Polk County Enterprise (Livingston, Tex.), Vol. 120, No. 18, Ed. 1 Sunday, March 3, 2002 Page: 1 of 56
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_ _ 4
Voters'
Guide
Inside
Volume 120Numberl8
The Dominant News and Advertising Source in Polk County
Sunday
March 3, 2002
UPS 437-340 Price; 50 cents
County's jobless rate rises
LIVINGSTON - Alter hilling re-
cord low levels during the latter
part of last year, Polk County's
unemployment rate shot up 1.4
percent to 6.0 percent in January,
according to figures released Feb.
22 by the Texas Workforce Com-
mission.
Unemployment rose throughout
Deep East Texas during the month.
Statewide, the rate remained un-
changed at 5.7 percent for the sec-
ond consecutive month.
Polk County’s 6.0 percent rate
represents 874 persons unemployed
out of a labor force of 14,600.
Despite January's gain, Polk
County recorded the fifth lowest
rate among the 12 member counties
of the Deep East Texas Council of
Governments (DETCOG). Houston
County recorded the lowest rate-in
the DETCOG area, 3.7 percent,
followed by Nacogdoches County
with 3.8 percent, San Jacinto
County with 4.2 percent and Trinity
County with 5.3 percent. Newton
County’s 12.2 percent rate was the
highest recorded in the 12-county
area.
"Though January marks just the
second month since February 2001
that Texas' unemployment did not
rise, it may be too early to tell if
we've actually begun to turn the
corner yet," said TWC Chair Diane
Rath. “Howcvei, the first monthly
gain of nonfarm jobs since August
2001 is definitely an encouraging
sign.
According to newly revised fig-
ures. total nonagricultural employ-
ment grew by 14.300 jobs in Janu-
ary.
“Mining, which in Texas is
dominated by oil and gas extrac-
tion, added 700 jobs in January and
also showed the largest annual gain
of any major industry with a 4.8
percent growth rale," said Commis-
sioner for Labor T.P. O’Mahoney.
"'Flits is certainly positive news, but
I continue to remain concerned
about some ol our major industries
which continue to struggle, such as
airlines and other travel-related
See JOBLESS pg. 2A
tnlE-nrKi9t rnuiu ■ i uvwvn mvahnvo
MAKING THE BEST OF IT -Four-year-old Kaitlin Atkins, braving Friday’s downpours to
accompany her mom on some errands in downtown Livingston, found a silver lining in all the
clouds. There’s nothing like a Pokemon umbrella to help brighten up an otherwise dreary day.
Chamber to host hoedown
LIVINGSTON - The Polk
County Chamber of Commerce is
hosting an old-fashioned Western
Hoedown at 6:30 p.m. Thursday at
the VFW Hall on Hwy. 59 North in
Livingston and everyone is invited.
Walter Plant will provide the en-
tertainment and there will also be a
silent auction.
Tickets are $10 per person and
are available from any chamber
board member, Ambassador or at
the chamber office.
Chamber officials will also hold
stock certificate drawings for $250,
$500, $750, $1,000, $2,500 and
$10,000.
Stock certificates also may be
purchased from any chamber board
member, Ambassador or at the
chamber office.
Child perishes in fire
KNTFR I’RISK PHOTO BY GORDON UHARRON
FATAL FIRE - Mark Cheney and James Gunter of the State Fire Marshal’s Office and canine
unit “Candy” survey the remains of a mobile home in North Glen subdivision that burned
Wednesday, claiming the life of a 4-year-old boy. While the exact cause of the fire has not
been determined, officials suspect it may have started in the vicinity of a space heater.
LIVINGSTON - Despite his fa-
ther’s frantic efforts to save him, a
4-year-old boy died Wednesday
when his family's mobile home
went up in flames
The fire was reported at 1:17
p.m. Polk County Sheriffs De-
partment Ll. Craig Finnegan was
among the first to arrive on the
scene and said the mobile home,
located in North Glen subdivision
off U S. 59 North, was completely
engulfed in flames. Trapped inside
was 4-year-old Dustin Lee Brewer.
Dustin, his father, Archie Lee
Brewer, and his father's girlfriend,
Laura Topham, were all asleep
inside the trailer when the fire be-
gan, Finnegan said. The child was
reportedly on the couch in the liv-
ing room, with the others in the
bedroom.
Archie Brewer was awakened by
(he fire and ran into the living
room, but was unable to locate his
son, according to the lieutenant.
Mr. Brewer sustained burns to his
face, chest and back when his
clothes caught fire, but he managed
to escape. He was checked by
emergency medical personnel at the
Competency hearing may be in future
By EMILY BANKS
News Editor
LIVINGSTON A hearing to
determine whether or- not he is
competent to stand trial may be in
the future loi 45-year-old Johnny
Paul Penry after all.
Twice convicted and sentenced
to death for the 1777 rape and mur-
der of 22-ye.n old Pamela Moseley
Carpenter, Pcnry's death sentence
was overturned by the U S. Su-
preme Court in June 2001 in a 6-3
ruling.
The court held that instructions
given by the judge in Pcnry’s 1990
trial failed to give the jury an ade-
quate opportunity to consider
circumstances such as his alleged
mental disabilities, violating the
eighth amendment, which prohibits
cruel and unusual punishment.
The state is preparing to prose-
cute Penry in what will be his third
capital murder punishment trial. It
is scheduled to begin April I in
Montgomery County on a change
of venue granted by State District
Judge Elizabeth Coker on Feb. 21.
A pre-trial hearing was held
Thursday in Groveton to hear the
state’s motion for re-hearing previ-
ous trial motions
However, only one of Pcnry’s six
attorneys showed up for the hearing
and it appeared there was some sort
of a breakdown in communication
among all the attorneys, as State
District Judge Elizabeth Coker in-
structed them all to meet in Iter
chambers before the hearing could
proceed.
Although no rulings were made
Thursday, it appears that April 1
may be the first day of a compe-
tency hearing rather than the capital
murder punishment trial.
Other pre-trial hearings arc slated
for March 11 and March 25.
History of case
Having delivered an appliance to
liei house two weeks earlier, IVm .
arrived at Carpenter’s Livingston
home Oct. 25. 1979 under the piv
tense of making sure the appliance
worked
lie forced i is way into the house
with an open pocketkmfc and held
it to Carpenter’s throat. While the
two struggled, she managed to grab
a pair of scissors she’d been using
to make Halloween costumes and
stabbed him with them.
He then dragged her into a bed-
room where he raped her and
stabbed her in the chest with the
scissors before fleeing.
After pulling the scissors from
her chest, Carpenter managed to
call a friend on the telephone who
called for police and an ambulance.
Carpenter also gave a description
of her attacker before dying in the
local emergency room.
In January of 1980 the ease was
moved to Trinity County on a
change of venue. A competency
healing was held in March 1980
and a I unity County jury found
l.’enry competent to stand tiini. He
was -convicted and sentenced to
de.uh following the April 1980
!| l,ll.
Pcnry’s case first gained national
attention in 1989 when the U.S.
Supreme Court overturned his sen-
tence, ruling that Texas law had not
allowed the jury to fully consider
Ins alleged mental handicap as
Contract
extended
ONALASKA The Board of
Trustees of the Onalaska Independ-
ent School District met in a special
called session Friday.
Flic board approved extending
the existing contract with Ronald
Hodge Logging to include addi-
tional acreage to be cleared at the
high school site at a rate of $400 an
acre, not to exceed 30 additional
acres.
Referendum on ballot
LIVINGSTON - In addition to
selecting candidates, those voting
in the Republican Primary election
on March 12 will also find a refer-
endum on the ballot.
Voters will he asked to vote “for"
or “against" the following referen-
dum: “Legislation should be passed
(hat protects both individual and
corporate public religious speech,
on or off school property, and pro-
tects any person from being re-
quired to join in prayer or religious
activities."
The referendum was inadver-
tently deleted from the sample bal-
lot on the back page of the Voter’s
Guide in this issue.
scene, but was distraught and re-
fused ambulance transport to the
hospital, Finnegan said Topham
was able to escape through a back
door in the residence
Dustin was pronounced dead at
the scene by Precinct I Justice of
the Peace Darrell Longino
Investigators from the Slate Fire
Marshal's office were called Al-
though the investigation is continu-
ing and the exact cause is undeter-
mined, Finnegan said the fire pos-
sibly started in the vicinity of an
electnc space heater
Three trucks and 12 firefighters
from the Livingston VFD and two
trucks and six firefighters from Che
Indian Reservation VFD responded
to fight the fire, but were unable to
save the child or the mobile home,
which was completely engulfed and
quickly destroyed by the flames
Graveside funeral services for
Dustin were held Saturday from
Oates Cemetery in Leggett.
mitigating evidence.
The decision led to a landmark
change in Texas’ death -penalty
statute, resulting from the U.S. Su-
preme Court’s 5-4 ruling that juries
must be allowed to consider miti-
gating evidence when deciding
whether a defendant should be sen-
tenced to death or life imprison-
ment.
Following a venue change to
Walker County, a competency
hearing was held in May 1990 and
a Walker County jury found Penry
competent to stand trial.
He was convicted a second time
See MORE pg. 2A
Numerous ways to vote early -
at rallies, other voting locations
LIVINGSTON - Early voting for the March 12 primary elections
began Monday and as of 5 p.m. Thursday, 177 people had voted by
personal appearance in the Democratic Primary and 51 people had voted
by personal appearance in the Republican Primary.
Additionally, four people had voted by mail in the Democratic Primary
and eight people had voted by mail in the Republican Primary.
Early votingwill run through Friday.
Winners in the respective primary elections will face off in the
November general election.
Voting rallies planned
An early voting celebration and feast is slated for 11 a m. to 7 p.m.
Monday at the Dunbar Community Center, with County Clerk Barbara
Middleton conducting mobile early voting.
The public is invited to attend and vote early, as the event is open to all
parties, precincts and boxes.
A highlight of the event will be a free fish fry for everyone and music
and entertainment provided by Walter Plant. •
To vote early Monday at the Dunbar Community Center, individuals
should bring their voter registration card or another form of identification
such as a driver’s license, Medicaid card. Medicare card or insurance
card.
A similar event is planned for 1 -7 p.m. Tuesday in the conference room
at Goodrich ISD.
Again, the event is open to the public and anyone may attend and vote
early, regardless of party, precinct or box.
Early voting will also be available from 4:30-6:30 p.m. Wednesday at
the Escapees Care Center.
Other early voting locations
Early voting in the lobby of the Polk County Courthouse will be
available from 7 a.m. to 7 p.m. Monday through Friday.
Additionally, early voting will be available from 12:30-5:30 p.m. today
(Sunday).
Early voting at the sub-courthouses in Corrigan and Onalaska will be
available from 8 a.m. to 5 p.m. Monday through Friday.
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White, Barbara. Polk County Enterprise (Livingston, Tex.), Vol. 120, No. 18, Ed. 1 Sunday, March 3, 2002, newspaper, March 3, 2002; Livingston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth791294/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Livingston Municipal Library.