moninger] picks the pistol up and sticks it under his chin and commits suicide,” Sgt. Peritz said.

It’s unclear if words were exchanged, but there is no indication the man pointed the gun at the officer, he said.

Investigators were trying to determine what occurred earlier that day. Sgt. Peritz said that Mr. Moninger and the woman had been housesitting, and living in a smaller house attached to the larger one on the property.

[TexasStooge]

Jury: 'We are deadlocked'

Panel revisits testimony of officer, psychiatrist in Schlosser murder trial

By JENNIFER EMILY / The Dallas Morning News

McKINNEY, Texas – Jurors considering the fate of Dena Schlosser, the Plano mother accused of killing her 10-month-old daughter, asked the judge several questions Thursday before indicating they are deadlocked.

In a note from the presiding juror, the jury of five women and seven men told state District Judge Chris Oldner that "no one is going to change their decision," but the judge told them to keep deliberating.

At one point Thursday, the jury wanted the judge to read back the prosecution's opening and closing statements, but the judge refused. Statements by attorneys are not considered evidence by the court.

Maggie Schlosser was killed in November 2004, her arms severed at the shoulders, just before Thanksgiving in the family's Plano apartment.

Ms. Schlosser, 37, has pleaded not guilty by reason of insanity. If jurors agree, Ms. Schlosser will be committed to a mental institution.

If she is convicted of capital murder, she will be sent to prison for life because prosecutors were not seeking the death penalty.

The panel deliberated more than nine hours Wednesday, returning to the courtroom in the late afternoon because the presiding juror had written two notes to the court.

The jury asked about the testimony of Plano police Officer Sean White, who testified about Ms. Schlosser chanting and growling in the hospital the day of her arrest. He also testified that she asked for forgiveness.

The panel wanted more specifics about the forgiveness, but it was unclear what she meant, Officer White's testimony said. She did not mention Maggie or her other children when asking for forgiveness. Jurors also asked about mental illness definitions that a psychiatrist testified about.

The judge read back testimony to the jurors and they began deliberating once again.

In closing arguments Wednesday, prosecutors told the jury that psychiatrists who testified that Ms. Schlosser was insane made up their minds before ever examining her.

They said the crime was so horrible, the psychiatrists, like many people, already believed that only someone not in her right mind would kill a baby by severing her arms at the shoulders.

Defense attorney Bill Schultz countered that if prosecutors believed there was an alternate diagnosis, they would have had someone they hired examine Ms. Schlosser.

He asked, "Where is the psychiatrist for the state? All he's got to do is hire somebody of his own."

Linda Tucker, an alternate juror who was dismissed by the judge when the jury began deliberations, initially refused to comment as she left the courthouse. Just before she got in her car, she said she had not made a decision, but added, "I mean, do you want her back on the street?"

When asked what she thought of the cases presented by both sides, Ms. Tucker said: "I think they both did very well. I was very impressed."

Defense attorney David Haynes said outside the courtroom that he was "a little surprised" that the prosecution didn't put on testimony from psychiatrists. When asked about the experts who testified for the defense, he said, "They all came to the same conclusion. That ought to tell you something."

He said he remains hopeful that the defense would be successful, but noted that "almost every insanity defense is unsuccessful."

Dallas Morning News staff writer Bill Lodge contributed to this report.

[TexasStooge]

Man's yard magnet for car wrecks

By DON WALL / WFAA ABC 8

FORT WORTH, Texas - It appears all roads lead straight to one Fort Worth man's home after vehicle after vehicle has ended up crashed in his front yard in the 9000 block of Butterwick.

Next to Parkway Elementary, Everman Parkway abruptly ends and curves onto Butterwick, which is where Payne's house sits.

"They hit this top rock and knocked it off and wound up over in the front lawn," he said of one accident.

Fresh skid marks, a smashed guard rail and car debris litter the front yard.

"I know somebody's going to get killed," he said.

Payne said he wonders why Fort Worth has not done anything to prevent all the car wrecks he's counted over the last five years.

"I would estimate 40," he said. "...My grandkids refuse to stay in the front bedroom because of so many accidents on the front lawn."

A Fort Worth traffic cop who lives in the area confirmed that dozens of accidents have happened in the location over the past few years, but most of them were never get reported. If the people in the car are not injured, they usually tend to just drive off.

But a Fort Worth traffic engineer, Randy Burkett, said he hasn't received any complaints.

"It's possible we might want to put up some kind of flasher in there to warn motorists that there's a curve ahead," he said.

Burkett said the city cares about the citizens of Fort Worth and wants "to do our best to be helpful."

However, Payne said he doesn't see it that way.

"It's like they don't really care," he said.

Payne said until the city steps up to do something, he will probably continue spending a small fortune on mail boxes.

"I buy them two at a time because I know I'm going to be replacing them," he said. "This one was just replaced a few days ago."

[TexasStooge]

Mummified remains in house ID'd as Dallas woman

By MARGARITA MARTÍN-HIDALGO / The Dallas Morning News

DALLAS, Texas - A woman whose mummified body was found in her White Rock-area home last week has been positively identified as Denise Eileen Day.

The Dallas County medical examiner used medical records and X-rays to identify the 54-year-old woman, whose cause of death has yet to be determined, police said.

A woman who knew Ms. Day for years said last week that she had not seen her since 2004 and described her as a reclusive woman who was afraid even to go grocery shopping.

Ms. Day’s body was discovered by police on Feb. 15 when they made a welfare check at the home in the 9300 block of Mercer Drive. Police said they entered the home after suspecting it had been burglarized because a window was broken on a garage door.

Police have said detectives are investigating whether thieves may have broken into the home because the inside was in disarray.

Also Thursday, police said that two women were arrested on suspicion of burglary Monday after they were found inside another home owned by Ms. Day’s family in the 2900 block of Rambling Drive.

A neighbor called police about 5:25 p.m. to tell them the women were inside the home, said Deputy Chief Jan Easterling. “That’s why citizens’ taking note … is so critical,” she said.

Police arrived as the women were removing furniture from the home. Police asked that the names of the women, who are 23 and 18 years old and live in the Dallas area, be withheld pending further investigation.

That home is about a mile and a half from the home where Ms. Day was found on Mercer Drive.

The same house on Rambling where the women were arrested was also believed to have been burglarized in another recent incident, as was a house next door that also belongs to Ms. Day’s family, police said.

Last week, one neighbor said she saw a man crouching between the two houses. Three days later, another neighbor saw two people taking an antique car from the garage of one of the houses.

[TexasStooge]

2 former Southlake employees indicted

By MARICE RICHTER / The Dallas Morning News

SOUTHLAKE, Texas - Two former Southlake city employees were indicted in Tarrant County Thursday following a yearlong investigation by the District Attorney's office into allegations of corruption and theft at City Hall.

Indicted were Mike Patterson, a former top-ranking senior manager in the Public Works Department, and Jim Funderburg, another former public works supervisor.

Former City Manager Billy Campbell, who was implicated in the scandal and placed on paid leave when the investigation was announced, was not charged Thursday.

"It's possible there will be more coming out of this later but this is it for now," said Joe Shannon, chief of the economic crime unit for the district attorney's office.

Three indictments with a total of eight charges were returned against Mr. Patterson, who was fired by the city shortly after the investigation was launched. The city conducted a separate investigation into the allegations.

All the charges are felonies, officials said.

One indictment charges Mr. Patterson with one count of theft under $1,500 by a public servant and four counts of tampering with government records. A second indictment charges him with one court of tampering with government records. The third charges him with two counts of bribery/misuse of official information.

"We were aware that an indictment was imminent," said Tim Evans of Fort Worth, attorney for Mr. Patterson. "Mr. Patterson recognizes that it is his responsibility to appear in court and we will work diligently to resolve this" quickly and fairly.

Mr. Funderburg was indicted on three counts of tampering with government records He could not be reached for comment Thursday. Mr. Funderburg was never publicly identified as a target in the investigation. He was fired last March, following the conclusion of the city investigation.

The city's investigation resulted in disciplinary action against 12 employees – including Mr. Patterson, Mr. Funderburg and Mr. Campbell – and resulted in sweeping changes in purchasing and other fiscal procedures.

Those disciplined were accused of lying about overtime, paying for personal property with city funds and using city equipment and time to work on personal projects for themselves and contractors.

Disciplinary measures ranged from reprimands to termination. Mr. Patterson and Mr. Funderburg were among four employees who were fired.

Mr. Campbell quietly retired last year. His retirement had been planned before the investigation was announced.

The investigations were prompted by an informant who tipped off a local minister, who then turned the information over to Mayor Andy Wambsganss.

Mr. Wambsganss, who was out of town on Thursday, said in a statement that the city " has fully cooperated with the Tarrant County District Attorney's Office during its investigation and will continue to do so as the legal process progresses.

"We recognize that these cases or any future criminal prosecution will be judged on the basis of the merits and evidence presented," he said in the statement. "Given the ongoing legal process and investigation, I do not feel that now is the appropriate time to comment regarding the details of these cases or of our findings."

Staff writer Debra Dennis contributed to this report.

[TexasStooge]

6 N. Texas OSU students arrested in drug bust

By DAN RONAN / WFAA ABC 8

At least six North Texas college students attending Oklahoma State University have been implicated in an undercover drug bust.

Police in Stillwater said they investigated the students over a month and found they were running the cocaine and marijuana ring out of dorm rooms.

Police said the alleged ringleader of the group is an 18-year-old Alana Rian Garces who graduated from Coppell High School last spring. Many expressed shock in the arrest and described the teen as an excellent student who was involved in extra-curricular activities in high school.

"This comes out of nowhere," said neighbor Laura Nichols. " I think she was at the wrong place at the wrong time. I can't see her being involved in this."

Garces was one of six North Texas freshman college students arrested and charged with a variety of drug related crimes.

Police introduced an undercover officer into the group of kids to get more information.

"With the use of some of the informants we had, they made an introduction of an undercover officer that got in there,"

After gaining the students trust, police said the officer used instant messaging to make several buys, which were said to include at least five involving Garces.

Police said the ring was operating out of an OSU dormitory and an apartment complex in Norman. Authorities seized thousands of dollars in cash, two cars and computers.

Police believe the OSU students got large amounts of the drugs from a distributor in the Dallas-Fort Worth area. Another dealer was reported to be sending supplies from Norman to Stillwater.

Officials said the students will be allowed to continue attending classes while the criminal cases move forward, but they likely will be removed from the dormitories as soon as a hearing is held.

[TexasStooge]

Mansion's roof collapses in three-alarm fire

FORT WORTH, Texas (WFAA ABC 8) - Firefighters continued their fight to extinguish a blaze Thursday night at a mansion located in Westover Hills west of Fort Worth.

The mansion and land is valued on the tax roll at $7 million and set ablaze around 6:00 p.m.

The roof of the home caved in around 7:45 p.m. after the fire escalated to three-alarms.

Firefighters said the fire was difficult to control because they were working with a dead-end water main, which had limited their supply of water. Also, the 18,000 square foot home has been under construction leaving little to block the flames from spreading.

A defensive attack was taken by the firefighters and they used aerial units and several ground crews.

The cause of the fire was unknown.

The homeowner was not living in the home because of the construction, but issued a statement that said he wanted to thank the Fort Worth Fire Department and the Westover Police Department for their rapid response to the fire.

He also said he and his family were thankful no one was hurt and the fire is somewhat under control.

[TexasStooge]

Schlosser deliberations resume despite deadlock

After 21 hours over two days, jury is told to press on

By JENNIFER EMILY / The Dallas Morning News

McKINNEY, Texas – Collin County jurors considering the fate of a Plano mother accused of killing her 10-month-old daughter reconvened Friday after telling a judge the previous afternoon that they were hopelessly deadlocked .

The jury of five women and seven men in Dena Schlosser's capital murder trial told state District Judge Chris Oldner that "no one is going to change their decision," but the judge ordered them to continue deliberating. They had asked the judge several questions to resolve their deadlock over whether Ms. Schlosser is not guilty by reason of insanity.

Jurors deliberated more than 21 hours over two days before recessing at 9:25 p.m. Thursday.

Local defense attorney Barry Sorrels said Thursday that he was surprised the jury was out this long, considering that the prosecution did not have its own psychiatric witnesses saying Ms. Schlosser was sane when Maggie Schlosser died. The baby's arms were severed at the shoulders in November 2004 in the family's Plano apartment.

Defense attorney Bill Schultz emerged from behind locked doors, where the attorneys remained for much of Wednesday afternoon and Thursday.

"It's been a long trial," he said quickly, looking haggard.

Ms. Schlosser, 37, appeared more tired as the day went on. After the jury left the courtroom, her attorney David Haynes gave her a bear hug, which she returned.

"This is unusual for a jury to be deadlocked," Mr. Sorrels said.

He used the insanity defense successfully in a Collin County court when a Vietnam veteran had post-traumatic stress disorder, and he has been following the Schlosser case.

"I can tell you that it's unusual when you don't have any mental experts called by the prosecution," he said, "and the defense has several [who testified she had] ... a mental disease or defect that showed she didn't know right from wrong."

Deadlocked juries are typically told that another panel would not necessarily be able to reach a verdict and that the cost of another trial would be great.

If the judge declares a mistrial because the jury cannot reach a verdict, the case would be retried unless the prosecution decides not to prosecute.

A recent change in state law would also allow the state and defense to agree that Ms. Schlosser was insane. The decision would be the same as if the jury decided she was not guilty by reason of insanity.

Doctors diagnosed Ms. Schlosser's postpartum depression and psychosis soon after Maggie's birth, and she cycled on and off medication for the next several months.

If found not guilty by reason of insanity, Ms. Schlosser will be committed to North Texas State Hospital in Vernon for treatment. She would remain there until doctors and Judge Oldner agree she should be released.

If she is convicted of capital murder, she will be sent to prison for life. Prosecutors did not seek the death penalty.

At one point Thursday, the jury wanted the judge to read back the prosecution's opening and closing statements, but the judge refused. Statements by attorneys are not considered evidence by the court.

On Wednesday, the panel deliberated more than nine hours, returning to the courtroom in the late afternoon because the presiding juror had written two notes to the court.

The jury asked about the testimony of Plano police Officer Sean White, who testified about Ms. Schlosser chanting and growling in the hospital the day of her arrest. He also testified that she asked for forgiveness.

Mr. Sorrels said that because jurors asked about Ms. Schlosser seeking forgiveness, they may be caught up in the horrible nature of the crime and may not want her released from the hospital because she could hurt someone else.

"The issue of forgiveness may make them wonder if she knew it was wrong," he said.

Officer White testified during the trial that Ms. Schlosser asked for forgiveness at the hospital the day Maggie died. He also said he did not make the connection that she was referring to Maggie because she did not mention her children.

Jurors also asked about definitions of mental illness that a psychiatrist testified about.

The judge read back testimony to the jurors, and they began deliberating once again.

In closing arguments Wednesday, prosecutors told the jury that psychiatrists who testified that Ms. Schlosser was insane had made up their minds before examining her.

They said the crime was so horrible that the psychiatrists, like many people, already believed that only someone not in her right mind would sever a baby's arms.

Mr. Schultz countered that if prosecutors believed there was an alternate diagnosis, they would have had someone examine Ms. Schlosser.

He asked: "Where is the psychiatrist for the state? All he's got to do is hire somebody of his own."

[TexasStooge]

Fort Worth patrol car in fiery wreck

By CYNTHIA VEGA / WFAA ABC 8

FORT WORTH, Texas — A Fort Worth patrol car careened out of control early Friday and burst into flames after hitting another vehicle, injuring both drivers.

Police said an officer was speeding with lights and siren to a "burglary in progress" call around 3 a.m. when her Ford Crown Victoria squad car lost control on southbound McCart Ave. at an S-curve near Loop 820.

The police vehicle rear-ended a Mustang convertable and fire erupted.

Both drivers were able to get out quickly.

"The officer received minor injuries," said Fort Worth police spokesman Sgt. Rodney Bangs. "The driver of the Mustang was transported to John Peter Smith Hospital, where he's currently listed in stable condition."

The names of the drivers were not available.

The Ford Crown Victoria has been involved in a number of fiery and sometimes fatal crashes linked to fuel tank explosions. At least 18 law enforcement officials have been killed, usually from rear-end collisions.

Dallas police Officer Patrick Metzler died in a fiery crash in October, 2002, when his Crown Victoria squad car was rear-ended on North Central Expressway. Since that time, all the city's squad cars have been equipped with shields designed to reduce the likelihood of an impact-related fire.


Mike Zukerman / WFAA ABC 8
There were no serious injuries in the fiery crash.