Child 'almost dies' after taking store sample
By DEBBIE DENMON / WFAA ABC 8
DALLAS, Texas - Joey Roman is like most two-year-olds - fascinated to get his hands on anything.
But what he got his hands on at Whole Foods Market recently was anything but fun.
"They were terra chips and I took a sample, my husband took a sample, and we let Joey reach over and take a sample," said Joey's mom, Ashley Roman. "Within a couple of seconds, he started gagging."
Roman said she first thought Joey had a chip lodged in his throat.
She said the problem turned to be a pistachio shell he had grabbed from the chip tray.
"Within a minute or so my husband said, 'my baby can't breathe,'" Roman said. "I looked over and you couldn't recognize his face."
It was so serious, Joey had to be rushed to the emergency room at Children's Medical Center.
"I was afraid he was going to stop breathing; I was afraid they were going to have to do a tracheotomy; I was afraid his heart was going to stop," Ashley Roman said.
E.R. doctors said Joey had a severe allergic reaction called anaphylactic shock.
"It's rare but it certainly can cause one to die," said Dr. Robert Wiebe of Children's Medical Center.
The Romans had no idea until this incident their son was allergic to nuts.
"All you could see were chips - you couldn't see pistachio shells," Ashley Roman said. "They were mixed in at the bottom of it."
The family wants Whole Foods Market to pay more than $7,000 in medical bills.
The store's insurance offered $1,400 - an amount Roman said is roughly their out-of-pocket expenses.
"The sample trays are still sitting out there, unmonitored and unattended, even though they know that this was something somebody almost died over this," she said.
Whole Foods issued this statement:
"Reported allergies to nuts, particularly in children, are on the rise for reasons that are not yet clear. Because the mother of the child says she missed work to take her child to the doctor for a potential nut allergy from sampling nuts at one of our stores, we offered to reimburse her for the time she lost from work."
According to the City of Dallas food protection and education division, grocery stores like Whole Foods can offer samples, but the samples must be covered, and tongs or napkins should be in place for customers to use to pick up the sample food.
"When food is on display to be sampled, it needs to be protected from consumer contamination," said Ashan Khan, . If it is ready-to-eat food there shouldn't be bare hand contact with the food," said Ahsan Khan, division manager of food protection and education.
The Romans say they don't want to sue - they just want an apology and they want to send a message.
"If people want to sample... beware it's a risk... and it's a big one," Ashley Roman said.
They're just glad Joey is alive and well.
News from the Lone Star State
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Wells Fargo bank robber caught on camera
GRAPEVINE, Texas (WFAA ABC 8) - Grapevine police are looking for a man who robbed the in-store bank at the Tom Thumb on Park Boulevard.
The man was caught on a surveillance camera at the Wells Fargo bank inside the store yesterday afternoon.
The man handed the teller a note demanding money -- but did not display a weapon.
He wore a "Dr Pepper" cap and mirrored sunglasses.
If you recognize him, call the police.
GRAPEVINE, Texas (WFAA ABC 8) - Grapevine police are looking for a man who robbed the in-store bank at the Tom Thumb on Park Boulevard.
The man was caught on a surveillance camera at the Wells Fargo bank inside the store yesterday afternoon.
The man handed the teller a note demanding money -- but did not display a weapon.
He wore a "Dr Pepper" cap and mirrored sunglasses.
If you recognize him, call the police.
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Conjoined twins searching for a miracle
By JANET ST. JAMES / WFAA ABC 8
NEWS 8 EXCLUSIVE
DALLAS, Texas - A decision about the fate of two rare conjoined twins in North Texas could be announced in the next few weeks.
Anastasia and Tatianna Dogaru are joined at the head. The two-year-old Italian girls have been in Texas for more than a year now, and doctors say they are making amazing progress.
The girls play with baby dolls and purses. But the 14 months Claudia Dogaru has spent in Dallas with her twin girls have been difficult.
"It was a long year," she said. "Especially waiting and hoping, and hoping and waiting again."
As doctors evaluate the girls for possible separation surgery, Anastasia and Tatianna have become two-year-old toddlers—smiling, talking and even walking, thanks to a heavily-modified baby stroller.
"Together with a therapist, we tried to put something together to help her walk," Dogaru said.
Tatianna's legs are too weak, so she rides while Anastasia pulls.
Anastasia also eats for the two of them. But in recent months, they've developed a serious complication.
The tinier of the two, Tatianna's kidneys have always worked for both of them. Now, those kidneys are starting to feel the strain—jeopardizing critical diagnostic tests that include harsh dyes.
"There's no way that we can take a risk where they might damage those, because she even has some damage to those kidneys," explained craniofacial surgeon Dr. Kenneth Salyer. "So we're in a very difficult position with these girls."
Dr. Salyer said a team of physicians working with his World Craniofacial Foundation still haven't found a way to safely separate the twins.
And so—missing her husband and five-year-old daughter Maria in Italy—Claudia Dogaru stays strong for two other daughters who badly want their independence.
"I do not want to hope too much and then be disappointed," Dogaru said, "but I still have my hopes up."
By JANET ST. JAMES / WFAA ABC 8
NEWS 8 EXCLUSIVE
DALLAS, Texas - A decision about the fate of two rare conjoined twins in North Texas could be announced in the next few weeks.
Anastasia and Tatianna Dogaru are joined at the head. The two-year-old Italian girls have been in Texas for more than a year now, and doctors say they are making amazing progress.
The girls play with baby dolls and purses. But the 14 months Claudia Dogaru has spent in Dallas with her twin girls have been difficult.
"It was a long year," she said. "Especially waiting and hoping, and hoping and waiting again."
As doctors evaluate the girls for possible separation surgery, Anastasia and Tatianna have become two-year-old toddlers—smiling, talking and even walking, thanks to a heavily-modified baby stroller.
"Together with a therapist, we tried to put something together to help her walk," Dogaru said.
Tatianna's legs are too weak, so she rides while Anastasia pulls.
Anastasia also eats for the two of them. But in recent months, they've developed a serious complication.
The tinier of the two, Tatianna's kidneys have always worked for both of them. Now, those kidneys are starting to feel the strain—jeopardizing critical diagnostic tests that include harsh dyes.
"There's no way that we can take a risk where they might damage those, because she even has some damage to those kidneys," explained craniofacial surgeon Dr. Kenneth Salyer. "So we're in a very difficult position with these girls."
Dr. Salyer said a team of physicians working with his World Craniofacial Foundation still haven't found a way to safely separate the twins.
And so—missing her husband and five-year-old daughter Maria in Italy—Claudia Dogaru stays strong for two other daughters who badly want their independence.
"I do not want to hope too much and then be disappointed," Dogaru said, "but I still have my hopes up."
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Dallas school trustee dies
By TAWNELL D. HOBBS / The Dallas Morning News
DALLAS, Texas - Dallas school trustee Joe May, who last week made a controversial proposal that the district look into hiring illegal immigrants, has died.
May, 61, passed away Friday evening at 11:28 p.m. at Baylor University Medical Center, according to Dallas school district officials. District officials did not provide an official cause of death.
Fellow board members expressed shock at the death. May, known for getting passed a divisive proposal that requires some principals to become bilingual, was in the news much last week over his desire to hire illegal immigrants to fill bilingual teacher positions.
Board president Lois Parrott said she was called to the hospital late Friday, but when she arrived May was already deceased. Tell Us
How will Trustee Joe May's death and Trustee Hollis Brashear's resignation affect the DISD board? Vote | View Results
"Joe May will be deeply missed," Dr. Parrott said in a prepared statement. "He cared so deeply for the children and was always doing so much for the district. That's what his whole life was about-fighting for people's rights. He was a dedicated and sincere person. Without him there will be a void on the board of trustees."
DISD Spokesman Donald Claxton said that May’s trustee seat will be up for re-election in May during the general school board election. The death means that a total of five board seats could be up in May, including trustee Hollis Brashear, who announced last week that he would not seek re-election.
May, who was elected to the DISD board in 2002, was an advocate of the rights of Hispanics. He frequently at board meetings brought up issues that he perceived were unfair to Hispanics in the district.
On Thursday, May said he was surprised with all the reaction from his proposal to hire immigrant teachers. He said he’s received dozens of calls and e-mails from news outlets and people on the subject. Most of the response was against his proposal, he said, but others had come from local Hispanic leaders praising his proposal.
“I don’t understand what all this ruckus is about,” May had said. “People are playing to attitudes more than anything else. There are strong sentiments against immigrants.”
May, born in Laredo, was employed as a business opportunity specialist with the U.S. Small Business Administration since 1980. He also worked as an investigator for the U.S. Equal Employment Opportunity Commission from 1973 to 1980.
May was a U.S. Army veteran. Following his military service he received bachelor of science and master of science degrees from East Texas State University.
Fellow board members said that May seemed to be doing fine with his health, although one said he was recently diagnosed with diabetes. Last year, Mr. May spent some time off from work after falling off a ladder and hurting his back.
DISD Superintendent Michael Hinojosa offered his condolences.
"Joe May was a respected member of the Dallas community and an advocate for schoolchildren across the city," Dr. Hinojosa said in a prepared statement. "At this time of loss, our thoughts and prayers go out to the May family."
By TAWNELL D. HOBBS / The Dallas Morning News
DALLAS, Texas - Dallas school trustee Joe May, who last week made a controversial proposal that the district look into hiring illegal immigrants, has died.
May, 61, passed away Friday evening at 11:28 p.m. at Baylor University Medical Center, according to Dallas school district officials. District officials did not provide an official cause of death.
Fellow board members expressed shock at the death. May, known for getting passed a divisive proposal that requires some principals to become bilingual, was in the news much last week over his desire to hire illegal immigrants to fill bilingual teacher positions.
Board president Lois Parrott said she was called to the hospital late Friday, but when she arrived May was already deceased. Tell Us
How will Trustee Joe May's death and Trustee Hollis Brashear's resignation affect the DISD board? Vote | View Results
"Joe May will be deeply missed," Dr. Parrott said in a prepared statement. "He cared so deeply for the children and was always doing so much for the district. That's what his whole life was about-fighting for people's rights. He was a dedicated and sincere person. Without him there will be a void on the board of trustees."
DISD Spokesman Donald Claxton said that May’s trustee seat will be up for re-election in May during the general school board election. The death means that a total of five board seats could be up in May, including trustee Hollis Brashear, who announced last week that he would not seek re-election.
May, who was elected to the DISD board in 2002, was an advocate of the rights of Hispanics. He frequently at board meetings brought up issues that he perceived were unfair to Hispanics in the district.
On Thursday, May said he was surprised with all the reaction from his proposal to hire immigrant teachers. He said he’s received dozens of calls and e-mails from news outlets and people on the subject. Most of the response was against his proposal, he said, but others had come from local Hispanic leaders praising his proposal.
“I don’t understand what all this ruckus is about,” May had said. “People are playing to attitudes more than anything else. There are strong sentiments against immigrants.”
May, born in Laredo, was employed as a business opportunity specialist with the U.S. Small Business Administration since 1980. He also worked as an investigator for the U.S. Equal Employment Opportunity Commission from 1973 to 1980.
May was a U.S. Army veteran. Following his military service he received bachelor of science and master of science degrees from East Texas State University.
Fellow board members said that May seemed to be doing fine with his health, although one said he was recently diagnosed with diabetes. Last year, Mr. May spent some time off from work after falling off a ladder and hurting his back.
DISD Superintendent Michael Hinojosa offered his condolences.
"Joe May was a respected member of the Dallas community and an advocate for schoolchildren across the city," Dr. Hinojosa said in a prepared statement. "At this time of loss, our thoughts and prayers go out to the May family."
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Fuel additive claims don't add up
By BRETT SHIPP / WFAA ABC 8
A News 8 investigation is raising questions about a mandatory state plan to improve the air we breathe.
At issue: A new fuel additive that's supposed to put a huge dent in dirty diesel emissions in North Texas.
The makers of the additive, Green Plus, claim their "breakthrough" nanotechnology will significantly improve the air in North Texas.
The product has been embraced by state environmental officials and quickly became the diesel fuel additive of choice, with millions in monthly sales.
So why are some customers outside of Texas no longer using the product?
Texas is blazing a national trail in mandating tough new diesel emission standards.
And the diesel additive leading the pack to do that is Green Plus, made by Biofriendly of California.
Biofriendly touts Green Plus as "the "Holy Grail of fuel catalysts," able to "literally solve the world's critical air quality problems," and to "improve emissions 10 to 50 percent."
But industry experts are beginning to question the credibility of those claims—claims made about a product that News 8 tests show to be 99.5 percent isopropyl alcohol, not unlike the rubbing alcohol sold at your neighborhood drug store.
"Isopropyl alcohol is a very small hydrocarbon molecule, and I have never heard of it being used as a fuel additive," said Ray Paggi, an expert who works for one of Biofriendly's competitors.
"It makes me scratch my head and say I just don't understand how this could possibly work the way that it is advertised to work," Paggi added.
Some companies that have had real-world experience with Green Plus told News 8 the product does not work, despite glowing testimonials published on the Biofriendly Web site.
One of them, a Nov. 11, 2003 letter from Dependable Highway Express in Los Angeles, states the company is "pleased" about an "average improvement in fuel economy ... over 7 percent." The letter, signed by company vice president Robert Massman, added that DHE had plans to increase its use of Green Plus at facilities in Southern California.
But DHE director Bob Verzani told News 8, "We are not currently using Green Plus." He said the company is "not convinced it's a valid product."
A 2002 letter from ATC Transit in Las Vegas, Nevada, claims a "20 percent increase in fuel economy after using Green Plus."
But the current general manager Jim Wolf told News 8, "I can't substantiate such savings," adding, "we no longer use the product."
Perhaps most impressively, Biofriendly boasts of a 7 percent improvement in fuel economy in FedEx freight vehicles three years ago.
FedEx officials told us that while they did test Green Plus, "the results of the tests did not warrant us moving forward with the Biofriendly product."
Biofriendly officials said they stand by the testimonials. "The FedEx test results are accurate," they added.
Texas environmental officials are so impressed with Green Plus, they've placed it on the state's approved fuel additive list.
David Schanbacher, the chief engineer in charge of the state's emissions program, was asked why he believes in the Biofriendly product. " Because it reduces emissions; that's my goal," he said.
Schanbacher said he has seen test results and believes in the product, but declined to make those results public.
"By law, I'm not required to release any company's confidential information," Schanbacher said. "The Attorney General will make that decision."
Is there something to hide? "Confidential, proprietary information that affects their ability to do business," Schanbacher replied.
Two days ago, when we tried to get answers from the three Texas Commission on Environmental Quality commissioners in Austin, we were told they had nothing to say.
Commissioner Ralph Marquez did have one thing to say about Green Plus. " We have reviewed it, and we believe we have taken the right steps," he said.
But while the state embraces the Green Plus tests, the federal Environmental Protection Agency has raised concerns about the results and has recommended a re-test.
The re-test was due December 15 of last year; Biofreindly missed that deadline, so the state extended it until next week.
As of Feb. 10, that re-test had not yet been conducted and Green Plus remained the hottest-selling diesel additive on the market.
One point of correction: Biofriendly officials say FedEx only tested their product, and never claimed to be a satisfied customer as we reported in part one of this series.
By BRETT SHIPP / WFAA ABC 8
A News 8 investigation is raising questions about a mandatory state plan to improve the air we breathe.
At issue: A new fuel additive that's supposed to put a huge dent in dirty diesel emissions in North Texas.
The makers of the additive, Green Plus, claim their "breakthrough" nanotechnology will significantly improve the air in North Texas.
The product has been embraced by state environmental officials and quickly became the diesel fuel additive of choice, with millions in monthly sales.
So why are some customers outside of Texas no longer using the product?
Texas is blazing a national trail in mandating tough new diesel emission standards.
And the diesel additive leading the pack to do that is Green Plus, made by Biofriendly of California.
Biofriendly touts Green Plus as "the "Holy Grail of fuel catalysts," able to "literally solve the world's critical air quality problems," and to "improve emissions 10 to 50 percent."
But industry experts are beginning to question the credibility of those claims—claims made about a product that News 8 tests show to be 99.5 percent isopropyl alcohol, not unlike the rubbing alcohol sold at your neighborhood drug store.
"Isopropyl alcohol is a very small hydrocarbon molecule, and I have never heard of it being used as a fuel additive," said Ray Paggi, an expert who works for one of Biofriendly's competitors.
"It makes me scratch my head and say I just don't understand how this could possibly work the way that it is advertised to work," Paggi added.
Some companies that have had real-world experience with Green Plus told News 8 the product does not work, despite glowing testimonials published on the Biofriendly Web site.
One of them, a Nov. 11, 2003 letter from Dependable Highway Express in Los Angeles, states the company is "pleased" about an "average improvement in fuel economy ... over 7 percent." The letter, signed by company vice president Robert Massman, added that DHE had plans to increase its use of Green Plus at facilities in Southern California.
But DHE director Bob Verzani told News 8, "We are not currently using Green Plus." He said the company is "not convinced it's a valid product."
A 2002 letter from ATC Transit in Las Vegas, Nevada, claims a "20 percent increase in fuel economy after using Green Plus."
But the current general manager Jim Wolf told News 8, "I can't substantiate such savings," adding, "we no longer use the product."
Perhaps most impressively, Biofriendly boasts of a 7 percent improvement in fuel economy in FedEx freight vehicles three years ago.
FedEx officials told us that while they did test Green Plus, "the results of the tests did not warrant us moving forward with the Biofriendly product."
Biofriendly officials said they stand by the testimonials. "The FedEx test results are accurate," they added.
Texas environmental officials are so impressed with Green Plus, they've placed it on the state's approved fuel additive list.
David Schanbacher, the chief engineer in charge of the state's emissions program, was asked why he believes in the Biofriendly product. " Because it reduces emissions; that's my goal," he said.
Schanbacher said he has seen test results and believes in the product, but declined to make those results public.
"By law, I'm not required to release any company's confidential information," Schanbacher said. "The Attorney General will make that decision."
Is there something to hide? "Confidential, proprietary information that affects their ability to do business," Schanbacher replied.
Two days ago, when we tried to get answers from the three Texas Commission on Environmental Quality commissioners in Austin, we were told they had nothing to say.
Commissioner Ralph Marquez did have one thing to say about Green Plus. " We have reviewed it, and we believe we have taken the right steps," he said.
But while the state embraces the Green Plus tests, the federal Environmental Protection Agency has raised concerns about the results and has recommended a re-test.
The re-test was due December 15 of last year; Biofreindly missed that deadline, so the state extended it until next week.
As of Feb. 10, that re-test had not yet been conducted and Green Plus remained the hottest-selling diesel additive on the market.
One point of correction: Biofriendly officials say FedEx only tested their product, and never claimed to be a satisfied customer as we reported in part one of this series.
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Man waiting at red light shot in head
By HOLLY YAN / The Dallas Morning News
DALLAS, Texas - A man was shot in the head at a West Dallas intersection Friday night. The man, whose name was not released, was waiting at a red light in his white sport utility vehicle at Singleton Boulevard and Sylvan Avenue when he was shot about 7:30 p.m.
He was taken to Methodist Dallas Medical Center in critical condition. Police said at least two men were in the shooter's vehicle, but they did not have descriptions of the men or their vehicle. The motive was unknown. Anyone with information can call 214-671-3584.
By HOLLY YAN / The Dallas Morning News
DALLAS, Texas - A man was shot in the head at a West Dallas intersection Friday night. The man, whose name was not released, was waiting at a red light in his white sport utility vehicle at Singleton Boulevard and Sylvan Avenue when he was shot about 7:30 p.m.
He was taken to Methodist Dallas Medical Center in critical condition. Police said at least two men were in the shooter's vehicle, but they did not have descriptions of the men or their vehicle. The motive was unknown. Anyone with information can call 214-671-3584.
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Jury chosen in Plano mom's murder trial
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - A jury was seated Friday night in the capital murder trial of the Plano woman accused of killing her 10-month-old daughter by severing her arms at the shoulders. Testimony will begin Monday.
The jury is made up of five women and seven men. There are two alternates, a man and a woman.
Dena Schlosser, who turns 37 today, will plead not guilty by reason of insanity.
She will be sentenced to life in prison if found guilty. Prosecutors are not seeking the death penalty. She would be sent to North Texas State Hospital in Vernon if the jury believes she was insane when she killed Maggie Schlosser in 2004.
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - A jury was seated Friday night in the capital murder trial of the Plano woman accused of killing her 10-month-old daughter by severing her arms at the shoulders. Testimony will begin Monday.
The jury is made up of five women and seven men. There are two alternates, a man and a woman.
Dena Schlosser, who turns 37 today, will plead not guilty by reason of insanity.
She will be sentenced to life in prison if found guilty. Prosecutors are not seeking the death penalty. She would be sent to North Texas State Hospital in Vernon if the jury believes she was insane when she killed Maggie Schlosser in 2004.
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Phone service cut in parts of Mesquite
MESQUITE, Texas (The Dallas Morning News) - Damage to an underground line halted phone service to more than 400 customers in Mesquite on Friday.
Mesquite Fire Department spokesman Mark Noble said a line was damaged early in the afternoon near the intersection of Oates Drive and Salem Drive.
An AT&T spokesperson said crews are already working to repair the problem, and service should gradually be restored throughout the evening and into Saturday.
Until phone service is restored, emergencies in the affected areas may be reported by cellular phone or in person at the local fire stations.
The nearest stations are Fire Station No. 2 at 4609 Sarazen Drive, and Fire Station No. 6 at 1010 Barnes Bridge Road.
MESQUITE, Texas (The Dallas Morning News) - Damage to an underground line halted phone service to more than 400 customers in Mesquite on Friday.
Mesquite Fire Department spokesman Mark Noble said a line was damaged early in the afternoon near the intersection of Oates Drive and Salem Drive.
An AT&T spokesperson said crews are already working to repair the problem, and service should gradually be restored throughout the evening and into Saturday.
Until phone service is restored, emergencies in the affected areas may be reported by cellular phone or in person at the local fire stations.
The nearest stations are Fire Station No. 2 at 4609 Sarazen Drive, and Fire Station No. 6 at 1010 Barnes Bridge Road.
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Cleburne man charged with child abuse
By JEFF MOSIER / The Dallas Morning News
CLEBURNE, Texas - A member of a politically prominent Cleburne family was charged Friday with hitting a baby he was adopting shortly before the child died, police said
David Michael Giddens, 42, was arrested by Cleburne police and was being held in lieu of $150,000 bail. Detectives were still investigating Friday and awaiting the Johnson County medical examiner's ruling about whether the 3-month-old's death was a homicide.
"The information indicates that Mr. Giddens struck the child at least two times [with his hand]," said Sgt. Amy Knoll, a Cleburne police spokeswoman.
Mr. Giddens' family declined to comment but released a written statement.
"David, our son and brother, is a good man and a loving father who suffers from multiple sclerosis," the Giddens said in their statement. "We make no excuses for his alleged actions but firmly believe that this tragic death was accidental."
The letter did not explain how Mr. Giddens' disease was connected to the child's death.
Mr. Giddens father, Roy Jr., is the treasurer of the Johnson County Republican Party, and his brother, Doug, unsuccessfully ran for Johnson County commissioner in 2004.
The baby's surviving twin brother and the Giddens' 9-year-old daughter were removed from the home by Child Protective Services Friday afternoon, said Marissa Gonzales, an agency spokeswoman.
"Until we can get more information and while we are working with police, we feel like the safest place for the surviving children is in foster care," she said.
The children will be examined by doctors and then placed with foster families until the investigation is completed. CPS also investigated a report of abuse or neglect in 2002, but the Giddens were cleared, Ms. Gonzales said.
Mr. Giddens' wife called 911 about 2:15 a.m. Thursday to report that one of their babies had stopped breathing, police said. When officers arrived at the house in the 1100 block of Prairie Avenue, Mr. Giddens was performing CPR on the infant.
However, Nicholas Rhea Hoffert was already dead, Sgt. Knoll said.
Officers did not find any sign of foul play during the preliminary investigation. Later, the medical examiner's office contacted police and reported that the child suffered a head injury at or near the time of his death. Sgt. Knoll said she didn't know why Mr. Giddens struck the infant.
Nicholas and his twin brother were born in Michigan Nov. 19, and the Mr. Giddens and his wife were adopting the boys. The couple brought the twins to Cleburne Dec. 24.
"While we have only known Nicholas since Christmas Eve, we have fallen deeply in love with him and will miss him so very much," the family said in the written statement.
By JEFF MOSIER / The Dallas Morning News
CLEBURNE, Texas - A member of a politically prominent Cleburne family was charged Friday with hitting a baby he was adopting shortly before the child died, police said
David Michael Giddens, 42, was arrested by Cleburne police and was being held in lieu of $150,000 bail. Detectives were still investigating Friday and awaiting the Johnson County medical examiner's ruling about whether the 3-month-old's death was a homicide.
"The information indicates that Mr. Giddens struck the child at least two times [with his hand]," said Sgt. Amy Knoll, a Cleburne police spokeswoman.
Mr. Giddens' family declined to comment but released a written statement.
"David, our son and brother, is a good man and a loving father who suffers from multiple sclerosis," the Giddens said in their statement. "We make no excuses for his alleged actions but firmly believe that this tragic death was accidental."
The letter did not explain how Mr. Giddens' disease was connected to the child's death.
Mr. Giddens father, Roy Jr., is the treasurer of the Johnson County Republican Party, and his brother, Doug, unsuccessfully ran for Johnson County commissioner in 2004.
The baby's surviving twin brother and the Giddens' 9-year-old daughter were removed from the home by Child Protective Services Friday afternoon, said Marissa Gonzales, an agency spokeswoman.
"Until we can get more information and while we are working with police, we feel like the safest place for the surviving children is in foster care," she said.
The children will be examined by doctors and then placed with foster families until the investigation is completed. CPS also investigated a report of abuse or neglect in 2002, but the Giddens were cleared, Ms. Gonzales said.
Mr. Giddens' wife called 911 about 2:15 a.m. Thursday to report that one of their babies had stopped breathing, police said. When officers arrived at the house in the 1100 block of Prairie Avenue, Mr. Giddens was performing CPR on the infant.
However, Nicholas Rhea Hoffert was already dead, Sgt. Knoll said.
Officers did not find any sign of foul play during the preliminary investigation. Later, the medical examiner's office contacted police and reported that the child suffered a head injury at or near the time of his death. Sgt. Knoll said she didn't know why Mr. Giddens struck the infant.
Nicholas and his twin brother were born in Michigan Nov. 19, and the Mr. Giddens and his wife were adopting the boys. The couple brought the twins to Cleburne Dec. 24.
"While we have only known Nicholas since Christmas Eve, we have fallen deeply in love with him and will miss him so very much," the family said in the written statement.
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Voters may decide regional transit plan
North Texas: Voters could decide in fall on rail options, financing
By TONY HARTZEL / The Dallas Morning News
IRVING, Texas – Voters across North Texas could be asked this fall whether they would support expanding the region's mass transit system.
Many details still remain before the nonbinding referendum is called, but it could present long-range rail options to voters in as many as nine counties. It would also ask whether voters would support an increase in sales tax to pay for it.
The Regional Transit System Working Committee, made up of 11 state lawmakers and 22 local representatives, has been asked to come up with recommendations for the 2007 legislative session.
The committee made no decision Friday but will look at the issue again next month.
"A referendum has to answer a lot of questions," said state Rep. Fred Hill, R-Richardson. "You can't just ask people if they favor rail. You have to ask them if they favor it at this cost and at this way to raise revenue."
Many of the lawmakers have expressed concerns about adding new taxes for transit. Local leaders say that they have studied all options and that adding a new, voter-approved sales tax would be the best alternative.
Tarrant County Commissioner Glen Whitley said, "We have an issue that we feel like if we don't address in the next 15-20 years, it's going to hurt not only our air quality, but our economic development and quality of life."
North Texas: Voters could decide in fall on rail options, financing
By TONY HARTZEL / The Dallas Morning News
IRVING, Texas – Voters across North Texas could be asked this fall whether they would support expanding the region's mass transit system.
Many details still remain before the nonbinding referendum is called, but it could present long-range rail options to voters in as many as nine counties. It would also ask whether voters would support an increase in sales tax to pay for it.
The Regional Transit System Working Committee, made up of 11 state lawmakers and 22 local representatives, has been asked to come up with recommendations for the 2007 legislative session.
The committee made no decision Friday but will look at the issue again next month.
"A referendum has to answer a lot of questions," said state Rep. Fred Hill, R-Richardson. "You can't just ask people if they favor rail. You have to ask them if they favor it at this cost and at this way to raise revenue."
Many of the lawmakers have expressed concerns about adding new taxes for transit. Local leaders say that they have studied all options and that adding a new, voter-approved sales tax would be the best alternative.
Tarrant County Commissioner Glen Whitley said, "We have an issue that we feel like if we don't address in the next 15-20 years, it's going to hurt not only our air quality, but our economic development and quality of life."
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Man gets 60-year term in drug case
Oak Cliff: Prosecutors say he was key figure in large operation
By ROBERT THARP / The Dallas Morning News
DALLAS, Texas - A Dallas man was sentenced to 60 years in prison and fined $250,000 after being convicted Friday in a drug case that prosecutors say delivered a major blow to a large drug-supply operation.
Prosecutors Dewey Mitchell and Eric Mountin argued that Luis Lugo was the leader of a drug gang busted in January 2005.
During a raid at a small house owned by Mr. Lugo's father in the 2700 block of West Davis Street in west Oak Cliff, police seized 17 kilograms of cocaine with a street value of more than $1 million.
Authorities also found numerous weapons and nearly $1 million in cash inside the house.
Attorneys for Mr. Lugo said he was only visiting his father when he was arrested and was not part of the drug operation.
Mr. Mitchell said the case was a difficult legal battle because as a high-ranking leader in the drug operation, Mr. Lugo sought to insulate himself from the day-to-day operations.
Prosecutors linked him to the drugs through cellphone records and testimony from two co-defendants who implicated him.
Mr. Mitchell said such a large drug operation had the potential to spin off violence in the community and praised the jury's stiff sentence Friday.
"With that much money and such a large amount of cocaine, it was an important decision for our community, and the jury did the right thing," Mr. Mitchell said.
Oak Cliff: Prosecutors say he was key figure in large operation
By ROBERT THARP / The Dallas Morning News
DALLAS, Texas - A Dallas man was sentenced to 60 years in prison and fined $250,000 after being convicted Friday in a drug case that prosecutors say delivered a major blow to a large drug-supply operation.
Prosecutors Dewey Mitchell and Eric Mountin argued that Luis Lugo was the leader of a drug gang busted in January 2005.
During a raid at a small house owned by Mr. Lugo's father in the 2700 block of West Davis Street in west Oak Cliff, police seized 17 kilograms of cocaine with a street value of more than $1 million.
Authorities also found numerous weapons and nearly $1 million in cash inside the house.
Attorneys for Mr. Lugo said he was only visiting his father when he was arrested and was not part of the drug operation.
Mr. Mitchell said the case was a difficult legal battle because as a high-ranking leader in the drug operation, Mr. Lugo sought to insulate himself from the day-to-day operations.
Prosecutors linked him to the drugs through cellphone records and testimony from two co-defendants who implicated him.
Mr. Mitchell said such a large drug operation had the potential to spin off violence in the community and praised the jury's stiff sentence Friday.
"With that much money and such a large amount of cocaine, it was an important decision for our community, and the jury did the right thing," Mr. Mitchell said.
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TexasStooge
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Irving boundary changes would shuffle 1,000 kids
Irving: Proposal aims to fill campus, relieve elementary crowding
By KATHERINE LEAL UNMUTH / The Dallas Morning News
IRVING, Texas - Nearly 1,000 Irving elementary students would attend different schools next year under boundary changes proposed to fill a new school and alleviate crowding at several campuses.
Four meetings are planned beginning Wednesday to collect public input on the proposals, which affect 10 schools. The school board is expected to take final action March 6.
District officials said the ideal enrollment for elementary schools is 750 students. But 16 of the district's 19 schools were above that enrollment in the fall. The district's newest elementary school – Townsell, in northwest Irving – is again surging toward an enrollment of 900 students. Davis was the largest, with 903 students.
Stipes Elementary will open in the fall with about 420 students pulled from Davis, Brown, Elliott and Townley elementary schools, under the proposed changes.
District officials are also counting on 370 more students – one from each home planned in the new Graff Farms development surrounding the school site – to fill the school to capacity. Homes in the new development in southwest Irving are priced from $160,000 to $230,000.
Stipes Elementary principal Marty French, who is from south Irving, said many people are hopeful about new housing options in that part of town.
That includes Jim Gerlach, pastor at Oak View Baptist Church, who bought one of the lots. Mr. Gerlach, who grew up in Irving schools, has two elementary school-age children.
"We have an opportunity to be a part of something new and also maintain our ties in the community," he said.
With the Stipes-related boundary changes, district officials are trying to ensure the school will not look too different – racially or economically – from their other campuses. Overall, Irving students are 80 percent minority and 68 percent economically disadvantaged.
"We certainly don't want to overcrowd the new school," said Whit Johnstone, division director of planning, evaluation and research for the Irving school district. "We learned our lesson from drawing the boundary too big for Townsell. This time we're being more conservative."
Several school trustees expressed concern about plans to bus about 50 children from West Dallas who currently attend Townley to Stipes Elementary.
"As a parent, I would not want my kid on a bus ride that long," Michael Hill said.
Just down the road from Stipes Elementary at the San Grande mobile home community, parents were hopeful about being part of the new campus. It would mean they no longer have to cross the Rock Island Road railroad tracks to drop their children at nearby Davis Elementary.
"I think it's going to be better," said Adriana Gonzalez, who has two children at Davis. "There will be fewer students."
Townsell, meanwhile, has struggled with high enrollments since opening in 2003. Attendance boundaries were changed that first school year when enrollment spiked to more than 900 students. The district built an addition with seven classrooms.
But the school population is still growing. District officials said the many apartment buildings in the area have made it difficult to predict enrollments. To stem the growth, the district is targeting some complexes with high numbers of children and proposing to send them to different schools.
At the Treehouse Apartments, where about 100 children live, Sheena Wesley was upset her son may be moved from Townsell to Lee Elementary for fifth grade.
"I'm not going to switch schools," she said. "He's not going to get on a bus when there's a school right here he can walk to. I don't understand the purpose."
Her neighbor Brenda Pastrana was concerned that her daughter Jocelyne, 8, would no longer get the after-school homework help she receives now. Townsell has a special grant that funds the program.
"I like it here because they tutor her and help her purely in English, which I can't do," she said in Spanish. "That hasn't happened in any other school she's gone to. She's advanced a lot."
Ms. Pastrana said she could accept the change if her daughter receives the same support.
The district has also proposed moving children at three apartment complexes from Lee Elementary to Johnston Elementary because Townsell students are being moved to Lee. Some of the changes involve getting state money to bus students.
Another campus to accommodate the district's growth could arrive within a couple of years. Money remains from the 2001 bond issue to build either another elementary or middle school. The district grew by 500 students at the elementary level this fall, while it dropped slightly at the middle school level.
Superintendent Jack Singley said he expects another elementary campus to be needed by 2009.
Irving: Proposal aims to fill campus, relieve elementary crowding
By KATHERINE LEAL UNMUTH / The Dallas Morning News
IRVING, Texas - Nearly 1,000 Irving elementary students would attend different schools next year under boundary changes proposed to fill a new school and alleviate crowding at several campuses.
Four meetings are planned beginning Wednesday to collect public input on the proposals, which affect 10 schools. The school board is expected to take final action March 6.
District officials said the ideal enrollment for elementary schools is 750 students. But 16 of the district's 19 schools were above that enrollment in the fall. The district's newest elementary school – Townsell, in northwest Irving – is again surging toward an enrollment of 900 students. Davis was the largest, with 903 students.
Stipes Elementary will open in the fall with about 420 students pulled from Davis, Brown, Elliott and Townley elementary schools, under the proposed changes.
District officials are also counting on 370 more students – one from each home planned in the new Graff Farms development surrounding the school site – to fill the school to capacity. Homes in the new development in southwest Irving are priced from $160,000 to $230,000.
Stipes Elementary principal Marty French, who is from south Irving, said many people are hopeful about new housing options in that part of town.
That includes Jim Gerlach, pastor at Oak View Baptist Church, who bought one of the lots. Mr. Gerlach, who grew up in Irving schools, has two elementary school-age children.
"We have an opportunity to be a part of something new and also maintain our ties in the community," he said.
With the Stipes-related boundary changes, district officials are trying to ensure the school will not look too different – racially or economically – from their other campuses. Overall, Irving students are 80 percent minority and 68 percent economically disadvantaged.
"We certainly don't want to overcrowd the new school," said Whit Johnstone, division director of planning, evaluation and research for the Irving school district. "We learned our lesson from drawing the boundary too big for Townsell. This time we're being more conservative."
Several school trustees expressed concern about plans to bus about 50 children from West Dallas who currently attend Townley to Stipes Elementary.
"As a parent, I would not want my kid on a bus ride that long," Michael Hill said.
Just down the road from Stipes Elementary at the San Grande mobile home community, parents were hopeful about being part of the new campus. It would mean they no longer have to cross the Rock Island Road railroad tracks to drop their children at nearby Davis Elementary.
"I think it's going to be better," said Adriana Gonzalez, who has two children at Davis. "There will be fewer students."
Townsell, meanwhile, has struggled with high enrollments since opening in 2003. Attendance boundaries were changed that first school year when enrollment spiked to more than 900 students. The district built an addition with seven classrooms.
But the school population is still growing. District officials said the many apartment buildings in the area have made it difficult to predict enrollments. To stem the growth, the district is targeting some complexes with high numbers of children and proposing to send them to different schools.
At the Treehouse Apartments, where about 100 children live, Sheena Wesley was upset her son may be moved from Townsell to Lee Elementary for fifth grade.
"I'm not going to switch schools," she said. "He's not going to get on a bus when there's a school right here he can walk to. I don't understand the purpose."
Her neighbor Brenda Pastrana was concerned that her daughter Jocelyne, 8, would no longer get the after-school homework help she receives now. Townsell has a special grant that funds the program.
"I like it here because they tutor her and help her purely in English, which I can't do," she said in Spanish. "That hasn't happened in any other school she's gone to. She's advanced a lot."
Ms. Pastrana said she could accept the change if her daughter receives the same support.
The district has also proposed moving children at three apartment complexes from Lee Elementary to Johnston Elementary because Townsell students are being moved to Lee. Some of the changes involve getting state money to bus students.
Another campus to accommodate the district's growth could arrive within a couple of years. Money remains from the 2001 bond issue to build either another elementary or middle school. The district grew by 500 students at the elementary level this fall, while it dropped slightly at the middle school level.
Superintendent Jack Singley said he expects another elementary campus to be needed by 2009.
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TexasStooge
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Dallas preacher leaving for Florida
DALLAS, Texas (WFAA.com) - First Baptist Church of Jacksonville, Fla. confirmed Sunday that it is welcoming an influential Dallas pastor to lead its congregation.
"Dr. Mac Brunson, the man to whom God has unanimously led us, will be preaching in view of a call this Sunday, February 19, 2006, in the morning service," said a statement from Judson S. Whorton, chairman of the Florida church's pulpit committee.
Dr. Brunson is currently senior pastor at First Baptist Church in Dallas.
Dr. Brunson, who succeeded O.S. Hawkins to the pulpit at the downtown church in 1999, becomes First Baptist's first pastor to leave for another congregation since the 19th century.
First Baptist Jacksonville, with 28,000 members, is one of the largest protestant congregations in the nation. First Baptist Dallas has about 10,000 members.
First Baptist Dallas remains a major force in the Dallas area, owning the First Baptist Academy, a private school; Criswell College, a Bible school on the eastern edge of downtown; and KCBI-FM (90.9), a Christian radio station. The church is building a $48 million multipurpose building, to be called the Criswell Center.
Dr. Brunson would be leaving with about $38 million of that total raised, and the building not due to be finished until June.
Dr. Brunson is the author of The God You've Been Searching For and other books, and is a popular guest preacher. His style, colleagues say, is both down-home and scholarly.
The Dallas Morning News contributed to this report.
DALLAS, Texas (WFAA.com) - First Baptist Church of Jacksonville, Fla. confirmed Sunday that it is welcoming an influential Dallas pastor to lead its congregation.
"Dr. Mac Brunson, the man to whom God has unanimously led us, will be preaching in view of a call this Sunday, February 19, 2006, in the morning service," said a statement from Judson S. Whorton, chairman of the Florida church's pulpit committee.
Dr. Brunson is currently senior pastor at First Baptist Church in Dallas.
Dr. Brunson, who succeeded O.S. Hawkins to the pulpit at the downtown church in 1999, becomes First Baptist's first pastor to leave for another congregation since the 19th century.
First Baptist Jacksonville, with 28,000 members, is one of the largest protestant congregations in the nation. First Baptist Dallas has about 10,000 members.
First Baptist Dallas remains a major force in the Dallas area, owning the First Baptist Academy, a private school; Criswell College, a Bible school on the eastern edge of downtown; and KCBI-FM (90.9), a Christian radio station. The church is building a $48 million multipurpose building, to be called the Criswell Center.
Dr. Brunson would be leaving with about $38 million of that total raised, and the building not due to be finished until June.
Dr. Brunson is the author of The God You've Been Searching For and other books, and is a popular guest preacher. His style, colleagues say, is both down-home and scholarly.
The Dallas Morning News contributed to this report.
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TexasStooge
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Fire damages Lewisville apartments
LEWISVILLE, Texas (WFAA ABC 8) - Fire roused residents of a Lewisville apartment complex from their sleep early Sunday.
The blaze broke out around 3:30 a.m. at the Wimbledon Apartments in the 1400 block of Main Street, and grew to four alarms.
Everyone was safely evacuated, but about a dozen units were either damaged or destroyed.
Investigators were trying to determine what caused the fire.
WFAA-TV photojournalist Bryan Titsworth contributed to this report.
LEWISVILLE, Texas (WFAA ABC 8) - Fire roused residents of a Lewisville apartment complex from their sleep early Sunday.
The blaze broke out around 3:30 a.m. at the Wimbledon Apartments in the 1400 block of Main Street, and grew to four alarms.
Everyone was safely evacuated, but about a dozen units were either damaged or destroyed.
Investigators were trying to determine what caused the fire.
WFAA-TV photojournalist Bryan Titsworth contributed to this report.
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TexasStooge
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Six hurt in ice cream store crash
RICHARDSON, Texas (WFAA ABC 8/AP) — A sport utility vehicle crashed into a suburban Dallas ice cream store Sunday night, injuring six people who were taken to a hospital.
"Everything that was in the restaurant was just flying around," Jorge Drexel Stefan, 60, said by telephone from Richardson Regional Medical Center, where he was waiting for an X-ray of his back.
Drexel said six members of his family were sitting at a booth in a Braum's Ice Cream & Dairy Store in Richardson. The family was preparing to order ice cream when the SUV crashed into the building and rolled toward their booth.
"It crashed in and pushed everything forward and then went upwards," he said.
Drexel said he, his wife, their son and daughter-in-law and two grandchildren were being examined.
Stacey Calbert, spokeswoman for Richardson Regional Medical Center, couldn't provide names of the six who were taken to the hospital but said all had very minor injuries and were expected to be treated and released.
The restaurant was closed and employees were assessing the damage late Sunday.
Richardson police did not return calls from The Associated Press late Sunday.
RICHARDSON, Texas (WFAA ABC 8/AP) — A sport utility vehicle crashed into a suburban Dallas ice cream store Sunday night, injuring six people who were taken to a hospital.
"Everything that was in the restaurant was just flying around," Jorge Drexel Stefan, 60, said by telephone from Richardson Regional Medical Center, where he was waiting for an X-ray of his back.
Drexel said six members of his family were sitting at a booth in a Braum's Ice Cream & Dairy Store in Richardson. The family was preparing to order ice cream when the SUV crashed into the building and rolled toward their booth.
"It crashed in and pushed everything forward and then went upwards," he said.
Drexel said he, his wife, their son and daughter-in-law and two grandchildren were being examined.
Stacey Calbert, spokeswoman for Richardson Regional Medical Center, couldn't provide names of the six who were taken to the hospital but said all had very minor injuries and were expected to be treated and released.
The restaurant was closed and employees were assessing the damage late Sunday.
Richardson police did not return calls from The Associated Press late Sunday.
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TexasStooge
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Trial starts today in Plano baby killing
Jury to weigh insanity defense of mom who severed daughter's arms
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - Whether Dena Schlosser was insane when she killed her infant by severing the girl's arms at the shoulders is at the center of the capital murder trial against her.
As testimony begins today, a Collin County jury must consider whether postpartum psychosis and depression made Ms. Schlosser unable to know right from wrong when she killed 10-month-old Maggie Schlosser.
Ms. Schlosser, who will not testify, will plead not guilty by reason of insanity.
Because prosecutors are not seeking the death penalty, a guilty verdict would send Ms. Schlosser, 37, to prison for life. If the jury believes Ms. Schlosser was insane, she would go to North Texas State Hospital in Vernon for treatment. She would remain there until doctors and State District Judge Chris Oldner agree she should be released.
"We think we have substantial evidence to show that the insanity defense applies in this case," said Ms. Schlosser's attorney David Haynes.
"We hope we can persuade the jury to agree with us and are now working day and night to make this happen, if we can."
Prosecutor Curtis Howard declined to comment. The Collin County district attorney's office does not typically comment on pending cases.
To prove insanity, the defense must prove Ms. Schlosser suffered from a severe mental disease or defect that makes it impossible to know her actions were wrong at the time, said local defense attorney Barry Sorrels, who is not involved with the case but has successfully used the insanity defense in court.
"The defense has the burden of proof. It's more favorable for the prosecution," Mr. Sorrels said. "It's rare that it's [the insanity defense] asserted. It's rare that it's successful."
In Texas, juries cannot be told what would happen to the defendant if they find someone not guilty by reason of insanity.
"If jurors are not aware of the commitment to a hospital ... they might treat [not guilty by reason of insanity] as not guilty," said Peter Arenella UCLA law professor who has written extensively about mental disability defenses.
Mr. Arenella said while more people are aware of what happens after a jury finds a defendant insane, the number is still small. He attributes the awareness to trials like that of Texas mother Andrea Yates, who is awaiting a new trial after the guilty verdict in the 2001 deaths of her children was overturned. Ms. Yates, who also suffered from postpartum depression, pleaded not guilty by reason of insanity.
Legal experts say that jurors are sometimes so horrified by the crime that they don't even look at the question of insanity.
"This sounds like Yates redux," Mr. Arenella said of the Schlosser trial. "Andrea Yates never should have been convicted."
Medical records show Ms. Schlosser, a stay-at-home Plano mother who had worked at a day-care center, suffered from postpartum psychosis and depression after Maggie's home birth. She tried to commit suicide not long after Maggie was born, records indicate. The night before Maggie died, Ms. Schlosser told her husband, John Schlosser, that she wanted to give the baby "to God."
When police arrived at the Schlossers' apartment the day the baby died in November 2004, Ms. Schlosser answered the door looking dazed and was covered in blood, according to court records. A kitchen knife with a 9-inch blade was tucked into her green blouse. The hymn "He Touched Me" played in the background.
Ms. Schlosser can be heard humming along to the song in a 911 recording.
When Plano Officer David Tilley asked why Ms. Schlosser hurt her baby, she replied: "I felt like I had to," court records show.
Ms. Schlosser's mother and stepfather, Connie and Mick Macaulay, say it was her psychosis coupled with her infatuation with her charismatic minister and his teachings that led her to harm Maggie.
"She was nuts. There are times that she's still nuts," said Mr. Macaulay, a mental health counselor in Canada. "We would hope that the jury would see it for what it is, and she did not know right from wrong, and that she will be sent to a place where she will receive quality health care."
Mr. Schlosser, who has filed for divorce, has repeatedly declined to comment. He and the Schlossers' two surviving daughters have moved from the Plano apartment where Maggie was killed.
Ms. Schlosser's parents worry about how she will handle the pressure of the trial. Mrs. Macaulay has advanced Parkinson's disease and often can't speak.
"Obviously, she's experiencing considerable stress with this court date coming up," Mr. Macaulay said of his stepdaughter.
Ms. Schlosser doesn't talk much about the trial, he said. He isn't sure if she doesn't want to talk or whether it's because their conversations are recorded by the Collin County Jail. Those caring for Ms. Schlosser have assured Mr. Macaulay that she understands the trial is coming up, he said.
He said Ms. Schlosser has continued to read the Bible, along with books by Michael Crichton, Andrew M. Greeley and "trash novels."
"She's proud of the fact that she has nine Bibles in her room," Mr. Macaulay said with a sigh. "She talks about her mom's health and reading the Bible."
Jury to weigh insanity defense of mom who severed daughter's arms
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - Whether Dena Schlosser was insane when she killed her infant by severing the girl's arms at the shoulders is at the center of the capital murder trial against her.
As testimony begins today, a Collin County jury must consider whether postpartum psychosis and depression made Ms. Schlosser unable to know right from wrong when she killed 10-month-old Maggie Schlosser.
Ms. Schlosser, who will not testify, will plead not guilty by reason of insanity.
Because prosecutors are not seeking the death penalty, a guilty verdict would send Ms. Schlosser, 37, to prison for life. If the jury believes Ms. Schlosser was insane, she would go to North Texas State Hospital in Vernon for treatment. She would remain there until doctors and State District Judge Chris Oldner agree she should be released.
"We think we have substantial evidence to show that the insanity defense applies in this case," said Ms. Schlosser's attorney David Haynes.
"We hope we can persuade the jury to agree with us and are now working day and night to make this happen, if we can."
Prosecutor Curtis Howard declined to comment. The Collin County district attorney's office does not typically comment on pending cases.
To prove insanity, the defense must prove Ms. Schlosser suffered from a severe mental disease or defect that makes it impossible to know her actions were wrong at the time, said local defense attorney Barry Sorrels, who is not involved with the case but has successfully used the insanity defense in court.
"The defense has the burden of proof. It's more favorable for the prosecution," Mr. Sorrels said. "It's rare that it's [the insanity defense] asserted. It's rare that it's successful."
In Texas, juries cannot be told what would happen to the defendant if they find someone not guilty by reason of insanity.
"If jurors are not aware of the commitment to a hospital ... they might treat [not guilty by reason of insanity] as not guilty," said Peter Arenella UCLA law professor who has written extensively about mental disability defenses.
Mr. Arenella said while more people are aware of what happens after a jury finds a defendant insane, the number is still small. He attributes the awareness to trials like that of Texas mother Andrea Yates, who is awaiting a new trial after the guilty verdict in the 2001 deaths of her children was overturned. Ms. Yates, who also suffered from postpartum depression, pleaded not guilty by reason of insanity.
Legal experts say that jurors are sometimes so horrified by the crime that they don't even look at the question of insanity.
"This sounds like Yates redux," Mr. Arenella said of the Schlosser trial. "Andrea Yates never should have been convicted."
Medical records show Ms. Schlosser, a stay-at-home Plano mother who had worked at a day-care center, suffered from postpartum psychosis and depression after Maggie's home birth. She tried to commit suicide not long after Maggie was born, records indicate. The night before Maggie died, Ms. Schlosser told her husband, John Schlosser, that she wanted to give the baby "to God."
When police arrived at the Schlossers' apartment the day the baby died in November 2004, Ms. Schlosser answered the door looking dazed and was covered in blood, according to court records. A kitchen knife with a 9-inch blade was tucked into her green blouse. The hymn "He Touched Me" played in the background.
Ms. Schlosser can be heard humming along to the song in a 911 recording.
When Plano Officer David Tilley asked why Ms. Schlosser hurt her baby, she replied: "I felt like I had to," court records show.
Ms. Schlosser's mother and stepfather, Connie and Mick Macaulay, say it was her psychosis coupled with her infatuation with her charismatic minister and his teachings that led her to harm Maggie.
"She was nuts. There are times that she's still nuts," said Mr. Macaulay, a mental health counselor in Canada. "We would hope that the jury would see it for what it is, and she did not know right from wrong, and that she will be sent to a place where she will receive quality health care."
Mr. Schlosser, who has filed for divorce, has repeatedly declined to comment. He and the Schlossers' two surviving daughters have moved from the Plano apartment where Maggie was killed.
Ms. Schlosser's parents worry about how she will handle the pressure of the trial. Mrs. Macaulay has advanced Parkinson's disease and often can't speak.
"Obviously, she's experiencing considerable stress with this court date coming up," Mr. Macaulay said of his stepdaughter.
Ms. Schlosser doesn't talk much about the trial, he said. He isn't sure if she doesn't want to talk or whether it's because their conversations are recorded by the Collin County Jail. Those caring for Ms. Schlosser have assured Mr. Macaulay that she understands the trial is coming up, he said.
He said Ms. Schlosser has continued to read the Bible, along with books by Michael Crichton, Andrew M. Greeley and "trash novels."
"She's proud of the fact that she has nine Bibles in her room," Mr. Macaulay said with a sigh. "She talks about her mom's health and reading the Bible."
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Explosions trigger fire in Red Oak
By CYNTHIA VEGA / WFAA ABC 8
RED OAK, Texas — A series of explosions at a suspected drug house triggered a three-alarm fire that spread to three structures late Sunday night in this community 20 miles south of Dallas.
Callers up to three miles away said they felt the blast in the 100 block of Hill Lane, near Interstate 35 and Ovilla Road.
There were three massive explosions that erupted into a raging fire that spread to another structure and to a home next door owned by Frank Boutte. He told News 8 that he has long complained to police about suspected drug activity at that address.
"Red Oak knew about it, and they was working on it, but now it's too late," Boutte said. "Everything's burned up."
Red Oak police Chief Donald Fullerton said his department is no stranger to the neighborhood. "We have an extensive history with these two households; we've responded out here several times."
The cause of the fire remained under investigation. Police, arson investigators and representatives from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives planned to examine the debris after sunrise.
No one was injured.
By CYNTHIA VEGA / WFAA ABC 8
RED OAK, Texas — A series of explosions at a suspected drug house triggered a three-alarm fire that spread to three structures late Sunday night in this community 20 miles south of Dallas.
Callers up to three miles away said they felt the blast in the 100 block of Hill Lane, near Interstate 35 and Ovilla Road.
There were three massive explosions that erupted into a raging fire that spread to another structure and to a home next door owned by Frank Boutte. He told News 8 that he has long complained to police about suspected drug activity at that address.
"Red Oak knew about it, and they was working on it, but now it's too late," Boutte said. "Everything's burned up."
Red Oak police Chief Donald Fullerton said his department is no stranger to the neighborhood. "We have an extensive history with these two households; we've responded out here several times."
The cause of the fire remained under investigation. Police, arson investigators and representatives from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives planned to examine the debris after sunrise.
No one was injured.
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TexasStooge
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Trial starts in baby killing
Jury to weigh insanity defense of mom who severed daughter's arms
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - Whether Dena Schlosser was insane when she killed her infant by severing the girl's arms at the shoulders is at the center of the capital murder trial against her.
As testimony begins today, a Collin County jury must consider whether postpartum psychosis and depression made Ms. Schlosser unable to know right from wrong when she killed 10-month-old Maggie Schlosser.
Ms. Schlosser, who will not testify, will plead not guilty by reason of insanity.
Because prosecutors are not seeking the death penalty, a guilty verdict would send Ms. Schlosser, 37, to prison for life. If the jury believes Ms. Schlosser was insane, she would go to North Texas State Hospital in Vernon for treatment. She would remain there until doctors and State District Judge Chris Oldner agree she should be released.
"We think we have substantial evidence to show that the insanity defense applies in this case," said Ms. Schlosser's attorney David Haynes.
"We hope we can persuade the jury to agree with us and are now working day and night to make this happen, if we can."
Prosecutor Curtis Howard declined to comment. The Collin County district attorney's office does not typically comment on pending cases.
To prove insanity, the defense must prove Ms. Schlosser suffered from a severe mental disease or defect that makes it impossible to know her actions were wrong at the time, said local defense attorney Barry Sorrels, who is not involved with the case but has successfully used the insanity defense in court.
"The defense has the burden of proof. It's more favorable for the prosecution," Mr. Sorrels said. "It's rare that it's [the insanity defense] asserted. It's rare that it's successful."
In Texas, juries cannot be told what would happen to the defendant if they find someone not guilty by reason of insanity.
"If jurors are not aware of the commitment to a hospital ... they might treat [not guilty by reason of insanity] as not guilty," said Peter Arenella UCLA law professor who has written extensively about mental disability defenses.
Mr. Arenella said while more people are aware of what happens after a jury finds a defendant insane, the number is still small. He attributes the awareness to trials like that of Texas mother Andrea Yates, who is awaiting a new trial after the guilty verdict in the 2001 deaths of her children was overturned. Ms. Yates, who also suffered from postpartum depression, pleaded not guilty by reason of insanity.
Legal experts say that jurors are sometimes so horrified by the crime that they don't even look at the question of insanity.
"This sounds like Yates redux," Mr. Arenella said of the Schlosser trial. "Andrea Yates never should have been convicted."
Medical records show Ms. Schlosser, a stay-at-home Plano mother who had worked at a day-care center, suffered from postpartum psychosis and depression after Maggie's home birth. She tried to commit suicide not long after Maggie was born, records indicate. The night before Maggie died, Ms. Schlosser told her husband, John Schlosser, that she wanted to give the baby "to God."
When police arrived at the Schlossers' apartment the day the baby died in November 2004, Ms. Schlosser answered the door looking dazed and was covered in blood, according to court records. A kitchen knife with a 9-inch blade was tucked into her green blouse. The hymn "He Touched Me" played in the background.
Ms. Schlosser can be heard humming along to the song in a 911 recording.
When Plano Officer David Tilley asked why Ms. Schlosser hurt her baby, she replied: "I felt like I had to," court records show.
Ms. Schlosser's mother and stepfather, Connie and Mick Macaulay, say it was her psychosis coupled with her infatuation with her charismatic minister and his teachings that led her to harm Maggie.
"She was nuts. There are times that she's still nuts," said Mr. Macaulay, a mental health counselor in Canada. "We would hope that the jury would see it for what it is, and she did not know right from wrong, and that she will be sent to a place where she will receive quality health care."
Mr. Schlosser, who has filed for divorce, has repeatedly declined to comment. He and the Schlossers' two surviving daughters have moved from the Plano apartment where Maggie was killed.
Ms. Schlosser's parents worry about how she will handle the pressure of the trial. Mrs. Macaulay has advanced Parkinson's disease and often can't speak.
"Obviously, she's experiencing considerable stress with this court date coming up," Mr. Macaulay said of his stepdaughter.
Ms. Schlosser doesn't talk much about the trial, he said. He isn't sure if she doesn't want to talk or whether it's because their conversations are recorded by the Collin County Jail. Those caring for Ms. Schlosser have assured Mr. Macaulay that she understands the trial is coming up, he said.
He said Ms. Schlosser has continued to read the Bible, along with books by Michael Crichton, Andrew M. Greeley and "trash novels."
"She's proud of the fact that she has nine Bibles in her room," Mr. Macaulay said with a sigh. "She talks about her mom's health and reading the Bible."
Jury to weigh insanity defense of mom who severed daughter's arms
By JENNIFER EMILY / The Dallas Morning News
PLANO, Texas - Whether Dena Schlosser was insane when she killed her infant by severing the girl's arms at the shoulders is at the center of the capital murder trial against her.
As testimony begins today, a Collin County jury must consider whether postpartum psychosis and depression made Ms. Schlosser unable to know right from wrong when she killed 10-month-old Maggie Schlosser.
Ms. Schlosser, who will not testify, will plead not guilty by reason of insanity.
Because prosecutors are not seeking the death penalty, a guilty verdict would send Ms. Schlosser, 37, to prison for life. If the jury believes Ms. Schlosser was insane, she would go to North Texas State Hospital in Vernon for treatment. She would remain there until doctors and State District Judge Chris Oldner agree she should be released.
"We think we have substantial evidence to show that the insanity defense applies in this case," said Ms. Schlosser's attorney David Haynes.
"We hope we can persuade the jury to agree with us and are now working day and night to make this happen, if we can."
Prosecutor Curtis Howard declined to comment. The Collin County district attorney's office does not typically comment on pending cases.
To prove insanity, the defense must prove Ms. Schlosser suffered from a severe mental disease or defect that makes it impossible to know her actions were wrong at the time, said local defense attorney Barry Sorrels, who is not involved with the case but has successfully used the insanity defense in court.
"The defense has the burden of proof. It's more favorable for the prosecution," Mr. Sorrels said. "It's rare that it's [the insanity defense] asserted. It's rare that it's successful."
In Texas, juries cannot be told what would happen to the defendant if they find someone not guilty by reason of insanity.
"If jurors are not aware of the commitment to a hospital ... they might treat [not guilty by reason of insanity] as not guilty," said Peter Arenella UCLA law professor who has written extensively about mental disability defenses.
Mr. Arenella said while more people are aware of what happens after a jury finds a defendant insane, the number is still small. He attributes the awareness to trials like that of Texas mother Andrea Yates, who is awaiting a new trial after the guilty verdict in the 2001 deaths of her children was overturned. Ms. Yates, who also suffered from postpartum depression, pleaded not guilty by reason of insanity.
Legal experts say that jurors are sometimes so horrified by the crime that they don't even look at the question of insanity.
"This sounds like Yates redux," Mr. Arenella said of the Schlosser trial. "Andrea Yates never should have been convicted."
Medical records show Ms. Schlosser, a stay-at-home Plano mother who had worked at a day-care center, suffered from postpartum psychosis and depression after Maggie's home birth. She tried to commit suicide not long after Maggie was born, records indicate. The night before Maggie died, Ms. Schlosser told her husband, John Schlosser, that she wanted to give the baby "to God."
When police arrived at the Schlossers' apartment the day the baby died in November 2004, Ms. Schlosser answered the door looking dazed and was covered in blood, according to court records. A kitchen knife with a 9-inch blade was tucked into her green blouse. The hymn "He Touched Me" played in the background.
Ms. Schlosser can be heard humming along to the song in a 911 recording.
When Plano Officer David Tilley asked why Ms. Schlosser hurt her baby, she replied: "I felt like I had to," court records show.
Ms. Schlosser's mother and stepfather, Connie and Mick Macaulay, say it was her psychosis coupled with her infatuation with her charismatic minister and his teachings that led her to harm Maggie.
"She was nuts. There are times that she's still nuts," said Mr. Macaulay, a mental health counselor in Canada. "We would hope that the jury would see it for what it is, and she did not know right from wrong, and that she will be sent to a place where she will receive quality health care."
Mr. Schlosser, who has filed for divorce, has repeatedly declined to comment. He and the Schlossers' two surviving daughters have moved from the Plano apartment where Maggie was killed.
Ms. Schlosser's parents worry about how she will handle the pressure of the trial. Mrs. Macaulay has advanced Parkinson's disease and often can't speak.
"Obviously, she's experiencing considerable stress with this court date coming up," Mr. Macaulay said of his stepdaughter.
Ms. Schlosser doesn't talk much about the trial, he said. He isn't sure if she doesn't want to talk or whether it's because their conversations are recorded by the Collin County Jail. Those caring for Ms. Schlosser have assured Mr. Macaulay that she understands the trial is coming up, he said.
He said Ms. Schlosser has continued to read the Bible, along with books by Michael Crichton, Andrew M. Greeley and "trash novels."
"She's proud of the fact that she has nine Bibles in her room," Mr. Macaulay said with a sigh. "She talks about her mom's health and reading the Bible."
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TexasStooge
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- Posts: 38127
- Joined: Tue Mar 25, 2003 1:22 pm
- Location: Irving (Dallas County), TX
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Plano man, police in standoff
PLANO, Texas (The Dallas morning News) - A 23-year-old Plano man threatening to kill himself has been engaged in a standoff with police for several hours early Monday.
The man called 911 from his house on Meadowcrest Drive near Collin Creek Mall a little before 3 a.m. and told police he was going to harm himself, Plano police Detective Jerry Minton said.
“Family members inside the house walked out without any problems,” Minton said. “He remained behind.”
The man has a shotgun but was threatening only himself, not officers or family members, police said.
“He’s not answering phone calls or talking to officers right now,” Minton said. “Right now we are just trying to get him on the phone.”
PLANO, Texas (The Dallas morning News) - A 23-year-old Plano man threatening to kill himself has been engaged in a standoff with police for several hours early Monday.
The man called 911 from his house on Meadowcrest Drive near Collin Creek Mall a little before 3 a.m. and told police he was going to harm himself, Plano police Detective Jerry Minton said.
“Family members inside the house walked out without any problems,” Minton said. “He remained behind.”
The man has a shotgun but was threatening only himself, not officers or family members, police said.
“He’s not answering phone calls or talking to officers right now,” Minton said. “Right now we are just trying to get him on the phone.”
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TexasStooge
- Category 5
- Posts: 38127
- Joined: Tue Mar 25, 2003 1:22 pm
- Location: Irving (Dallas County), TX
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UT group fights pot penalty
Marijuana rules should be same as for alcohol, which is deadlier, it says
By KAREN BROOKS / The Dallas Morning News
AUSTIN, Texas – Students at the University of Texas at Austin are asking administrators to ease campus penalties on smoking pot and put them on par with alcohol offenses, saying the school has a responsibility to discourage alcohol-related deaths by taking the stand that marijuana is the safer choice.
"If our elected officials in Texas want to impose harsh penalties for the use of marijuana, that is their decision, but the university does not have to pile on," said graduate student Judie Niskala, 25, who coordinated a referendum effort on campus and runs Texas NORML, which works to liberalize marijuana laws.
Students will vote on the measure, which is not binding, at the end of the month. It's part of a wider effort to target marijuana rules on campuses and in college towns.
It's already drawing opponents, who say that while it may be easy to argue the relative safety of marijuana compared to alcohol, the university shouldn't be sanctioning lawbreaking.
"We can argue all day and all night which is more dangerous, but the fact remains that alcohol is not illegal and marijuana is," said Ben Fizzell, director of the Young Conservatives of Texas chapter at UT. "If that [legal status] needs to be changed, that's different. ... [But] that would be UT saying, 'We do not view marijuana as illegal, and we won't treat it as such.' "
UT rules allow for a student's suspension for drinking on campus or at a UT event, but students cannot be punished for off-campus drinking. For marijuana, a student can be disciplined or suspended for use anywhere.
But the university rarely pursues off-campus pot users. Both alcohol and pot are banned in campus dorms, regardless of a student's age. So the referendum is largely a symbolic statement on what supporters see as the hypocrisy of wider marijuana laws.
Working the campus in T-shirts that read "Party Organically," a handful of student volunteers – aided by a group whose aim is to decriminalize marijuana statewide – landed about 1,400 student signatures on a petition to add the request to student voting set for Feb. 28 to March 1. University officials could not be reached to comment on what they would do if the referendum is approved.
The effort was originated by Safer Alternative for Enjoyable Recreation, or SAFER, a year-old advocacy group started in Colorado in response to widely reported deaths of students from drinking too much alcohol.
Last year, the group successfully passed referendums at the University of Colorado at Boulder and Colorado State University. They have similar projects going at the University of Florida, the University of Maryland, Ohio State University and State University of New York at Albany.
Administrators at both Colorado schools refused to put the student recommendations into effect. They've said they won't encourage illegal behavior. Like UT, they rarely punish students caught off-campus with marijuana.
Steve Fox, SAFER national executive director, said that the group is first targeting schools in capital cities to catch the attention of lawmakers but that the goal is to see the rules changed on all campuses.
Ultimately organizers want to see state legislatures decriminalize marijuana. But, unlike other pro-legalization groups that push medical marijuana or ending the drug war, SAFER's campaign focuses on the student-friendly message that weed is safer than booze.
The campaign also hopes to gain a foothold on changing attitudes toward marijuana, evidenced by increasing numbers of states and cities voting to decriminalize it as well as efforts in cities to reduce penalties for students.
UT health officials said that a year or two ago, the dean of students' office offered to stop kicking students out of the dorms if they were caught smoking pot in their rooms.
But campus housing officials balked, saying the smoke bothered nonsmoking students.
Dr. Chuck Roper, head of substance-abuse programs at UT's health services center, said he sees the logic behind the argument that marijuana isn't going to cause deaths like alcohol poisoning does. But organizers appear to be comparing recreational smoking to binge drinking instead of social drinking, he said.
"I'm not sure you're comparing apples to apples at that point," Dr. Roper said. "I understand the logic behind it but ... I don't think you should be encouraging students to break the law and get in trouble. Just like I don't think students should be encouraging students under the age of 21 to be drinking."
UT students became energized about the effort, organizers said, when 18-year-old Phanta "Jack" Phoummarath of Houston died in December of alcohol poisoning after drinking at his fraternity.
"If you look at the rules about how you can be suspended from school, we believe the university is encouraging drinking," said Ann Del Llano, a civil-liberties lawyer working with SAFER Texas. "We see this as a life-or-death matter. If they had brought [Mr. Phoummarath] an infinite amount of marijuana and forced him to consume it, he'd be alive and breathing today."
Marijuana rules should be same as for alcohol, which is deadlier, it says
By KAREN BROOKS / The Dallas Morning News
AUSTIN, Texas – Students at the University of Texas at Austin are asking administrators to ease campus penalties on smoking pot and put them on par with alcohol offenses, saying the school has a responsibility to discourage alcohol-related deaths by taking the stand that marijuana is the safer choice.
"If our elected officials in Texas want to impose harsh penalties for the use of marijuana, that is their decision, but the university does not have to pile on," said graduate student Judie Niskala, 25, who coordinated a referendum effort on campus and runs Texas NORML, which works to liberalize marijuana laws.
Students will vote on the measure, which is not binding, at the end of the month. It's part of a wider effort to target marijuana rules on campuses and in college towns.
It's already drawing opponents, who say that while it may be easy to argue the relative safety of marijuana compared to alcohol, the university shouldn't be sanctioning lawbreaking.
"We can argue all day and all night which is more dangerous, but the fact remains that alcohol is not illegal and marijuana is," said Ben Fizzell, director of the Young Conservatives of Texas chapter at UT. "If that [legal status] needs to be changed, that's different. ... [But] that would be UT saying, 'We do not view marijuana as illegal, and we won't treat it as such.' "
UT rules allow for a student's suspension for drinking on campus or at a UT event, but students cannot be punished for off-campus drinking. For marijuana, a student can be disciplined or suspended for use anywhere.
But the university rarely pursues off-campus pot users. Both alcohol and pot are banned in campus dorms, regardless of a student's age. So the referendum is largely a symbolic statement on what supporters see as the hypocrisy of wider marijuana laws.
Working the campus in T-shirts that read "Party Organically," a handful of student volunteers – aided by a group whose aim is to decriminalize marijuana statewide – landed about 1,400 student signatures on a petition to add the request to student voting set for Feb. 28 to March 1. University officials could not be reached to comment on what they would do if the referendum is approved.
The effort was originated by Safer Alternative for Enjoyable Recreation, or SAFER, a year-old advocacy group started in Colorado in response to widely reported deaths of students from drinking too much alcohol.
Last year, the group successfully passed referendums at the University of Colorado at Boulder and Colorado State University. They have similar projects going at the University of Florida, the University of Maryland, Ohio State University and State University of New York at Albany.
Administrators at both Colorado schools refused to put the student recommendations into effect. They've said they won't encourage illegal behavior. Like UT, they rarely punish students caught off-campus with marijuana.
Steve Fox, SAFER national executive director, said that the group is first targeting schools in capital cities to catch the attention of lawmakers but that the goal is to see the rules changed on all campuses.
Ultimately organizers want to see state legislatures decriminalize marijuana. But, unlike other pro-legalization groups that push medical marijuana or ending the drug war, SAFER's campaign focuses on the student-friendly message that weed is safer than booze.
The campaign also hopes to gain a foothold on changing attitudes toward marijuana, evidenced by increasing numbers of states and cities voting to decriminalize it as well as efforts in cities to reduce penalties for students.
UT health officials said that a year or two ago, the dean of students' office offered to stop kicking students out of the dorms if they were caught smoking pot in their rooms.
But campus housing officials balked, saying the smoke bothered nonsmoking students.
Dr. Chuck Roper, head of substance-abuse programs at UT's health services center, said he sees the logic behind the argument that marijuana isn't going to cause deaths like alcohol poisoning does. But organizers appear to be comparing recreational smoking to binge drinking instead of social drinking, he said.
"I'm not sure you're comparing apples to apples at that point," Dr. Roper said. "I understand the logic behind it but ... I don't think you should be encouraging students to break the law and get in trouble. Just like I don't think students should be encouraging students under the age of 21 to be drinking."
UT students became energized about the effort, organizers said, when 18-year-old Phanta "Jack" Phoummarath of Houston died in December of alcohol poisoning after drinking at his fraternity.
"If you look at the rules about how you can be suspended from school, we believe the university is encouraging drinking," said Ann Del Llano, a civil-liberties lawyer working with SAFER Texas. "We see this as a life-or-death matter. If they had brought [Mr. Phoummarath] an infinite amount of marijuana and forced him to consume it, he'd be alive and breathing today."
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