The Baytown Sun (Baytown, Tex.), Vol. 56, No. 184, Ed. 1 Friday, May 12, 1978 Page: 1 of 24
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M V VMr-
Attorneys Allege 19 Grounds Of Error In McManus Appeal Brief
iJWUSTWI jfe)_- Attorney* and McManusotbfr two at- Court last May 19 of capita) dictment violated his Sixth and M, 1977, and again renewed the states McManus' attorneys state Including that of Attorney Dick (unity to fully croei-examlne mntins the state's rhilte
Fourteenth Amendment rtfhU motion on March T. 1171, at the the court t erroneous overruliiw DeGuerin, Judge Felix Salaar William V. Achalll coocemlna
for Vernon Eugene McManus,
who was sentenced to death last
June for his part in the July M,
1*7*. murder of Baytown
electrical contractor Paul
Harvey Cantrell, have filed their
brief of his appeal of his convic-
tion in 179th District Court
Tb* N-page brief lists 19 alleg-
ed grounds of error in McManus'
(jpital murder trial, the jury
selection for that trial, and pre-
trial hearings on a change of
venue request
tomeys, Mark Vela and Stanley
C Schneider, expect to receive
the state's brief on the matter
during the next week. After the
defense attorneys receive the
state's brief, they have- two
weeks to respond to it before the
case goes to the Texas Court of
Criminal Appeals.
Smith said be expects a reply
from the appellate court by the
end of the summer.
McManus was found guilty by
ja jury in State District Judge
Court last May II of capita)
murder in connection with the
Cantrell death He was sentenc-
ed to death a month later and
has been imprisoned at the Ellis
Unit of the Texas Department of
Corrections since then.
The grounds of error listed in
McManus' brief include:
• The trial court erred in
overruling (McManus') motion
to quash the indictment, which
McManus claims did not ade-
quately and fairly inform him of
the offenses for which he was
- jrnTaa ra are g
Fourteenth Amendment rights
because the allegations contain-
ed in it were "vague, indefinite
and uncertain so as not to inform
him of the nature and cause of
the accusation against him
• The trial court erred in
failing to grant a charge of
venue on proper motion by
(McManus) when same was
(undisputed) by the state prior to
jury selection and the court
hearing evidence on the motion
The brief states McManus filed
mm, avsi) wins w^wm • "ww
motion on March T, lift, at the
beginning of jury selection for
his trial. The court refused (0
rule on the motion or hear
evidence concerning it and
proceeded with jury selection
After the first four prospective
jurors who were questioned ad-
mitted they had toped an opi-
nion concerning the case, based
on pre-trial publicity. McManus
reurged his motion for a change
of venue and the trial court
overruled the motion and ra-
the court # erroneous overruling
of the morion entitled him to a
change of venue as a matter of
law
• After hearing evidence, the
trial court abused its discretion
in denying his motion tor chaige
of venue after beirg presented
overwhelming evidence that
(McManus) could not obtain a
fair and Impartial trial in Harris
County , •
The brief cited the testimony
-----— - of several witnesses at a change
quest tor a hearing, the brief of venue hearing April II, 1177,
DeGuerin, Judge Felix Salaar
and Judge Jo Kagans. Each
testified he felt McManus
case.
• The trial court erred In not
allowing (McManus) an oppor-
tunity to fully cross-examine the
potential jurors concerning any
bias or prejudice resulting from
pre-trial publicity
• The trial court erred in not
allowing (McManus) an oppor-
William V. AchgiU concerning
any bias or prejudice resulting
from pre-trial publicity.
Achgtll was a prospective
|uror in the case, who stated p
the whole thing (case) Is just a on March 14, Blanchard notified
vague recollection to me,” whan “----* *" ---
questioned about his knowledge
of the case. McManus requested
that he be allowed to question _______ UII
AchgiU about the possible effects judge,' Blanchard was excused
muirill ntihllrilv mtetii Kim. 1___ .... «... ^
granting the state's challenge for
cause after a juror was sworn
and impanelled.
On March 11, 1177, Richard
Reid Blanchard was sworn in as
the second juror in the case, but
the court that he had some i__
vations concerning his service on
the jury.
After questioning by the
pre-trial publicity might have
had on him, but his request was
overruled. (
• The trial court erred in
for cause by the State and
McManus' objection was
overruled, the brief claims.
(See McMANUS, Page l-B)
The Baytowa Sub Invites
MR. AND MRS. RONALD G. FLOWERS
' * Baytown
To See
"THE CHOIRBOYS"
At The Brunson Theater
(This Pass Good Through May 8)
®1)e Pantoton £>tm
YOUR HOME
MORE THAN 60,000 READERS EVERY DAY
Volume 54, No. 114
Telephone Number: 4224302
Friday, May 12,1771
Baytown, Texas, 77J20
Fifteen Cents Far Capy
ors
CP Anniversary
BAYTOWN CEREBRAL Palsy
Treatment Center will celebrate
its 30th anniversary from 9 a.m.
to 4 p.m. Saturday at the center,
.1305 W. Sterling. Two puppet
shows apd music by Gary Brad-
ford and Deena Coon are
scheduled. . .. '*
Bike-a-Thon Funds
MAY 21 is tiie deadline for turn-
ing in pledge money for the re
cent Bike-a-thon sponsored by
the Baytown Branch of the
American Diabetes Association
and Baytown Kiwanians. More
than $6,200 has been pledged.
There were 92 riders who par-
ticipated.
Blood Mobile
THE BLOOD Mobile will be
stationed from 9 a.m. to 4 p.m.
Saturday at the comer of North
Main and Baker Road.
Band Concert _______
HORACE Mann bands will per-
form a concert at 3 p.m. Sunday
at Bicentennial Park.
Radio Show
ROSS STERLING agriculture
students will be featured on Jeff
Jeffries’ radio show between
5:30 and 6:30 a. m. Saturday on
Station KENR.
Weather
And Tides
FAIR AND wanner Friday
night and Saturday Is the
Baytowa area weather
forecast. Low expected Friday
night, low 70s; Ugh Saturday,
low $(fe. /
SATURDAY TIDES tor
waters fronting the City of
Baytown: High at 3:41 p.m.;
tow jft 7:63 a.m.
SUNRISE SATURDAY at 6:28
a.m.; sunset at 8:04 p.m.
TAKING IT EASY
THIS IS THE time of year when folks of all shapes and sizes begin to stir more outdoors, and the ac-
tivities are endless. Sometimes it feds good just to get outside and do things generally regarded is
indoor sports... like reading. Mrs. Don Morgan of 703 Riverbend enjoys the sunshine and a good
book and the fine company of Shawn Morgan, 3. (Sun staff photo by Glenn Folkes)
AROUND
1,166 Delegates Expected
Here For Democratic Meet
t By WANDA ORTON _ leader who was District 13 secretary two years
The Democrats are coming to town! ago, told The Sun he did not know if the conser-
Some 1,166 Democrat delegates to the vatjves would have enough votes to challenge
Senatorial, District 13 convention will gather Hurt. ---------
10 a-m^Satorday at Robert E. Lee High r s. “Dick” Manne, a Baytown liberal, was
School Auditorium. elected permanent chairman at the district con-
W. O. Tidmon of Baytown, District 13
secretary, is in charge of arrangements for the
meeting. District 13 chairman is Darrell Hurt of
Deer Park.
The first item of business after Hurt calls the
convention to order will be the election of a per-
manent chairman to preside at the meeting.
“The permanent chairman runs the show,”
Tidmon explained.
The big "question mark" is whether conser-
vative delegates will run a candidate against
Hurt for the permanent chairmanship,
J. Rodger Read of Baytown, a conservative
, RUTH FORD wants to start a
' running club. . . Christina Bed-
narski delivers a message.
Jean Kinsey does not realize her
own strength. .. Hawfi Lewis
enjoys a tennis game. Gary
, Gray really moves on the
court. . .Eda Donnelly is enter-
tained on her 88th birthday at
* . the home of Mr. and Mrs
Charles Donnelly.
John David, principal of Drew
Junior High, thank friends for
their sympathy . . . Elsie Lur
* quette has an unusual pet.
Shana Herrill smiles from the
... cockpit of a 747 in the national
i j Civil Air Patrol News ...
Charles Elliot ready tor trip to
Cbtorado Springs . . . Shelby
and Arthur Wide almost ready
for the falg move-in.
vention here two years ago. “The fact I ran un-
opposed then reflects a significant change in
District, 13," Manne said.
Manne will be a delegate at the Saturday con-
vention but does not plan to seek the permanent
chairmanship. "The reason I’m not running is
that I'm on Darrell Hurt’s side," he said.
Read believes District 13 is still conservative
far as the people are concerned. He said, “If you
took a poll, I believe you’d fin^ 60 to 70 percent
of the people consider themselves moderate
(See DELEGATES, Page l-B)'
Officials Here Brought Up To Date -
Progress On Highway
Work Seen In Summer
By MURIEL SCOTT
Significant progress in area rile Highway 346 bridge over (he
highway projects is expected this
summer, State Department of
Highways and Public Transpor-
tation officials said Thursday in
a meeting with Baytown area of-
ficials
Contracts are expected to be
let on construction of Spur 55
and part of Loop 201 In August
In about two months, a con-
tract with an engineering firm to
develop studies and secure per-
Four Bits,
Not A Dollar,
They Holler
PORT WORTH (AP)-The
2nd Court of Civil Appeals
Tkarsday upheld a Jury's
award of only 50 cents for a
Tarrant County woman in-
jured In a 1175 traffic accident
Marianne Thompson had
aued for $8,NO for "phyiicai
pain and mental anguish” in
her accident with Arthur
Derwood Rowell. A judge had
ruled ibe was injured in the ac-
cident bat left It to a Jury to
decide the extent ’
The Jury ruled ihe was due
only fl for physical pain and
mental anguiih raftered la the
accident But it alio raid she
wu half to blame for the acci-
dent end therefore entitled to
only half the dollar, plus court
costs.
Ms. Thompson had contend-
ed the collision aggravated in-
juries she had suffered 12 days
earlier in another accident.
Free Surety For Crosby
School Personnel Sought
By CINDY HORSWELL
CROSBY (Sp) — Signaling a
significant - shift in
policy—Acting Supt. John
Canady will recommend the dis-
trict pay for health and life in-
surance for its employees for the
first time.
He trill make the proposal to
the school board at 7:30 p.m.
Monday.
"Paying toe insurance
premiums for our IN employees
will help us attract better
applicants," he explained
“We’ll be in a more competitive
position when compared
other districts.”
Inside
The SuH
The insurance proposal would
cost approximately $64,374.
Canady will suggest the board
to pick up the tab for the entire
package, although they have the
option of paying for only a
percentage of it.
Canady indicated the beat
iverage "for the money” would
be with the Texas Associate* of
Community Schools
which is underwritten by Lin-
(See CROSBY, Page 64)
New Baytown
Tax Board To
Meet June l
The city’s 1978 Board of
Equalization will meet at 5 p. m.
June 1 with one new member,
Mrs. Dot Vidrine.
Mrs. Vidrine was appointed to
mits for construction of a high-
Houston Ship Channel Is ex-
pected to be signed.
Omer Poorman, District 12
engineer in Houston; Allen
engineer in charge of Baytown
area projects; and Franklin
Young, District 20 engineer in
Beaumont, briefed officials at a
meeting sponsored by the
Baytown Chamber of Commerce
Highway Committee. ‘.
Poorman brought the group parted to begin tola fall. Cost Is to expedite vehicle movement
up to date on seven! major road estimated at $9 2 million
projects In the area
Construction of Spur 56 from
State Highway 146 a distance of
5 of a mile to Tri-City Beach
Ranft, supervising resident Road it expected to begin soon
after the contract! are let In
August, Poorman said. That
WW b [studies on the high-rise
Construction of Loop 201 from
Spur 330, a distance of 2.9 mliei
In February, 1970, contracts
are expected to be let for widen-
Road .7 of a mile to Wooster-
Cedar Bayou for a cost of about
$500,000.
Poorman said
replace the Baytown-Ls
Tunnel may take four to five
years, and In the meantime, the
WV) ■ UUMIIV.C Ul *.« IIIIIBB /vrasw, uuu an vsiv nivuiiuiiic, ure
to McKinney Road, Is also ex- state is trying to develop a way
Right-Of-Way Problems -
-V-
Fonteno Asking For Help
On Work For Garth Road
through the tunnel.
Contracts to construct the
bridge are expected to be let In
Precinct 2 Commissioner Jim Fonteno said
he ji.not too happy about the situation with
Garth Road and appealed to area offidala to
help him.
The county plans to widen Garth from Baker
Road to Interstate 10, but cannot start construc-
tion because 11 landowners have rejected the
county’s offer to purchase right-of-way.
Speaking Thursday at a meeting sponsored by
the Baytown Chamber of Commerce Highway
Committee, Fonteno laid if the owners would
a right-of-entry agreement, the county
Ing Bayway Drive from Crow four to five yean, with comple-
_ ' tion another four or five yean
altar that.
Commercial vehicles traveling
through the tunnel are now be-
to ing stopped and Inspected to en-
force existing regulations
prohibiting certain material*
from being transported through
the tunnel.
Also, officials are considering
giving preference to vehicles
with several paaiengera,
Poorman said *
Poorman said his office is also
working on the question of
jurisdiction at the tunnel, so only
one law enforcement agency
would be responsible tor enforc-
ing traffic regulations in toe
area.
Poorman praised the group
tor its efforts In securing
approval of construction of the
county in court until they received the payment
they want for the right-of-way.
Without a right-of-entry agreement, construc-
tion on Garth Road could be delayed another
year, escalating costs even more, Fonteno said.
"I’m here asking for help on this. If people
know what they could do by letting us have the
right-of-entry, I’m,sure they would glve.it to
us,” Fonteno said,
Fonteno asked that anyone knowing the
owners speak with them and explain the impor-
high-rlse bridge. "If you people
itiitln and made
^ a a ^ V ' vvuasa/ UWIICIS WIUI IWIII WHJ CXpiiWl UIC irnpOT-
could let contracts on the work and begin con- tance of signing a right-of-entry agreement, to
straction. tax money could be saved and Garth Road could
The owners would retain the right to fight the be improved.'
Downtown Merchants Tell
Gty: Keep Planter Boxes
Baytown City Council Thurs-
day night received a petition
from downtown Texas Avenue
merchants asking toe city to
keep the planter boxes.
The petition, signed by 20
business people, said, “We want
the planters to stay as they are.
We think they are pretty and we
would not gain any more parking
spaces by removing them."
Councilman Ted Kloesel had
asked the council to consider
removing them, saying he had
heard complaints about
planters obscuring toe view for
motorists.
Kloesel also wanted to look
into toe possibility of chan|
parking from angle to pan
parking on downtown Texas
Avenue. 17111 would not reduce
the number of parking spaces
drastically, he added.
He asked toe council’s traffic
committee to consider both to
items - removal of the boxes
and a change to parallel parking.
Mayor Emmett O. Hutto felt
the main problems about lack of
parking were caused by store
employees using toe downtown
parking spaces. "It's encurr
for managers of these et- pi
tablishments to have places for
(See PETITION, Page f-B)
Baytown City Council. Two
members reappointed were
Lamar Kelley and Alvin Miles.
Mis. Vidrine will replace
Charley Walker.
The council also named four
citizens to serve on the Baytown
Planning Commission. They are
Hank Tarski, Mrs. Jackie Dunn,
Leon Cox Jr. and Perry Walker.
Planning Cororoisrioifteri
whose terms have expired are
Leonard Stasney, Gary Armer,
DottieTickner and Don Riddick.
New District 4 Councilman
Jimmy Johnson was named to
~ the traffic committee to succeed
E. C. “Jack” Kimmons
Council ‘Ships’ Marina
Study Off To Parks Panel
The city’s marina study is be., discussed toe economic
feasibility of a public marina
with the council in a work sea-
’docked” temporarily in toe
parks and recreation depart-
ment, pending a recommenda- sion before Thursday night's
FM-THOw
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RAYTOWN MOTORS
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RAYTOWN MOTORS MC.
msirnU 184161
tioo from the Parks and Recrea-
tion Advisory Board
Baytown City Council Thurs-
day night rated to accept toe
study and refer toe matter to
the parks and recreation
department. Bobby Rountree,
director of toe department, told
Ihe tom he will call a special
meeting of toe advisory board
next week' and
recoromendstkiB from the board
by toe council’s next regular
meeting May».
Dr. Billy Ingram, consultant
from Texas AiM University,
and Petty Greenspan Jr., eon-
regular meeting. A film
shown to illustrate the economic
impact a marina has on a com-
munity.
A proposed site tor toe marina
is in the vicinity of Bayland Park
off Highway 146 and Baytown-La
Porte Tunnel.
"We definitely
the feasibility of a marina in
Baytown,” Dr. Ingram told toe
council. She pointed out there
are many boat owners In this
area and a big demand for boat
slips.
To break even, toe city would
need to install at least IS boat
slips. Dr. Ingram said she would
like to see from 500 to 600 boat
slips in a public marina here,
and these could be installed hi
phases.
Greenspan
an option on toe
had not gone to Austin i
your pitch for a bridge, we’d still
be sitting here with Just a
tunnel," he said.
Poorman raid $12.7 million in
projects are under construction
In the area. They are:
+ Resurfacing Interstate 10
from Wayside Drive to Cedar
Bayou, lids project is 41 per-
cent complete.
4- Construction of Loop SI
from Arizona Street to Spur 330,
84 percent complete.
4- Construction of Spur 330
from Loop SI to Girth Road, 70
percent complete.
Construction on Interstate 10
East is ahead of schedule,
Poorman said, but It Is not ex-
pected to be completed for
another four or five years.
When completed, there will be
six to eight lanes from Houston
the San Jacinto River.
Poorman said Interstate 10
East was not built to the stan-
dards of other freeways in the
"It was built to interim
standards to hold us until we
could get back to it,” he said.
Poorman said toe state i$
'tanning to improve stgnalixa-
tion at Spur 330 at Fairway, Sin
Jacinto and Baker.
Under the federal program,
signalization will be improved at .
Bob Smith and North Main;
Pruett and William; Harold and
North Main; Stewart and North
Main; James and North Main;
Hines, William and North Main;
(See WORK, Page 4-B)
Pearce Street Journal - -
Accuracy Doubted?
Faber-Casteel Corp. of New-
ark must be pessimistic aboat
your aad oar acevaey.
This New Jersey outfit ii
news
as
bought !•<
to be acquired for toe marina
and the purchase would be sub-
ject to the engineering
tf.Vjs.
ef.
' ■* ‘
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Brown, Leon. The Baytown Sun (Baytown, Tex.), Vol. 56, No. 184, Ed. 1 Friday, May 12, 1978, newspaper, May 12, 1978; Baytown, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1075235/m1/1/?rotate=180: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Sterling Municipal Library.