News from the Lone Star State

[TexasStooge]

Fears over Texas chicken

By MACIE JEPSON / WFAA ABC 8

DALLAS, Texas - Chicken lovers know poultry is a breeding ground for salmonella, the leading cause of food-borne illness in the U.S.

But do you know from which plant your chicken comes, or the plant's safety record?

U.S.D.A. test results from the last eight years are out and near the top of the list of offenders is Texas' Pilgrim's Pride.

Among the seven largest chicken producers in the United States, Pilgrim's Pride had the second highest failure rate on tests for salmonella bacteria.

The firm is topped only by Arkansas' Tyson Foods.

But Dallas County Medical Director Dr. John Carlo says consumers shouldn't be alarmed.

"It may be inherent to the processing... but the biggest message is properly cooked food will not get you sick," he said.

Still the just-released data is what led the USDA six months ago to beef up inspections and raise performance standards in broiler plants.

And it seems to be working.

Pilgrim's Pride didn't return phone calls, but USDA's spokesperson told News 8 the company and others have spent millions of dollars on training and new equipment. And it seems to be working.

In the first quarter of 2006 - failure rates decreased to 12 percent across the board - compared to 16.3 percent in 2005.

Consumer watchdog group Food and Water Watch broke down the results and for the first time, consumers can track which plant their chicken comes from and the safety record of that plant.

The plant's number is found on the USDA safety seal- its record is found on the watchdog's website.

But Dr. Carlo and the USDA warn the best information, even improved safety numbers, can lure trusting consumers into a false sense of security.

"Raw meat- poultry, beef and everything else should be assumed to be filled with contamination until is cooked properly," he said.

Chicken safety tips:

Buy a meat thermometer.

Make sure poultry is cooked to 165 degrees.

Don't use your meat utensils on any other food.

Clean and sanitize surfaces touched by poultry.

Wash your hands.

[TexasStooge]

Frisco to open 1,000 acres to development

Phillips Creek Ranch project could be home to more than 10,000 people

By STEVE BROWN / The Dallas Morning News

FRISCO, Texas - A Michigan developer has received approval to build on one of the largest undeveloped tracts in Frisco.

Crosswinds Communities Inc. plans to develop almost 1,000 acres on Lebanon Road west of the Dallas North Tollway into a master-planned residential community. Work will begin next month.

Plans for Phillips Creek Ranch were approved this week by the city of Frisco. The project could ultimately house more than 10,000 people.

"When we bought the land, it was zoned for approximately 5,100 homes," said Joe Cotter, who oversees the project for Crosswinds. "We have down-zoned it to 3,228 homes so we would have a lot more open space.

"We wanted a master-planned community that had the feel of a ranch," he said.

To get that, developers will create 140 acres of parks, several lakes and wide landscaped boulevards.

At entries on Stonebrook and Lone Star Parkways, parks will include waterfalls, ponds, stone picnic pavilions and huge bronze equestrian sculptures.

The running horse statues will be a nod to the property's past as a quarter horse ranch owned by B.F. Phillips.

The Phillips property was acquired by developers in the late 1990s and became part of the 3,500-acre Lone Star Ranch residential community. But in 2004, lender Beal Bank foreclosed on the land.

The bank sold the property in September to Crosswinds, which has residential developments from New Jersey to Southern California.

"We wanted to make sure that when we made our entry into the market, it was with a project that had high impact," said Mark Singerman, Crosswinds senior vice president. "This was an opportunity for us to develop a diverse community."

Along with homes priced up to $2 million, Phillips Creek Ranch will have land set aside for townhouses and apartments.

Two shopping districts are also planned.

Almost a dozen parks and greenbelts will be included in the development.

"We'll have a pedestrian trail system so regardless of where you live, you can walk to the park," Mr. Cotter said.

The developers are talking to more than a dozen builders and have preliminary agreements to sell a large number of lots.

Construction will start on the roads and utilities next month, and the first lots will be ready for homebuilding to start in fall 2007.

Crosswinds is also developing large residential projects in San Antonio and the Houston area.

"We are looking for additional opportunities in the Dallas area," Mr. Singerman said. "We are very high on Texas."

[TexasStooge]

North Texas sees blood shortage

By CAROL CAVAZOS / WFAA ABC 8

Water isn't the only vanishing resource in North Texas. Blood supplies are dwindling, too.

That's expected during the summer months, but the Red Cross said its supply has reached a critical low.

Flooding in the northeast, high school and college students on summer break and summer vacations are reasons for the shortage.

The American Red Cross considers "low" less than a three-day supply. Nationally, they say, they're at a critical low.

"In some areas of North Texas, it has less than a day's supply of blood," says Audrey Lundy from the Red Cross North Texas Region.

Summer means more car crashes and severe trauma, the number-one cause of death in persons under age 45.

"No one knows when fate has their car collision scheduled, and the difference between a fatal car crash and a near fatal one could be just a few pints of blood," said Parkland Memorial Hospital emergency room physician Dr. Paul Pepe.

While the Red Cross provides four percent of the blood for North Texas, Carter Blood Care provides the remaining 96 percent.

Though not critical, they are below their preferred goal of 1,000 donors a day and note that a single donation—when separated into platelets, plasma and red blood cells—can save more than one life.

"It saves two and three lives—that baby born premature tomorrow morning. It saves a cancer patient and more. For me it could save my father's life," said Donor Center team member Ray Ivy.

Ivy's father is battling cancer.

"A lot of people don't donate until it's someone in their family who needs blood," said Donor Center coordinator Vonda Jacobs. "I just think if we all would come out on a regular basis, we wouldn't wait until we had an appeal for everyone to come out."

[TexasStooge]

Gunmen kill woman in Dallas apartment

DALLAS, Texas (WFAA ABC 8) - Dallas police said a woman was killed and a man was seriously injured when they were shot at an apartment near Southwest Center Mall on Saturday night.

Police said as many as three men opened fire after demanding property from the couple at the Woodglen Apartments in the 6800 block of South Cockrell Hill Road around 9:15 p.m.

The woman who was shot dead was identified by the Dallas County Medical Examiner's office as Elizabeth Avery, 30.

"Currently, homicide detectives have responded, are canvassing the area trying to locate possible witnesses, and working to identify a suspect," said police spokesman Sgt. Max Geron.

Avery's boyfriend, whose name was not available, was taken to Methodist Dallas Medical Center in serious condition.

Police said the suspects will face capital murder charges.

WFAA-TV photojournalist Bryan Titsworth contributed to this report.

[TexasStooge]

Body found near Lake Lewisville

LEWISVILLE, Texas (WFAA ABC 8) - A body found not far from Lakeview Marina on Lake Lewisville is believed to be that of a man who went missing on Thursday, police say.

Tom Reedy from the Denton County Sheriff's Department said a body was recovered about 12:45p.m. Saturday.

The Game Warden and Medical Examiner have been called to the scene.

The 42-year-old man disappeared while boating on Lake Lewisville.

Witnesses say he was trying to prevent a boat from drifting away from a family who were swimming in the water.

At least seven people have drowned on North Texas lakes since mid-May.

[TexasStooge]

An easy out for sexual predators?

Halfway house escape feeds criticism of civil commitment system

By ROBERT THARP and DIANE JENNINGS / The Dallas Morning News

DALLAS, Texas - When one of Texas' most dangerous sexual predators vanished from a Dallas halfway house two months ago, he didn't need an elaborate escape plan.

Mark Petersimes simply sliced the electronic monitor from his ankle and strolled to a nearby convenience store before disappearing.

He was one of 66 violent sexual predators who were judged to be so dangerous, so likely to offend again after they serve their prison time, that they were committed to an intensive supervisory program similar to house arrest.

The ease of his getaway highlights a major difference between Texas' civil commitment program and that of the 16 other states with such programs. Only Texas has an outpatient program that releases offenders into the community rather than keeping them under lock and key.

Critics say the program is small and poorly funded and offers little public protection.

Nor has the program successfully rehabilitated any offenders – no one has been released from civil commitment since the program began in 2001, and more than 40 percent of the offenders have been sent back to prison for rules infractions. None has committed a new sexual offense.

Even some officials who work with the program have doubts about its effectiveness.

"What it sells the public on is a false sense of safety that Texas really is doing more than they are," said Dr. Judy Johnson, a Texas Department of Criminal Justice manager who identifies convicted sex offenders who may be eligible for civil commitment upon their release from prison.

"It is a Band-Aid for a much bigger problem."

But supporters say the Texas program is a cost-effective way to manage such offenders because other states confine them but do not require counseling.

Texas spends about half a million dollars a year on its outpatient program; other large states spend much more to keep such offenders locked up. Florida spends $22.6 million; California, $45.5 million.

"The Texas program is very safe," said Allison Taylor, executive director of the Texas Council on Sex Offender Treatment, which administers the civil commitment program. "Other states now think we have taken a rational approach in dealing with sexually violent predators."

Fed up and fleeing

Walking away from the program was easy for Mr. Petersimes – and he wasn't the first.

Jose Morales remains at large more than three years after he disappeared. A third offender fled but was quickly apprehended, authorities say.

Mr. Morales, one of the state's first offenders to be civilly committed, made no secret that he chafed under the program's restrictions.

Mr. Morales wanted to work, ride a bus and watch cable television – all forbidden under the terms of his commitment.

"I can't go anywhere without getting permission first," the twice-convicted rapist told the San Antonio Express-News three months after his release from prison. Later that year he left the San Antonio home he shared with his mother and disappeared.

Typically, caseworkers must approve all visitors. One Dallas offender complained to a judge that his gravely ill mother was not allowed to visit.

Offenders can't go anywhere without approval, which is rarely granted. Activities such as going to a movie or the mall are mostly forbidden.

Mr. Petersimes, 46, didn't complain about the restrictions, but housemates said they figure the pressure got to him.

"He was having a good time, I thought," said one Dallas sex offender who knew Mr. Petersimes.

Like the other men in the program, Mr. Petersimes is a repeat sex offender who was flagged by authorities for commitment before his release from prison.

In 1981 he was convicted of attempted sexual assault in North Carolina and received a two-year sentence. After his release, he worked in construction and was homeless at times before he was arrested in Texas in 1991 and charged with molesting two young girls. He pleaded guilty and was sentenced to 12 years in prison.

In 2003, after Mr. Petersimes served the last day of that prison sentence, his case was reviewed by several experts before prosecutors had him committed in a civil jury trial.

He was released to an Austin halfway house and walked away shortly afterwards. He was caught the same day and sent back to prison for 28 months.

In January, he was sent to the Dallas halfway house and was last seen hitching a ride in the predawn darkness May 2.

The problem of absconders such as Mr. Petersimes is an issue for the Legislature to deal with when it convenes in January, said Sen. Florence Shapiro, R-Plano. Ms. Shapiro originally pushed for a secure facility for civilly committed sex offenders. When the funding didn't materialize in 1999, she supported the outpatient program.

But she said no program can provide blanket security to the public.

"No one that knows and understands sexual predators will ever believe that the public is safe," she said. "I don't want anybody ever to believe that because some of these people are in civil commitment or behind bars or stay in the penitentiary for years, there's ever going to be a complete security."

Too few or too many?

Roxanne Lieb, director of the Washington State Institute for Public Policy, a nonpartisan think tank, said, "The notion of outpatient treatment when you're usually talking about predatory sex offenders just seems like an oxymoron."

If someone is dangerous enough to be considered a sexual predator, most states think that person should be behind locked doors.

Ms. Lieb said the low number of people committed under the Texas program is also puzzling. Texas has more than 44,000 registered sex offenders, yet only 66 have been civilly committed.

Nationwide, about 3,500 people have been civilly committed. Florida, which began its program the same time Texas did, has committed more than 450 people.

Those who object to civil commitment of any kind, such as Huntsville defense attorney David O'Neil, laud the state for prosecuting so few people, saying it shows they're committing only the "worst group of offenders."

But prosecutors say they would have more offenders committed if they had more funding. More than 400 sex offenders were flagged for civil commitment before they were let out of Texas prisons, said Joey Robertson, who oversees prosecution of commitment cases for the state.

Most of them should have been committed, Mr. Robertson said. He said that he's confident the program protects the public but that he would sleep better if more were prosecuted.

"The hardest part of our job is deciding who to file on," he said. "Our goal is to civilly commit as many as qualify as possible – with the funding available."

Sen. John Whitmire, the Houston Democrat who helped create the program, said he wonders whether other states such as Florida are committing too many people. "Sounds like they're kind of [painting] with a broad brush," he said, "placing a lot of people in the program."

Ms. Shapiro said the program works, "and it's at a low cost."

"Should we do more? Yes," she said of the low number of commitments. "Will we do more in the [next] legislative session? Yes."

No new programs

Most civil commitment programs were created in the 1990s, after several highly publicized cases focused attention on predatory sex offenders.

The public continues to be horrified by such cases, but the number of states using civil commitment as a management tool has stabilized.

Washington state was the first to institute civil commitment, and it's still "a very difficult problem," Ms. Lieb said. "Social policy approaches to offenders is a very difficult thing to get right."

Experts attribute the lack of new programs to judicial scrutiny and rising costs.

"I think all states have debated it in every legislature," said Scott Matson, research associate for the Center for Sex Offender Management near Washington, D.C. "And one of the main reasons they don't pass them is it does cost an exorbitant amount of money."

The programs have been deemed constitutional, but judges have ordered modifications, which have increased costs in recent years, Ms. Lieb said.

She said she thinks the efforts "to contend with this combination of mental health issues and criminal conduct" through civil commitment have peaked.

So far, no state with a civil commitment program has dropped it. But worries are mounting as the number of civilly committed offenders and the costs of housing and treating them soar. That's why some states have begun looking at the Texas outpatient approach.

No signals

On the day Mr. Petersimes vanished, he tended a small plot of tomato and pepper plants on the facility grounds and went to sex-offender counseling. A housemate said Mr. Petersimes gave no hint that he was planning to flee: "He came in from counseling that afternoon, and he was gone that night."

Patients in other states may refuse treatment, but in Texas, that can send them back to prison. Taking a walk or going to the store also are violations – third-degree felonies, with penalties of two to 10 years in prison.

"The idea that when someone violates conditions that they're subject to a third-degree felony is beyond the pale," said Mr. O'Neil, the Huntsville attorney.

"The conditions are so onerous ... I don't believe most of us would be able to comply."

In fact, the program has lost nearly half its participants because the restrictions have proven difficult to live with. Of the 66 in the program so far, about 30 have been returned to prison at some time.

Of the five men civilly committed in Dallas, all but one has been accused of violating the restrictions.

Gerome Alexander faced a sentence of up to life in prison after caseworkers charged that an angry phone message he left on his girlfriend's mobile phone was a violation. He was acquitted at trial.

David Wayne Jones, one of the most notorious child molesters in Dallas history, also faces a return to prison. Among the violations he's accused of: making contact with a Dallas Morning News reporter. Investigators say he also hoarded medication, lied to caseworkers, wrote unauthorized letters to prison inmates, was disruptive and attempted suicide.

One of Mr. Petersimes' housemates said he believes the strict rules became too much for Mr. Petersimes. "We're basically locked down over here," the housemate said. "Being here 24/7 every day got to him. It'll get to anybody."

The man said he's not bitter about being committed and hopes to be released one day. "I had victims out there. They're having to pay for it the rest of their lives and everything. I don't think I should have to pay the rest of my life, but I think I should have to pay for it."

Authorities won't disclose what they're doing to find Mr. Petersimes, saying it would hinder their efforts. But they've asked for help from the public. The manhunt was the main feature of a May 27 episode of America's Most Wanted.

"We're obviously hopeful that that will stir up some leads," said Texas Department of Public Safety spokesman Tom Vinger.

Besides state and local law enforcement, the U.S. Marshal's fugitive task force is looking for Mr. Petersimes.

"Obviously he's a public safety risk," Mr. Vinger said. "There's no doubt about it. Based on his crimes before – sexually assaulting two young girls – you'd certainly have to consider him a risk to re-offend."
_____________________________________________________________

BY THE NUMBERS


17 states have civil commitment programs*


1 state that doesn't lock up offenders (Texas)


3,493 sex offenders had been civilly committed nationwide as of December 2004


66 sex offenders were civilly committed in Texas as of this month


427 sex offenders were released from civil commitment nationwide


No sex offenders released from civil commitment in Texas


3 absconders in Texas; one has been recaptured, two are at large.


*Arizona, California, Florida, Illinois, Iowa, Kansas, Massachusetts, Minnesota, Missouri, New Jersey, North Dakota, Pennsylvania, South Carolina, Texas, Virginia, Washington, Wisconsin

[TexasStooge]

Exhibit shows new face of Texas heroes

By DAVID FLICK / The Dallas Morning News

Sam Houston, not surprisingly, holds a prominent place in the Dallas Historical Society's current exhibition of "Texas Heroes."

But so do Bessie Coleman, Benjamin Henry Grierson and Annie Webb Blanton. And who are they?

The answers – a pioneer aviator, a white officer in the Buffalo Soldiers and the first woman to hold statewide office – appear in the exhibition that runs until Sept. 6 at the Hall of State in Fair Park.

The obscurity of some of the names is no accident.

"This is, by no means, a definitive list. This is an appetizer. It's a way to get you thinking about what is a hero," said Alan Olson, the society's curator. "How does the definition change over time?"

Michael Duty, the society's CEO, said the idea for the exhibit came to him as he was walking through the Hall of Heroes in the Hall of State. The hall features bronze statues of six figures of the Texas War of Independence – James Fannin, Mirabeau B. Lamar, Stephen F. Austin, Sam Houston, Thomas Rusk and William B. Travis.

Mr. Duty noted that the six had been selected by a panel of historians in 1936 for the opening of the Texas Centennial Exposition.

"I wondered, if we were choosing heroes today, which ones would we pick?" he said.

Beginning last autumn, society officials polled historians and museum administrators. They also set up space on their Web site for the public to make nominations. This year, they winnowed the responses to about 30 names, whose photos and profiles are now on display.

The six heroes picked 70 years ago were all white men whose achievements were either political or military. The current exhibition is more ethnically and professionally diverse.

So, along with traditional military figures such as Medal of Honor winner Audie Murphy and Adm. Chester Nimitz, the exhibit includes the Mexican-born Francita Alavez, who protected Texas soldiers captured by the Mexican army during the Texas Revolution.

Other members of the current exhibit include Minnie Fisher Cunningham, a suffragist, and Quanah Parker, last chief of the Quahadi Comanche Indians. Photos and biographies of civil rights figures such as Dallas' Juanita Craft are also on display.

Besides photos, the exhibit includes artifacts of some of the Texas heroes and taped tributes from contemporary Texans such as Republican Sen. Kay Bailey Hutchison. As visitors exit the exhibit, they are asked to vote for their six favorites. The winners will be displayed on the historical society's Web site after the exhibition closes.

Over 70 years, the basic qualities of heroism haven't changed, said Mr. Duty. They include courage, honor and dignity.

"But a lot of it is the courage to make unpopular decisions," he said. "A lot of the people in the exhibit would not have been considered heroes in the era in which they lived, especially those in the civil rights movement."

Conversely, at least two of the original six figures in the Hall of State were not among the new selections – although their heavy bronze presence in the midst of the hall makes them de facto members.

In light of further historical research, the reputations of James Fannin, who commanded Texas forces at Goliad, and Mirabeau Lamar, a president of the Texas Republic, have suffered, Mr. Duty said.

"Fannin made some bad military decisions, and Lamar, although he's considered the father of education in Texas, also removed Native Americans from Texas. So I don't think modern historians would consider him a hero," Mr. Duty said.

Historical society officials also wanted to separate heroes from celebrities. There are no sports figures in the exhibit.

Although there was strong sentiment for such figures among the people polled for the exhibit, none were chosen because their reputations haven't yet stood the test of time, Mr. Olson said.

"Times are changing," he said. "We're not pushing an answer; we're purely a forum."

[TexasStooge]

Police: Pregnant woman shot while intervening in fight

FORT WORTH, Texas (WFAA ABC 8) - A seven-month pregnant woman is recovering in a Fort Worth hospital after she was shot while trying to break up a fight between her husband and a neighbor Saturday night, authorities said.

Reitha McConley's husband, Scott McConley, and neighbor James Ruud face charges in connection with the case.

Authorities said the men were arguing in the 10000 block of Jacksboro Highway when the fight turned physical; and McConley was shot while trying to intervene.

The woman and her unborn child are in good condition.

[TexasStooge]

Miss Frisco becomes first black woman crowned Miss Texas

FORT WORTH, Texas (WFAA ABC 8/AP) - Frisco's Shilah Phillips has been crowned Miss Texas and will be the first black woman to represent the Lone Star state in the Miss America pageant.

The 24-year-old won the title last night.

Phillips auditioned unsuccessfully for the "American Idol" talent contest. She says her experience there will help her while being filmed with other Miss America contestants in a reality television show as part of the pageant.

Phillips won the Miss Texas title on her first try. She won the talent and swimsuit competitions during preliminaries last week. She performed a Whitney Houston song for the talent category.

Miss Woodlands Molly Hazlett was first runner-up in the Miss Texas pageant. Shea Yarborough, Miss Southlake, was second runner-up. Brooke Webster, Miss Houston, was chosen third runner-up and Heather Hodges, Miss Plano, was fourth runner-up.

[TexasStooge]

Four hurt in Fort Woth apartment fire

FORT WORTH, Texas (WFAA ABC 8) — The American Red Cross stepped in to help several families who lost their homes to a late-night fire.

The two-alarm blaze started around 11 p.m. Sunday at an apartment complex in the 5500 block of Beaty Street in Southeast Fort Worth.

It took firefighters about an hour to bring the fire under control. Five families were forced out of their homes.

Four tenants suffered smoke inhalation, and one had minor burns.

The cause of the fire remained under investigation.

WFAA-TV photojournalist Mike Zukerman contributed to this report.

[TexasStooge]

School reform in state's hands

Education chief setting rules for local districts on spending, test scores

By TERRENCE STUTZ / The Dallas Morning News

AUSTIN, Texas – Control over public schools is swinging back toward the state as Texas' education chief and her staff write a series of new rules regulating everything from how districts spend their tax dollars to how much student test scores must improve each year.

The rules are part of the massive school finance and education reform legislation passed by state lawmakers in last spring's special session. And while most of the attention was on the effort to cut local property taxes, the Legislature also ordered a long list of education changes that will affect every school campus and district in the state.

The job of putting those in place will fall primarily to state Education Commissioner Shirley Neeley, who is working on nearly two dozen rules governing student achievement, merit pay for teachers and school district spending.

The rules would even empower Dr. Neeley to sweep teachers and administrators out of low-performing schools with limited input from local officials.

Legislative leaders say the changes are needed to get schools on the right track, while school officials worry about erosion of local control – a contrast to the state's landmark 1995 education reform law that emphasized less state regulation.

"There has to be a final word from someone, so we chose the commissioner of education" to implement the reforms, said Sen. Florence Shapiro, author of the new education law and chairwoman of the Senate Education Committee.

While school districts will come under a battery of new state regulations, Ms. Shapiro rejected the idea that local control of schools is being undermined.

"For the most part, they can still do whatever they want," the Plano Republican said. "They got more money and more flexibility in spending their money."

The new requirements, she added, are intended to "keep Texas on the forefront of the national education reform movement."

Dr. Neeley said she will seek input from school superintendents and major education groups, as well as the public, before she puts the new rules in place.

"It will be a very collaborative process," she said.

But many local school officials see a striking movement toward more state regulation of schools. As primary evidence, they cited the establishment of a new uniform start date for all public schools beginning in 2007. School superintendents have had wide discretion in setting their school calendars in the past.

'Too much power'

"There is a feeling among superintendents that the commissioner is getting too much power," said Clayton Downing, director of the Texas School Coalition and former superintendent of the Lewisville school district. "It's not that we don't trust Dr. Neeley, but we don't know who will be commissioner down the road."

Dr. Downing said that while the education and tax measures passed in May produced benefits for school districts, they also prompted superintendents to fear that local control of schools is gradually being usurped.

David Anderson, a consultant with Austin-based HillCo Partners and former curriculum director for the Texas Education Agency, said there is no doubt that state's top education official will become more powerful under the new law.

"It is perhaps the most significant shift of authority to the commissioner's office in the past 15 years," Mr. Anderson said. "Whenever more authority is placed with the commissioner and Texas Education Agency, there is some erosion of discretion and decision for school superintendents and local school boards."

Dr. Neeley, who did not request the new authority from the Legislature, said school districts will have ample time to prepare for the requirements.

"Most superintendents are ready for a more rigorous instructional program and want to work to make this a win-win situation for our schoolchildren," she said.

Possible rules

Some of the rules being drafted by Dr. Neeley and the education agency would:

•Set state benchmarks for annual improvement in student achievement, based on the Texas Assessment of Knowledge and Skills. The agency will then report whether each student met, fell below or exceeded the expected level of improvement, with results provided to teachers and parents.

•Establish spending targets for each school district based on data from campuses and districts found to be most efficient and effective. Spending targets would be set for instruction, central administration, district operations and any other category decided by the commissioner. School boards that exceed the targets must publicly defend their actions.

•Authorize the commissioner to set the requirements for paying out $260 million in incentive pay for teachers and other school employees. The program is touted as the largest incentive pay program for educators in the nation.

But the power to quickly intervene at school campuses or districts that have low ratings could be the most significant change in store.

Campus intervention

Under the new law, the commissioner can replace the entire staff at any campus that is rated academically unacceptable for two years in a row. A campus intervention team appointed by the commissioner would determine which employees would be removed, with the principal automatically removed. The team would run the campus until it was rated acceptable.

The change begins with the recently completed 2005-06 school year. Although this year's ratings won't be out until next month, a total of 364 campuses – including 51 charter schools – were graded academically unacceptable a year ago. If similar numbers are poorly rated this year, thousands of teachers and principals could be replaced in summer 2007.

And if a campus continues to receive poor ratings for two years after state intervention, the commissioner must turn over management of the school to a nonprofit education entity or order closure of the school. The commissioner can take similar actions against a school district for multiple years of poor academic or financial ratings under the state's accountability system.

The changes signal a shift in power not only to the education commissioner, but also to the governor, who appoints the commissioner, said Richard Kouri of the Texas State Teachers Association. Dr. Neeley was appointed by Gov. Rick Perry.

Local control shrinks

"Things that were previously decided locally no longer will be," he said, citing another rule that empowers the commissioner to order a school district or campus to hire an outside professional to examine problems in finances, student testing, data quality, governance or learning programs.

"The pendulum has swung pretty far in the direction of more state control over public education," he added.

[TexasStooge]

Center helps runaways get back on track

It teaches youths that fleeing problems solves nothing

By CHRIS COLGIN / The Dallas Morning News

Last month, Vanessa, 16, and a friend pawned their jewelry and bought two $45 bus tickets to Chicago. She left no note for her family, no telephone message, nothing.

Her father thought she might be with a guy, who might be part of a gang, which might be into drugs or worse. Her mother couldn't sleep at night; she was briefly hospitalized when stress aggravated her diabetes. They were scared, angry, worried and confused.

When Vanessa came home two weeks later, a truancy judge sentenced her to 30 days at the Letot Center for runaways. It was not a punishment; it was an intervention.

"I didn't know the consequences of me running away," she said as her 7-year-old sister held her hand and her parents sat across the table on the day of her release from Letot.

"Now I know, and I won't do it again."

The center, aided by the Dallas Police Department's High Risk Victims and Trafficking unit, has helped the city become a leader in the country for protecting its children.

"Dallas has taken the effort against child exploitation light years beyond anyone in the country," said John Rabun, vice president of the National Center for Missing and Exploited Children.

Letot, which opened in 1979, works to reunite runaways with their families whenever possible and to prevent youths from entering the juvenile justice system. For youths needing a place to stay, shelters are available for up to 30 days.

Throughout the country, about 355,000 children run away each year; 9,000 of those end up in Dallas. About 2,400 end up moving through the center.

"Letot is the largest and most comprehensive center for runaways in the country," said Sam Quattrochi, director of Letot.

In the past, Dallas police have routinely picked up runaways off the street, only to return them to possibly troubled homes where they are likely to run away again. These children are vulnerable to exploitation or becoming criminal offenders.

"What we've been doing in the past simply has not been working," said Sgt. Byron Fassett, who helped create the high-risk victims unit in November. "We've had to reinvent the wheel."

By red-flagging chronic runaways, the department is able to identify high-risk victims.

"When we started to look at all the kids that are sexually exploited, the kids that are involved in prostitution, we saw that 80 percent of those kids had run away four or more times in a 12-month period," Sgt. Fassett said.

In Dallas, child prostitutes are not treated as criminals, but as victims.

"It's easy for us to categorize runaways as problem children, troubled kids, and for everybody to push them along," Sgt. Fassett said. "When the entire system, including the parents, doesn't do its job, then the child slips between the cracks."

This nontraditional approach to juvenile police work is receiving national recognition.

"It's the walk-on-water unit," Mr. Rabun said. "It's the national model."

After runaways are interviewed by police to determine if they've been exploited by adults, police transport them to the center off Denton Drive near Harry Hines Boulevard in northwest Dallas.

"The Police Department can't solve the problem by itself; the juvenile department can't solve it by itself; CPS and social services can't solve this problem by itself. But as a system, working cooperatively together, we can make some headway to help these kids," Sgt. Fassett said.

Activities – such as group therapy, confidence-building sessions, life-skills development and family counseling – help the children open up and address the problems in their lives.

"We provide a lot of tools for them that they're not receiving outside," said Bonnie Buccigrossi, juvenile resident officer. "Journaling and art help the youth process their problems in their own minds."

The center has a 69 percent success rate at releasing children back to their parents or primary caregivers.

"Here at Letot, we try to nurture the children and the whole family," said Violet Zuniga, a Letot case manager, "but we make the most progress when the family realizes they need to change."

After Brenda Zapata, 16, physically assaulted her mother, the juvenile court gave her the choice between a $500 fine or nonresidential Letot family counseling; she opted for the counseling. With the help of Ms. Zuniga, Brenda and her mother, Maria, who agreed to be identified in this story, have been working on their communication for the past month.

Mrs. Zapata said she believes the counseling is effective. She asks her daughter about her plans for the day, and they joke with each other around the breakfast table.

"I'm glad I came here," Brenda said. "I wouldn't have understood what I did was wrong and why. Fines don't teach you anything. Letot did teach me something. Things are better at home because of it, and now I want to make something out of myself."

The center is about to undergo a $5 million fundraising campaign to build a long-term residential facility for runaways. The money would expand Letot so that children with severe issues could stay six to 12 months. New long-term programs would be aimed at building independence and responsibility in order for the runaways to have the skills they need to become adults.

"It's impossible for us to try to solve 15 years of problems in 30 days," Sgt. Fassett said. "Right now, we simply have no place to put these kids. As a result, they go right back to their destructive environments and then run away again. For us to take this to the next level, we have to have long-term secure placement for these kids."

During her stay at Letot, Vanessa spoke with counselors, peers and her family about changes she would make. She wants to be more responsible. She wants to finish school. She wants to be happy.

Vanessa and her parents were glad to be reunited after her 30-day stay at the Letot Center. Vanessa missed her mom's home-cooked food, and Vanessa's parents missed their daughter.

"I don't think I'll run away again," she said. "I don't want to anymore."

[TexasStooge]

Be alert for fire ant danger

By CAROL CAVAZOS / WFAA ABC 8

If you're new to Texas, you're new to fire ants. If you're not careful, they could end up costing you a trip to the emergency room.

A small percentage of people are highly allergic to the insects' sting, which can be fatal.

Like weeds, fire ants are here to stay. They were unwittingly imported to the U.S. in the 1940s and have since spread across 80 million acres of Texas—about two-thirds of the state.

Fire ants are found primarily in eastern Texas, but do now also inhabit some areas of West Texas.

They're in your backyards, and can get into your house looking for food.

Six-year-old Grace Henderson was bitten by fire ants last year. "I was playing with a little puppy named Buffy, and it was in the eveningtime and I was wearing flip-flops, so I ran around and I stepped in the ant pile," she recalled.

Grace suffered a severe allergic reaction. Her mother rushed her to the hospital, unaware that she was allergic to the pests.

"Those kinds of reactions include such symptoms as swelling of the throat, generalized hives, dizziness, nausea, vomiting, coughing, wheezing, breathlessness associated with asthmatic symptoms," said allergist Dr. Robert Sugarman, who added that the only way to discover an allergic reaction to fire ants is to be bitten.

Doctors often prescribe an injectible epinephrine "pen" handy for patients with a history of severe allergic reactions.

[TexasStooge]

Fire damages DeSoto office building

DESOTO, Texas (WFAA ABC 8) - Firefighters doused a blaze at a DeSoto office building early Monday.

Fire engulfed the building at 1624 Falcon Drive around 1 a.m. It was occupied by the Warrior Group, an office furniture company.

The blaze caused the roof to collapse, causing $200,000 in damage, said Mike Neill, assistant fire chief for DeSoto Fire Rescue.

The office was closed at the time of the fire and no injuries were reported.

Investigators are still trying to determine the cause of the fire. “It started in the rear of the building but they don’t know why,” Neill said. “It’s pretty well destroyed.”

[TexasStooge]

'Grandma'? No. 'Kinky'? Yes

AUSTIN, Texas (WFAA ABC 8/AP) — Carole Keeton Strayhorn won't get to be called "Grandma" on the November ballot, but fellow independent candidate for governor Kinky Friedman will get to use his nickame, the state's elections chief ruled Monday.

Secretary of State Roger Williams decided that Friedman's given first name will also appear. Friedman had wanted to be known simply as Kinky Friedman, but he will appear on the ballot as "Richard 'Kinky' Friedman."

Williams ruled that Strayhorn's use of "Grandma" is a slogan and therefore not allowed on the ballot under the Texas Election Code.

Strayhorn, the state comptroller since 1999, contends many Texans know her as "Grandma," and she calls herself "one tough grandma." She's running in her first election with her current last name. The last time she ran for office, in 2002, before she remarried, her last name was Rylander—a name she'd held for years in public office.

Both independents are trying to oust Republican Gov. Rick Perry. Democrat Chris Bell and Libertarian James Werner also are running for governor.

[TexasStooge]

Convicted killer of teenage Houston girls set to die

HUNTSVILLE, Texas (WFAA ABC 8/AP) — Even 13 years later, Melissa Pena says the memory of the torture and murder of her daughter remains raw.

“It never ends,” Pena said of the killing of 16-year-old Elizabeth Pena by members of a Houston street gang. “We live with it every day. Our friends will say: 'I don't want to bring it up.' Like the elephant in the room, you can pretend like it's not, but it's always there.”

Derrick Sean O'Brien, one of six gang members convicted of the June 1993 slayings of Elizabeth Pena and her 14-year-old friend, Jennifer Ertman, faced lethal injection Tuesday. He'd be the 14th prisoner executed this year in the nation's busiest capital punishment state.

The parents of both girls planned to attend the execution. The parents were instrumental in changing Texas prison procedures so relatives of victims can witness executions through a death chamber window.

“There's got to be a little bit of that window for me, because, by God, I'm going to be looking,” Randy Ertman said. “And I want him to be looking me right in the eyes as he's dying.”

O'Brien, 31, was spared a trip to the death house May 15 when his lawyers won a reprieve from the Texas Court of Criminal Appeals the day before he was to be executed. Days later, however, the same court rescinded its order, clearing the way for Tuesday's execution.

“You don't know what's going to happen,” Pena said. “We think it's finally going to move along and come to a close and they pull something out of the hat. ... It is very frustrating.”

O'Brien would be the first of three men on death row for the slayings to be executed. Of the six gang members convicted, O'Brien and four others were given death sentences. Two of the death sentences were commuted to life, and another is being reviewed.

Lawyers for O'Brien have asked the U.S. Supreme Court to stop the execution so justices could review his case. They argue there's no legal procedure allowing condemned Texas prisoners to raise challenges that drugs used in lethal injections could cause unconstitutional pain.

“O'Brien has no right to avoid execution, but he does have a right not to suffer cruel and unusual punishment,” the petition filed last week to the high court said.

The justices last month rejected another request for review of O'Brien's case.

O'Brien, who was 18 at the time of the slayings, declined to speak with reporters.

The two girls, returning from a friend's house, took a shortcut home along some railroad tracks and stumbled on a group of teenagers drinking beer after initiating a new gang member.

Evidence showed the girls were gang raped for more than an hour, then were kicked and beaten before being strangled. A red nylon belt was pulled so tight around Ertman's neck that the belt snapped.

Four days later, the girls' bodies were found, decomposing and mummifying in 100-degree heat, culminating a frantic search by families and police under the glare of intense media coverage. A tip from the brother of one of the gang members led police to arrest O'Brien and the others for killings that shocked even crime-hardened Houston for the brutality.

Two of the gang members, Efrain Perez and Raul Villarreal, had their death sentences commuted to life in prison when the Supreme Court last year barred executions for those who were 17 at the time of their crimes.

A third man condemned, Jose Medellin, who O'Brien said was at one end of the belt being pulled around Ertman's neck as he yanked on the other, had his case returned to the state courts under an order from President Bush.

Medellin is among some 50 Mexican-born offenders who argue that under international law they should have been allowed assistance from the Mexican Consulate before trial.

Peter Cantu, described by authorities as ringleader of the gang, remains on death row without an execution date.

A sixth person convicted, Medellin's brother, Vernancio, was 14 at the time and received a 40-year prison term.

Two more Texas inmates are scheduled to die next week.

[TexasStooge]

Man arrested in connection with sexual assaults

ARLINGTON, Texas (WFAA ABC 8) - Arlington police have arrested a suspect in a string of sexual assaults and burglaries in southeast Arlington.

Nicholas Wilborn, 32, of Arlington was arrested and charged Monday with aggravated sexual assault, burglary of a habitation and attempted sexual assault. He was also charged with two counts of criminal attempt burglary of a habitation and attempted sexual assault. He was being held in Arlington jail in lieu of $600,000 bail.

The attacks occurred between September and June in an area near Mayfield Road and State Highway 360. Several of the female victims said a man broke into their homes in the early morning and threatened them with a gun or knife.

Wilborn was arrested on June 27 after patrol officers responded a call in the 2200 block of Sophie Lane. The victim reported that she heard a window opening and when she called out, the suspect ran away. Officers later noticed a black Volkswagen Passat that ran a stop sign and drove away quickly. An officer then made a traffic stop.

Officers discovered that Wilborn had unrelated outstanding traffic warrants and he was placed under arrest.

He was arrested again Monday after Arlington police linked him to the attacks.

[TexasStooge]

Woman injured in Plano parking lot

By JENNIFER EMILY / The Dallas Morning News

PLANO, Texas - Police are investigating an incident where a woman was injured – possibly in a shooting – while walking across a Plano parking lot, Detective Jerry Minton said Monday.

The woman was in the 1100 block of Professional Drive when she was hurt around 12:40 p.m. Monday.

"We're not sure if she was shot or if there was some other kind of injury," Detective Minton said.

The woman, who was not identified, was taken to Medical Center of Plano. The extent of her injuries and her condition were not immediately known.

Detective Minton said that those in the area heard a sound like a gunshot. But police say they have not confirmed that a gun was fired.

[TexasStooge]

Police arrest teacher in alleged rape, attempted break-ins

By REBECCA LOPEZ / WFAA ABC 8

DUNCANVILLE, Texas - Arlington police arrested a Duncanville teacher they said raped at least one woman and broke into three other homes with the intent to rape.

Police said when they arrest Nicholas Wilborn, 32, Monday they found child pornography, a knife, gloves and a video camera that he may have used to film his victims.

Sandra Orupabo's house was among those Nicholas Wilborn, 32, allegedly tried to break into. However, Orupabo said her daughter's cries after she heard the chirping of a window alarm sent the burglar running.

"She was yelling momma, someone is breaking into the house," she said.

Orupabo said her daughter then yelled at the burglar.

"When she saw the shadow she yelled, 'What are you doing?' and he ran," she said.

The mother said he tried to make a quick get away, but was caught around the corner of the home trying to flee in his car.

"The police say when they stopped him he had a knife in the car, he had gloves and he had a bunch of disposable cameras," Orupabo said.

Wilborn's home is not far from most of his victims. Police said he would break into women's homes by going through unlocked windows.

In one rape case, he allegedly told his victim, "If you scream, I'll kill your baby, while the woman's 3-year-old son was in the house. Police said he then bound the victim's hands and feet together, put a pillow case over her head and then used a knife to cut off her clothing.

"This was a dangerous predator that was taken off the street today," Lt. Blake Miller, Arlington Police Department.

Wilborn teaches the 9th grade at Duncanville High School.

"I can't even imagine that someone that you trust your kids to teach every day would even think of doing something like that."

Duncanville Independent School District placed Wilborn on administrative leave.

[TexasStooge]

Reward offered for leads in slaying

McKinney: Police say saleswoman may have known her killer

By KAREN AYRES and TIARA M. ELLIS / The Dallas Morning News

McKINNEY, Texas — A company put up a $10,000 reward Monday to help solve the slaying of a house saleswoman killed over the weekend in McKinney.

Schepps Dairy announced the reward as investigators continued to search for clues in the fatal stabbing of 40-year-old Sarah Anne Walker, who was found dead Saturday in a model home at The Hemingway at Craig Ranch community.

Police are investigating several theories, including the possibility that Ms. Walker knew her attackers, McKinney police spokesman Capt. Randy Roland said. Walker was stabbed 27 times on her upper body.

"Police experience shows that [being stabbed] 27 times is a very personal attack," Capt. Roland said Monday.

Collin County medical examiner William Rohr told police that a "sharp-edged instrument" was used in the attack, but investigators said they don't know exactly what kind of object was the murder weapon.

Walker also suffered bruises in the attack.

A couple on a house-hunting trip stumbled upon the crime scene about 1:30 p.m. Saturday. Furniture, plants and other items were strewn across the floor. Many of Walker's wounds were defensive, indicating that she put up a fight.

The attack stunned residents of McKinney, many of whom moved to the growing Dallas suburb to avoid crime.

It is the second slaying of the year in McKinney.

Walker, who was recently divorced and had a 4-year-old son, was a saleswoman for D.R. Horton. The company did not respond Monday to requests for comment.

Walker's ex-husband, Randy Tate, did not return phone calls Monday, but he spoke highly of his ex-wife over the weekend. The couple divorced in November.

Jeff Domen, Walker's divorce attorney, said Monday that he was shocked to hear of her death.

"A lot of times when people go through a divorce, so often you see people at their worst," Domen said. "I never saw that with Sarah. She was always happy and always bubbly. She was always a pleasure to deal with."

Domen described Walker's divorce as amicable, saying she and Tate planned a birthday party together for their son, Josh, while they were in the middle of their divorce.

"She spoke the world of Josh and loved him and took care of him," Domen said.

Tate and others have said they don't believe Walker had any enemies. But her sister said Walker was attacked in her Frisco home last Thanksgiving. Frisco police said they have no record of the assault.

In another incident, Frisco police were called to her home Oct. 31 when she reported that a friend had stolen some property. When police arrived, there was nothing missing. Walker was apparently intoxicated and had a bump on her head, according to Frisco police.

McKinney police have not named any suspects in the case.

Ed Spencer of Schepps Dairy said Monday that the company hopes that the $10,000 reward will encourage people to come forward with tips. The money will be paid for information leading to an arrest and indictment. The offer will be good for six months.

Spencer said the company has distributed $350,000 for rewards in criminal cases across North Texas. Rewards are paid in about 25 percent of cases, he said.

"All murders are tragic, of course, but some committed against elderly, the very young and everyday working people are particularly compelling," Spencer said. "It's just to try to help the McKinney Police Department solve the crime."

Anyone with information about the case is asked to call the McKinney Police Department at 972-547-7600.