DNA: Murder suspect not father of unborn child
By JEFF MOSIER / The Dallas Morning News
FORT WORTH, Texas - DNA evidence introduced on the first day of testimony in the capital murder trial of Stephen Barbee showed that Mr. Barbee is not the father of Lisa Underwood's unborn child.
Mr. Barbee, 38, is accused of suffocating Ms. Underwood, 34, and her 7-year-old son Jayden a year ago Sunday. If convicted, Mr. Barbee could be sentenced to death.
The DNA tests determined that a man that Ms. Underwood had dated during the first half of 2004 was the father of the unborn girl, whom Ms. Underwood had planned to name Marleigh.
Ms. Underwood's friend and business partner, Holly Pils, said during her testimony that Ms. Underwood dated Mr. Barbee in 2003 and then split with him. They started seeing each other again during July of 2004, and at that time Ms. Underwood was dating the other man. She described the other man as Ms. Underwood's serious boyfriend.
Ms. Pils also told jurors that Ms. Underwood had asked Mr. Barbee to put her new daughter on his insurance when she was born.
Dr. Marc Krouse of the Tarrant County medical examiner's office testified that Ms. Underwood's fetus was healthy and well developed and showed no signs of any problems. If she would been born premature that day, she would have been viable, he said.
"Everything that was required to keep this baby alive was there," he said.
During Dr. Krouse's testimony, defense attorney Bill Ray questioned whether or not Ms. Underwood's suffocation could have been accidental instead of intentional.
Dr. Krouse testified that Ms. Underwood's injuries were consistent with someone pinning jer to the ground, either by sitting on her back or putting a knee on her back while she was on her stomach. He estimated that it would take two to three minutes of such force to cause complete suffocation, even though she would likely have lost consciousness after a few seconds of such pressure.
"A person can be unconscious and they will still try to breathe," he said.
On Tuesday morning in his opening statements, prosecutor Kevin Rosseau said that Mr. Barbee muttered "Oh God, what have I done?" after being questioned by police about the disappearance Ms. Underwood and her son.
"You're going to see, you're going to hear some disturbing things," said prosecutor Kevin Rousseau. "This is a bad case." He told jurors that during the trial, he will introduce evidence that Mr. Barbee, 38, confessed to police and his wife and led detectives to the bodies of the mother and son who were buried in a shallow grave in southern Denton County.
Mr. Rousseau said he will also introduce footage from a Denton County Sheriff's Department camera showing Mr. Barbee a quarter of a mile away from where Ms. Underwood's sport utility vehicle was abandoned. At the time Mr. Barbee was wet from the waist down and covered in mud, the prosecutor said.
The defense will present its opening statements after the prosecution rests its case.
Also Tuesday morning, the first police officer to answer a call to Ms. Underwood's home after friends reported that she didn't show up for her baby shower testified that she found a large blood stain in the living room and then declared the home a crime scene.
News from the Lone Star State
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TexasStooge
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Irving wreck causes gas leak, snarls traffic
By ALAN MELSON / DallasNews.com
IRVING, Texas - An SUV hit a gas meter near North Lake College Tuesday morning, temporarily disrupting the natural gas supply to the campus and forcing officials to evacuate at least one business nearby.
Atmos Energy spokesman Rand LaVonn said the vehicle was headed eastbound on Walnut Hill Lane near the college when it lost control and left the road, rolled several times and landed on top of the meter.
LaVonn said following the accident, a strong natural gas odor developed at nearby Carrington Laboratories, leading fire officials to temporarily evacuate a portion of the business.
He said crews dug a hole across the street from the campus to shut off the gas line that supplies the meter. Once the line was cut off, emergency crews were able to upright the vehicle and begin repairing the meter.
A North Lake College police dispatcher said the accident shut off access in and out of the campus along Walnut Hill Lane, which was closed for several hours in both directions at the scene of the wreck.
A note sent to North Lake faculty and staff by John Watson, director of facilities services for the school, said heat and hot water on the campus were affected, but no evacuation or shutdown of operations was planned.
By ALAN MELSON / DallasNews.com
IRVING, Texas - An SUV hit a gas meter near North Lake College Tuesday morning, temporarily disrupting the natural gas supply to the campus and forcing officials to evacuate at least one business nearby.
Atmos Energy spokesman Rand LaVonn said the vehicle was headed eastbound on Walnut Hill Lane near the college when it lost control and left the road, rolled several times and landed on top of the meter.
LaVonn said following the accident, a strong natural gas odor developed at nearby Carrington Laboratories, leading fire officials to temporarily evacuate a portion of the business.
He said crews dug a hole across the street from the campus to shut off the gas line that supplies the meter. Once the line was cut off, emergency crews were able to upright the vehicle and begin repairing the meter.
A North Lake College police dispatcher said the accident shut off access in and out of the campus along Walnut Hill Lane, which was closed for several hours in both directions at the scene of the wreck.
A note sent to North Lake faculty and staff by John Watson, director of facilities services for the school, said heat and hot water on the campus were affected, but no evacuation or shutdown of operations was planned.
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Fair Park ice rink finding its feet
Officials blame fear of crime, lack of exposure for slow start
By DAVID FLICK / The Dallas Morning News
Like a beginning skater, The Rink at Fair Park has had an unsteady start.
After an initial rush of skaters, business has fallen off during public skating hours, with the ice sometimes deserted and devoid of customers.
Operation costs are about $35,000 a month, but the rink is bringing in only about $10,000 a month.
"We have not gotten to be where we want to be, by far," said Jim From, the rink's vice president of operations. "By that, I mean peoplewise, which means incomewise."
But organizers say that, two months after the ice rink opened, they are finding their balance and will keep on their feet. Mr. From insists the rink is in no danger of permanently closing.
"It's still below what it needs to be, but every week, it's picking up," he said.
Some 1,500 people took to the ice during the rink's first week of open skating, and since then organizers have been attracting hockey clubs and private parties.
Participation in the "Kids on Ice" program, which is designed to introduce children in the surrounding urban neighborhoods to ice skating, also has increased, Mr. From said.
Although the facility will shut down in April for the summer – as planned – donations from local foundations and private individuals will allow it to reopen after the State Fair of Texas in October, he said.
David Deering, the Lakewood software salesman who worked three years to bring skating back to Fair Park Coliseum, said business is slow because few people are aware of the rink's existence.
Furthermore, he said, many of those who crowded the facility during its first week did so under the misunderstanding that it would be open for only a few weeks.
"Some people thought it was temporary. They thought it was a Christmas-type deal," Mr. Deering said. "And we haven't had enough advertising."
He said he hopes soon to have newspaper and radio ads to attract new skaters. But he also acknowledged another stumbling block.
"I think there's obviously a perception issue about Fair Park about crime. I don't think it's accurate by any means," he said.
Mark Wazny, who coaches a children's hockey team in Duncanville, said the squad had planned to play at Fair Park but canceled. He said he believes the rink is safe but that mothers of two skaters said they didn't feel comfortable going there after dark.
"One claimed that she saw gang members in the area," Mr. Wazny said. "Whether she did or not, I don't know, but after she said that, it sort of spread through the group."
Craig Holcomb, executive director of Friends of Fair Park, is frustrated by the perception but not surprised.
"It's something I'm fighting every day," he said.
He noted that only 16 crimes were reported in the park last year, and all were nonviolent.
"In that same period, one neighborhood in Lake Highlands had 29 crimes, and they didn't have 7 million visitors like we did," he said. "Fair Park is safe."
Teresa Worm, who lives in Hollywood Heights, said she has had no qualms about scheduling an ice-skating party there later this month for a group of her 8-year-old daughter's friends.
"I drive right up and walk in," she said. "I have no fear at all."
Mr. From said business is picking up again, after the drop off following the rink's inaugural week.
Local hockey clubs, a potentially important source of income, are showing increasing interest, he said.
"In the hockey world, there's always the question of 'Are we for real?' " he said. "Which means, 'Are we going to stay open?' And we are."
Officials blame fear of crime, lack of exposure for slow start
By DAVID FLICK / The Dallas Morning News
Like a beginning skater, The Rink at Fair Park has had an unsteady start.
After an initial rush of skaters, business has fallen off during public skating hours, with the ice sometimes deserted and devoid of customers.
Operation costs are about $35,000 a month, but the rink is bringing in only about $10,000 a month.
"We have not gotten to be where we want to be, by far," said Jim From, the rink's vice president of operations. "By that, I mean peoplewise, which means incomewise."
But organizers say that, two months after the ice rink opened, they are finding their balance and will keep on their feet. Mr. From insists the rink is in no danger of permanently closing.
"It's still below what it needs to be, but every week, it's picking up," he said.
Some 1,500 people took to the ice during the rink's first week of open skating, and since then organizers have been attracting hockey clubs and private parties.
Participation in the "Kids on Ice" program, which is designed to introduce children in the surrounding urban neighborhoods to ice skating, also has increased, Mr. From said.
Although the facility will shut down in April for the summer – as planned – donations from local foundations and private individuals will allow it to reopen after the State Fair of Texas in October, he said.
David Deering, the Lakewood software salesman who worked three years to bring skating back to Fair Park Coliseum, said business is slow because few people are aware of the rink's existence.
Furthermore, he said, many of those who crowded the facility during its first week did so under the misunderstanding that it would be open for only a few weeks.
"Some people thought it was temporary. They thought it was a Christmas-type deal," Mr. Deering said. "And we haven't had enough advertising."
He said he hopes soon to have newspaper and radio ads to attract new skaters. But he also acknowledged another stumbling block.
"I think there's obviously a perception issue about Fair Park about crime. I don't think it's accurate by any means," he said.
Mark Wazny, who coaches a children's hockey team in Duncanville, said the squad had planned to play at Fair Park but canceled. He said he believes the rink is safe but that mothers of two skaters said they didn't feel comfortable going there after dark.
"One claimed that she saw gang members in the area," Mr. Wazny said. "Whether she did or not, I don't know, but after she said that, it sort of spread through the group."
Craig Holcomb, executive director of Friends of Fair Park, is frustrated by the perception but not surprised.
"It's something I'm fighting every day," he said.
He noted that only 16 crimes were reported in the park last year, and all were nonviolent.
"In that same period, one neighborhood in Lake Highlands had 29 crimes, and they didn't have 7 million visitors like we did," he said. "Fair Park is safe."
Teresa Worm, who lives in Hollywood Heights, said she has had no qualms about scheduling an ice-skating party there later this month for a group of her 8-year-old daughter's friends.
"I drive right up and walk in," she said. "I have no fear at all."
Mr. From said business is picking up again, after the drop off following the rink's inaugural week.
Local hockey clubs, a potentially important source of income, are showing increasing interest, he said.
"In the hockey world, there's always the question of 'Are we for real?' " he said. "Which means, 'Are we going to stay open?' And we are."
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City trying to seduce 'Dallas' production
DALLAS, Texas (The Dallas Morning News) - Dallas wants to play a bigger hand in luring the producers of a new Dallas feature film to shoot here instead of in states that already are offering stronger government-approved incentives.
Mayor Laura Miller and Dallas Film Commission head Janis Burklund lately are backing a task force aimed at sweetening the pot for 20th Century Fox, which plans to begin production on the movie next fall. They hope to get the private sector involved in offering alternative perks to the filmmakers.
"We're just getting it started, and I don't know how successful it will be," Ms. Burklund said Monday. "But we're going to have to do something on our own. We need to solve this now."
A state bill to make Texas more competitive with Louisiana, Florida and other Dallas suitors was passed last year, but without any funding appropriated.
Michael Costigan, co-producer of the big-screen version, said he'd prefer to "make the whole film in Dallas."
"It's now going to come down to really making the numbers work with our studio," he said
DALLAS, Texas (The Dallas Morning News) - Dallas wants to play a bigger hand in luring the producers of a new Dallas feature film to shoot here instead of in states that already are offering stronger government-approved incentives.
Mayor Laura Miller and Dallas Film Commission head Janis Burklund lately are backing a task force aimed at sweetening the pot for 20th Century Fox, which plans to begin production on the movie next fall. They hope to get the private sector involved in offering alternative perks to the filmmakers.
"We're just getting it started, and I don't know how successful it will be," Ms. Burklund said Monday. "But we're going to have to do something on our own. We need to solve this now."
A state bill to make Texas more competitive with Louisiana, Florida and other Dallas suitors was passed last year, but without any funding appropriated.
Michael Costigan, co-producer of the big-screen version, said he'd prefer to "make the whole film in Dallas."
"It's now going to come down to really making the numbers work with our studio," he said
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Home association prohibits tower for Net access
By JIM GETZ / The Dallas Morning News
TERRELL, Texas - A tiny community south of Terrell is locked in a towering dispute.
On one side is nearly 70 percent of property owners in Meadowwood Park Ranch Estates who petitioned last summer for high-speed, wireless Internet service.
On the other are homeowners association rules that date to the pioneer days – 1984. Adopted before the rise of e-commerce, Web video and instant messaging, the rules outlaw such structures as the tower needed to support a transceiver, the association says.
Its board members say they are bound to enforce and defend the regulations, even if they, too, would like to surf the Web at home. And they've backed their stance by suing to tear down the 90-foot tower that Mark and Melissa Smith had Netport Heath Ltd. build on their lot.
The lawsuit especially rankles Joy Lowe, one of 30 or so residents who have been enjoying Web access thanks to the Smiths' tower.
"They should not be suing a company with our dues over something that we want," the resident said.
Mr. Smith contends that the association needs to change with the times.
"The Internet is no longer a toy – it's a necessity to business," said the retired firefighter from Garland, who works for a company that provides record-keeping software for fire departments and fixes glitches online.
He noted that 111 of the 162 property owners in Meadowwood Park Ranch signed the petition seeking the association board's approval for a tower.
"I wouldn't have gone ahead with the tower if 111 people hadn't said they wanted it," Mr. Smith said. "Once they told the board they wanted it – isn't this America, a democracy?"
In December, unhappy residents called a meeting to recall the board, a move that requires 82 votes. The tally, however, was only 49-41 for ouster.
Last week, the board's attorney, Andrew Jordan of Kaufman, told state District Judge Michael Chitty that the only structures allowed by the deed restrictions are homes, guesthouses or outbuildings.
"I am confident the tower is a structure by any definition," Mr. Jordan said after the hearing.
Mr. Jordan said the development's covenants, signed Oct. 3, 1984, forbid any board from changing the restrictions for three decades – meaning, if Judge Chitty rules for the board, it could not consider such a tower for almost nine years.
The board's hands are tied, Mr. Jordan said: "There just simply is not a mechanism in the deed restrictions or the bylaws for changing things."
From last week's proceedings, it did not sound as though Netport had explicit permission to erect the tower – but neither did the board explicitly forbid it until it was already up. Also, Ms. Lowe, Mr. Smith and other residents say the board has not objected to other "structures," such as fences, playground equipment and gazebos.
Netport owner Stephen Clark said he worked with the board last summer to find a suitable tower location outside the subdivision, but no site would have enabled all residents to receive service.
And last fall, Mr. Clark said, he showed the board 10-foot towers on tripods that would have had to be mounted on every home for them to receive service from outside.
When they saw that, he said, they agreed to a tower within the subdivision.
"They said, 'Let's do it.' So we did it," he said. "And then, in the meantime, the members changed, and somebody was unhappy with it. Throughout November we were in there digging and with trucks – the whole time, nothing [was said]."
Mr. Jordan said he was not familiar with the entire history of the dispute but had never been told it was impossible to get adequate service from a tower outside Meadowwood. He also said the board's past actions – or failures to act – on other structures couldn't be applied to the present case.
It is possible the federal Telecommunications Act of 1996, which includes a section encouraging rural service, could trump local restrictions, but both sides must research that further. Because of that uncertainty, Judge Chitty maintained the status quo – barring Netport from signing up more customers at least until the next court hearing. It is set for March 31.
By JIM GETZ / The Dallas Morning News
TERRELL, Texas - A tiny community south of Terrell is locked in a towering dispute.
On one side is nearly 70 percent of property owners in Meadowwood Park Ranch Estates who petitioned last summer for high-speed, wireless Internet service.
On the other are homeowners association rules that date to the pioneer days – 1984. Adopted before the rise of e-commerce, Web video and instant messaging, the rules outlaw such structures as the tower needed to support a transceiver, the association says.
Its board members say they are bound to enforce and defend the regulations, even if they, too, would like to surf the Web at home. And they've backed their stance by suing to tear down the 90-foot tower that Mark and Melissa Smith had Netport Heath Ltd. build on their lot.
The lawsuit especially rankles Joy Lowe, one of 30 or so residents who have been enjoying Web access thanks to the Smiths' tower.
"They should not be suing a company with our dues over something that we want," the resident said.
Mr. Smith contends that the association needs to change with the times.
"The Internet is no longer a toy – it's a necessity to business," said the retired firefighter from Garland, who works for a company that provides record-keeping software for fire departments and fixes glitches online.
He noted that 111 of the 162 property owners in Meadowwood Park Ranch signed the petition seeking the association board's approval for a tower.
"I wouldn't have gone ahead with the tower if 111 people hadn't said they wanted it," Mr. Smith said. "Once they told the board they wanted it – isn't this America, a democracy?"
In December, unhappy residents called a meeting to recall the board, a move that requires 82 votes. The tally, however, was only 49-41 for ouster.
Last week, the board's attorney, Andrew Jordan of Kaufman, told state District Judge Michael Chitty that the only structures allowed by the deed restrictions are homes, guesthouses or outbuildings.
"I am confident the tower is a structure by any definition," Mr. Jordan said after the hearing.
Mr. Jordan said the development's covenants, signed Oct. 3, 1984, forbid any board from changing the restrictions for three decades – meaning, if Judge Chitty rules for the board, it could not consider such a tower for almost nine years.
The board's hands are tied, Mr. Jordan said: "There just simply is not a mechanism in the deed restrictions or the bylaws for changing things."
From last week's proceedings, it did not sound as though Netport had explicit permission to erect the tower – but neither did the board explicitly forbid it until it was already up. Also, Ms. Lowe, Mr. Smith and other residents say the board has not objected to other "structures," such as fences, playground equipment and gazebos.
Netport owner Stephen Clark said he worked with the board last summer to find a suitable tower location outside the subdivision, but no site would have enabled all residents to receive service.
And last fall, Mr. Clark said, he showed the board 10-foot towers on tripods that would have had to be mounted on every home for them to receive service from outside.
When they saw that, he said, they agreed to a tower within the subdivision.
"They said, 'Let's do it.' So we did it," he said. "And then, in the meantime, the members changed, and somebody was unhappy with it. Throughout November we were in there digging and with trucks – the whole time, nothing [was said]."
Mr. Jordan said he was not familiar with the entire history of the dispute but had never been told it was impossible to get adequate service from a tower outside Meadowwood. He also said the board's past actions – or failures to act – on other structures couldn't be applied to the present case.
It is possible the federal Telecommunications Act of 1996, which includes a section encouraging rural service, could trump local restrictions, but both sides must research that further. Because of that uncertainty, Judge Chitty maintained the status quo – barring Netport from signing up more customers at least until the next court hearing. It is set for March 31.
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TexasStooge
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Girl finds her parents shot dead in closet
Dallas: Police say quarrel preceded apparent murder-suicide
By TANYA EISERER and LILIANA VARGAS / The Dallas Morning News
Something's wrong with my mother, the girl told a neighbor who came by her North Dallas apartment and found her crying on the couch Sunday evening.
The neighbor called the police. Authorities then discovered the bodies of the girl's parents in a closet, the victims of an apparent murder-suicide.
It was Dallas' first murder-suicide of the year. Domestic violence cases – including child abuse – made up about 9 percent of Dallas' 198 murders last year.
Police believe Javier Gutierrez, 32, killed his wife, Eneyda Gutierrez, 28, and then himself. Both suffered a gunshot wound to the head.
The 7-year-old girl and her 2-year-old brother were in the apartment in the 10800 block of Stone Canyon Road, police said. The two children are now in the custody of relatives.
"We don't know what the argument was about," said Sgt. Gene Reyes, a homicide supervisor. "She's not talking much."
Mrs. Gutierrez's family says the couple had a history of domestic problems. Mr. Gutierrez would beat his wife when he was drunk, said Areli Vences, Mrs. Gutierrez's brother.
The couple moved to Houston about 10 years ago and had been in Dallas for three years. They had been married for 13 years.
"She had already left him a few times when they lived in Houston, but she kept going back to him," Mr. Vences said.
She worked for an air filter company in Hutchins, and he was unemployed, police said.
From what police can gather, the couple argued late Saturday and early Sunday because Mr. Gutierrez came home late.
About noon Sunday, the couple went into their bedroom and closed the door. Hours went by before the girl opened the door and found her parents dead in the closet, Sgt. Reyes said. The closet door was open.
"She then opened the [front] door and sat in the living room and cried," he said. "One of the neighbors heard her crying and asked her what was wrong."
The neighbor came by about 5 p.m. Sunday, he said. Police also recovered a gun from the scene. "The kid never admitted to hearing gunshots," Sgt. Reyes said.
Family members said both bodies will be taken to their hometown in Mexico.
"I don't know what happened," said Rogelio Gutierrez, Javier's brother. "My family would like for my brother to be buried next to his wife, but her family doesn't want to. I don't understand. They seemed happy and were always together."
Dallas: Police say quarrel preceded apparent murder-suicide
By TANYA EISERER and LILIANA VARGAS / The Dallas Morning News
Something's wrong with my mother, the girl told a neighbor who came by her North Dallas apartment and found her crying on the couch Sunday evening.
The neighbor called the police. Authorities then discovered the bodies of the girl's parents in a closet, the victims of an apparent murder-suicide.
It was Dallas' first murder-suicide of the year. Domestic violence cases – including child abuse – made up about 9 percent of Dallas' 198 murders last year.
Police believe Javier Gutierrez, 32, killed his wife, Eneyda Gutierrez, 28, and then himself. Both suffered a gunshot wound to the head.
The 7-year-old girl and her 2-year-old brother were in the apartment in the 10800 block of Stone Canyon Road, police said. The two children are now in the custody of relatives.
"We don't know what the argument was about," said Sgt. Gene Reyes, a homicide supervisor. "She's not talking much."
Mrs. Gutierrez's family says the couple had a history of domestic problems. Mr. Gutierrez would beat his wife when he was drunk, said Areli Vences, Mrs. Gutierrez's brother.
The couple moved to Houston about 10 years ago and had been in Dallas for three years. They had been married for 13 years.
"She had already left him a few times when they lived in Houston, but she kept going back to him," Mr. Vences said.
She worked for an air filter company in Hutchins, and he was unemployed, police said.
From what police can gather, the couple argued late Saturday and early Sunday because Mr. Gutierrez came home late.
About noon Sunday, the couple went into their bedroom and closed the door. Hours went by before the girl opened the door and found her parents dead in the closet, Sgt. Reyes said. The closet door was open.
"She then opened the [front] door and sat in the living room and cried," he said. "One of the neighbors heard her crying and asked her what was wrong."
The neighbor came by about 5 p.m. Sunday, he said. Police also recovered a gun from the scene. "The kid never admitted to hearing gunshots," Sgt. Reyes said.
Family members said both bodies will be taken to their hometown in Mexico.
"I don't know what happened," said Rogelio Gutierrez, Javier's brother. "My family would like for my brother to be buried next to his wife, but her family doesn't want to. I don't understand. They seemed happy and were always together."
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SMU warns of alleged sexual assault of minor
By GARY REAVES / WFAA ABC 8
UNIVERSITY PARK, Texas - Southern Methodist University police issued an assault alert for the entire campus after an alleged sexual assault of a 16-year-old girl by an SMU student.
A flier posted on campus explained the young girl who was dropped off Sunday night by friends at an off-campus apartment of a 20-year-old SMU student.
The flier then said the girl was picked up by her parents Monday morning and her parents filed a criminal complaint against the student. No charges against the student have been filed.
The case is under investigation by SMU police.
By GARY REAVES / WFAA ABC 8
UNIVERSITY PARK, Texas - Southern Methodist University police issued an assault alert for the entire campus after an alleged sexual assault of a 16-year-old girl by an SMU student.
A flier posted on campus explained the young girl who was dropped off Sunday night by friends at an off-campus apartment of a 20-year-old SMU student.
The flier then said the girl was picked up by her parents Monday morning and her parents filed a criminal complaint against the student. No charges against the student have been filed.
The case is under investigation by SMU police.
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Church and husband kept Schlosser from 'proper care'
By JENNIFER EMILY / The Dallas Morning News
McKINNEY, Texas - A forensic psychiatrist testifying for the defense told the jury Tuesday morning that Dena Schlosser's husband and church prevented her from getting the proper psychiatric care.
"It very much appears Ms. Schlosser was kept from adequate treatment ... when she needed it and when she wanted it," William H. Reid said. "It's very sad."
Dr. Reid told the jury of five-women and seven men that Ms. Schlosser was very dependent on her husband, John Schlosser, to tell her what to do. In jail, she has often been at a loss when she needed to make a decision.
She often says, "'I don't know what to do' - implying 'tell me what to do,' " Dr. Reid said.
Dr. Reid was the last defense witness. Closing arguments will begin Wednesday morning.
Ms. Schlosser, 37, is standing trial for capital murder in the death of 10-month-old Maggie Schlosser, whose arms were severed at the shoulders in November 2004, just before Thanksgiving in the family's Plano apartment. She has pleaded not guilty by reason of insanity.
The defense must prove to the jury that Ms. Schlosser suffered from a mental disease or defect that caused her to be insane at the time of the child's death.
Prosecutors are not seeking the death penalty, a guilty verdict would send Ms. Schlosser 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.
Ms. Schlosser was diagnosed with postpartum depression and psychosis soon after Maggie's birth, and cycled on and off medication for the next several months.
Dr. Reid was the third psychiatrist to testify that he believed Ms. Schlosser did not know right from wrong when she killed Maggie.
"She was not able to know right from wrong at the time she committed this act ..." he said. "Everything I saw, everything I've seen indicated that she did not know what she was doing was wrong."
Dr. Reid testified that people suffering from psychosis, like Ms. Schlosser, can sometime carry out simple duties - like brushing their teeth - even though they have a break from reality.
Many of the prosecution's questions while cross-examining witnesses focused on the fact that Ms. Schlosser did things like make the bed the day she killed Maggie and in the days leading up to the baby's death.
Dr. Reid testified under cross-examination that being psychotic does not necessarily mean someone does not know right from wrong.
He also said that when he talked with Ms. Schlosser about Maggie's death, she told him: "I felt I needed to make a new start," adding that she didn't want the Jezebel spirit to hurt her or Maggie and could not say why it would.
She told him that when she cut off Maggie's arms that she did not remember whether she did it quickly or slowly.
"I don't remember what she looked like," he recalled her saying.
He said her plan was to send Maggie and herself to heaven.
Dr. Reid also testified there is no way to apply logical thinking to why Ms. Schlosser killed her daughter.
"We all want to see logic in it somehow," he said.
By JENNIFER EMILY / The Dallas Morning News
McKINNEY, Texas - A forensic psychiatrist testifying for the defense told the jury Tuesday morning that Dena Schlosser's husband and church prevented her from getting the proper psychiatric care.
"It very much appears Ms. Schlosser was kept from adequate treatment ... when she needed it and when she wanted it," William H. Reid said. "It's very sad."
Dr. Reid told the jury of five-women and seven men that Ms. Schlosser was very dependent on her husband, John Schlosser, to tell her what to do. In jail, she has often been at a loss when she needed to make a decision.
She often says, "'I don't know what to do' - implying 'tell me what to do,' " Dr. Reid said.
Dr. Reid was the last defense witness. Closing arguments will begin Wednesday morning.
Ms. Schlosser, 37, is standing trial for capital murder in the death of 10-month-old Maggie Schlosser, whose arms were severed at the shoulders in November 2004, just before Thanksgiving in the family's Plano apartment. She has pleaded not guilty by reason of insanity.
The defense must prove to the jury that Ms. Schlosser suffered from a mental disease or defect that caused her to be insane at the time of the child's death.
Prosecutors are not seeking the death penalty, a guilty verdict would send Ms. Schlosser 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.
Ms. Schlosser was diagnosed with postpartum depression and psychosis soon after Maggie's birth, and cycled on and off medication for the next several months.
Dr. Reid was the third psychiatrist to testify that he believed Ms. Schlosser did not know right from wrong when she killed Maggie.
"She was not able to know right from wrong at the time she committed this act ..." he said. "Everything I saw, everything I've seen indicated that she did not know what she was doing was wrong."
Dr. Reid testified that people suffering from psychosis, like Ms. Schlosser, can sometime carry out simple duties - like brushing their teeth - even though they have a break from reality.
Many of the prosecution's questions while cross-examining witnesses focused on the fact that Ms. Schlosser did things like make the bed the day she killed Maggie and in the days leading up to the baby's death.
Dr. Reid testified under cross-examination that being psychotic does not necessarily mean someone does not know right from wrong.
He also said that when he talked with Ms. Schlosser about Maggie's death, she told him: "I felt I needed to make a new start," adding that she didn't want the Jezebel spirit to hurt her or Maggie and could not say why it would.
She told him that when she cut off Maggie's arms that she did not remember whether she did it quickly or slowly.
"I don't remember what she looked like," he recalled her saying.
He said her plan was to send Maggie and herself to heaven.
Dr. Reid also testified there is no way to apply logical thinking to why Ms. Schlosser killed her daughter.
"We all want to see logic in it somehow," he said.
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Response to crime lab scandal criticized
Only 2 freed despite many faulty tests in Houston; some say convictions still solid
By BRUCE NICHOLS / The Dallas Morning News
HOUSTON, Texas – A series of investigations of the Houston police crime lab has uncovered dozens of faulty tests, but the findings have freed just two wrongly convicted men in three years.
Some say the legal system – including defense lawyers – has been slow to respond, and legislators and inmate advocates are looking for ways to make sure innocent people have not been sent to prison or, worse, the death chamber.
"There needs to be some mechanism to giving those individuals the proper legal representation they deserve," said state Sen. Rodney Ellis, D-Houston, board chairman for the New York-based Innocence Project and a member of the Senate Criminal Justice Committee.
Prosecutors say few convictions have been overturned because most of the errors were not major factors in convictions.
But critics aren't so sure. Preliminary findings last month showed 40 percent of DNA cases examined and 22.5 percent of blood-test cases scrutinized between 1987 and 2002 had major errors.
And the inquiry keeps growing. Michael Bromwich, an independent investigator hired by the city in 2005, is extending his inquiry seven years further back, to 1980, casting doubt on hundreds more cases. The examination is unfolding even as other cases around the state and the country have been overturned for similar problems.
Triggered by a 2002 KHOU-TV investigation that uncovered flaws in Houston Police Department DNA testing, the investigation has gone through several stages – prosecutors and police combed through more than 400 DNA cases; two grand juries studied and criticized the police lab; and Mr. Bromwich sampled 2,700 cases of various types for examination.
The findings have been shocking.
According to Mr. Bromwich's reports, poorly trained lab workers faked or misinterpreted tests, withheld exculpatory findings and gave false testimony in court.
Two convictions have been overturned. Josiah Sutton served more than four years in prison for rape before being freed in 2003 after a DNA retest contradicted earlier Houston lab work that helped convict him. And George Rodriguez served 17 years in prison for rape before being released in 2004 after DNA testing discredited lab work done in his case.
Mr. Bromwich, a former Justice Department inspector general who investigated the FBI lab in the 1990s, told a legislative meeting recently that "the incidence of problems ... was so high...we decided to recalibrate."
He also plans to dig deeper into individual convictions. Getting innocent people out of jail is not part of his mandate, but there's "disturbing anecdotal evidence about the lack of follow-through on some of our findings," he said, specifically citing defense lawyers.
Challenges in system
One problem, critics say, is the difficulty that inmates face getting and keeping attorneys and navigating the system, which provides limited funding for free legal work and imposes hurdles to control frivolous claims.
It's also a fact that neither defense lawyers, often representing indigent defendants by taxpayer-funded court appointment, nor district attorneys, whose staffs tend to be lean, have the resources to review a large number of cases quickly.
"There has to be focused, systematic attention brought to bear on these cases," said Barry Scheck, co-founder of the Innocence Project, which has done its own work in Houston cases.
"This is the single worst forensic scandal in the history of American justice, and it's taking place in a jurisdiction [Harris County] that has executed more people than any state except Texas and Virginia."
Harris County District Attorney Chuck Rosenthal expresses confidence that no innocent person has been executed and that most errors are "not a matter of someone making a decision to convict someone who was innocent." Most retesting has supported the original findings, his office has said.
But he has promised thorough corrective action. "We have an obligation to make sure that no innocent person was convicted of anything and that no false information was given to a jury," he said.
Others are fearful that a wrongful execution eventually will turn up. "I am bracing for it," said City Council member Adrian Garcia, a former police officer who chairs the council's public safety and homeland security committee.
Mr. Scheck has offered the services of his growing network of Innocence Projects, staffed by law students at schools around the country, including several in Texas. Recent legislative action provides some state grant money to help fund the effort.
Mr. Ellis has gone further, proposing a state Innocence Commission. His bill was gaining traction last legislative session but was shelved after Gov. Rick Perry proposed a Criminal Justice Advisory Council to make recommendations on the problem from both the prosecution and defense perspective. The Ellis proposal will be reintroduced next session, aides say.
Mr. Ellis supports widening the investigation, getting the state bar and even federal authorities involved. "The more open and fair the process is in finding out the true extent of the problem, the more faith that the public will have," he said.
Start of investigation
The inquiry began when the Houston Police Department and Mr. Rosenthal identified for retesting more than 400 cases involving DNA from semen, blood or other tissue. The move came in response to reports by KHOU-TV, owned by Belo Corp., which also owns The Dallas Morning News.
When results showed numerous errors, lab workers were disciplined or forced out. But two grand juries investigated without returning criminal indictments. Mr. Rosenthal has said the statute of limitations, which regulates how far in the past he can go, is a barrier to prosecution.
After Mr. Bromwich was brought in for a broader look, the bad news grew worse. His team found problems mainly in DNA and the predecessor blood-typing technology, serology, but also in ballistics, controlled substances and toxicology.
In a second phase of its inquiry, Mr. Bromwich's team is reviewing 2,700 individual cases sampled from the 130,000 that the lab handled between 1987 and 2002. A little less than halfway through, 27 of 67 DNA tests by the Houston Police Department and 18 of 80 serology, or blood-test, cases were found to have major flaws.
Mr. Bromwich has decided on a third phase. This will include detailed review of individual cases in which serology and DNA evidence contributed to guilty pleas or convictions. He also wants to review serology operations going back to 1980 instead of stopping in 1987.
Price tag
By the time it's over, officials estimate the lab mess could cost the city as much as $10 million. Of course, the ultimate cost depends on how long it takes to finish the inquiry and to resolve all the cases.
Problems have been found at other labs around the country, but none as extensive as those uncovered in Houston.
In fairness, Mr. Bromwich said there probably are big problems elsewhere. But at the moment, he said, Houston "may be alone in having the fortitude to explore them honestly and openly."
Dallas' crime lab has had no similar investigation but hasn't had a comparable scandal either. In Fort Worth, after lab errors were discovered, a two-year investigation determined that no long-term injustice resulted.
Meanwhile, Irma Rios, a Department of Public Safety lab veteran hired to run the Houston lab in late 2003, soldiers on. She's working to fix the lab while continuing to oversee processing of thousands of cases a year.
"We're moving quickly," she said, citing accreditation last year of most of the lab except the DNA section. The DNA section has been shut down – except for identifying samples to send to private labs – since 2002. She hopes to have it up and running again in a few months.
But restoration of public confidence awaits proven performance and resolution of all the problems with old cases, she said. The steady drip of foul-ups hurts, she said. In one recent example, retest paperwork for a case was lost for five months.
"It's going to take a long time," Ms. Rios said.
Only 2 freed despite many faulty tests in Houston; some say convictions still solid
By BRUCE NICHOLS / The Dallas Morning News
HOUSTON, Texas – A series of investigations of the Houston police crime lab has uncovered dozens of faulty tests, but the findings have freed just two wrongly convicted men in three years.
Some say the legal system – including defense lawyers – has been slow to respond, and legislators and inmate advocates are looking for ways to make sure innocent people have not been sent to prison or, worse, the death chamber.
"There needs to be some mechanism to giving those individuals the proper legal representation they deserve," said state Sen. Rodney Ellis, D-Houston, board chairman for the New York-based Innocence Project and a member of the Senate Criminal Justice Committee.
Prosecutors say few convictions have been overturned because most of the errors were not major factors in convictions.
But critics aren't so sure. Preliminary findings last month showed 40 percent of DNA cases examined and 22.5 percent of blood-test cases scrutinized between 1987 and 2002 had major errors.
And the inquiry keeps growing. Michael Bromwich, an independent investigator hired by the city in 2005, is extending his inquiry seven years further back, to 1980, casting doubt on hundreds more cases. The examination is unfolding even as other cases around the state and the country have been overturned for similar problems.
Triggered by a 2002 KHOU-TV investigation that uncovered flaws in Houston Police Department DNA testing, the investigation has gone through several stages – prosecutors and police combed through more than 400 DNA cases; two grand juries studied and criticized the police lab; and Mr. Bromwich sampled 2,700 cases of various types for examination.
The findings have been shocking.
According to Mr. Bromwich's reports, poorly trained lab workers faked or misinterpreted tests, withheld exculpatory findings and gave false testimony in court.
Two convictions have been overturned. Josiah Sutton served more than four years in prison for rape before being freed in 2003 after a DNA retest contradicted earlier Houston lab work that helped convict him. And George Rodriguez served 17 years in prison for rape before being released in 2004 after DNA testing discredited lab work done in his case.
Mr. Bromwich, a former Justice Department inspector general who investigated the FBI lab in the 1990s, told a legislative meeting recently that "the incidence of problems ... was so high...we decided to recalibrate."
He also plans to dig deeper into individual convictions. Getting innocent people out of jail is not part of his mandate, but there's "disturbing anecdotal evidence about the lack of follow-through on some of our findings," he said, specifically citing defense lawyers.
Challenges in system
One problem, critics say, is the difficulty that inmates face getting and keeping attorneys and navigating the system, which provides limited funding for free legal work and imposes hurdles to control frivolous claims.
It's also a fact that neither defense lawyers, often representing indigent defendants by taxpayer-funded court appointment, nor district attorneys, whose staffs tend to be lean, have the resources to review a large number of cases quickly.
"There has to be focused, systematic attention brought to bear on these cases," said Barry Scheck, co-founder of the Innocence Project, which has done its own work in Houston cases.
"This is the single worst forensic scandal in the history of American justice, and it's taking place in a jurisdiction [Harris County] that has executed more people than any state except Texas and Virginia."
Harris County District Attorney Chuck Rosenthal expresses confidence that no innocent person has been executed and that most errors are "not a matter of someone making a decision to convict someone who was innocent." Most retesting has supported the original findings, his office has said.
But he has promised thorough corrective action. "We have an obligation to make sure that no innocent person was convicted of anything and that no false information was given to a jury," he said.
Others are fearful that a wrongful execution eventually will turn up. "I am bracing for it," said City Council member Adrian Garcia, a former police officer who chairs the council's public safety and homeland security committee.
Mr. Scheck has offered the services of his growing network of Innocence Projects, staffed by law students at schools around the country, including several in Texas. Recent legislative action provides some state grant money to help fund the effort.
Mr. Ellis has gone further, proposing a state Innocence Commission. His bill was gaining traction last legislative session but was shelved after Gov. Rick Perry proposed a Criminal Justice Advisory Council to make recommendations on the problem from both the prosecution and defense perspective. The Ellis proposal will be reintroduced next session, aides say.
Mr. Ellis supports widening the investigation, getting the state bar and even federal authorities involved. "The more open and fair the process is in finding out the true extent of the problem, the more faith that the public will have," he said.
Start of investigation
The inquiry began when the Houston Police Department and Mr. Rosenthal identified for retesting more than 400 cases involving DNA from semen, blood or other tissue. The move came in response to reports by KHOU-TV, owned by Belo Corp., which also owns The Dallas Morning News.
When results showed numerous errors, lab workers were disciplined or forced out. But two grand juries investigated without returning criminal indictments. Mr. Rosenthal has said the statute of limitations, which regulates how far in the past he can go, is a barrier to prosecution.
After Mr. Bromwich was brought in for a broader look, the bad news grew worse. His team found problems mainly in DNA and the predecessor blood-typing technology, serology, but also in ballistics, controlled substances and toxicology.
In a second phase of its inquiry, Mr. Bromwich's team is reviewing 2,700 individual cases sampled from the 130,000 that the lab handled between 1987 and 2002. A little less than halfway through, 27 of 67 DNA tests by the Houston Police Department and 18 of 80 serology, or blood-test, cases were found to have major flaws.
Mr. Bromwich has decided on a third phase. This will include detailed review of individual cases in which serology and DNA evidence contributed to guilty pleas or convictions. He also wants to review serology operations going back to 1980 instead of stopping in 1987.
Price tag
By the time it's over, officials estimate the lab mess could cost the city as much as $10 million. Of course, the ultimate cost depends on how long it takes to finish the inquiry and to resolve all the cases.
Problems have been found at other labs around the country, but none as extensive as those uncovered in Houston.
In fairness, Mr. Bromwich said there probably are big problems elsewhere. But at the moment, he said, Houston "may be alone in having the fortitude to explore them honestly and openly."
Dallas' crime lab has had no similar investigation but hasn't had a comparable scandal either. In Fort Worth, after lab errors were discovered, a two-year investigation determined that no long-term injustice resulted.
Meanwhile, Irma Rios, a Department of Public Safety lab veteran hired to run the Houston lab in late 2003, soldiers on. She's working to fix the lab while continuing to oversee processing of thousands of cases a year.
"We're moving quickly," she said, citing accreditation last year of most of the lab except the DNA section. The DNA section has been shut down – except for identifying samples to send to private labs – since 2002. She hopes to have it up and running again in a few months.
But restoration of public confidence awaits proven performance and resolution of all the problems with old cases, she said. The steady drip of foul-ups hurts, she said. In one recent example, retest paperwork for a case was lost for five months.
"It's going to take a long time," Ms. Rios said.
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TexasStooge
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Elderly woman target of false 911 calls
By GARY REAVES / WFAA ABC 8
DALLAS, Texas - Dallas police are searching for the person they said keeps calling 911 and have police and fire crews rushing to emergencies that never existed.
Authorities said they have received the calls more than three dozen times and all have sent police to the same elderly woman's home.
"When I got home this dead bolt here was busted out," said Mary Johnson, 69.
The bolt had been busted by firefighters who raced to Johnson's rescue only to find it was a bogus call. The call was one of 40 in the last 30 days.
"The reasons they give range from bomb threats to shots fired from within the house, and this is driving all of us crazy," said Karen Hays, Johnson's daughter.
The home of this substitute teacher is usually quiet until someone calls 911 to claim it is the scene of a crime.
One of the more dramatic 911 calls occurred Sunday.
"They said they got a call there were 15 people shooting and they were bleeding and lying all over the place," said Lt. Joel Lavendar, Dallas fire-Rescue.
Authorities are worried that while crews wasted time rushing to answer the false call that someone else somewhere may be in real danger.
"If there is an accident we cannot respond to, that time may mean someone's life," Lavendar said.
Both the police and fire departments are investigating the calls as a serious crime. Meanwhile, Johnson will also wait for an arrest as the stress builds.
"As a matter of fact she cried for hours," Hays said. "When we see our children cry we sympathize, but when you see your mom cry your heart breaks."
The family also worries at the intent of the strange calls.
"I don't know if it's someone who is planning on doing something or what," Johnson said.
By GARY REAVES / WFAA ABC 8
DALLAS, Texas - Dallas police are searching for the person they said keeps calling 911 and have police and fire crews rushing to emergencies that never existed.
Authorities said they have received the calls more than three dozen times and all have sent police to the same elderly woman's home.
"When I got home this dead bolt here was busted out," said Mary Johnson, 69.
The bolt had been busted by firefighters who raced to Johnson's rescue only to find it was a bogus call. The call was one of 40 in the last 30 days.
"The reasons they give range from bomb threats to shots fired from within the house, and this is driving all of us crazy," said Karen Hays, Johnson's daughter.
The home of this substitute teacher is usually quiet until someone calls 911 to claim it is the scene of a crime.
One of the more dramatic 911 calls occurred Sunday.
"They said they got a call there were 15 people shooting and they were bleeding and lying all over the place," said Lt. Joel Lavendar, Dallas fire-Rescue.
Authorities are worried that while crews wasted time rushing to answer the false call that someone else somewhere may be in real danger.
"If there is an accident we cannot respond to, that time may mean someone's life," Lavendar said.
Both the police and fire departments are investigating the calls as a serious crime. Meanwhile, Johnson will also wait for an arrest as the stress builds.
"As a matter of fact she cried for hours," Hays said. "When we see our children cry we sympathize, but when you see your mom cry your heart breaks."
The family also worries at the intent of the strange calls.
"I don't know if it's someone who is planning on doing something or what," Johnson said.
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TexasStooge
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Woman found murdered in Dallas apartment
DALLAS, Texas (WFAA ABC 8) - Dallas police were on the scene of a murder in the 9400 block of Skillman Street in Dallas Tuesday night.
Neighbors at the Sienna Springs Apartments notified a maintenance man about a door that was open.
Investigators said the maintenance man found a woman inside the residence and she had apparently been stabbed to death.
Police said there are no suspects in custody at this time.
DALLAS, Texas (WFAA ABC 8) - Dallas police were on the scene of a murder in the 9400 block of Skillman Street in Dallas Tuesday night.
Neighbors at the Sienna Springs Apartments notified a maintenance man about a door that was open.
Investigators said the maintenance man found a woman inside the residence and she had apparently been stabbed to death.
Police said there are no suspects in custody at this time.
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TexasStooge
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Officers speak out on cop killing game
By REBECCA RODRIGUEZ / WFAA ABC 8
While the game 25 to Life is one of the fastest selling games on the market, Dallas police said the game is anything but amusing.
25 to Life lets players choose to either be a good guy or a bad guy. When they choose the bad guy they can also pick one of 40 weapons to become a cop killer.
"It does not animate or cartoon the violence in anyway," said Bobby Poe, an avid video game player. "It is like extremely realistic."
Officers said they don't see the entertainment value of a game that allows players to target officers.
"To make some game where it is fun to kill and win points to kill cops, I just think it is wrong," said Sr. Cpl. Eric Knight.
Some said they already feel like it is open season on officers.
National Law Enforcement Officers Memorial Fund's online petition to protest 25 to Life
Last week, four SWAT officers were shot serving a warrant. In November, Officer Brian Jackson was killed during a domestic violence call. Sr. Cpl Eric Knight was one of his best friends.
"There is no way to get through to people what it is like," Knight said of the loss of a fellow officer.
In the last 10 years, police said 70 officers nationwide were killed by people under the age of 18.
Despite Poe's video gaming hobby, he said he was even disturbed by the graphic content.
"I don't know if I would really want my kids playing it," he said.
But some people said they feel it's just a game. The stores News 8 checked were sold out of the game.
By REBECCA RODRIGUEZ / WFAA ABC 8
While the game 25 to Life is one of the fastest selling games on the market, Dallas police said the game is anything but amusing.
25 to Life lets players choose to either be a good guy or a bad guy. When they choose the bad guy they can also pick one of 40 weapons to become a cop killer.
"It does not animate or cartoon the violence in anyway," said Bobby Poe, an avid video game player. "It is like extremely realistic."
Officers said they don't see the entertainment value of a game that allows players to target officers.
"To make some game where it is fun to kill and win points to kill cops, I just think it is wrong," said Sr. Cpl. Eric Knight.
Some said they already feel like it is open season on officers.
National Law Enforcement Officers Memorial Fund's online petition to protest 25 to Life
Last week, four SWAT officers were shot serving a warrant. In November, Officer Brian Jackson was killed during a domestic violence call. Sr. Cpl Eric Knight was one of his best friends.
"There is no way to get through to people what it is like," Knight said of the loss of a fellow officer.
In the last 10 years, police said 70 officers nationwide were killed by people under the age of 18.
Despite Poe's video gaming hobby, he said he was even disturbed by the graphic content.
"I don't know if I would really want my kids playing it," he said.
But some people said they feel it's just a game. The stores News 8 checked were sold out of the game.
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Startling DNA evidence at murder trial
FORT WORTH, Texas (WFAA ABC 8) — A man charged with killing his pregnant ex-girlfriend and her 7-year-old son was not the unborn child's father, prosecutors told jurors during the defendant's capital murder trial Tuesday.
Stephen Barbee, 38, told police that he suffocated Lisa Underwood at her home because she had threatened to ruin his new marriage, Tarrant County prosecutor Kevin Rousseau said during opening statements.
Barbee told authorities he killed Jayden Underwood, her son from a previous relationship, after the boy walked into the room crying in the early morning hours of Feb. 19, 2005, Rousseau said.
If convicted, Barbee faces the death penalty.
Underwood, 34, co-owner of a Fort Worth bagel shop, was 7 months' pregnant when she died. While Underwood apparently believed Barbee was the father of her unborn daughter, DNA testing revealed that it was another man she had dated in 2004, Rousseau said.
Two days after Underwood and Jayden were reported missing after they didn't show up for her baby shower, Fort Worth detectives interviewed Barbee at the police station in Tyler, where he was doing work with his tree-trimming business.
Barbee was questioned early because Underwood's relatives thought he was the baby's father. The next day, he led them to the bodies in a shallow grave in Denton County, Rousseau said.
Dr. Marc Krouse, deputy chief of the Tarrant County Medical Examiner's Office, testified Tuesday that Underwood's right forearm was broken, her left eye was blackened and she was heavily bruised on her head and back, the Fort Worth Star-Telegram reported in its online edition Tuesday.
Holly Pils, Underwood's friend and business partner, testified that Barbee and Underwood dated in 2003 and then began seeing each other again in July 2004. Underwood was dating another man at the time and Pills described that man as Underwood's serious boyfriend, The Dallas Morning News reported in its online edition.
Underwood planned to name the baby Marleigh and had asked Barbee to put the infant on his insurance when she was born, Pils said.
Barbee's attorneys opted to wait to give their opening statement.
FORT WORTH, Texas (WFAA ABC 8) — A man charged with killing his pregnant ex-girlfriend and her 7-year-old son was not the unborn child's father, prosecutors told jurors during the defendant's capital murder trial Tuesday.
Stephen Barbee, 38, told police that he suffocated Lisa Underwood at her home because she had threatened to ruin his new marriage, Tarrant County prosecutor Kevin Rousseau said during opening statements.
Barbee told authorities he killed Jayden Underwood, her son from a previous relationship, after the boy walked into the room crying in the early morning hours of Feb. 19, 2005, Rousseau said.
If convicted, Barbee faces the death penalty.
Underwood, 34, co-owner of a Fort Worth bagel shop, was 7 months' pregnant when she died. While Underwood apparently believed Barbee was the father of her unborn daughter, DNA testing revealed that it was another man she had dated in 2004, Rousseau said.
Two days after Underwood and Jayden were reported missing after they didn't show up for her baby shower, Fort Worth detectives interviewed Barbee at the police station in Tyler, where he was doing work with his tree-trimming business.
Barbee was questioned early because Underwood's relatives thought he was the baby's father. The next day, he led them to the bodies in a shallow grave in Denton County, Rousseau said.
Dr. Marc Krouse, deputy chief of the Tarrant County Medical Examiner's Office, testified Tuesday that Underwood's right forearm was broken, her left eye was blackened and she was heavily bruised on her head and back, the Fort Worth Star-Telegram reported in its online edition Tuesday.
Holly Pils, Underwood's friend and business partner, testified that Barbee and Underwood dated in 2003 and then began seeing each other again in July 2004. Underwood was dating another man at the time and Pills described that man as Underwood's serious boyfriend, The Dallas Morning News reported in its online edition.
Underwood planned to name the baby Marleigh and had asked Barbee to put the infant on his insurance when she was born, Pils said.
Barbee's attorneys opted to wait to give their opening statement.
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City not standing pat on parking
Task force is key to Suhm's plan to collect millions in unpaid fines
By DAVE LEVINTHAL / The Dallas Morning News
DALLAS, Texas - Dallas City Manager Mary Suhm is launching a "multi-step plan of action" to reduce the city's backlog of nearly 1 million unpaid parking tickets while revamping a parking management system plagued by problems, according to a memorandum her office released Tuesday evening.
The memo comes two days after a report in The Dallas Morning News revealed that, as of November, parking scofflaws owed Dallas more than $40 million in fines dating to 1988.
Ms. Suhm's plan calls for:
• Creating a task force, led by Assistant City Manager Tommy Gonzalez and composed of senior-level employees, to conduct a "comprehensive overview" of city parking fine policies. The task force will work to develop a plan to make municipal employees, who accumulated more than 400 unpaid parking tickets while driving city vehicles, accountable for paying their fines, including disciplinary action and vehicle tracking.
• Faxing letters to companies that owe Dallas money from parking fines, "alerting them of our intent to aggressively pursue payment." As of November, 10 companies owed Dallas more than $30,000 in unpaid fines, according to The News' analysis of city parking ticket records.
• Consulting with Affiliated Computer Services, Dallas' parking management and payment collection contractor, "to assure that we are exhausting all avenues for collection."
• Reviewing collection procedures "to determine where we can find greater efficiencies."
Until The News' report, top City Council members said they were unaware such parking problems existed.
"The task force should go out and collect the $40 million we are owed in parking fines, including the money our own employees owe us," Mayor Laura Miller said of Ms. Suhm's plan.
"I'm pleased Mary Suhm got on it right away," said Linda Koop, the council's Transportation and Environment Committee chairwoman. "We need to see what's a reasonable expectation of what we can collect, and we need to set the bar high."
Said council member Ed Oakley, a Transportation and Environment Committee member: "We absolutely need a comprehensive policy, and we need to pursue this aggressively."
Ms. Koop said she expected the task force to report to her committee on April 10.
Mr. Gonzalez said he planned to recruit members of the city auditor and city attorney offices, among other departments, to serve on the task force. The business community's input will also be solicited, he said.
The task force will "look at the processes in place and improve the current system that will ultimately lead in a higher rate of return on tickets paid," Mr. Gonzalez said. Ms. Suhm also wrote in her memo that she believes contracting with Affiliated Computer Services last year will prove to be a good move. The company replaced the city of Inglewood, Calif., which had managed Dallas' parking fee and fine collection system.
"Their expertise in this area gives us the confidence that they can assist us in implementing actions that have borne fruit in other jurisdictions," Ms. Suhm wrote. While delivery and vehicle rental companies represent the most extreme cases of ticket payment truancy, The News' report indicated that the federal government, elected officials, news media groups and tens of thousands of residents also owed the city money.
Task force is key to Suhm's plan to collect millions in unpaid fines
By DAVE LEVINTHAL / The Dallas Morning News
DALLAS, Texas - Dallas City Manager Mary Suhm is launching a "multi-step plan of action" to reduce the city's backlog of nearly 1 million unpaid parking tickets while revamping a parking management system plagued by problems, according to a memorandum her office released Tuesday evening.
The memo comes two days after a report in The Dallas Morning News revealed that, as of November, parking scofflaws owed Dallas more than $40 million in fines dating to 1988.
Ms. Suhm's plan calls for:
• Creating a task force, led by Assistant City Manager Tommy Gonzalez and composed of senior-level employees, to conduct a "comprehensive overview" of city parking fine policies. The task force will work to develop a plan to make municipal employees, who accumulated more than 400 unpaid parking tickets while driving city vehicles, accountable for paying their fines, including disciplinary action and vehicle tracking.
• Faxing letters to companies that owe Dallas money from parking fines, "alerting them of our intent to aggressively pursue payment." As of November, 10 companies owed Dallas more than $30,000 in unpaid fines, according to The News' analysis of city parking ticket records.
• Consulting with Affiliated Computer Services, Dallas' parking management and payment collection contractor, "to assure that we are exhausting all avenues for collection."
• Reviewing collection procedures "to determine where we can find greater efficiencies."
Until The News' report, top City Council members said they were unaware such parking problems existed.
"The task force should go out and collect the $40 million we are owed in parking fines, including the money our own employees owe us," Mayor Laura Miller said of Ms. Suhm's plan.
"I'm pleased Mary Suhm got on it right away," said Linda Koop, the council's Transportation and Environment Committee chairwoman. "We need to see what's a reasonable expectation of what we can collect, and we need to set the bar high."
Said council member Ed Oakley, a Transportation and Environment Committee member: "We absolutely need a comprehensive policy, and we need to pursue this aggressively."
Ms. Koop said she expected the task force to report to her committee on April 10.
Mr. Gonzalez said he planned to recruit members of the city auditor and city attorney offices, among other departments, to serve on the task force. The business community's input will also be solicited, he said.
The task force will "look at the processes in place and improve the current system that will ultimately lead in a higher rate of return on tickets paid," Mr. Gonzalez said. Ms. Suhm also wrote in her memo that she believes contracting with Affiliated Computer Services last year will prove to be a good move. The company replaced the city of Inglewood, Calif., which had managed Dallas' parking fee and fine collection system.
"Their expertise in this area gives us the confidence that they can assist us in implementing actions that have borne fruit in other jurisdictions," Ms. Suhm wrote. While delivery and vehicle rental companies represent the most extreme cases of ticket payment truancy, The News' report indicated that the federal government, elected officials, news media groups and tens of thousands of residents also owed the city money.
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TexasStooge
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Closing arguments begin in Schlosser trial
By JENNIFER EMILY / The Dallas Morning News
MCKINNEY, Texas - Closing arguments began Wednesday morning in the trial of the Plano mother who allegedly cut off the arms of her 10-month-old daughter in November 2004.
Dena Schlosser, 37, faces capital murder charges but has pleaded not guilty by reason of insanity.
The prosecution told the jury those who testified Dena Schlosser was insane made up their minds about her sanity before they ever met her.
The defense then asked why the state didn't have their own psychiatrist examine Ms. Schlosser. Defense attorney Bill Schultz said it was because they would not be able to find anyone who disagreed with the three psychiatrists who testified for the defense.
David Self, one of those three psychiatrists, testified earlier that Schlosser told him she saw a TV report shortly before daughter Maggie's death about a lion maiming a boy. She thought that it signaled the biblical end of days and that God commanded her to cut off her daughter's arms, as well as her own arms, legs and head.
"This lady was in a delusional psychosis," Dr. Self said. "And believed – without a doubt – that she was following God's will."
Schlosser's minister Doyle Davidson, a self-proclaimed apostle and prophet, testified on the third day of the trial that he does not believe in mental illness and that those problems are "caused by demons."
Her husband, John Schlosser, has testified that before his daughter died, he did not understand mental illness. But now he sees he should have sought help, he has said.
By JENNIFER EMILY / The Dallas Morning News
MCKINNEY, Texas - Closing arguments began Wednesday morning in the trial of the Plano mother who allegedly cut off the arms of her 10-month-old daughter in November 2004.
Dena Schlosser, 37, faces capital murder charges but has pleaded not guilty by reason of insanity.
The prosecution told the jury those who testified Dena Schlosser was insane made up their minds about her sanity before they ever met her.
The defense then asked why the state didn't have their own psychiatrist examine Ms. Schlosser. Defense attorney Bill Schultz said it was because they would not be able to find anyone who disagreed with the three psychiatrists who testified for the defense.
David Self, one of those three psychiatrists, testified earlier that Schlosser told him she saw a TV report shortly before daughter Maggie's death about a lion maiming a boy. She thought that it signaled the biblical end of days and that God commanded her to cut off her daughter's arms, as well as her own arms, legs and head.
"This lady was in a delusional psychosis," Dr. Self said. "And believed – without a doubt – that she was following God's will."
Schlosser's minister Doyle Davidson, a self-proclaimed apostle and prophet, testified on the third day of the trial that he does not believe in mental illness and that those problems are "caused by demons."
Her husband, John Schlosser, has testified that before his daughter died, he did not understand mental illness. But now he sees he should have sought help, he has said.
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TexasStooge
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Five-alarm fire burns Dallas warehouse
DallasNews.com Staff
DALLAS, Texas - Firefighters battled a five-alarm blaze at a South Dallas warehouse Wednesday afternoon.
Dallas Fire-Rescue spokesperson Annette Ponce said a police officer first noticed smoke around 1 p.m. coming from the two-story brick building in the 2200 block of Cockrell Avenue south of downtown.
Ponce said the building is used as storage for sets and props used in movie and television productions. Many of those materials are combustible, which fueled the fire's rapid growth to five alarms, she said.
Scanner traffic indicated firefighters were forced to exit the building and take a defensive approach due to the severity of the blaze.
Though the fire generated a heavy amount of smoke, it was not visible from more than a few blocks away due to fog in the area.
Ponce said five ambulances were dispatched to the scene as a precaution, although no injuries were reported.
Dallas Morning News staff writer Holly Yan contributed to this report.
DallasNews.com Staff
DALLAS, Texas - Firefighters battled a five-alarm blaze at a South Dallas warehouse Wednesday afternoon.
Dallas Fire-Rescue spokesperson Annette Ponce said a police officer first noticed smoke around 1 p.m. coming from the two-story brick building in the 2200 block of Cockrell Avenue south of downtown.
Ponce said the building is used as storage for sets and props used in movie and television productions. Many of those materials are combustible, which fueled the fire's rapid growth to five alarms, she said.
Scanner traffic indicated firefighters were forced to exit the building and take a defensive approach due to the severity of the blaze.
Though the fire generated a heavy amount of smoke, it was not visible from more than a few blocks away due to fog in the area.
Ponce said five ambulances were dispatched to the scene as a precaution, although no injuries were reported.
Dallas Morning News staff writer Holly Yan contributed to this report.
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TexasStooge
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Jury considers Schlosser's fate
McKINNEY, Texas (WFAA ABC 8/AP) — Jurors began deliberations Wednesday in the murder trial of a woman who cut off her baby daughter's arms.
Dena Schlosser, 37, pleaded innocent by reason of insanity. The defense wants her committed to a state mental hospital but prosecutors are seeking a life sentence and urged the jury Wednesday to hold her accountable.
Before the case went to the jury, Assistant District Attorney Bill Dobiyanski pointed to a bloody knife in an evidence box and crime scene photographs.
"This gives you this," Dobiyanski said in his closing arguments, indicating first the large knife and then the photos.
Police found Schlosser soaked in blood, holding a knife and listening to a hymn while 10-month-old Margaret, known as Maggie, lay dying in her crib in November 2004.
Defense attorney Bill Schultz said the case comes down to whether Schlosser was aware the attack was wrong. Psychiatrists had testified that she didn't know right from wrong at the time.
"Maybe you've got to hate her from the evidence," Schultz said in his closing argument as Schlosser stood beside him awkwardly, staring straight ahead. "Maybe you want to somehow find her guilty of this offense. ... The only way for the system to work is for the jury to do the right thing and look at the evidence."
The prosecutor contended that the experts who provided that evidence were swayed by the heinousness of the crime and had assumed she must not have known right from wrong. He also said the defense improperly blamed Schlosser's husband, church, social workers and others for her actions.
"Were all these entities failing when Dena Schlosser walked into the kitchen, bypassed the small knife and chose the instrument of death?" he said as he brought out the knife.
McKINNEY, Texas (WFAA ABC 8/AP) — Jurors began deliberations Wednesday in the murder trial of a woman who cut off her baby daughter's arms.
Dena Schlosser, 37, pleaded innocent by reason of insanity. The defense wants her committed to a state mental hospital but prosecutors are seeking a life sentence and urged the jury Wednesday to hold her accountable.
Before the case went to the jury, Assistant District Attorney Bill Dobiyanski pointed to a bloody knife in an evidence box and crime scene photographs.
"This gives you this," Dobiyanski said in his closing arguments, indicating first the large knife and then the photos.
Police found Schlosser soaked in blood, holding a knife and listening to a hymn while 10-month-old Margaret, known as Maggie, lay dying in her crib in November 2004.
Defense attorney Bill Schultz said the case comes down to whether Schlosser was aware the attack was wrong. Psychiatrists had testified that she didn't know right from wrong at the time.
"Maybe you've got to hate her from the evidence," Schultz said in his closing argument as Schlosser stood beside him awkwardly, staring straight ahead. "Maybe you want to somehow find her guilty of this offense. ... The only way for the system to work is for the jury to do the right thing and look at the evidence."
The prosecutor contended that the experts who provided that evidence were swayed by the heinousness of the crime and had assumed she must not have known right from wrong. He also said the defense improperly blamed Schlosser's husband, church, social workers and others for her actions.
"Were all these entities failing when Dena Schlosser walked into the kitchen, bypassed the small knife and chose the instrument of death?" he said as he brought out the knife.
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TexasStooge
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Cell tower comes between neighbors
By KARIN KELLY / WFAA ABC 8
TARRANT COUNTY, Texas — As cell phone use goes up, more towers must go up to handle all those calls.
And while you may be accustomed to seeing those towers along roads and on the sides of commercial buildings, one southeast Tarrant County man is about to have one overlooking his backyard swimming pool.
Mark Hoster is learning that while life in the country for his family may offer peace and quiet, the view out back is about to take a drastic turn toward the heavens.
A 160-foot cell phone tower is about to go up in his neighbor's yard.
"It's not an impossibility that it can fall over and impact me," Hoster said. "My house; in the pool playing with the kids; mowing my yard or the pasture."
Surveyors have already placed stakes where the tower will stand, and Tarrant County officials are reviewing T-Mobile's application to issue a construction permit.
Hoster says his neighbor signed a 30-year lease with T-Mobile that will provide a $700 monthly income.
A T-Mobile spokesperson said there is very little chance that the monopole tower could fall. The company says the new antenna will improve service for the growing number of people who use cell phones at home.
There is a new state law that protects county residents from cell towers, but the law applies only to subdivisions with at least five homes.
"I'm one residential structure," Hoster said. "In essence, there's a loophole."
Good fences make good neighbors, but in southeast Tarrant County, at least one homeowner believes that cell towers can cause trouble.
By KARIN KELLY / WFAA ABC 8
TARRANT COUNTY, Texas — As cell phone use goes up, more towers must go up to handle all those calls.
And while you may be accustomed to seeing those towers along roads and on the sides of commercial buildings, one southeast Tarrant County man is about to have one overlooking his backyard swimming pool.
Mark Hoster is learning that while life in the country for his family may offer peace and quiet, the view out back is about to take a drastic turn toward the heavens.
A 160-foot cell phone tower is about to go up in his neighbor's yard.
"It's not an impossibility that it can fall over and impact me," Hoster said. "My house; in the pool playing with the kids; mowing my yard or the pasture."
Surveyors have already placed stakes where the tower will stand, and Tarrant County officials are reviewing T-Mobile's application to issue a construction permit.
Hoster says his neighbor signed a 30-year lease with T-Mobile that will provide a $700 monthly income.
A T-Mobile spokesperson said there is very little chance that the monopole tower could fall. The company says the new antenna will improve service for the growing number of people who use cell phones at home.
There is a new state law that protects county residents from cell towers, but the law applies only to subdivisions with at least five homes.
"I'm one residential structure," Hoster said. "In essence, there's a loophole."
Good fences make good neighbors, but in southeast Tarrant County, at least one homeowner believes that cell towers can cause trouble.
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TexasStooge
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DVD shows emotional Barbee, wife
By JEFF MOSIER / The Dallas Morning News
FORT WORTH, Texas - A sobbing Stephen Barbee admitted to his wife that he killed his pregnant ex-girlfriend in a DVD shown to jurors in his capital murder trial Wednesday afternoon.
"I'm going to die in prison," Mr. Barbee told his wife, Trish. "They are going to kill me."
Mr. Barbee, 38, is on trial for capital murder for the February 2005 killings of Lisa Underwood and her 7-year-old son Jayden. He could face the death penalty if convicted.
The recording was made in an interview room at Tyler Police headquarters, where Mr. Barbee was being questioned about the slayings.
Mr. Barbee and his wife were unaware at the time they were being recorded.
Mrs. Barbee sat on her husband's lap, crying and hugging him.
"God, Steve, was it worth it?' she asked. "It wasn't worth it, Steve."
Mr. Barbee told her that Ms. Underwood's death was an accident and begged her not to leave him. Mrs. Barbee later filed for a divorce, which became final earlier this year.
Before Mrs. Barbee entered the interview room, police had told her that her husband had admitted to killing Ms. Underwood but did not mention Jayden's death.
During the time they were together, he did not specifically mention the 7-year-old.
At one point he did say, "Them poor people."
Earlier Wednesday, a Fort Worth police detective testified that Mr. Barbee told police that he killed Ms. Underwood and Jayden because she said that he was the father of her unborn child.
Homicide detective Mike Carroll said that Mr. Barbee told him that he feared his new marriage would be destroyed if his name was on the birth certificate of Ms. Underwood's baby.
"She was going to ruin his family," Det. Carroll said, summarizing the confession."And he said that she was going to ruin him."
DNA testing introduced Tuesday showed that Mr. Barbee was not the father of the unborn child. Before her death, Ms. Underwood told friends and Mr. Barbee that he was probably the father, according to earlier testimony.
The oral confession detailed in Wednesday's testimony was made while Mr. Barbee and Det. Carroll talked in the men's room for about 45 minutes to an hour at the Tyler Police Department. Police had met Mr. Barbee in Tyler, where he had been working, to question him about the Underwoods' disappearance.
Mr. Barbee also told police that his friend and business partner Ron Dodd helped plan the killings. He also gave the detective detailed directions about how to find the shallow grave in southern Denton County where Ms. Underwood and Jayden were buried, Det. Carroll said.
By JEFF MOSIER / The Dallas Morning News
FORT WORTH, Texas - A sobbing Stephen Barbee admitted to his wife that he killed his pregnant ex-girlfriend in a DVD shown to jurors in his capital murder trial Wednesday afternoon.
"I'm going to die in prison," Mr. Barbee told his wife, Trish. "They are going to kill me."
Mr. Barbee, 38, is on trial for capital murder for the February 2005 killings of Lisa Underwood and her 7-year-old son Jayden. He could face the death penalty if convicted.
The recording was made in an interview room at Tyler Police headquarters, where Mr. Barbee was being questioned about the slayings.
Mr. Barbee and his wife were unaware at the time they were being recorded.
Mrs. Barbee sat on her husband's lap, crying and hugging him.
"God, Steve, was it worth it?' she asked. "It wasn't worth it, Steve."
Mr. Barbee told her that Ms. Underwood's death was an accident and begged her not to leave him. Mrs. Barbee later filed for a divorce, which became final earlier this year.
Before Mrs. Barbee entered the interview room, police had told her that her husband had admitted to killing Ms. Underwood but did not mention Jayden's death.
During the time they were together, he did not specifically mention the 7-year-old.
At one point he did say, "Them poor people."
Earlier Wednesday, a Fort Worth police detective testified that Mr. Barbee told police that he killed Ms. Underwood and Jayden because she said that he was the father of her unborn child.
Homicide detective Mike Carroll said that Mr. Barbee told him that he feared his new marriage would be destroyed if his name was on the birth certificate of Ms. Underwood's baby.
"She was going to ruin his family," Det. Carroll said, summarizing the confession."And he said that she was going to ruin him."
DNA testing introduced Tuesday showed that Mr. Barbee was not the father of the unborn child. Before her death, Ms. Underwood told friends and Mr. Barbee that he was probably the father, according to earlier testimony.
The oral confession detailed in Wednesday's testimony was made while Mr. Barbee and Det. Carroll talked in the men's room for about 45 minutes to an hour at the Tyler Police Department. Police had met Mr. Barbee in Tyler, where he had been working, to question him about the Underwoods' disappearance.
Mr. Barbee also told police that his friend and business partner Ron Dodd helped plan the killings. He also gave the detective detailed directions about how to find the shallow grave in southern Denton County where Ms. Underwood and Jayden were buried, Det. Carroll said.
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TexasStooge
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Fire official's harassment probe wrapping up
By DON WALL / WFAA ABC 8
DALLAS, Texas - The Dallas Fire-Rescue internal affairs investigation into alleged sexual harassment by Assistant Chief Roland Gamez is expected to wrap up Friday.
Sexual harassment allegations against another fire department employee, Jhonnie Ortiz, have proven to be unfounded, and she's returning to her job.
However, city officials said the Gamez investigation is a completely separate matter.
Through an open records request, News Eight obtained witness statements made against Gamez.
The witness reports included statements made to Dallas Fire-Rescue internal affairs Chief James Adams.
In one statement, a man who works in the 911 office claimed that Gamez, who heads the office, sexually harassed him by asking to kiss him on the lips.
The witness stated he told Gamez "to stop, that he didn't go that way."
Reportedly Gamez said, "If you were my wife I would kiss you on the lips."
Other statements alleged unwanted touching and rubbing.
The witness statements were released to News 8 by the city attorney's office.
"No, I'm not concerned at all," said Assistant City Manager Charles Daniels. "I think the documents you have are another part of the ongoing investigation, and what we will base our decision on is the internal affairs investigation."
More than 260 employees who work under Gamez have been interviewed.
"[The charges] are very serious in nature, and they are very damaging not only as a professional but also as a personal matter," said Lt. Joel Lavendar. "So, these are things we have to look at from the beginning to the end."
Gamez and his attorney are under a gag order not to talk about the continuing internal affairs investigation.
But sources close to Gamez said he is not homosexual and that the charges are contrived and constitute a conspiracy.
"The only good name that we are really trying to protect is the good name of the Dallas Fire-Rescue department," Lt. Lavendar said. "No one individual is more important than the department itself. On the other hand, we want to make sure that all of our employees, whenever they are accused of something, feel that they are getting a fair shake."
If the allegations prove to be unfounded, the assistant city manager said no action will be taken against the complainants. But if the charges prove to be true, then the assistant city manager and the fire chief will decide whether to demote Gamez or possibly fire him.
Until then, the allegations remain just that, allegations.
By DON WALL / WFAA ABC 8
DALLAS, Texas - The Dallas Fire-Rescue internal affairs investigation into alleged sexual harassment by Assistant Chief Roland Gamez is expected to wrap up Friday.
Sexual harassment allegations against another fire department employee, Jhonnie Ortiz, have proven to be unfounded, and she's returning to her job.
However, city officials said the Gamez investigation is a completely separate matter.
Through an open records request, News Eight obtained witness statements made against Gamez.
The witness reports included statements made to Dallas Fire-Rescue internal affairs Chief James Adams.
In one statement, a man who works in the 911 office claimed that Gamez, who heads the office, sexually harassed him by asking to kiss him on the lips.
The witness stated he told Gamez "to stop, that he didn't go that way."
Reportedly Gamez said, "If you were my wife I would kiss you on the lips."
Other statements alleged unwanted touching and rubbing.
The witness statements were released to News 8 by the city attorney's office.
"No, I'm not concerned at all," said Assistant City Manager Charles Daniels. "I think the documents you have are another part of the ongoing investigation, and what we will base our decision on is the internal affairs investigation."
More than 260 employees who work under Gamez have been interviewed.
"[The charges] are very serious in nature, and they are very damaging not only as a professional but also as a personal matter," said Lt. Joel Lavendar. "So, these are things we have to look at from the beginning to the end."
Gamez and his attorney are under a gag order not to talk about the continuing internal affairs investigation.
But sources close to Gamez said he is not homosexual and that the charges are contrived and constitute a conspiracy.
"The only good name that we are really trying to protect is the good name of the Dallas Fire-Rescue department," Lt. Lavendar said. "No one individual is more important than the department itself. On the other hand, we want to make sure that all of our employees, whenever they are accused of something, feel that they are getting a fair shake."
If the allegations prove to be unfounded, the assistant city manager said no action will be taken against the complainants. But if the charges prove to be true, then the assistant city manager and the fire chief will decide whether to demote Gamez or possibly fire him.
Until then, the allegations remain just that, allegations.
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