News from the Lone Star State

[TexasStooge]

Breaking News

THE COLONY, Texas (WFAA ABC 8) - The Colony Fire Department reports multiple critical patients at the scene of an accident at Highway 121 and Standridge Drive. Highway 121 is shut down. Details to follow.

Live Traffic Reports from Traffic Pulse

[TexasStooge]

Veterans Day parade honors Dallas war heroes

By CYNTHIA VEGA / WFAA ABC 8

DALLAS, Texas - A special ceremony at Dallas City Hall has kicked off one of the largest Veterans Day celebrations in the country.

A parade of military personnel and veterans - some of them in wheelchairs - arrived at City Hall, to much clapping and cheering.

Both young and old are remembering those who helped to keep our country free.

Many soldiers didn't make it home. Many of those who did remain scarred by memories from the battlefield.

One and all they are war heroes, defending what America stands for, time and time again.

Some families are remembering the current war America is involved in and their hearts are going out to the soldiers serving now.

A display of military might will be on show throughout the day. Also on hand to provide insight and plenty of war stories are veterans and current members of the military.

[TexasStooge]

Multiple injuries in The Colony wreck

THE COLONY, Texas (WFAA ABC 8/WFAA.com) - At least four people—including three children—were reported to be critically injured Friday afternoon when two pickup trucks collided at a busy intersection in The Colony.

Three CareFlite helicopter ambulances rushed to the scene at Highway 121 and Standridge Drive, about one mile west of Main Street.

Early reports were unclear about the total number of people who were hurt in the wreck.

Westbound traffic on Highway 121 was completely shut down to expedite the rescue efforts. The backup stretched toward Frisco in the two westbound lanes.

Live Traffic Reports from Traffic Pulse

[rainstorm]

Multiple injuries in The Colony wreck

THE COLONY, Texas (WFAA ABC 8/WFAA.com) - At least four people—including three children—were reported to be critically injured Friday afternoon when two pickup trucks collided at a busy intersection in The Colony.

Three CareFlite helicopter ambulances rushed to the scene at Highway 121 and Standridge Drive, about one mile west of Main Street.

Early reports were unclear about the total number of people who were hurt in the wreck.

Westbound traffic on Highway 121 was completely shut down to expedite the rescue efforts. The backup stretched toward Frisco in the two westbound lanes.

Live Traffic Reports from Traffic Pulse

keep us updated on this

[TexasStooge]

Tape: Police didn't help dying suspect

By REBECCA LOPEZ / WFAA ABC 8

DALLAS, Texas - Allen Simpson died in police custody two years ago after being placed in a neck restraint by one officer while another held him down.

Simpson, 23, stopped breathing. No one tried to resuscitate him, even though there were several other officers standing just a few feet away.

This week, Simpson's family was awarded the largest wrongful death settlement in the city's history: $800,000.

There's no doubt in anyone's mind that Allen Simpson was breaking the law and running from police. Police said he was stopped with a bag of marijuana.

"He should have, in fact, stopped—in fact, cooperated," said Lakesha Harris, who was Simpson's girlfriend. "But to me, that does not give them the right to take his life."

The police videotape obtained exclusively by News 8 shows Simpson violently struggling with police in the Dec. 28, 2003 incident on Earlcove Drive in Southeast Dallas. Officer Seth Rosenberg placed him in a choke hold, a maneuver now banned by the Dallas Police Department.

Rosenberg's partner, Lonnie Howard, held Simpson down, but when the suspect stopped breathing, the tape shows officers did not try to revive him.

"When the suspect does not promptly regain consciousness, they are to immediately engage in CPR," said Simpson family attorney Michael Pezzulli. "They did not do that. They let him lay there and die."

In the police surveillance tape obtained by News 8, Officer Rosenberg is seen fidgeting with his flashlight, while other officers searched Simpson's car or simply walked around.

It took paramedics 11 minutes to arrive; meanwhile, no Dallas officer tried to help.

"That's heartless; that's cold," Harris said. "That makes my opinion of—I hate to say it—of the Dallas Police Department has been tainted ever since this incident."

The officers said they didn't administer CPR because they did not have protective masks, and Simpson was bleeding and drooling from his mouth. But sources said after looking at the tape and other evidence, the city decided to settle the lawsuit.

The officers involved were cleared by a grand jury and by an internal affairs investigation. Neither could be reached for comment and both are still on the force.

All Dallas police vehicles now have protective masks for officers.

[TexasStooge]

Trooper survives Denton County wreck

By DAN RONAN / WFAA ABC 8

DENTON, Texas - A Texas Department of Public Safety trooper was in Parkland Hospital Friday night after suffering serious injuries when his patrol car crashed in the Denton County town of Aubrey during a high speed chase.

Trooper Michael Windham suffered broken bones and other injuries when his vehicle slammed into a tree on FM 428 and then caught fire.

The quick work of fellow officers to get him out of the vehicle may have saved his life.

Windham was chasing 19-year-old motorcyclist David Strickland through parts of rural Denton County at speeds nearing 100 miles per hour. "That's what he checked the motorcycle at; that's how fast the motorcycle was going," said DPS trooper Lonny Haschel. investigators said.

Officers who were following behind Windham's car fought the flames with fire extinguishers. Several rounds of ammunition in the car detonated from the heat

"He didnt say anything about what happened, anything at all—except, 'Keep the fire away from my legs,'" Haschel said.

Motorist Kim Norton tried to help. "We were pouring bottled water on him and sand under the hood of the car."

Windham was airlifted to Parkland Memorial Hospital in Dallas for treatment.

A short distance from the badly damaged police car, Strickland lost control of his motorcycle. He was not injured.

Strickland works for Denton County as a recently hired jail guard. He's now on administrative leave, potentially facing a long list of charges—and his brief enforcement career is probably over.

"It is pretty ironic; he's going to be booked in the same jail he worked at," said Tom Reedy, a spokesman for the Denton County Sheriff's Department. "If you know anyone that wants a job, we've got an opening."

Trooper Windham's family rushed to Parkland Hospital to be by his side. He was said to be talking, and his injuries—while serious—were not life threatening.

FM 428, a two-lane highway linking Aubrey and Denton, was closed for more than an hour during the emergency situation.

Aubrey is about 10 miles northeast of Denton.

[TexasStooge]

Guilty verdict in TCU murder case

By DEBRA DENNIS / The Dallas Morning News

FORT WORTH, Texas — A Tarrant County jury took about an hour Friday afternoon to convict Edward Lee Busby of capital murder in the 2004 killing of retired Texas Christian University professor Laura Lee Crane.

Busby, 33, hung his head when the verdict was read. The punishment phase of the trial starts Monday. Prosecutors are seeking the death penalty against the Fort Worth man.

Crane, 77, was found dead Feb. 3, 2004, in Oklahoma—three days after her family reported her missing. She was bound and stuffed in the trunk of her own car after being kidnapped from a southwest Fort Worth parking lot.

Busby was arrested Feb. 1, 2004. after he and Kathleen Latimer were found driving Crane’s car in Oklahoma City, authorities said. Latimer is also charged in the case and is awaiting trial.

Busby led police to Crane’s body along an embankment in Murray County, just north of the Texas border.

[TexasStooge]

Signs of pride can lead to danger

By STEVE STOLER / WFAA ABC 8

PLANO, Texas — Thousands of proud but unsuspecting North Texas parents could be giving child molesters vital information about their children.

Plano police are issuing this warning: Do not display your kids' names on your cars or trucks.

Police said the problem is with decals that proudly tout a child's accomplishments—cheerleading squad, drill team, football team—right along with their names and sometimes uniform numbers.

Officers said parents who willingly display their childrens' names are taking a risk and flirting with danger.

"I'm proud of my girls and all that they've accomplished in their sports," said Cheryl Kitzkow of Frisco, who has the names of her three daughters emblazoned on the rear window of her sport utility vehicle.

But with so many sexual predators in the community, Carrollton mom Stephanie Smith said parents who make it easy for criminals to identify their kids are asking for trouble.

"I wouldn't tell anyone my child's name who didn't need to know it," Smith said. "Today—when we can't even let our kids play outside by themselves—why would you want to put your kid's name out on your car?"

Plano police Sgt. Jermy Watney said having that name can give a potential predator the upper hand. "If they're at a soccer game, and they see a kid get out of a car, and they know that kid's name is Mike, they can walk up to that kid and introduce themselves."

Sgt. Watney said the child could conclude that the stranger is a family friend or a coach. "So their guard is going to be let down," he said.

Cheryl Litzkow is rethinking her decision to express her parental pride by using decals.

"I never really thought about that, but it's a great point, and it's making me upset right now," she said. "I want to go rip them off."

Yard signs with a child's name can pose an even bigger potential problem, police said. The people who might want to hurt your child can learn his or her first name and find out where they live at the same time.

Police said stickers depicting teams or organizations are OK, as long as they don't include the names or numbers of participants.

[TexasStooge]

Tax preparers accused of fraud

By BRETT SHIPP / WFAA ABC 8

DALLAS, Texas — Following a News 8 investigation into allegations of fraud by a Dallas tax preparation service, we have been flooded with more complaints, including one against another tax service.

Twin Tax Service of Dallas was accused of padding tax returns and pocketing refund taxes. The preparer has closed his doors.

Now we've learned of an affiliate company allegedly doing the same thing.

Ken Oder of Garland went to small claims court in search of justice.

He said the tax preparation service he used—Quick File Tax of Addison—filed bogus returns without his knowledge, claiming an extra $3,200 in employee business credits and $500 in education credits.

"Just things that don't exist," Oder said.

Then a friend told him to watch the News 8 Investigates report on Twin Tax Service that aired Tuesday night.

"When I started watching it and I started seeing the similarities, it just blew me away," Oder said.

Our investigation brought to light the experiences of dozens of Twin Tax customers suddenly in debt to the IRS over returns allegedly packed full of bogus deductions.

Twin Tax owner Anthony Barber declined an on-camera interview, but told us by phone that his preparers did nothing wrong. But now, many of his customers are being audited, looking for answers but finding only locked doors.

"I can call the number to make an appointment and all I get is deet, deet, deet. They are just hiding from me now," said Al Martinez, a Twin Tax customer.

So what do Twin Tax and Quick File Tax Service have in common? The preparer's name: Anthony Barber.

When Oder took Quick File Tax Service to court, it was Anthony Barber who showed up to support its owner, Mickey Ryoo.

Ultimately, the judge ordered Ryoo to pay Oder the $1,800 she charged to prepare his 2002 and 2003 taxes.

When we tried to interview Mr. Barber, he attempted to wrestle our camera away, but he was eventually stopped by a team of deputy constables.

Barber is now apparently under IRS investigation. However, all the IRS will tell us is that all refund overpayments—regardless of who received them—are the responsibility of the taxpayers.

[TexasStooge]

Schools relied on troubled bus firm

Exclusive: Students rode nearly every other day; districts had complaints

By MICHAEL GRABELL and VANESA SALINAS / The Dallas Morning News

Despite having one of the worst driver safety ratings in the country, a bankrupt South Texas bus company transported high school students almost every other day in the months leading up to a fire that killed 23 Hurricane Rita evacuees on one of its of buses.

In late March, the U.S. Department of Transportation became so concerned about Global Limo that it directed state troopers to inspect the company's buses every time they came across one on the road.

Yet in the months that followed, the company made at least 39 school trips, taking Rio Grande Valley teenagers to soccer games in Austin, band concerts at Disneyland and retreats at a West Texas cattle ranch, school invoices and bankruptcy records show.

This fall, federal officials labeled the company an "imminent hazard ... likely to result in serious injury or death."

Nearly every one of the coaches, teachers and administrators from eight school districts surveyed by The Dallas Morning News recalled a bad experience on a Global bus. But 11 Valley districts continued to hire the company last spring because they had limited options and little knowledge about the company's safety record.

Much attention has been paid to the safety of school buses, but the charter buses that districts hire for long-distance field trips often are overlooked. And one state legislator said student charter bus safety deserves a serious look.

Before the Global bus exploded near Dallas in September, the company was a running joke among band directors, and Valley schools considered it a last resort.

"Every year, one of the Valley bands would get stuck with one of the buses that were awful," said Edinburg North High School band director Willie Perez. One particular bus "was a joke, like, 'Oh, Edinburg North got stuck with that bus this year.' "

But districts kept using Global. Coaches said they have to scramble for any bus because they make the playoffs on short notice. They also have to compete with "winter Texans" who book in advance and other schools that make the playoffs, too. There are only six bus companies in the Valley.

Few officials said they check a Department of Transportation Web site that posts information about a company's accident history, traffic tickets and bus inspections. One who did said Global appeared OK. It was listed as satisfactory and looked about as safe as others in the area.

Instead, the schools require only that a company have a current Department of Transportation certificate and proof of insurance with the minimum coverage. They assume federal regulators and state troopers will shut a company down if it is unsafe.

"I don't have a very large purchasing staff," said Mark David Garcia, purchasing coordinator for the Mission school district. "If they're not providing due diligence, I don't know how we would be expected to. We wouldn't have anyone who would have the expertise."

Global's owner, James Maples, declined to comment. His attorney did not return phone calls.

The complaints

The Edinburg North band was one of the last school groups to take Global buses, when it performed at Disneyland in June.

On the day of the band's trip to California, Global showed up with a 48-passenger bus instead of the 57-passenger bus the school had ordered, Mr. Perez said. Several students rode in the aisle for more than five hours until they got to San Antonio, where Global had another bus.

At Carlsbad Caverns in New Mexico, coming back from California, the driver was cited for not stopping at a checkpoint, missing paperwork and failing to maintain a logbook that tracked how many hours he had been driving.

"They were filling out the records right there on the spot," Mr. Perez said. "These people didn't have their act together."

Without completed records, police had no way of ensuring that the driver wouldn't fall asleep at the wheel. He was told he couldn't drive, but as soon as the bus's second driver crossed the state line, the first driver got back behind the wheel, Mr. Perez said.

Salvador Garcia, boys soccer coach at Brownsville Rivera High School, was so fed up with Global that he made a formal complaint to his school district.

He said that in January the defroster broke and the driver had to take his hands off the wheel to wipe the windshield. Mr. Garcia said he had no choice but to hire Global again for a state tournament on April 14. The company had the only buses available.

But two hours into what was supposed to be a seven-hour trip to Round Rock, the air conditioner stopped working. To keep cool, the players removed their shirts and socks.

"It reached 90 degrees outside that day, but it felt like 100 degrees inside the bus," Mr. Garcia wrote in his complaint. "I was afraid my players were going to dehydrate."

The driver stopped in a small town and said he knew a mechanic there who would repair the bus, Mr. Garcia wrote. They got a new bus, but shortly after, that bus stalled on the freeway and the air conditioning broke again.

"I feel this bus company is not up to the standards of [the Brownsville school district] and strongly believe that the negligence of this company placed our athletes and staff in serious danger," he wrote.

Brownsville's athletic director, Joe Rodriguez, said that after receiving the coach's letter in May, the district decided never to use Global again.

On several occasions, the IDEA Academy charter school in Donna sent its own bus drivers to meet Global's buses halfway because it feared for students' safety, said Rene Cardenas, the school's transportation director.

The school had used Global for about four years without any problems, but "last year was a disaster," he said. Mr. Cardenas recalled buses that broke down, had no air conditioning and had front lights that didn't work. Once, a piece of pipe from the road broke the bus's windshield, but the driver kept going, he said.

"The worst thing about it is that the owner never took it seriously," Mr. Cardenas said. "I feel that if I paid you a lot of money to take my kids out there, you should at least look worried."

Driver cited concern

According to former drivers, Global knew it was putting students at risk but shrugged off maintenance problems. Jesse Garcia Jr. said he drove for Global two summers ago but quit because he thought the buses weren't safe.

While taking a group of children to San Antonio, Mr. Garcia said, he turned the windshield wipers on, and one of the wipers came off. He called the company dispatcher to report the problem. "He just told me to do the best I could do," he said.

While preparing to pick up another group of children, Mr. Garcia said, he had a problem getting the bus's brakes to catch.

"It scared the hell out of me when I tried to stop, when the brakes weren't adjusted," he said. "I had to make a decision whether to pick up the kids or go back [to Global's bus yard]. And I chose to go back."

Mr. Garcia said he had to adjust the brakes himself because Global didn't have a mechanic to do the work.

Trade groups such as the National Association of Pupil Transportation and the United Motorcoach Association recommend that schools check the Department of Transportation's Web site before hiring them.

The site, known as the Safety and Fitness Electronic Records System, or SAFER, lists a safety rating along with the number of accidents and major violations. But many companies have never been rated, and some have "satisfactory" ratings that are almost 20 years old.

The site is based on a more extensive database, known as SafeStat, which is used by police to prioritize safety inspections. SafeStat has been criticized for missing information on accidents and violations because it relies heavily on data from state regulators, who in turn rely on local law enforcement agencies.

That surprised Juan Ramirez, who was Los Fresnos school district's transportation director last spring.

"That's the only place we had," he said. "We really had no other source of information to really check on these companies."

Mr. Ramirez said he learned of the federal Web site through an e-mail newsletter he receives from the pupil transportation association. He said he checked the site twice a year and last checked in December. That was before Global's driving score increased to one of the worst in the country.

"It said they were OK," he said. "I didn't find anything in there that was wrong. They were similar to all the four or five companies that we check."

Not fit for the road

After the September accident, the Texas Department of Public Safety inspected the remains and concluded that the bus shouldn't have been on the road. Federal regulators placed two of the remaining four Global buses out of service. And another bus was broken down in a repair shop in Baton Rouge.

"It's a possibility that they were in the same condition throughout the year," Mr. Ramirez said. "People don't get in that shape overnight."

Mr. Ramirez was the only school official interviewed who regularly checked the site. Others said they checked regulatory and insurance certificates and did walk-around inspections. They did reconsider doing business with some companies if parents and teachers complained.

"They should have known better than sending those buses out on the road," said Jesus Aranda, whose son was on the Brownsville soccer trip. "I don't think that it's fair for people to get on those buses without really knowing all the information that is out there concerning the bus' safety."

State Sen. Eddie Lucio, who represents Brownsville, said he is concerned that so many schools unknowingly used a bus company found to have 168 federal violations just a few months later.

"I'll be asking questions about why so many and why someone didn't do their job in making sure they kept up with the safety codes," he said. "I have two grandchildren that go to school, and I have many nieces and nephews that are still in school, obviously. And I would want them to be safe and sound, especially when they ride the bus."

[TexasStooge]

Town may change name for free TV

Satellite network would give town 10 years of service

By DAVE MOORE / Denton Record-Chronicle

CLARK, Texas – DISH it out. The whole town will take it.

"It" is 10 years of free satellite television for the 125 residents of Clark – if the Town Council votes to permanently rename the southwestern Denton County town DISH as part of a Dish Network promotion.

Mayor Bill Merritt and Dish officials wouldn't confirm it Friday, but some residents say that city officials said at a recent meeting that Clark would be renamed DISH – all capital letters is specified in the contract – with a council vote on Tuesday.

"I think it's a good idea to change the name," said Clark resident Hazel Pennington. She said the name Clark "has kind of a bitter taste."

Though only five years old, Clark has seen its share of controversy, and the switch to DISH is likely to put the city in the spotlight again – joining the ranks of towns like half.com, Ore., and Truth or Consequences, N.M., that changed their names for media glory.

Clark was named after the town's founder, L.E. Clark, who in May lost an election by a single vote and then challenged the results in court.

He lost that fight, too.

Former Mayor Clark doesn't like the idea of renaming the town.

"That's the dumbest thing I've ever heard of," L.E. Clark said. Mr. Merritt "made that announcement that four towns applied for this and they accepted the town of Clark. I would think they would have to have a vote to change the name of the town. He can't just change it on its own."

Mr. Merritt says the town can. Under state law, a general law municipality such as Clark needs only a vote of the Town Council to make a change, he said.

Former Clark Town Council member Joe Ratliff said he thinks Mr. Merritt is trying to punish Mr. Clark with the name change.

"Why else would anyone do that?" he asked.

Mr. Merritt said he's not sure what he will do when workers come around to install free Dish service.

"I don't have satellite TV now," he said. "I had Dish network several years ago and I decided it wasn't worth the money. Why would I pay all that good money for those infomercials? I'm sure this free deal is pretty basic."

The name change is part of promotion by Dish Network to award 10 years of free cable to all the residents in the city that becomes the first to permanently rename itself "DISH."

The service includes 60 channels, Dish's basic lineup. A town of 1,000 residents would receive satellite television service worth $4 million over 10 years, according to a news release by Dish owner EchoStar Communications Corp. Based on that, the gift of satellite would be worth about $4,000 for each Clark resident.

EchoStar officials declined Friday to confirm that calculation.

In exchange, the town government must agree to change the name legally and permanently on government buildings, letterhead and government signage.

The entry deadline for cities was Nov. 1.

"We're in negotiations with certain towns," said EchoStar spokesman Mark Cicero. "We're not ready to make to any announcements."

But Clark residents interviewed this week said they've known for about a month that the change is coming.

"Some of us had discussed it, about changing the name of Clark to something" else, after Mr. Clark lost his re-election run, said Ms. Pennington.

Clark wouldn't be the first community to change its name for publicity purposes.

In 2000, Halfway, Ore., changed its name to half.com, after a Philadelphia-area Internet start-up agreed to donate 22 computers to the city and $5,000 to the Pine Valley Fair Association.

Hot Springs, N.M., changed its name in the 1950s to Truth or Consequences after NBC television and radio producer Ralph Edwards said on his radio show that he wished "some town in the United States liked and respected our show so much that it would like to change its name to 'Truth or Consequences,' " according to the town's Chamber of Commerce Web site.

"It worked for us very, very well," Jackye McDaniel, 68, a Truth or Consequences resident and former volunteer with the chamber. She said the town still has an annual rodeo, golf tournament and a craft show celebrating the name.

"If you've got a gimmick and you want to change your name to DISH, do it," said Ms. McDaniel, a cable customer who aspires for satellite TV one day. "How's it going to hurt you? Ten years of Dish for free? Go for the brass ring."
-------------------------------------------------------------------------------------
WHAT'S IN A NAME?:

November 2005 –Clark officials plan to change the town's name to DISH in honor of Dish Network, which plans to provide free satellite TV service to residents for 10 years.

November 2005 –St. Nicholas, Idaho, considers changing its name to SecretSanta.com for a year to promote the new Web site.

2000 –Halfway, Ore., changes its name to half.com to promote the Web site's used books, movies and CDs. The deal with Halfway led to the sale of the half.com site to eBay for $300 million after worldwide publicity about the name change.

1950 – Hot Springs, N.M., votes to become Truth or Consequences, after Ralph Edwards, the host of the quiz show Truth or Consequences , offered to broadcast once a year from the town that agreed to change its name to the name of his show.

SOURCE: Research by DMN researcher Larry Derrick

[TexasStooge]

Fort Worth police find body of missing deacon

FORT WORTH, Texas (WFAA ABC 8) - Fort Worth police found the body of a 57-year-old Fort Worth man Saturday at Mountain Creek Lake in Dallas, and investigators are treating the case as an unexplained death.

Allen David Schufford, a deacon at Carver Heights Baptist Church in Dallas, had been missing since the weekend of Oct. 22, when he told some friends he was going to Oklahoma, a family member said. Dallas police impounded his car Oct. 23 after it was found across the way from Dallas Baptist University in the 3000 block of Mountain Creek Parkway, said Dallas police spokesman Senior Cpl. Max Geron.

The cause of death was pending an autopsy, but Senior Cpl. Geron said there were no signs of trauma to the body. Dallas police are investigating the case.

[TexasStooge]

Attorney: Yates doesn't want trial

HOUSTON, Texas (WFAA ABC 8/AP) - Andrea Yates doesn't want to face another trial for the 2001 drowning deaths of her children if it can be avoided, her attorney said Saturday after visiting her in prison.

Yates attorney George Parnham drove to the East Texas psychiatric prison unit where Yates works in the commissary Saturday and spent about an hour and a half meeting with her.

"She doesn't want to go through the process of a retrial if that can be avoided," he said. "But we are prepared to defend her all the way."

It was the first time Parnham has talked with Yates since Wednesday, when the Texas Court of Criminal Appeals let stand a lower court's decision to overturn Yates' capital murder convictions for the bathtub drownings of her children, who ranged in age from 6 months to 7 years.

"She had been informed prior to my arrival of the turn of events and she is concerned obviously," Parnham said during a phone interview from East Texas. "But we'll see what the legal future holds for her."

Prosecutors are confident a second trial will result in another conviction.

Based on the appeals court ruling, however, they will be unable to seek the death penalty against Yates, meaning jurors chosen to hear evidence in a new trial won't be limited to only those willing consider a death sentence.

If Yates is again convicted, the only possible sentence will be life in prison unless a lesser charge is considered.

Parnham expects a second trial will end in Yates' acquittal.

"Studies have shown that juries that are death qualified are less understanding of insanity and mental illness," Parnham said. "It very definitely will be this time a trial by a jury of her peers."

Jurors in Yates first trial rejected her insanity defense in 2002. They convicted her of two capital murder charges for drowning three of her five children and sentenced her to life in prison. She was not charged in the deaths of the other two.

To prove insanity in Texas, defendants must show they suffered from a severe mental disease or defect and did not know the conduct was wrong.

Harris County Assistant District Attorney Alan Curry has said Yates case will be retried or a plea bargain considered. He pointed to several witnesses who testified during Yates initial trial that she knew it was wrong to kill her children.

Parnham doubts a plea agreement will be reached. He and Yates former husband, Russell Yates, believe she belongs in a state mental hospital not a prison.

For years, Yates has undergone treatment for mental illness and required anti-psychotic medication, which she continues to receive at the prison unit where she is housed.

Prosecutors have never disputed Yates' mental illness.

The First Court of Appeals in Houston overturned Yates' convictions in January because of false testimony from forensic psychiatrist Park Dietz.

Curry asked the highest criminal court in Texas, based in Austin, to reconsider that ruling. He said the lower court wrongly applied the law when it overturned the convictions.

Dietz incorrectly testified that an episode of "Law and Order" in which a woman with postpartum depression drowned her children and was found insane aired shortly before Yates drowned her five children. Such an episode never existed.

Yates, 41, called police and an ambulance to her home within hours of her husband leaving for work on June 20, 2001. She answered the door in wet clothes and told an officer what she had done. She then led the officer to a back bedroom where the four youngest children's lifeless bodies were laid out on a bed. Police later found the oldest child, Noah, 7, floating face down with his arms outstretched in the tub.

During her trial, psychiatrists testified that Yates suffered from schizophrenia and postpartum depression, but defense and prosecution expert witnesses disagreed over the severity of her illness and whether it prevented her from knowing that drowning her children was wrong.

[TexasStooge]

Garage sale signs a nuisance for some cities

By JAKE BATSELL / The Dallas Morning News

Had he zoomed through a school zone at twice the speed limit, Ramesh Radhakrishnan would have tallied a $200 fine.

But the north Plano resident could face a steeper penalty – about $500 – when he visits municipal court next month. His offense? Placing a sign for his garage sale on the median of Alma Drive.

"Five hundred dollars is too much for a garage-sale sign," said Mr. Radhakrishnan, who said he donated the $175 proceeds from his Sept. 17 sale to Hurricane Katrina relief.

His citation was one of 179 tickets issued in August and September as part of a citywide crackdown on signs planted in public areas. An inspired backlash prompted city officials to halt the fines, and Plano's City Council will weigh an alternate plan Monday.

Cities throughout North Texas are grappling with a glut of temporary signs. As the region's growing population looks for extra cash during a tight economy, code-enforcement officials say the clutter is more difficult to manage.

"They are getting out of control," said Sherri Johnston, environmental services manager in Rowlett, where city staffers picked up 110 signs last weekend, 75 for garage sales.

Ms. Johnston, past president of the American Association of Code Enforcement, said the "sign question" hounds her colleagues regionally and nationally.

"It's pretty much the same everywhere you go," she said. "Everybody's trying to find an answer to this problem."

More cities are enlisting volunteers to curb the sprawl of signs. Garland, borrowing an idea from Mesquite, has started recruiting community groups to collect illegal signs for 50 cents each.

In Dallas, where seven enforcement officers remove signs on weekends, volunteers play a critical role, said Kathy Davis, the city's code compliance director.

Ms. Davis said local members of a national group called Citizens Against Ugly Street Spam often alert her to problem areas or remove illegal signs themselves.

"The volunteers, I think, are really key because obviously our city is large and we don't have enough inspectors to cover all the bases," said Ms. Davis, another past AACE president.

Ms. Johnston in Rowlett is devising a new plan in which signs would require a city-issued sticker to be legal. But she doesn't expect rogue signs will ever vanish from the landscape.

"I don't know if there's ever going to be an answer to the sign question," she said. "It's a matter of education ... getting the information before you have your sale. Because we can ruin your sale pretty fast when we get all your signs."

Plano's sign quandary dates back to 1990, when voters fed up with homebuilders' signs passed a referendum banning private signs in the public right of way. Opponents warned that the ban would apply to any type of signs – including those for garage sales – but 63 percent of voters still approved the measure.

Fifteen years later, with Plano's subdivisions now mostly full, the focus has shifted from signs touting homes to those that advertise commercial ventures and garage sales.

"Kind of like weeds, they're just coming right back until you try to do something about it," said Selso Mata, Plano's chief building official.

In August, after publicizing an enforcement push for several months, the city began writing tickets with fines topping $500. (Under the city's zoning ordinance, an illegal sign can draw a maximum fine of $2,000, although a judge can later reduce or dismiss the fine.)

The campaign caught many by surprise and unleashed a torrent of complaints, including a group of more than 20 residents who protested their fines at Plano's municipal court.

"I've gotten more e-mails, I think, on that yard-sign thing than anything in the last six months," said new council member Harry LaRosiliere, who was elected in May.

Plano stopped issuing tickets in October, although code enforcement officers continue to remove illegal signs. On Monday, the council will consider a proposal that would reduce the range of fines by shrinking the maximum penalty to $500

[TexasStooge]

Exclusive: Car stipends guzzling cash

Some in Dallas ISD getting large allowances but traveling little

One in an occasional series By TAWNELL D. HOBBS and KENT FISCHER / The Dallas Morning News

DALLAS, Texas - Working on the Dallas school district's help desk typically doesn't involve travel; technicians answer the phone and solve computer problems.

But the five help desk workers each get $1,185 a year in car allowances. The money automatically comes as part of their pay. All told, more than 2,300 DISD employees are getting car stipends this year, at a total cost of nearly $3.7 million, according to a Dallas Morning News review of district records.

In a year when DISD cut some elementary school counselors and gave teachers small raises while trying to close a $28 million budget deficit, the $3,684,798 for car allowances has escaped the ax.

The allowances, mostly ranging from $694 to $4,051 a year, are meant to reimburse employees who use their cars for official business within the district. Yet the district requires no proof of how much these employees – including administrative assistants, accountants, supervisors and top managers – travel for their jobs.

Dozens would have to drive more than 950 miles a month to justify the size of their stipends, using DISD's reimbursement rate of 35 cents a mile, according to The News' calculations.

DISD's car allowance spending dwarfs that of two other big school districts – Houston and Florida's Hillsborough County, which includes Tampa – randomly chosen by The News. Both require all but top administrators to file mileage reports for reimbursement.

Additionally, The News found that at least 48 car allowance recipients in DISD have access to district vehicles when traveling on business. Car allowance recipients, like all DISD employees, also get reimbursed for mileage when they travel outside the district. DISD paid $404,000 in mileage reimbursements in 2004-05 in addition to the amount it spent on car allowances.

DISD's car allowances have attracted attention before.

In 2001, the state comptroller recommended limiting the stipends as part of a performance review requested by DISD to identify money that could be shifted to classrooms.

The district spent $1.8 million that year on car allowances for 2,076 employees. Since then, the number of recipients has risen to 2,316, and the cost has more than doubled.

And a plan to increase the stipends even more is in the works.

DISD board president Lois Parrott expressed surprise that car allowance spending had doubled. She also was upset that the comptroller's recommendations were not followed.

"The board has drawn attention to this several times, and they always say they're going to take care of it," Dr. Parrott said. "I have been trying to get more attention drawn to the overspending in the district for some time."

Top district officials said Friday that they would examine the car allowances.

Superintendent Michael Hinojosa said through his spokesman, Donald Claxton, that the district plans to have the Texas Association of School Boards conduct a compensation review, which will include car allowances.

Aimee Bolender, president of the Alliance AFT teachers association, said she is disgusted by the amount spent on car allowances. This summer, Ms. Bolender protested the district's decision not to raise teachers' salaries for 2005-06. Trustees later changed course and agreed to give teachers a small raise.

"When the money's tight, you only pay people for what they actually use," Ms. Bolender said of the car allowances. "It's another way of padding administrators' salaries. It makes me sick and angry."

Limits

It's not unusual for top school administrators to receive car allowances. Most big-city districts around the country provide them.

Dr. Hinojosa's contract provides $12,000 annually for a car allowance. He also has a district driver with a car at his disposal.

But in Houston and Hillsborough County, car allowances are limited to high-level district officials; Houston, the state's largest district, pays them to only 66 employees. Austin gives car allowances to top district officials and some senior officials at individual schools.

Charles Fridia, DISD's executive over car allowances, said it would be too cumbersome to require employees receiving car allowances to log their miles for payment.

"Administratively, that's a complete nightmare, trying to monitor and keep up with all that," said Mr. Fridia (pronounced "Friday"), division executive over district operations and total rewards. "You'd need to bring in a couple of new individuals to try and monitor something like that."

In Houston, one person monitors the mileage reimbursement system, which pays out $589,000 a year. Car allowances cost Houston $478,000 annually.

DISD employees do not even have to ask for the allowances; the money simply arrives each month in the paychecks of those with certain job titles, district administrators said.

DISD gives the car stipends to employees in dozens of job classifications.

Take the case of Travis Washington, the administrator in charge of the district's desktop services division. Because he is classified as an operations supervisor, he automatically gets $1,730 a year for the use of his car. It comes in monthly payments of $144.17. Mr. Washington said that in October, he used his car for district business once.

The help desk workers aren't the only car allowance recipients whose jobs require little travel. Several administrative assistants, for example, get stipends.

Some employees are on the road a lot, however.

Wayne Severson, DISD's internal auditor, estimated that the district breaks even with his $4,051 annual car allowance. The certified public accountant says he travels often to schools to do internal audits. He also responds to principals' calls for accounting assistance.

Mr. Severson said switching employees to a mileage system would bring higher administrative costs and waste more paper.

"Someone has to monitor it," he said. "Someone has to manage it. We have to store them – records retention. You're adding a whole lot of paper."

But even some employees who travel a lot don't travel enough miles to justify the size of their stipends.

Deputy Superintendent Ron Peace, for example, is in charge of DISD's business services. His appointment book shows that he is out of the office three or four times a week. Over the last 90 days, he's driven an estimated 300 miles on district business, according to the addresses in his appointment book and a common Internet mileage estimator.

Mr. Peace did not return phone calls, but Mr. Claxton, the district spokesman, said the calendar accurately reflects the deputy superintendent's travel during that period.

Mr. Peace's annual allowance, $4,051 works out to almost $78 per week or $935 for 90 days. Compare that with the distance traveled to his recent appointments, and the district paid him $3.12 per mile over the last three months. In comparison, the city of Dallas caps taxicab rates at $1.60 per mile.

Mr. Claxton said Mr. Peace only started his job at the beginning of those three months and expects to travel more in the future.

On the flip side is orchestra teacher Emery Kochie, who is assigned to three elementary schools. Including mileage, wear and tear on his car and the cost of gas, he estimates he spends about $800 a year doing his job. Yet Mr. Kochie receives no car allowance.

Better uses

Dale Kaiser, president of NEA-Dallas, an association for school employees, said the money spent on car allowances could pay to hire more teachers. He said some schools exceed state requirements for student-to-teacher ratios.

"Take the car allowance away from some of those high-priced administrators and hire more teachers," Mr. Kaiser said. "Since the comptroller gave her report four years ago, they have doubled the car allowance. That is wrong."

The comptroller's report also warned DISD about double dippers – employees who receive a car allowance and use a district vehicle.

The News' review found at least 48 employees who receive a car allowance and also have access to a district vehicle. Most of the employees, who receive a combined car allowance of $91,000 a year, work in technology and security.

Mr. Fridia said that no employee should be double dipping and that he would check on the situation. Employees in the past few years have received sharp increases in their annual car allowance. For instance, assistant superintendents received $2,877 in 2001; they now get $4,051.

Mr. Fridia said the pay increased because the district went to a new personnel structure that pushed some positions into categories that receive a bigger car allowance. The pay also has increased to keep up with the price of gas, he said. He added that the car allowance stays with the position regardless of whether an employee leaves.

Potential savings

Mr. Fridia said DISD hasn't calculated how much money could be saved by putting all employees on the mileage reimbursement system. But in 2001, the Texas comptroller added it up.

The comptroller's Texas School Performance Review on DISD listed dozens of ways the district could save millions of dollars, including a five-step plan to limit the disbursement of car allowances. The report said the changes would not require additional staff or resources.

The car allowance changes were projected to save at least $1.96 million over five years when the report was done in 2001 – when the district was spending half of what it does now.

The comptroller's report included a recommendation to eliminate car allowances for positions below the executive management level unless there was proper documentation and justification. The plan was to take effect in November 2001.

But DISD followed none of the recommendations.

"The district decided not to implement that proposed structure," Mr. Fridia said, adding that the comptroller " was talking about going with a straight mileage. We just didn't think that was something we could take on at that point in time."

DISD employees could soon get another boost in their car allowances.

Mr. Fridia said the district is considering increasing the stipend in December along with the mileage reimbursement rate in light of gas price increases. He said employees on the lower end of the pay scale would probably receive bigger car allowance raises than those who make higher salaries.

The thought of using a mileage reimbursement system for all employees is unwelcome for Mr. Fridia, who is also DISD's interim associate superintendent for auxiliary services.

"I just get nauseous thinking about it," he said.

[rainstorm]

Tax preparers accused of fraud

By BRETT SHIPP / WFAA ABC 8

DALLAS, Texas — Following a News 8 investigation into allegations of fraud by a Dallas tax preparation service, we have been flooded with more complaints, including one against another tax service.

Twin Tax Service of Dallas was accused of padding tax returns and pocketing refund taxes. The preparer has closed his doors.

Now we've learned of an affiliate company allegedly doing the same thing.

Ken Oder of Garland went to small claims court in search of justice.

He said the tax preparation service he used—Quick File Tax of Addison—filed bogus returns without his knowledge, claiming an extra $3,200 in employee business credits and $500 in education credits.

"Just things that don't exist," Oder said.

Then a friend told him to watch the News 8 Investigates report on Twin Tax Service that aired Tuesday night.

"When I started watching it and I started seeing the similarities, it just blew me away," Oder said.

Our investigation brought to light the experiences of dozens of Twin Tax customers suddenly in debt to the IRS over returns allegedly packed full of bogus deductions.

Twin Tax owner Anthony Barber declined an on-camera interview, but told us by phone that his preparers did nothing wrong. But now, many of his customers are being audited, looking for answers but finding only locked doors.

"I can call the number to make an appointment and all I get is deet, deet, deet. They are just hiding from me now," said Al Martinez, a Twin Tax customer.

So what do Twin Tax and Quick File Tax Service have in common? The preparer's name: Anthony Barber.

When Oder took Quick File Tax Service to court, it was Anthony Barber who showed up to support its owner, Mickey Ryoo.

Ultimately, the judge ordered Ryoo to pay Oder the $1,800 she charged to prepare his 2002 and 2003 taxes.

When we tried to interview Mr. Barber, he attempted to wrestle our camera away, but he was eventually stopped by a team of deputy constables.

Barber is now apparently under IRS investigation. However, all the IRS will tell us is that all refund overpayments—regardless of who received them—are the responsibility of the taxpayers.

lets hope they are closed for good

[TexasStooge]

Dallas police officer killed in shootout

DALLAS, Texas (WFAA ABC 8) - A Dallas police officer was killed in a gunfight Sunday morning as he chased a suspect in a residential neighborhood. The 28-year old patrol officer, Brian Jackson, was shot and killed in the 2400 block of Madera Avenue.

The officer suffered a gunshot wound through the underarm and died at Baylor Medical Center at 3:52 a.m.

Dallas Police Chief David Kunkle was himself on patrol about a mile away when the officer responded to a domestic disturbance in the 2400 block of North Henderson Avenue at about 2:44 a.m.

The chief fought back tears as he recounted the "gut-wrenching" incident and said that officer Jackson's co-workers said he "had an excellent reputation. He loved his wife. He loved his job."

Jackson and his wife, Joanne, had been married for just two months. "I asked Brian's wife what she wanted to say about him, and she just wanted to say that he was a good and caring man," the chief told reporters.

Police identified the suspect as Juan Lizcano, 28. About 45 minutes before Jackson was shot, Lizcano reportedly threatened his ex-girlfriend and fired a handgun inside a house in the 2400 block of Henderson.

Lizcano was not injured and surrendered to police after the fatal shooting. He was being held on one count of capital murder.

Investigators said additional charges were possible as the investigation unfolds.

This is the first police officer killed under Chief Kunkle's watch, since he assumed leadership of the 3,500 member department a year ago.

The chief acknowledged this is a trying time for his department. "We will provide psychological services for officers," he said. "We will make sure that the wife is given everything she needs in preparing for the funeral."

WFAA-TV reporter Carol Cavazos, WFAA.com producer Walt Zwirko and Dallas Morning News writer Margarita Martin-Hidalgo contributed to this report.

[TexasStooge]

Church member accuses pastor of rape

By CAROL CAVAZOS / WFAA ABC 8

FORT WORTH, Texas — A Fort Worth pastor stands accused of raping a 22-year-old church member during a prayer session to cast demons out of her.
Police arrested Leonard Ray Owens, 63, of the Prayer House of Faith Church on Friday night. The alleged sexual assault took place in July.

Those who know the pastor and self-proclaimed prophet expressed shock at the allegations.

Prayer House of Faith is a small church with about 50 members. The congregation started meeting at Owens' home, where he still meets and counsels with members, and where the sexual assaults allegedly took place.

A handwritten sign on the door to his house reads, "Prophet Owens." Neighbors said he might be home, but no one answered when News 8 knocked.

Neighbors would not go on camera to comment, but no one had anything bad to say about Owens or his church.

Church leader Shawnee Walker did discuss Owens' case, but asked that her face not be shown. "I've never seen him touch anybody in the wrong way in front of anything—not in front of me—and that part right there has really shocked me," she said.

Walker said the pastor has lots of visitors. "People are contantly over here—I mean 24 hours," she said.

According to an affidavit, a 22-year-old woman visited the home in July. The affidavit said Owens told her she needed deliverance from demonic spirits, instructed her to lie on the floor, removed her clothing, pinned her down and assaulted her.

Owens' accuser said she was lured back to the pastor's home and raped again a month later.

Walker said she has seen Owens perform a "deliverance."

"I've done some with him, because most of the time, Prophet is not even by himself," she said.

Owens was released from jail Saturday after posting $25,000 bond.

Fort Worth police said they will keep the case open and see whether anyone else steps forward.

[TexasStooge]

Jury deliberates in chili powder death case

DALLAS, Texas (WFAA ABC 8) - A mother accused of killing her malnourished baby with chili powder was still awaiting her fate Saturday night.

Jurors in the trial of Angela Disabella ended the first day of deliberations Saturday. On Thursday, Disabella testified she gave her five-month-old baby Kira chili powder to keep her from sucking her thumb and denied that her intention was to cause death.

The powder eventually clogged Kira's throat and lungs entirely, causing her to suffocate, according to court testimony.

A medical investigator told the jury the baby suffered two broken ribs about a month before her death that were likely caused by blunt-force abuse.

Prosecutors are not seeking the death penalty.

Jurors were scheduled to resume deliberations on Sunday.

[TexasStooge]

Sandwich shop bandit strikes again

RICHARDSON, Texas (WFAA ABC 8) — Police are on the lookout for a criminal with an unusual appetite.

The man with a polite demeanor robbed two Subway sandwich shops in Richardson Saturday morning. It's the third time the suspect has struck at a Subway shop in the past two weeks.

Saturday's holdups—one on the North Central Expressway service road near Belt Line Road, the other in the 2000 block of Plano Road—occurred just after the businesses opened.

In both cases, the robber was almost apologetic. 02:30:22 Meredith Bullard "[He was a] very, very soft-spoken guy," said Subway employee Meredith Bullard. "Said he has a family and he said, "This isn't your fault; it's not even your money. You don't have to worry about it.'"

Richardson police alerted Subway shop managers about the danger after a holdup in Richardson last month.