The Upshur Advocate

Thursday, February 12, 2009

Hutchison Urges White House To Halt Gitmo Closure Plan

Texas Senator presses White House to first name viable alternative for housing terrorists

WASHINGTON, DC, Feb. 10, 2009 -- U.S. Senator Kay Bailey Hutchison (R-TX), Texas’ senior Senator, today urged the President to reconsider a date-certain closure of Guantanamo Bay until he can assure Americans there is a viable alternative for detaining terrorist combatants.

In a letter to President Barack Obama, Sen. Hutchison wrote:

“The Executive Order contemplates five scenarios for handling current detainees: return them to their home country, release them, transfer them to a third country, transfer them to the United States, or transfer them to another United States detention facility. Unfortunately, all of these alternatives pose substantial risk to our national security and place the lives of Americans and our allies at greater risk than continuing the current policy of holding these prisoners at the Guantanamo Bay facility. Of upmost concern, naturally, is the option to transfer these detainees to the United States.

“While sending detainees to the United States is clearly an unsupported choice, and an option fraught with risk, the alternative of sending Guantanamo Bay detainees to prisons in foreign countries or releasing them to their home country is equally a risky option posing potential harm for our country.

“We now know that as many as 61 detainees previously released from Guantanamo Bay have returned to the battlefield, many of whom are now waging war against Americans. With this knowledge, we should not abandon the security of Guantanamo Bay for the alternative of foreign transfers that could pose harm to our allies.

“I urge you to reconsider your Executive Order closing Guantanamo Bay and reject any option that might transfer these prisoners to any facility on American soil. Before setting a deadline for the closure of Guantanamo Bay, the American people must be assured that the transfer or release of detainees will neither harm our national security interests nor increase the risk of harm to American citizens at home or abroad. This assurance cannot be given today.”

On January 22, 2009, President Obama issued an Executive Order to close the Guantanamo Bay terrorist detention facility by January 22, 2010. Among the facility’s detainees have been key al-Qaeda operatives, including Khalid Sheikh Mohammed, the confessed mastermind of the attacks on September 11, 2001.

Attorney General Abbott Launches Restitution Program For Countrywide Customers

Lender settles investigations in Texas, 10 other states to resolve deceptive lending allegations

AUSTIN, TX, Feb. 11, 2009 -- Texas Attorney General Greg Abbott today launched a restitution program that will make $7.46 million available to eligible Countrywide Financial Corp residential mortgage customers. Though the State’s 2008 agreement with Countrywide will provide $345 million in total benefits to Texas homeowners, the restitution announced today is specifically set aside for Countrywide customers who lost their homes to foreclosure. Last year, the attorney general initiated an investigation into allegations that Countrywide encouraged homeowners to accept loans they could not afford, failed to fully disclose risky loan terms to borrowers, and wrote loans for unqualified borrowers in an effort to increase market share.

“The restitution program announced today provides financial assistance to Countrywide customers who lost their homes,” Attorney General Greg Abbott said. “Last year we investigated Countrywide and reached a sweeping agreement that included loan modification opportunities for nearly 30,000 Texas homeowners. With today’s announcement, we are implementing the final portion of our agreement and making restitution funds available to Texans whose homes were lost to foreclosure.”

The state’s settlement with Countrywide included the following:
• $7.46 million in restitution for Countrywide’s Texas customers who lost their homes to foreclosure--or whose payments were 120 days behind as of October 6, 2008;
• $335 million in loan modifications for about 30,000 Texans; and
• About 1,400 Texans who are in default – or are likely to be in default – on their subprime mortgages and who “voluntarily and appropriately” turn over their residence in the “Relocation Assistance Program,” are eligible to receive up to $2,000. The Relocation Assistance Program is expected to provide $2.8 million in benefits to Texas homeowners.

Under the agreement’s home loan modification program, eligible home owners can modify the terms of their residential loans so that monthly mortgage payments are more affordable. Modified loan terms will vary according to each home owner’s circumstances. The potential modifications include interest rate freezes, interest rate reductions, loan term extensions, conversions from variable to fixed rate loans, and principal reductions. Eligible borrowers who participate in the program will not be charged late fees, loan modification fees, foreclosure fees, or pre-payment penalties.

Bank of America, which acquired Countrywide last year, will distribute to eligible homeowners program application forms. Texans who believe they may be eligible for the loan modification program should visit Countrywide.com or call (800) 669-6607.

Today’s announcement reflects the Attorney General’s continuing focus on the mortgage-related issues. In September 2007, Attorney General Abbott convened the Texas Residential Mortgage Fraud Task Force, a legislatively-created initiative to improve cooperation and communication among law enforcement and regulatory agencies.

The OAG has also taken legal action against a variety of mortgage-related practices, including title-related scams, fraudulent refinancing ploys, and other mortgage-related fraud. In 2007, Attorney General Abbott secured $21 million in restitution for Texas homeowners who were harmed by lending giant Ameriquest Mortgage Co. The case resolved allegations that the company and its affiliates did not clearly disclose certain terms to homeowners, including unpredictable adjustable rates.

In 2006, Attorney General Abbott negotiated a landmark agreement with Green Tree Servicing L.L.C., a Minnesota-based firm that services manufactured housing debts in Texas. Under the settlement, Green Tree agreed to assist more than 1,200 Texas homeowners who may have been issued invalid titles to homes they purchased from unlicensed retailers in 2003. In a related move, the Attorney General secured an injunction and asset freeze against the unlicensed sellers. The OAG has also halted scams purporting to save homeowners properties from condemnation and cracked down on various title-related and refinancing scams.

Source: OAG Press Release

Wednesday, February 11, 2009

Applications Now Being Accepted For Kilgore College Board

Monday, Feb. 9, was the first day prospective candidates for the Kilgore College Board of Trustees could file for places on the ballot to fill upcoming expired terms of five KC board members. The application process will remain open through Monday, March 9.

KILGORE, TX, Feb. 10, 2009 -- Voters in the Kilgore College District will elect five to the nine-member board in an upcoming May 9 election. All five of the current members up for re-election have filed for a place on the ballot.

Current board members whose terms expire in May are: Will Roberson, Place 1, Voting Unit No. 1; James Walker, Place 2, Voting Unit No. 2; C. B. “Scooter” Griffin, Place 3, Voting Unit No. 3; Charles Hale for the two remaining years of Place 6, Voting Unit No. 3; and Scott Andrews for the two remaining years of Place 4 in Voting Unit No. 1.

Andrews was sworn in last night to fill the spot of Fred Parsons, who resigned Jan. 12 due to his move out of the district.

Voting Unit No. 1 consists of the Overton and Leveretts Chapel independent school districts and the West Rusk County Consolidated Independent School District; Voting Unit No. 2 consists of the Gladewater, White Oak and Sabine independent school districts; and Voting Unit No. 3 consists of the Kilgore Independent School District.

Forms for application for a place on the ballot, appointment of a campaign treasurer and declaration of write-in candidacy may be picked up in the Assistant to the President’s Office in room 105 of the McLaurin Administration Building on the KC campus.

Office hours are 8 a.m. to Noon and 1 - 4 p.m. Monday through Friday. To receive forms by mail, call (903) 983-8178.

Tuesday, February 10, 2009

Stimulus Bill Passes Senate Despite Texas Opposition

$838 Billion dollar spending bill now heads to a House-Senate conference committee

WASHINGTON, DC, Feb. 10, 2009 -- The U.S. Senate today passed an $838 billion dollar spending bill designed to stimulate the slumping U.S. economy.

Despite calls for bipartisan support from President Obama, only three Republican senators, Susan Collins and Olympia Snowe of Maine and Arlen Specter of Pennsylvania joined in supporting passage, with neither senator from Texas signing on.

Sen. Kay Bailey Hutchison and Sen. John Cornyn both registered votes against motion to limit debate (cloture) yesterday, and on the passage of the bill today, and both issued strong statements in opposition.

On the cloture vote yesterday, Sen. Hutchison said "At a time when American families and businesses are facing economic hardship, any ‘stimulus’ should target job creation while being mindful of taxpayer burden and the growing deficit. This 778 page legislation, which will cost the American people a little more than $1 billion per page, is wrongly focused on spending programs that won’t effectively create jobs.

"Furthermore, some of this spending extends out as far as a decade, years after we have fought through this downturn. I believe that the best way to jumpstart our economy is through targeted tax cuts that quickly put money back in the hands of America’s small businesses and families. These tax cuts should work in concert with a limited spending program that emphasizes projects our government is going to do anyway, moving forward military construction, infrastructure and transportation improvements to spur job growth in Texas communities."

On the vote for passage today, Sen. Cornyn issued a statement saying "“I support President Obama’s call for swift action to revive the nation’s economy and put Americans back to work. Unfortunately, this proposal fails on both accounts and instead relies on bloated Washington programs, digging our country deeper and deeper into debt, and passing the IOUs to our children and grandchildren. This is unacceptable.

“I am disappointed that what could have been a bipartisan success has resulted in a bill narrowly passed by the Senate with the support of only three Republicans. Overspending is what landed our nation in the economic turmoil we find ourselves in today, and the partisan spending bill passed by Senate Democrats only exacerbates this irresponsible behavior—increasing our nation’s debt limit by nearly two trillion dollars to $12.14 trillion."

The bill will now go to a conference committee that will iron out differences between the Senate bill passed today, and the House version, which passed on Jan. 28, and would spend $819 billion. The House bill passed with no Republican support.

Obama has hopes of signing the bill before President's Day on Monday. On being informed of it's Senate passage, Obama said "That's good news, It's a good start."

Monday, February 9, 2009

Matthew Albert Stubbert Convicted of Sexual Assault Of A Child

Judge Parish hands down 20 year prison term as penalty

GILMER, TX, Feb. 9, 2009 -- Matthew Albert Stubbert, 35, of Gilmer, was convicted of Sexual Assault of a Child and sentenced to a prison term of 20 years Friday in the 115th District Court of Judge Lauren Parish.

According to information released today by Upshur D.A. Billy Byrd, Stubbert entered a plea of guilty and requested Parish assess punishment, asking the judge to place him under Community Supervision. He testified that he had never before been convicted of a felony.

On stubborn cross-examination by Byrd, though, Stubbert admitted that he took advantage of a vulnerable teenage girl who held him in a position of trust, reluctantly saying that he had preyed upon the child and had engaged in sexual activity with her more times than he could remember.

In his closing argument, Byrd asked the court to assess a punishment that would be sufficient to protect the children of Upshur County from Stubbert, and that would deter others in the county form preying upon children here.

The 20 year term meted out by Judge parish was the maximum penalty Stubbert could have been given for the charge, which is a second degree felony.

Former Gilmer Pizza Hut Manager Convicted Of Child Sexual Assault

Kerry Scott Baker receives a Life sentence plus 25 years for his admitted sexual assaults on children

GILMER, TX, Feb. 6, 2009 -- Upshur District Attorney Billy Byrd today released the particulars of the guilty pleas heard from Baker by Judge Lauren Parish Friday in the 115th District Court.

Baker, 33, the former manager of the Gilmer Pizza Hut, was accused of multiple counts of Aggravated Sexual Assault of a Child in two separate cases. He waived his right to a jury trial and pled guilty to all charges. As part of a plea bargain, Judge Parish handed down a penalty of life imprisonment for one the cases, and added 25 years to Baker's term for the second.

Commenting on the case, Byrd had this to say: "These were horrible facts and this was a horrible set of circumstances with some of the most disturbing evidence I have ever seen as a prosecutor and a District Attorney.

"Baker had worked as the Gilmer Pizza Hut manager for several years. A lot of people knew him. I took my little league baseball team to eat pizza there. Sometimes things happen that people never know about. People often have the wool pulled over their eyes. One side of Baker was shown to the public, but his private life was much different."

The road to Baker's arrest and conviction started from a search warrant the FBI served in Maryland. A computer seized by federal agents in that search contained evidence that pointed to Baker.

After receiving a search warrant for Baker's residence, agents arrived to find the man downloading child pornography. Baker was then taken to the Upshur County Sheriff's Office, where he gave a statement.

Evidence recovered in the search of Baker's home included photographs and recordings of the assaults he was charged with. Kerry was arrested on August 26, 2008 and indicted on November 12th for multiple counts of Aggravated Sexual Assault of a Child.

Regarding the sentence, Byrd told the Advocate that Baker must serve at least 30 years on the Life sentence before he would be eligible for parole. If parole were granted, Baker would then start serving the 25 year sentence. Byrd said it was " Very likely he (Baker) will never walk out of prison."

Baker still faces federal charges, being indicted by a federal grand jury in December on three counts of Production of Child Pornography, Transporting Materials Involving the Sexual Exploitation of Minors and Possession of Materials Involving the Sexual Exploitation of Minors.

Upshur County Sheriff's Report - Feb. 2nd to Feb. 8th, 2009

152 Calls for service result in 53 arrest this week

GILMER, TX, Feb. 9, 2009 -- Sheriff Anthony Betterton reports that 152 calls for service were reported to the UPSHUR COUNTY SHERIFF’S OFFICE between the dates of 2-2-09 and 2-8-09.

Sheriff Betterton also reports that 53 people were booked into the Upshur County Jail on a variety of charges which include Motion to Revoke Probation, Forgery, Possession of a Controlled Substance, Burglary of a Vehicle, Evading Arrest, Cruelty to Animals, Terroristic Threats, Stolen Vehicle, Child Support, Theft, Engaging in Criminal Activity, Credit Card Abuse, Possession of Marijuana, Manufacturing and Delivery of a Controlled Substance, Abandon and Endangering a Child, Assault, Deadly Conduct, Sexual Assault of a Child, Issuance of Bad Check, DWI and traffic.

The week also saw 58 people released from the Upshur county jail.

Sheriff's Service Calls by the Numbers:
Thefts 12
Assault 9
Burglary 6
Criminal Mischief 3
Disturbance 13
Traffic 25
Suspicious Vehicle/Person 10
Civil Matters 2
Assist other agency 6
Drug cases 1
Unwanted Guest 3
Deaths 0
Shots Fired 1
Juvenile 7
Harassment 5
Other 49

Ike, Dolly Relief Funds Soon Available To Upshur County

ETCOG will receive and distribute $9,224,823.25 among eligible counties

KILGORE, TX, Feb. 9, 2009 -- The East Texas Council Of Governments (ETCOG) today announced that The Office of Rural Community Affairs(ORCA) will release $9,224,823.25 in federal funding to ETCOG to distribute disaster relief funds to cities and counties affected by hurricanes Ike and Dolly. Counties eligible for these grant funds include Anderson, Cherokee, Gregg, Harrison, Marion, Panola, Rusk, Smith, and Upshur.

ETCOG, a voluntary association of counties, cities, school districts and special districts within the fourteen-county East Texas region, will host a series of public hearings to obtain comments on the proposed distribution of funds for disaster relief, long-term recovery, and restoration of infrastructure, housing and economic revitalization in areas affected by the hurricanes.

To determine if their proposed grant distribution process meets with public approval, two Public Hearings to receive public comments will be held. The hearings will be held Monday, February 16, at 10:00 AM and Wednesday, February 18, at 2:00 PM. Both meetings will be at the ETCOG offices, located at 3800 Stone Road in Kilgore.

According to ETCOG's Community & Economic Development Manager, Julie Burnfield, if there are enough public comments against the way ETCOG proposes to distribute the funds, then ETCOG would amend their distribution plan to accommodate the public's concerns.

She says there is money available for two types of projects under these funds. the first is infrastructure for which all nine counties, including Upshur, are eligible and the second is housing for which 5 counties, Cherokee, Gregg, Harrison, Rusk, and Smith are eligible.

Once ETCOG has decided the method of distribution the cities and counties will apply directly to the agency handling the grant monies.

For the infrastructure grants, applications would be directed to ORCA, and for the housing grants, the Texas Department of Housing (TDOH) would process the applications.

Sunday, February 8, 2009

Election Matters Top City Council Agenda Tuesday

Mayoral and council elections matters to be discussed at the Gilmer City Council regular meeting

GILMER, TX, Feb. 6, 2009 -- The Gilmer City Council will meet in regular session Tuesday, considering several matters related to the upcoming elections in May. Among those matters will be whether or not to combine the City Elections with Gilmer ISD board member elections.

On the financial front, discussions will be held on reopening a line of credit with the First National Bank of Gilmer, approval of a franchise agreement between the city and the Upshur Rural Electric Co-op, and paying routine city bills.

The council will also consider recommendations of the Parks Advisory Board concerning possible uses of the old skateboarding area at the Yamboree grounds.

The meeting will be held Tuesday, Feb. 10th at 5:15 p.m. in the council chambers of the City Hall, 110 Buffalo Street in Gilmer.

The agenda can be downloaded at http://www.gilmer-tx.com/?p=280.

Friday, February 6, 2009

RETRACTION: HPV Vaccination Now Mandatory In Texas

As noted by readers and Sen. Eltife's staff, this story is indeed several years old, and the HPV Vaccination is NOT required for girls entering the sixth grade.

This story was assigned as a research project for a prospective reporter, and was not intended for posting. We apologize to our readers for the error.

Four Guilty Pleas Last Week Result In Jail Time

Sentences handed down for Theft and DWI charges in the 115th

GILMER, TX, Feb. 5, 2009 -- Upshur District Attorney Billy Byrd reported that Judge Lauren Parish, 115th District Court, heard four guilty pleas on a variety of charges including Theft last Friday, and revoked the parole of two felons.

Pleas were heard and sentences handed down for the following:

Mary M. Hill, 41, of Gladewater, pled guilty and was sentenced to 15 months in state jail for Theft of Property.

John Allen Hubbard, 51, of Gilmer, pled guilty and was sentenced to three years in prison for a subsequent offense of Driving While Intoxicated.

Brent Banks, 19, of Hawkins, pled guilty and was sentenced to 30 days in the Upshur County Jail for Theft.

Andrew Latham Clark, 29, of Gilmer, pled guilty and received one year probation and was fined $726.00 for Fleeing.

The court also revoked the probations of Brenda Lee Chisum and Cruz Antonio Davis.

Chisum, 47, of Lone Star, was previously convicted of Forgery of Financial Instrument and will serve 18 months in state jail.

Davis, 22, of Ore City, will serve five years of prison time for Burglary of a Habitation.

Thursday, February 5, 2009

Cornyn Amendment Challenges Obama On Military Spending

Sen. Cornyn: Fund The National Guard And Reserves, Not Acorn And STD Prevention

WASHINGTON, D.C., Feb. 5, 2009 -— U.S. Sen. John Cornyn (R-TX), is pushing for adoption of an amendment that would provide $2 billion in funding for the National Guard and Reserve forces.

A release by Cornyn's office today says that in recent years, these forces have faced substantial shortfalls in equipment, and the stimulus bill currently on the Senate floor contains no funding to remedy this problem.

The release says Sen. Cornyn’s amendment would eliminate $2 billion in wasteful spending and use the same amount to fund the purchase of new equipment for the National Guard and Reserve, providing them with much-needed modern equipment and better enabling them to meet mission and readiness requirements. In addition, this funding would have to be expended by the end of fiscal year 2010, providing a stimulative effect to the U.S. economy.

“Since 9/11, our National Guard and Reserve equipment is being worn out more quickly than anticipated. Even before that, our forces had equipment deficiencies and much of their equipment was substandard. My amendment provides critical funding for new National Guard and Reserve equipment, which would also directly benefit our nation’s homeland security missions and disaster response efforts, both of which are frequently assigned to National Guard forces. Importantly, this spending would be offset and not add to our unprecedented national deficit by removing billions of dollars in wasteful spending already in the current bill,” Sen. Cornyn said.

“In addition to this shortfall, it has been reported that the Obama administration is planning to reduce defense spending this coming year. At a time when our nation is involved in dangerous wars in both Iraq and Afghanistan, we must make sure our troops have every resource available to carry out their mission. My amendment is one step forward in ensuring our troops are equipped with the resources they need to be successful.”

According to the release, Sen. Cornyn’s amendment would be funded by eliminating $2 billion of wasteful spending in the current spending proposal by:
* Striking $1 billion for the Department of Commerce, Bureau of the Census, Periodic Censuses and Programs (Census 2010).

* Reducing by $400 million the General Services Administration, Real Property Activities, Federal Buildings Fund, for the conversion of federal buildings into “High Performance Green Buildings.”

* Striking $600 million for the General Services Administration’s Federal Acquisition Service, for the acquisition of high-efficiency motor vehicles for the Federal motor vehicle fleet.

Wednesday, February 4, 2009

'Moment Of Silence' Law Upheld

Texas Solicitor General defends Moment Of Silence law

NEW ORLEANS, LA, Feb. 3, 2009 -- Texas Solicitor General James Ho appeared today before the U.S. Court of Appeals for the Fifth Circuit, where he defended young Texans’ right to begin each school day with the Pledge of Allegiance and a moment of silence. Under a 2003 law, Texas schools begin each morning with a minute of silence for students to “reflect, pray, meditate, or engage in any other silent activity.” A North Texas couple filed a lawsuit challenging the law, but that challenge was rejected by a federal district court. The couple appealed their loss to Fifth Circuit.

“The United States Constitution plainly protects young Texans’ right to observe a moment of silence before school each morning,” Attorney General Abbott said. “In an age where children are bombarded with distractions, beginning each school day with a moment of silence offers a welcome moment of quiet contemplation. The Solicitor General’s argument before the Fifth Circuit clearly articulated that the district court correctly rejected the plaintiffs’ argument and upheld Texas’ moment of silence law.”

In 2003, the Texas Legislature revised the moment of silence law to provide for the recitation of the state and federal pledges of allegiance before the minute of silence. The law permits students to, among other protected activities, “pray” during this quiet time, or engage in “any other silent activity that is not likely to interfere with or distract another student.”

Defending the moment of silence law, the state’s brief argues that, “by providing a patriotic and contemplative context for the minute of silence, Senate Bill 83 plainly serves secular rather than religious purposes.” The brief also said: “the purpose of these exercises is plain – to foster patriotism and provide an opportunity for students to engage in thoughtful contemplation.”

Solicitor General Ho said: "Texas law simply provides students with a quiet minute of contemplation at the start of each school day. Allowing students to make a personal, private decision about their use of that time is entirely constitutional. In fact, the concept of a moment of silence originates with Justice William Brennan, who suggested that schools adopt 'a moment of reverent silence at the opening of class' in his concurring opinion in Abington School District v. Schempp (1963)."

In January 2008, a federal district judge rejected a North Texas couple’s claim that the law was unconstitutional. Today’s Fifth Circuit argument stems from the plaintiffs’ appeal of the district court’s adverse ruling. Last month, a federal district court in Illinois struck down that State’s moment of silence law.

Braums Recalls Peanut Butter Ice Cream

Company issues voluntary recall of Peanut Butter Pretzel flavored ice cream

TUTTLE, OK, Feb. 3, 2009 -- Braum’s Ice Cream and Dairy Stores is voluntarily recalling one flavor of Premium Ice Cream - Peanut Butter Pretzel - because it may contain peanut ingredients that have been voluntarily recalled by one of our suppliers, Pecan Deluxe Candy Company. This recall is due to the expanded investigation of Peanut Corporation of America (PCA) by the U.S. Food & Drug Administration (FDA).

The voluntary recall of Braum’s Premium Peanut Butter Pretzel Ice Cream includes half gallons, three pint cartons and 3 ½ gallon squares:
* Premium Peanut Butter Pretzel Ice Cream - Half Gallon Carton (UPC Code 400000001098)

* Premium Peanut Butter Pretzel Ice Cream - Three Pint Carton (UPC Code 400000021096)

* Premium Peanut Butter Pretzel Ice Cream - 3 ½ Gallon Squares (No UPC Code-Not Sold Retail)

Peanut Corporation of America (PCA) is the current focus of an ongoing Salmonella investigation by the United States Food & Drug Administration (FDA). In January, the FDA expanded its investigation to include all peanuts processed by the PCA at its plant in Blakely, GA., since January 1, 2007. This includes dry and oil-roasted peanuts, granulated peanuts and peanut meal, in addition to peanut butter and peanut paste, which was the initial focus of the investigation.

This recall does not include any other flavors of Ice Cream, Frozen Yogurt, or Sherbet produced and sold by Braum’s. Braum’s Ice Cream and Dairy Stores are located in Arkansas, Kansas, Missouri, Oklahoma and Texas.

Consumers who have purchased Braum’s Premium Peanut Butter Pretzel Ice Cream may return it to any Braum’s store for a full refund or exchange. Consumers with questions may contact Braum’s Customer Service at 800-327-6455.

Consumers with questions or concerns about their health should contact their physician.

Salmonella is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

Tuesday, February 3, 2009

Gov. Perry Designates Emergency Items for Legislature

Emergency designation allows lawmakers to consider items in first 30 days of session

AUSTIN, TX, Feb. 3, 2009 -– Gov. Rick Perry today declared emergency items for the 2009 legislative session. The emergency designation will allow lawmakers to begin considering these issues in the initial 30 days of the legislative session.

The emergency items include:

* Legislation to provide supplemental appropriations to state agencies and institutions related to hurricane response and recovery associated with the hurricanes of 2008;

* Legislation to assist public and private entities with recovery from the hurricanes of 2008;

* Legislation to reform the Texas Windstorm Insurance Association (TWIA) and legislation to fund the Catastrophe Reserve Trust Fund related to TWIA;

* Legislation to improve state schools and centers operated by the state of Texas; and

* Legislation to appropriate funds to the Texas Department of Criminal Justice for the purchase and use of screening and detection devices for contraband and personnel, as well as comprehensive security equipment.

“By designating these items emergencies, lawmakers are able to begin considering these important issues relating to the safety, security, recovery of our state,” Gov. Perry said.

Texas Company Joins Peanut Butter Recall

Austinuts Wholesale, Inc. Announces Voluntary Recall Of Honey Roasted Peanuts And Sweet & Spicy Snack Mix

MANOR, TX, Feb. 3, 2009 -– As a result of the expansion of Peanut Corporation of America’s (PCA) recall to include all peanuts and peanut ingredients processed in their Blakely, Georgia facility since January 1, 2007 due to the possibility to be contaminated with Salmonella, Austinuts Wholesale, Inc. has issued a voluntary recall for the following products:

* Honey Roasted Peanuts, UPC 798612-19004, UPC 798612-19008 and UPC 798612-19025, all lot numbers beginning with the letter “P” and ending with the code “19000PB”, or any product labeled “Honey Roasted Peanuts”

* Sweet & Spicy Snack Mix, UPC 798612-24208, All lot numbers beginning with the letter “P” and ending with the code “24200PB”

No other Austinuts’ products are part of this recall. No illnesses have been reported to date in connection to the above products. This voluntary recall is being issued out of an abundance of caution due to possible Salmonella contaminated ingredients from PCA’s Blakely, Georgia facility.

No other Austinuts’ products are part of this recall. No illnesses have been reported to date in connection to the above products. This voluntary recall is being issued out of an abundance of caution due to possible Salmonella contaminated ingredients from PCA’s Blakely, Georgia facility.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis. For more information on Salmonella, please visit the Centers for Disease Control and Prevention’s Website at http://www.cdc.gov.

The Honey Roasted Peanuts were distributed nationwide and the Sweet & Spicy Snack Mix was distributed in Texas. Retailers have been advised to remove all of these products from store shelves, regardless of code date. Consumers having any of these products are urged to destroy them. Consumers with any other questions may contact Austinuts Wholesale, Inc. (800) 404-6887 ext. 215. Consumers with questions or concerns about their health should contact their doctor.

Hutchison, Cornyn Vote Against Holder Nomination

President Obama's nomination for Attorney General confirmed 75-21, despite Texan "nays"

WASHINGTON, DC, Feb. 2, 2009 -- Eric Holder, President Barak Obama's choice for Attorney General, was confirmed yesterday on a 75-21 vote, confounding intense lobbying efforts of gun rights groups across the country.

Both Texas Senators Kay Bailey Hutchison and John Cornyn voted against Holder's appointment, which passed with the support of all 54 Democratic senators voting, both Independents, and 14 Republican senators.

On her vote against Holder, Hutchison said "One of the most important liberties we have under the Constitution is an individual’s right to keep and bear arms, guaranteed in the Bill of Rights. I am deeply concerned about Eric Holder’s expressed view that the Second Amendment is a collective right that does not specifically apply to individuals.

"He stated in a brief to the Supreme Court that ‘the Second Amendment does not protect firearms possession or use that is unrelated to participation in a well-regulated militia.’ This interpretation would allow a local or state government to ban handguns that thousands of people own today for protection of their homes. His position stands in opposition to the Supreme Court’s 2008 ruling that affirms the right to bear arms as an individual right protected by the Constitution,”

“The Attorney General must enforce the laws of the land and advise the President on legal and constitutional matters. I believe Mr. Holder is an intelligent, experienced, and thoughtful candidate. But after careful examination of his public statements and positions on constitutional liberties, such as the Second Amendment, I could not in good faith support his nomination to the Office of Attorney General.”

Senator Cornyn did not issue a statement regarding his vote.

Crime Stoppers After Ore City Burglars

Information on the Newsom's Grocery Store robbery could be worth $1000.00

GILMER, TX, Feb. 3, 2009 -- On Friday, the 30th of January 2009, sometime between the hours of 1:30 am and 6:30 am, Newsom`s Grocery Store in Ore City was burglarized. The actor and/or actors entered from the rear of the building.

The A.T.M. machine was burglarized and approximately $5,800.00 in twenty dollar bills was taken. The store office was also broken into and approximately $1,400.00 in bills and coins were removed, as well as approximately 20 packs of Black and Mild cigars valued at $51.80.

Upshur County Crime Stoppers will pay up to a $1,000.00 reward for information leading to the arrest and conviction of the individual(s) responsible for this crime.

If you have any information please contact us at 903-843-3131 or toll-free 1-800-396-3351. You can also use the "Give a Tip" link from their website at http://upshurcounty.crimestoppersweb.com/index.aspx.

Monday, February 2, 2009

Upshur County Fuel Price Update - Feb. 2, 2009

Upshur unleaded gas prices are eight cents below the average for the Midwestern states, and ten cents below the national average. Diesel is a nickel below the national average, and even with the Midwestern average.

Click graphic to enlarge view.
Provided by the Energy Information Administration.

Local Gas and Diesel Prices 01-26-09
City	Unleaded	Premium	Diesel

Big Sandy	1.799	2.079	2.199
Diana	1.789	2.099	2.209
Gilmer	1.749	1.999	2.199
Ore City	1.799	2.099	2.199

Sunday, February 1, 2009

Iridian Rodriguez Found, Amber Alert Cancelled

Tyler Police announce 11 year old girl found in Mexico. Abductor still at large.

TYLER, TX, Jan. 31, 2009 -- According to a notice from the BeyondMissing website, Iridian Julissa Rodriguez was found safe in Mexico today.

Text of the notice follows:

Found person: Iridian Julissa Rodriguez
Date missing: 01-24-2009 11:00 PM
Date found: 01-31-2009

Iridian Julissa Rodriguez was located in Monterrey Nuevo Leon Mexico and is now safe with a family relative. The suspect Enrique Vasquez is also in Mexico and has not been taken into custody,his whereabouts is unknown at this time.

The Tyler Police Department and family would like to express our thanks for all Law Enforcement agencies, Missing Child Alert agencies, Media outlets and Public for their for their efforts in assisting us with information to help locate the missing 11 year old girl.

For more information, visit http://www.beyondmissing.com

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