Denton Record-Chronicle (Denton, Tex.), Vol. 112, No. 052, Ed. 1 Wednesday, September 23, 2015 Page: 1 of 28
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ALSO INSIDE
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Vol. 112, No. 52 / 28 pages, 3 sections
Wednesday, September 23, 2015
One dollar
Denton, Texas
Justices inquire about Howard case to state
trict attorney for the appeals division, the Court of Appeals,
argued that the state intentionally
amended the wording on the indict-
ment as part of a trial strategy.
Dauphinot questioned Simmons the theory urged by the State on this ap-
and asked whether they were trying to peal; that is, that the prosecution may
confuse people in their strategy.
Simmons told the court “nobody ev-
er thought Howard shot his wife” and er offense,” according to Gladden’s writ-
continued to stress the strategy is based ten brief submitted to the Court of Ap-
on a “party liability theory.”
“When drafting indictments, you
commit capital mur-
der and paying nu-
merous people to kill
Nancy Howard, his
wife of 30 years
Richard Gladden,
a Denton defense at-
torney hired to argue
the appeal, told the
court that “for reasons I just don’t un-
derstand,” the state amended Howard’s
indictment weeks before the trial to al-
lege their client “personally shot his
wife.”
said, also alleged their client received
“remuneration or the promise of remu-
neration” for the shooting of Nancy
Howard.
Throughout the three-week trial last
year, the state argued Howard paid
multiple individuals to shoot the moth-
er of his three children, as well as letting
the jurors know he was not in the state
when Nancy Howard was shot in the
garage of their Carrollton home.
Michael Lee Lorence, 39, was sen-
tenced to 60 years in prison last month
in McFarling’s court for shooting Nancy
Howard with a firearm.
Nancy Howard suffered serious in-
juries as the result of the shooting, in-
cluding the loss of her left eye.
Andrea Simmons, an assistant dis-
By Megan Gray-Hatfield
Staff Writer
mgray @ dentonrc.com
Second Court of Appeals justices
questioned the state Tuesday about
how they handled the case of John
Franklin Howard, who was convicted
last year for plotting to kill his wife.
Justices Lee Ann Dauphinot, Lee
Gabriel and Sue Walker heard oral ar-
guments during the appeal proceedings
for Howard, 55, during a traveling court
inside the Commissioners Courtroom
at the Courthouse on the Square in
downtown Denton.
Howard was convicted before
362nd District Court Judge Bruce
McFarling in August 2014 by a Denton
County jury on charges of plotting to
“In Planter vs. State, 9 S.W.3d 156
(Tex.CrimApp. 1999), the Court of
Criminal Appeals directly disapproved
allege one offense in its indictment and
thereafter convict a defendant of anoth-
Howard
peals.
In the nearly filled courtroom, which
have to take the language from the stat- included members of Howard’s family,
ute,” Simmons said during questioning Gladden said double jeopardy would
prohibit a new trial for attempted mur-
Gladden continually referenced a der and asked for the acquittal of all
former judgment during his argu- charges against their client to be granted.
ment Wednesday, the same appeal -
that was in his written brief filed with See HOWARD on 15A
from the visiting justices.
Howard’s trial attorneys, Ricky Per-
ritt and Jerry Cobb, also were present
for the argument, sitting alongside
Gladden.
The amended indictment, Gladden
TODAY
IN DENTON
Horn’s
words fuel
monument
discussion
*
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N.
*'
REGISTER
VOTE *
■
Fall begins — still
warm
High: 92
Low: 71
Three-day forecast, 2A
★ TO
By Christian McPhate
Staff Writer
dmcphate @ dentonrc.com
Denton County Judge Mary Horn
planned to address local Denton activist
Willie Hudspeth on Tuesday morning at
the Denton County Commissioner’s
Court meeting, according to an email
obtained by the Denton Record-Chron-
icle.
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Houston woman
detained by Chinese
government on
suspicion of spying,
stealing state secrets.
Page 3A
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See video/DentonRC.com
Horn planned to discuss the Confed-
erate monument and the rediscovered
“Old Slave Cemetery” southwest of Pilot
Point, both of which Hudspeth has been
addressing in Commissioners Court
over the past several weeks.
Hudspeth has asked commissioners
to put the Confederate monument on
the agenda for discussion and has ad-
monished them for losing track of the
cemetery, which is long forgotten and
overgrown with brush and trees.
At Tuesday’s meeting, Horn decided
not to read her prepared statement but
instead provided copies of it for people
to take home to read.
It’s unclear why she decided not to
read the statement.
In front of the Courthouse on the
Square since 1918, the Confederate mon-
ument has been the center of attention
in Denton since the racially motivated
shooting of nine people in South Caroli-
na on June 17.
After the shooting, Hudspeth began
Kristen Watson/DRC
Julie Leuzinger, right, political science librarian at the University of North Texas and vice president of community rela-
tions of the local chapter of the League of Women Voters, helps students fill out voter registration cards in the lobby of
UNT’s Kerr Hall on Tuesday during National Voter Registration Day.
NATIONAL
9
Mom
*
A valuable service
i
Volkswagen AG’s smog-
test scandal escalated
Tuesday as the company
acknowledged putting
stealth software in
millions of vehicles
worldwide. The crisis
has already cost VW
more than $26 billion in
market value.
formation prevents students from vot-
ing.
Volunteers register
student voters at UNT
View slideshow/DentonRC.com
“I did get a lot of questions today
about ‘I didn’t even know how to register
to vote, and I’m so glad you’re here,”’
Leuzinger said. “That is another reason
why I do the voter registration, is that it
does remove another barrier for the stu-
the upcoming election year.
Julie Leuzinger, political science li-
brarian at UNT and vice president of
community relations for the local
League of Women Voters chapter, regis-
tered 128 student voters between 10 a.m.
By Julian Gill and Rhiannon Saegert
Staff Writers
jgill @ dentonrc. com
rsaegert@dentonrc.com
For National Voter Registration Day,
the Denton chapter of the League of and 2 p.m. — some first-timers, some
Women Voters helped University of with new addresses.
North Texas students get registered for
dents.
'People don’t know how to vote,
Page 12A
She said that sometimes, a lack of in-
See VOTERS on 15A
See HORN on 15A
INTERNATIONAL
Police net 10 for gambling
European Union min-
isters agreed Tuesday to
relocate 120,000
refugees among the bloc
to ease the strains on
front-line nations.
Leaky line
An affidavit for Gulley’s arrest states
Anthony Corbin, 46, told police Gulley
would call and disclose the location of
By Megan Gray-Hatfield
Staff Writer
mgray @ dentonrc.com
Ten men were arrested in connection
the game to those interested in partici-
Page 13A
with a game of craps this past weekend at pating.
an apartment in the 1600 block of Village
East Drive, Denton police said.
Donald Ray Gulley, 55, was arrested on
Grelle said it’s illegal to gamble in Tex-
FIND IT INSIDE
as.
Corbin also told police that Gulley gets
a charge of promotion of gambling — a a portion of the winnings when someone
Class B misdemeanor — early Saturday rolls a 6 or an 8, the affidavit states,
morning after police showed up to an
apartment where an alleged home inva- claims that Gulley got a cut of the win-
sion robbery was taking place, according nings, police reports state,
to Denton police.
Details on the robbery are not being re- belonged to his sister-in-law. Reports state
leased because the investigation is active, she wasn’t at the apartment during the ar-
said Officer Ryan Grelle, spokesman for rest.
Denton police.
While police were talking to detained ment, police observed firearms, money
individuals inside the apartment where and a gambling table in plain view, ac-
the alleged robbery took place, they cording to Gulley’s arrest affidavit.
Grelle said nine people were arrested
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CLASSIFIED
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COMICS
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Jamal Smith, 31, supported Corbin’s
CROSSWORDS
FOCUS ON EDUCATION 4A-5A
6C
DEAR ABBY
15A
DEATHS
Gulley told police the apartment
14A
OPINION
“V
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SPORTS
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TELEVISION
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2A
WEATHER
David Minton/DRC
Workers from Atmos Energy dig to repair a leak in a 2-inch gas line in
the 2300 block of Colorado Boulevard near Golden Triangle Mall on
Tuesday. The Denton Fire Department responded at 11:32 a.m. and
cleared the scene at 2:40 p.m. after Atmos crews stopped the leak and
began repairs. No injuries were reported, according to fire officials.
During a “safety sweep” of the apart-
learned a game of craps had been taking
place prior to the alleged robbery, accord-
ing to police records.
See GAMBLING on 15A
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Parks, Scott K. Denton Record-Chronicle (Denton, Tex.), Vol. 112, No. 052, Ed. 1 Wednesday, September 23, 2015, newspaper, September 23, 2015; Denton, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1125045/m1/1/: accessed July 9, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .