News from the Lone Star State

[TexasStooge]

Arlington's fight on crime makes motel feel unsafe

Police think tourism; business sees threat

By JEFF MOSIER / The Dallas Morning News

ARLINGTON, Texas – Police knew something was wrong last year when a tourist asked for an escort from his motel room to his car.

The man and his family had come to Arlington for a weekend of riding roller coasters at Six Flags Over Texas or watching baseball at Ameriquest Field. What they found were prostitutes and drug dealers cruising for customers outside their motel room northeast of the city's entertainment district – less than a mile from the city's marquee tourist attractions.

For a major tourism center and the future home of the Dallas Cowboys, that's a powerful incentive to act.

"I cannot afford for people who come to Arlington and spend their tourist dollars to feel unsafe," said Deputy Police Chief Jaime Ayala. "We need to make sure that businesses are being held accountable and are being responsible to provide safe environments."

But a nine-month crackdown on crime in the 1100 block of North Watson Road has led to a verbal battle between police and one motel owner about who's responsible for the crime and how to fight it. The owners of all three motels in that block also face the possibility of being shut down for a year if the high crime rate continues and they refuse to cooperate more fully with police.

By any definition, Chief Ayala said, that stretch of Watson Road is a dangerous place. According to police records, police have received 2,079 calls for service in that block from January 2005 to late April this year. The motels accounted for 1,600 of those calls, an average of 100 a month.

There also have been at least 33 drug offenses, four sexual assaults, 11 robberies and 11 assaults at or near those motels during the same period.

In the last few months, police have maintained a constant presence in that stretch of the State Highway 360 service road, and the motels have been hit with surprise fire and code enforcement inspections. The city also placed an electronic sign along the road, warning of high crime in the area.

Motel feels heat

Nick Patel, owner of American Inn & Suites, said that police officers have harassed his customers and warned them not to stay there. He's also angry that the sign – which was removed after 40 days – was posted directly in front of his motel.

"They're trying to drive me out of business," he said.

Mr. Patel said he believes the city wants all three motels – which cater to lower-income travelers – to go away to make room for more upscale developments targeting Cowboys fans.

Meanwhile, Mr. Patel said he's struggled to stay open, with fewer than 10 of his 88 rooms occupied during an average day. A year ago, the occupancy rate was about 50 percent, he said.

The manager of the AA Executive Inn declined to comment, and management of the Arlington Inn did not return phone calls last week.

Police said the issue is not about economic development or class. It's simply a matter of protecting tourists who could be in danger just for picking the wrong place to spend the night.

Along Watson Road, the signs of crime are not hard to find.

Jim Cash, 51, sits in front of his motel room with a cigarette and quart of Red Dog most afternoons and watches the action unfold. Women, sometimes in skimpy shorts, wave at male drivers to pull over. A man who Mr. Cash said is the local pimp sometimes escorts the women and at other times stands nearby to observe.

"It's fun to sit here and watch the show," Mr. Cash said, grinning a little.

He said he knows there are problems elsewhere on the block, but they don't affect him much. Mr. Cash, who has lived in the same room for nine years, said the prostitutes know he's married and "off limits."

Chief Ayala said that officers will keep struggling to reduce crime there without the help of motel owners, who have previously ignored the problems.

The department's demands have included hiring security, adding more lighting and posting signs warning drug dealers and prostitutes to stay away. Also, the city has asked that motel owners require customers to show an ID before checking in and call police when there appear to be problems.

Police officials said the tolerance of prostitutes and drug dealers has drawn in other violent offenses, such as robberies, burglaries and assaults.

Dr. Jeff Ferrell, a criminal justice professor at Texas Christian University in Fort Worth, said that much could get done if all parties would battle on the same side against crime. But when they fight each other, he said, the situation can worsen.

If aggressive policing drives away the law-abiding customers, motel owners may be left with few choices.

"It might push the motel owners away from even the possibility of legitimate business and leave them with the only recourse being illegitimate business," he said.

Drop in calls

Police officials said their aggressive approach might be making a difference. While the electronic sign was in place, calls for service dropped by nearly a third and drug offenses plummeted by nearly two-third at the motels.

Despite those improvements, Mr. Patel has found himself and his family under suspicion from police.

In March, officers confiscated 33 cases of beer and a beer dolly that were given to Mr. Patel as payment for a room bill. He told police that he didn't think about the source of the beer, but later he said he "does believe that the majority of the beer is probably stolen," according to police reports.

Mr. Patel said Friday that there is no evidence that the beer was stolen and that he let officers take it so they would leave him alone. Police were not able to find the beer supplier, but authorities said they suspect he was involved in credit card fraud or identity theft.

Also, Mr. Patel's wife was arrested in March on suspicion of possessing cocaine with intent to deliver.

An arrest report said that Ragintben Patel was an "active" participant in a crack sale to an undercover officer. Police said they expect to file charges with the district attorney soon.

Mr. Patel said that both incidents were assaults on his business.

Although the tension is still there, Chief Ayala said the level of cooperation from the motels has increased.

The Arlington Inn has hired a part-time security guard, and desk clerks at all three motels are now verifying identification when people check in.

But the crime rate is still far too high, he said.

"Should we have 152 calls for service at three motels?" Chief Ayala asked, referring to a recent 40-day period. "I don't think so."

Still at stake are tourism dollars for the city and survival for the motel owners.

[TexasStooge]

DART settles with fired VP after threat of lawsuit

Dallas: Harassment allegations don't keep executive from payment

By TONY HARTZEL / The Dallas Morning News

DALLAS, Texas - Ken Mercer once held the title of vice president of contracting, one of the most powerful executive positions with Dallas Area Rapid Transit.

The high-profile post did not provide him job security.

DART (Dallas Area Rapid Transit) fired Mr. Mercer last year after looking into allegations that he sexually harassed female employees and took a questionable vacation trip with a contractor.

So how did he end up with a $68,338.32 negotiated settlement from DART after getting fired five months after those alleged improprieties came to light in an internal memo?

The settlement records show that Mr. Mercer, 60, and his attorneys began suggesting that DART fired him because of his age and not for alleged improprieties. In the world of employment law, it made more sense for DART to pay him off rather than spend a lot of money fighting an age discrimination lawsuit, DART officials said.

Mr. Mercer, bound by a confidentiality agreement, said: "I am absolutely prohibited from discussing it. I wish that wasn't the case."

In an interview before he signed the confidentiality agreement, Mr. Mercer said DART never gave him a chance to defend himself against the allegations.

Under Texas law, Mr. Mercer was an "at will" executive who could be fired without a reason. But that would not have prevented him from filing an age discrimination lawsuit, according to one legal expert.

"That's something that could be asserted if he believes age was a motivating factor for his termination," said Scott McElhaney, an adjunct law professor at Southern Methodist University. Mr. Mercer never filed a lawsuit. Even so, DART officials said making a severance payment to a fired executive was a business decision that made sense.

"It's frustrating," said DART's president and executive director, Gary Thomas. "I have to take the emotion out of it. I have to look at what's best for the agency."

Such payments often raise questions about whether a publicly funded agency should pay settlements to former employees, particularly those who have been fired, Mr. McElhaney said.

Although the practice varies by employer, many choose to settle with an employee before a lawsuit is filed, he said.

One study showed that 23 percent of employers offer severance packages to fired employees who had performance problems, he said.

"It's not unheard of for employers to offer severance pay, even in situations where there is reason to terminate someone," said Mr. McElhaney, who also is a partner in the Dallas law firm of Jackson Walker. "Employers look at it as an economic and cost decision as much as anything."

Other settlements

The Mercer case was not the first time DART paid money to pave the way out for a high-ranking official.

In 2002, DART's general counsel, Roland Castaneda, received $250,000 for his resignation and $10,000 for legal expenses in exchange for his agreement not to file any claims against DART.

In the settlement, Mr. Mercer agreed to waive his right to file any age discrimination lawsuits against DART. The transit agency could have spent much more than the $68,338 settlement to fight an age discrimination case, Mr. McElhaney said.

"If there had been a full-blown lawsuit and they had to have a lot of factual investigation and as they got close to trial, attorney fees could easily reach that level," he said.

DART board chairman Mark Enoch said he generally opposes such payments because it signals to fired employees that they might hit a jackpot by threatening lawsuits.

Mr. Enoch said he and the DART board reviewed the payment. The final decision rested with Mr. Thomas, he said.

"It would have been far more expensive to litigate, even though we firmly believe we would have been victorious in the end," Mr. Enoch said. "Although it is a principled matter to us, this is the least costly option to us."

The April settlement amounts to half a year's salary for Mr. Mercer. The confidentiality agreement says part of the $68,338 settlement is to buy Mr. Mercer's silence about the employment dispute.

If Mr. Mercer talks publicly about the case, the agreement says, he would owe DART $25,000.

"That's fairly typical for our settlements that have been done over the years," Mr. Thomas said. "If you're going to settle, it needs to stay settled and everyone move on."

Mr. McElhaney agreed.

"That's very common. Employers generally want it," he said.

A lawsuit involving a top executive also could have distracted the transit agency when it needs to focus on its next round of light-rail construction, which starts this summer, Mr. Enoch said. Work will begin in June on two extensions: one to Fair Park and Pleasant Grove, and the other to Carrollton and Farmers Branch.

"Everything right now is focused on getting the northwest and southeast lines started," he said.

Specific claims

Mr. Mercer, who is a 20-year Air Force veteran, joined DART's claims department in 1997 and worked his way up to vice president of procurement.

In that job, Mr. Mercer saw a lot cross his desk while serving as a referee in the high-stakes world of bidding for multimillion-dollar government contracts. He oversaw bids for every major contract approved by the agency, from janitorial services to light-rail projects. Federal officials at one point held up his department as a model for all transit agencies.

But behind the scenes last fall, colleagues were raising questions about his leadership, even detailing numerous sexual harassment allegations and a potential conflict of interest in a five-page memo to Mr. Thomas.

DART has not disclosed the memo's author, who clearly was interested in pressing the case against Mr. Mercer. The memo, titled "Supervisor Concerns," was filed by a woman whom DART would not identify. She compiled numerous allegations, including the author's own experiences and allegations that she heard secondhand.

Many of the allegations center on sexual comments Mr. Mercer reportedly made to colleagues. The memo says Mr. Mercer told one person that a female employee would have to perform oral sex on him if she wanted a promotion. That person then relayed the comment to the memo's author.

In another case, according to the memo, he told someone that a female employee should have sex with him to relieve her tension. That comment also was said to be given to the memo writer.

The memo also alleges that he showed an employee a pornographic photo on a computer during a staff meeting.

Executive's side

In an interview with The News before the settlement, Mr. Mercer acknowledged that during a staff meeting, he looked at an e-mailed photo of tennis star Anna Kournikova in a wet T-shirt.

The memo also included a complaint about a potential conflict of interest, indicating that Mr. Mercer took a vacation last year with Chris Langmayer, general manager for ATC/Vancom Inc., which operates DART's transit services for disabled people.

Mr. Mercer acknowledged taking the trip to Cancún, Mexico, with Mr. Langmayer.

"Hindsight is wonderful," he said. "That was probably a dumb thing to do."

Citing the settlement terms, Mr. Mercer did not comment further about the trip, but said he has receipts to prove that he paid his own way. Mr. Langmayer said Mr. Mercer paid for his trip, and he referred questions to the travel agent both he and Mr. Mercer used. The travel agent confirmed that each man paid for his own trip.

"I honestly feel like this is more political than anything else," Mr. Mercer said in the presettlement interview. Representatives of ATC/Vancom said their investigation found nothing illegal about the trip.

"I am unaware of and I don't believe there were any violations of any contract provisions of DART," said company general counsel John Hoeft.

Mr. Thomas said Mr. Mercer's termination was based solely on the sexual harassment complaints. He added that DART investigators found nothing in the running of Mr. Mercer's department that required law enforcement review.

DART decided to pay Mr. Mercer a settlement because the agency could not predict success in an age discrimination lawsuit, Mr. Thomas said.

"I thought we had a fairly good position," he said, "but nothing is guaranteed."

[TexasStooge]

Cities struggle with day-labor centers

By ANGELA K. BROWN / Associated Press

HOUSTON, Texas (The Dallas Morning News/AP) – Before dawn each day, dozens of men in paint-splattered or dirt-stained T-shirts and tattered pants arrive at a gathering spot for day laborers, hoping a contractor will take them to work at a construction site.

David Lopez, 40, an illegal immigrant from Reynosa, Mexico, has lived in Houston for 15 years and goes to the site every weekday. He usually gets jobs installing sheetrock or tile, then sends the $100 to $150 he earns each week to his wife and three children back home.

"It's been a very hard living here. You have to earn money for your family. They are the most important thing. I need to work at least three days a week," Mr. Lopez said, pausing to call out in Spanish to a passing truck. "Do you have work?" The truck doesn't stop.

The day-labor site he counts on for work is in danger of closing. Run by a nonprofit organization, the center has relied on government grants to operate since 1994. The Houston City Council is questioning whether the nearly $100,000 federal Community Development Block Grant the center receives is appropriate.

"If we continue to support day-labor sites, we undermine our nation's immigration policy," said council member Shelley Sekula-Gibbs, among seven GOP candidates hoping to replace embattled U.S. Rep. Tom DeLay after he resigns next month. "I think the government needs to lead by example."

She and some public interest groups, including Judicial Watch, say the funding goes against federal laws that ban hiring illegal immigrants.

But other council members say discontinuing the funding would be discrimination.

"I don't think we should ask if they're illegal, the same way we do with clinics or fire or police. They don't ask before they go out for calls for service," council member Carol Alvarado said. "I think it's inconsistent with city policy."

Despite heated discussions at Houston City Council meetings over the past two weeks, the city is expected Wednesday to approve funding for the center.

The purpose of the federal grant is to help the needy, and the Houston day-labor center meets that requirement, according to the U.S. Department of Housing and Urban Development.

Filling a need

Several Texas cities opened day-labor centers – usually a room with chairs, a television and vending machines – in the past decade so people wouldn't loiter on street corners or private property, and so employers would have an organized way of hiring workers.

"Day-labor centers exist in order to respond to the needs of a wide variety of actors," said Emily Timm, the day-labor organizer for the nonprofit Equal Justice Center. "When people focus on immigration, they're overlooking the practical needs of a community."

Austin's day-labor center attracts about 200 workers daily. But hundreds of others still gather at street corners near home-improvement and other stores, saying they have better luck finding work by dealing with contractors there, Ms. Timm said.

The Austin City Council considered in December a citywide ban on job solicitation as part of an ordinance cracking down on panhandling and loitering. The ban would have affected day laborers who gather on at least seven street corners in Austin. That portion of the ordinance was removed after groups supporting day laborers protested.

In San Antonio, up to 100 laborers a day gather at an area approved by the city. But the city's Day Labor Task Force wants to open a center that may offer social services as well as provide a safe place for workers to gather, said Ramiro Fernandez, a management analyst with the city's community initiatives department.

In El Paso, the Farm Workers Center is run by a nonprofit organization that receives city and state money each year. During busy agriculture and construction seasons, some 300 workers gather daily at the center, where they can receive mail, eat at a cafeteria or sleep in quarters that can accommodate up to 120 people.

El Paso site in danger

El Paso is proposing a sweeping downtown redevelopment plan that includes tearing down some buildings, the workers' center possibly among them. El Paso leaders say the proposal is about revitalization and has nothing to do with the immigration debate, but center officials are fighting to save their building.

"That goes to the point: Do we want these workers or not?" said Carlos Marentes, director of the Sin Fronteras Organizing Project, which runs the workers' center in El Paso.

[TexasStooge]

Deep Ellum mural soon to be a lost art

With tunnel going away, end draws near for roadside exhibit

By DAVID FLICK / The Dallas Morning News

DALLAS, Texas - There is art best contemplated in the hush of a museum, and then there is Sergio Garcia's mural of a circus scene – best glanced through a car windshield at 30 mph.

He doesn't mind.Mr. Garcia, one of more than 40 artists whose work has been displayed for the past 13 years along the Good-Latimer Expressway underpass near Deep Ellum, said he appreciates the exposure.

"Most artists keep portfolios of their work," he said. "But if someone wants to see an example of my art, I just tell them to drive under the tunnel and look to the right."

But the concrete canvas will disappear soon in a cloud of dust. Dallas Area Rapid Transit plans to fill in the underpass before beginning construction of a light-rail line to Fair Park. A Deep Ellum station will be built near the site.

No date has been set for the implosion of the underpass, according to DART spokesman Morgan Lyons. But the structure should be gone before the end of the year, he said.

The sloping underpass will be filled in, burying – among other works of art – portraits of a flying bug, a punk Adam and Eve being ejected from Deep Ellum, a Madonna, a Flying Tiger aircraft and a shark.

Through the years, the paintings have been tagged with graffiti – some of it elaborate enough that the line between painting and vandalism is blurred.

Indeed, some people who drive by the murals assume that all the paintings are the spontaneous work of graffiti artists. In fact, the works are part of a coordinated project sponsored by the Deep Ellum Association.

Several times since 1993, Good-Latimer Expressway has been blocked off and the artists have put up murals in a single day.

The decision to destroy the tunnel – and with it, the murals – has prompted some opposition, but not from Frank Campagna, the man who organized the four projects collectively known as "Tunnelvisions."

"I'm OK with it. At first I wasn't," he said. "I thought that this was destroying a piece of freedom of expression in a city that doesn't have that much.

"On the other hand, the tunnel keeps Deep Ellum isolated. For the good of the neighborhood, it had to go."

When a DART station is built near the present location of the underpass, it will have a $1.5 million gateway feature designed to reflect the artistic nature of the neighborhood. The feature has yet to be designed.

After DART decides on a date for imploding the underpass, Mr. Campagna said, he intends to schedule an exhibition of the artists whose murals have been displayed there. The exhibition will include a party – a sort of wake for the "Tunnelvisions" project.

Mr. Garcia said he will be among those who miss the outdoor artwork – and not just his own.

"I think it's sad," he said of the destruction of the murals. "It adds personality to the city, and the city needs that. When art is outside, it's part of people's lives."

[TexasStooge]

SWAT surround Oak Cliff home

DALLAS, Texas (WFAA ABC 8) - The Dallas SWAT team has surrounded a home in the 2500 block of Nicholson Drive in Oak Cliff.

Authorities said a man barricaded himself inside.

Police were called to the home when a woman told them that her ex-boyfriend broke into the house and assaulted her. While she managed to get out around 3:00 p.m., Dallas police have continued to have the home surrounded ever since.
_____________________________________________________________

The Dallas SWAT team has surrounded a home in the 2500 block of Nicholson Drive in Oak Cliff.

Considering what kind of neiborhood this is in, I'm not surprised.

[TexasStooge]

Motorist killed on Central Expressway

RICHARDSON, Texas (WFAA ABC 8) — One person was killed in a crash on North Central Expressway in Richardson early Sunday morning.

Police said the car was traveling north on the highway round 1:30 a.m. when it ran off the highway near Renner Road.

The vehicle went airborne acorss a creek and landed upside-down on the far bank.

One occupant died a the scene; the other was taken by helicopter ambulance to a hospital.

The names of the victims were not available.

WFAA-TV photojournalist Bryan Titsworth contributed to this report.

[TexasStooge]

No suspect after SWAT standoff

DALLAS, Texas (WFAA ABC 8) - A four-hour police standoff ended without an arrest Sunday evening in the Oak Cliff section of Dallas.

A SWAT team was summoned to the 2500 block of Nicholson Drive after a woman told police that an ex-boyfriend broke into her house and assualted her.

She managed to flee around 3 p.m. and police surrounded the property.

The SWAT team entered the home at 8 p.m. but were unable to find a suspect inside.

[TexasStooge]

Man killed when car runs into building

GRAND PRAIRIE, Texas (The Dallas Morning News) - A Grand Prairie man was killed early Monday when his vehicle drove off Stemmons Freeway and crashed through the front of an office building.

Police said the accident occurred around 2:45 a.m. Teodocio Rodriguez, 20, was headed southbound on Interstate 35E between Motor Street and Inwood Road when he lost control and his Chrysler Le Baron went airborne across the service road.

Mr. Rodriguez was ejected from the vehicle, which smashed through the front windows of a Randstad Work Solutions branch office in the 2700 block of Stemmons Freeway.

Mr. Rodriguez was pronounced dead at the scene, police said. An investigation is under way into what caused the crash.

Furniture and other items inside the business were damaged in the accident.

[TexasStooge]

Victims in fake-drug case await special visas

By PAUL MEYER / The Dallas Morning News

DALLAS, Texas - Five years ago, crooked drug informants and kilos of crushed billiard chalk ravaged Jaime Siguenza. He endured a bogus arrest, nearly six months in jail, deportation, a police corruption trial and lawsuit: all tied to fake drugs planted on innocent immigrants.

But he still awaits a final act of justice: permission to stay in America.

This month, Mr. Siguenza joined two fellow victims of the 2001 Dallas fake-drug scandal in line to become some of the first illegal immigrants in the country to receive special visas for crime victims.

The visas could be issued as early as this summer, the government said last week, ending years of bureaucratic delays, uncertainty and legal action.

"If I think too much about it, I can't sleep," Mr. Siguenza said during a recent interview at his auto sales and repair shop.

"Any time I watch the news, it [reminds me] that I could still be deported."

Congress created the special victim visa category in 2000, but regulations on how to apply for and issue them were never published. And none have been handed out, although more than 2,100 immigrants nationally have been told they can remain in the country for the time being.

Among those are victims of the Dallas fake-drug scandal and their spouses, including Mr. Siguenza, his wife, Jose Luis Vega, Erubiel Cruz and Mr. Cruz's wife.

The interim relief allows them to stay in America on a year-by-year basis until the government begins distributing the visas. The interim status also allows them to apply for work permits. But it does not let them travel home to Mexico to visit families.

"It's a very desperate situation," Mr. Vega said.

"Just recently, my mother passed away [in Mexico], and I couldn't go back because I knew I'd risk everything."

It's a situation facing thousands of immigrant victims of crime nationally, each having cooperated in government prosecutions or investigations but now waiting for word of whether it will mean a new life in America.

"There is a history of sort of benign neglect for applicants with programs ... to benefit some of the most vulnerable immigrants in the country," says Peter Schey, president of the Center for Human Rights and Constitutional Law in Los Angeles.

"If this involved a law giving benefits to million-dollar investors, my gosh, the [government] would sprint to the finish line to get regulations out and get the program up and running."

U.S. Citizenship and Immigration Services spokesman Bill Strassberger attributes delays in writing the visa regulations in part to events after 9/11, including the restructuring of immigration authority under the Department of Homeland Security.

"It's an unfortunate situation, but at least we've been able to provide some interim relief to allow people to stay here and work here until this issue is resolved," Mr. Strassberger said.

He confirmed that officials are working to have regulations in place by early July, a deadline established when legislation was reauthorized and signed by President Bush in January.

The visas would let immigrants stay in the U.S. four years and then apply for permanent residency.

Living in limbo

The Dallas fake-drug victims were exonerated years ago. They won the public's sympathy and more than $5 million in a lawsuit against the city.

But many remain here illegally, living in limbo.

Mr. Vega says some men he knew were deported or returned home in recent years. One traveled to Mexico to fight for custody of his children, knowing he wouldn't be able to come back legally.

The Dallas County district attorney's office is working with federal officials to get that man back to testify in the upcoming trial of Mark Delapaz, a former Dallas narcotics officer at the center of the fake-drug scandal.

Toby Shook, the office's chief of the felony trial division and the Republican nominee for district attorney, has also supported victims seeking the protection visas.

"Our investigation showed these individuals were hardworking people with families, and they had been very cooperative," Mr. Shook said. "They believed in American ideals, and the bottom line was we couldn't prosecute the cases without their cooperation."

Mr. Siguenza, for one, remains surrounded by reminders of the Kafkaesque events that began in 2001 when several kilos of fake cocaine were planted in a salvage car in the parking lot of his father's car-repair business. He faced two drug-related charges and insisted he was innocent but pleaded guilty rather than face prison time.

He was deported to Mexico. A later analysis showed only trace amounts of drugs in the vehicle. He sneaked back in the country, cooperated with the government prosecutions and rebuilt a life as a car salesman and mechanic.

Then last month he returned to a Dallas courthouse to get paperwork needed for his visa application, only to find one of the drug charges remained on his record.

"They wanted to arrest me," he said.

Upon realizing the mistake, the district attorney's office quickly filed a new motion to dismiss the charge. Officials say a judge had failed to sign the original motion to dismiss years ago.

"I think once we get the visa ... I think that's what I feel they owe us," Mr. Siguenza said.

Afraid to apply

George Rodriguez, the immigration attorney for many of the fake-drug victims, says some remain afraid to apply for the visa given the risk of deportation if they are denied.

"They've been burned pretty bad," he said. "They're not that trusting of the system."

The system was originally intended to get victims out of the shadows and help law enforcement prosecute criminals.

In fiscal 2005, 1,626 immigrant victims of crime applied for the visas. This year, more than 1,400 have applied. The original legislation allowed for as many as 10,000 visas per year.

Regulations for a similar visa for victims of human trafficking, created under the same law, were issued in 2002.

Yolanda Eisenstein, legal director of the Dallas-based Human Rights Initiative, says some immigration advocates have refused to submit applications for clients until final regulations are published.

"People who are here who are [here illegally] are very reluctant to go to the police when bad things happen. If you can help alleviate that fear, then it's a win-win situation," she said. "The person who has been a victim gets some relief ... and they help law enforcement and prosecutors investigate these crimes."

For Mr. Cruz, the stakes are personal. He was in jail for a crime he did not commit during his son's wedding in Mexico. He has never met his daughter-in-law or two granddaughters. He hasn't seen the son in 12 years.

He is still here illegally and lives with the fear of deportation even as he prepares to help the government in Mr. Delapaz's trial.

"Now thank God they're finally responding to us," he said of the visa process.

"Despite the injustice that happened to me, I still feel strong about the opportunities this country offers."

[TexasStooge]

Fatal shooting rattles Greenville neighbors

Dallas: Bar patrons argued in M streets before man was killed

By ROBERT THARP / The Dallas Morning News

DALLAS, Texas - M streets residents like Mitchell Ray Palmer know that living near a popular entertainment district has its price.

"Every now and then you'll get woken by a girl screaming at her boyfriend outside at 2:30 in the morning, but it's usually real quiet," Mr. Palmer said.

But a Sunday morning argument between bar patrons walking to their cars didn't end quietly.

So on Sunday, the father of two had to steer his 1- and 5-year-old children clear of a bloody dress shirt discarded just outside his Martel Avenue home. The Armani shirt, a leather bracelet and a large oak tree pocked with four gunshots were remnants of a predawn shooting that killed a 24-year-old Mesquite man.

According to police reports, the shooting happened as Lower Greenville Avenue bars and restaurants were closing about 2 a.m. Sunday. Two groups of people that did not know each other were walking toward their vehicles parked along the 5600 block of Martel Avenue, where new homes are squeezed in next to older Tudors and bungalows.

"For whatever reason, their paths crossed and they exchanged words," said Dallas police Senior Cpl. Max Geron.

During the argument, one of the men went to his pickup parked nearby and returned with a gun. Mr. Palmer said he was awakened by shouts, then gunshots.

"You could hear them all screaming. It seemed like he fired one shot in the air, then unloaded," he said. "It was over a girl or someone saying something to his girlfriend."

Across the street, neighbor Rich Taylor also heard several gunshots and called police. Neighbors said they watched police recover nine bullet casings from the street. "I was surprised that no bullets hit anybody's house or any windows," he said.

Police found Curtis McElhaney lying in the street. He was taken to Baylor University Medical Center at Dallas, where he died from his injuries about 4 a.m.

About the same time several blocks south on Greenville Avenue, four people were hospitalized after they were stabbed as they left the bar Crem, in the 1900 block of Greenville Avenue. The suspect in that case remains at large.

After the shooting on Martel, the gunman, a male friend and a female friend ran off through the neighborhood. Patrol officers arrived within minutes and arrested 22-year-old Jonathan David Johnson a block away in the 5600 block of Longview Street. Mr. Johnson, a Plano resident, faces a murder charge and was being held in the Dallas County Jail.

According to police reports, Mr. McElhaney and a friend had been to J. Pepe's restaurant before the shooting, while Mr. Johnson and two friends had been at Kinky's.

Mr. Palmer, whose BMW 740 was stolen outside his house a day before the shooting, said the drama has not changed his opinion of the neighborhood.

"That can happen anywhere," he said.

[TexasStooge]

McKinney ISD guarantees jobs once students qualify

By JEREMY ROEBUCK / Special Contributor to The Dallas Morning News

MCKINNEY, Texas - Samantha Hill graduated from high school Saturday assured of something few students figure out before their senior year of college: where she'll start her career.

The 17-year-old McKinney High School graduate signed a contract last week that locks in a teaching job with McKinney ISD.

Enlisting high school students into the teaching ranks so early is new to McKinney this year, but many other Texas school districts struggling to recruit and retain qualified teachers are using the strategy.

The aim is to offer students teaching experience before they enter college and to attract strong job candidates with ties to the community.

"I cannot imagine a better graduation gift than an assured job," said Anna Evans, the program's coordinator at McKinney High School. "I really think we've given them a valuable head start."

Upon completion of their bachelor's degrees, Ms. Hill and 22 other students in the Ready, Set, Teach program in McKinney high schools have jobs waiting for them at home.

The Garland and Allen school districts have seen some of their graduates return and take their places in the classroom.

Of the 10 contracts Allen ISD offered in 2002, the program's first year, two teachers have come back to the district.

Others switched professions or are still completing their degrees, according to the district's human resources department.

Fifteen Ready, Set, Teach graduates have returned to Garland ISD, which started offering the contracts in 2000.

This year, McKinney offered 23 contracts to students who completed the class and their internships.

While the agreement doesn't require students to return to McKinney ISD, the district must find a teaching position for students who complete an accredited bachelor's degree program and receive teacher certification.

Students apply for the program at the end of their sophomore and junior years.

Once accepted, they enroll in the class, which emphasizes curriculum planning, classroom management and child development.

Students also complete a student teaching internship in the district's elementary and middle schools.

Putting students in the classroom lets them try out teaching before they commit to a career path that may not suit them, said Marsha Canup, who runs Allen's program.

"There are always three or four kids that realize throughout the year that teaching is not for them," she said. "At least they haven't gone through three years of college before finding that out."

For some, like 18-year-old McKinney North graduate Erica Tuiner, teaching has been a career goal since childhood.

"I remember being in first grade and telling my mom I wanted to be a second-grade teacher," she said.

For others, like 17-year-old Ms. Hill, the profession's appeal grew through their experience in the program.

"I'm the first one in my family to graduate from high school," she said. "I saw my brothers and mother and how they struggle with their jobs. I want to help kids get their degrees."

But as many of the students discovered, managing a classroom is harder than it looks.

Working with first-graders at Caldwell Elementary, 18-year-old Taryn Nelson struggled with how to approach discipline.

"It was kind of scary at first," the McKinney North graduate said. "They may be little, but those kids are intimidating."

Others reported difficulties teaching students with learning disabilities.

These issues often trouble beginning teachers, said Holly Eaton, director of professional development and advocacy at the Texas Classroom Teachers Association.

"We often hear from first-year teachers that they don't feel prepared for the realities of the classroom," she said. "Even veteran teachers struggle with these issues."

But with its "grow your own" philosophy, Ready, Set, Teach may attract candidates with more patience for such frustrations, Ms. Eaton said.

Teachers with pre-existing ties to the community and the district are more likely to stay in the profession despite early setbacks.

"It has the potential to create a ready-made employment pool," she said.

As Ms. Hill prepares to begin working toward an education degree next fall, she's fairly certain she knows where she'll end up.

"I had so much trouble in school," she said. "But there were always one or two teachers that kept encouraging me to keep going. I want to go back and encourage kids to keep trying."

Jeremy Roebuck is a Dallas-based freelance writer.

[TexasStooge]

Overhaul is being sought for animal shelter

Irving: Residents want allegations investigated; city asks for feedback

By ERIC AASEN / The Dallas Morning News

IRVING, Texas – Some residents say the city animal shelter needs an extreme makeover – as soon as possible.

Irving officials say they're working on it.

Residents sounded off at a City Council meeting last week about allegations of wrongdoing at the shelter, including controlled euthanasia drugs missing from the shelter and an animal being euthanized without its owners' consent. In addition, a former animal control officer has sued the city, claiming shelter neglect.

Residents want the city to launch an external investigation of shelter operations. They also want an on-site veterinarian to spay and neuter shelter animals.

"The whole thing needs to be revamped," said Cindy Boase, one of many residents who've complained. "The city's not our enemy. We want to help them get things turned around."

Irving officials are holding focus group sessions to get resident feedback.

They're placing sod outside the shelter to create an area where animals can get exercise and interact with prospective owners. The city also recently started working with a group that sterilizes and releases feral cats.

A newly hired public health manager is reviewing Irving's animal services division and expects to issue a report by Aug. 1. The evaluation will lead to "significant, fundamental changes," a city memo said.

"We're embarking on a continuous improvement project to begin a process of improving operations and enhancing services," said Pat Fowler, Irving's director of public health and environmental services.

External input

But John Seydler, an Irving resident who has visited the shelter, wants the city to hire an external group to investigate the shelter.

"There needs to be ... an outside agency that has no special interest," he said.

City officials are also looking into allegations of wrongdoing. They say a language barrier may have resulted in a dog being euthanized against the owners' wishes. As a result, animal shelter employees are creating a list of Spanish phrases to help bridge the language barrier.

A black chow dog was euthanized the same day it was signed over to an animal services officer in late April, even though the owner thought her family would have the chance to reclaim the dog, a city memo said. Neighbors complained of the dog's "menacing" behavior, and the officer determined that the dog had an "aggressive demeanor," the memo said.

Ms. Boase, who is familiar with the matter, said the owners' family member signed over the dog.

A city review determined that while the officer's actions were consistent with ordinances, the employee's judgment in "quickly euthanizing the ... animal was poor."

The review follows a lawsuit filed by a former Irving animal control officer that states the city retaliated against her after she reported shelter violations. Allegations include controlled drugs missing from the shelter, dogs not removed from cages while they're being cleaned, and employees incorrectly following euthanasia procedures.

Deputy City Attorney Charles Anderson said the city is defending the case and is taking steps to get more details on the allegations, which he described as "vague."

Shelter priorities

City Council member James Dickens said he's pleased that shelter officials are working on reforms and creating more animal-friendly policies. He said building a shelter is a priority. Also on his wish list: hiring a veterinarian.

Some of the concerns are being addressed, Mr. Dickens said.

"It's good to hear from [residents]," he said. "They're going to have to have a little bit of patience. ... We're going to get there."

Ms. Boase said that city officials seem sincere and genuine and that she hopes things will improve.

"I think it's progress," she said. "It seems like we've gotten their attention. We'll just wait and see."

[TexasStooge]

To grads, end just a beginning

Irving ISD: Four students learn from the past, look to the future

By DEBORAH FLECK / The Dallas Morning News

They are starting the next chapter of their life.

About 1,500 students from Irving's four high schools will walk across the stage at Potter's House in Dallas next week to receive their diplomas. Here is a look at four of them, their lessons learned, their futures to come.

Academy of Irving ISD

For her dedication and support, the school named Theresa Gonzalez "Miss Academy" at its recent senior awards ceremony.

"The Academy is different and not like a traditional school," Theresa said. "But it's coming along."

Theresa, 18, worked all four years to foster school spirit. She helped start the student council and joined several clubs.

The busy student also found time to be a member of MacArthur's swim team. She admits she almost had the best of both worlds – experiencing sports at MacArthur and the specialized classes at The Academy.

"Plus I got to meet so many more kids I wouldn't have met if I went to MacArthur," she said.

As she heads to Texas A&M University in the fall, she urges fellow students to "take pride in your school and take in as much as you can."

Irving High School

Trevor Rich did not have an easy childhood. He lost his mother when he was 18 months old and endured a rough relationship with a stepmother.

But with the support of an aunt and uncle who later raised him, Trevor put his past behind him. Now 18, the National Honor Society member is graduating eighth in his class and earned an academic scholarship to Baylor University.

A music lover, Trevor plays four instruments, including cello, for the school orchestra. He also was involved in student council and Tiger Guard, the school's pep squad.

He credits much of his success to two people: his best friend, Robert Girgis, and his AP physics teacher at Irving High, William Dawson.

"Get two role models – one your age and one a teacher," he advised. "There are certain things you can tell a friend and others a teacher."

MacArthur High School

Kayla Giard loves dancing. She has managed to pursue her passion while finishing high school in three years.

It was a tough balancing act, the 17-year-old said.

"When I devoted myself to dance, my grades would suffer. And when I devoted myself to school, my dancing would suffer," she said. "The key is time management."

She transferred from the North Hills School to MacArthur for her senior year so she could graduate early and devote more time to dancing.

She hopes to attend a four-year college to study business, but plans to start at North Lake College.

Kayla leaves for New York on Sunday for an American Ballet Theater collegiate program but plans to fly back to Texas for graduation.

Then, on to more dance programs and maybe some day a spot with a ballet company.

Nimitz High

Joyce Ugochukwu ended her high school years with a crowning achievement. Her state championship in the shot put made her the first girl in the history of the Irving school district to win state in track and field.

"I was shocked, and it didn't sink in right away," the soft-spoken athlete said.

Her track accomplishments earned her a scholarship to Colorado State University in Fort Collins.

The 17-year-old also played volleyball and was involved in Student Council, Junior Historians, the French Club and the National Honor Society.

Although she excelled in track and field, her favorite high school experience was the pep rallies. "We have an active class with a lot of school spirit," she said.

She credits her track coach, Leah Hollie, with keeping her focused. "She was always there for me," she said.

[TexasStooge]

Cameras rolling as a teen's world turns

Irving ISD: Students are the stars in 'Cheaters,' a high-tech morality tale

By KATHERINE LEAL UNMUTH / The Dallas Morning News

IRVING, Texas – In the opening scenes of Cheaters, a brooding Nathan Condrack rolls out of bed shirtless. He washes up, pulls on a shirt and proceeds outside to punch his car door in frustration.

This isn't that Texas-spawned reality TV show that catches cheating couples in the act. This 30-minute soap opera-style drama stars six MacArthur High School students.

When Nathan, played by David Wilkins, obtains some college admission test answers, he tries to take the heat off himself by giving his friends the opportunity to cheat.

"It's about cheating on our own morality," theater teacher and director Bruce Coleman said. "We're in this culture where cheating is the ideal. In Survivor, you cheat to win."

The teen drama written and directed by Mr. Coleman is set to premiere in the high school's auditorium. The 7 p.m. showing on Friday is free and will be followed by a discussion. The film is "PG"-level, Mr. Coleman notes, because it includes some swearing.

Students in Mr. Coleman's advanced drama class acted in the film, Academy of Irving ISD student Bryan Wade edited it, and other students built the set, wrote the title song and starred as extras. The scenes were filmed in about a day.

Mr. Coleman calls the venture an experiment. He'd like to generate interest in creating a weekly soap opera that would star about 15 students from all Irving high schools. He's already written three episodes of the soap, tentatively called Drama. It would be about a class of acting students.

He said the film was a way to carry out the Irving school district's emphasis on technology in the theater department. Mr. Coleman, who has taught in the department the last six years and also has directed community theater, cited the DeGrassi High series out of Canada as another inspiration. That show, which also tackled gritty issues, originally aired on PBS and was started in part by a former teacher.

Student Daniel Svoboda, 18, hopes the medium catches on. He sees his character as a study of himself as a freshman, back when he was more into football than acting.

"It's an amazing opportunity to have this in high school," he said. "This is [Mr. Coleman's] vision of what the theater department could turn into."

The ensemble cast is used to starring in musicals and plays on stage – like this year's production of the circus-themed musical Barnum. But portraying high school students on film hits closer to home.

"It's harder to play to a camera than an audience because there's no one there to give a reaction," said Cameron Ingram, 16. "All year we've done characters that are very extravagant. It's harder to be a real person than a character."

Students said a film about cheating is relevant to their generation because the tactics seem to proliferate with technology – as students plagiarize off the Internet, for example.

Kelsey Jones nervously watched herself in a kissing scene with David during a recent review of edited scenes.

"It felt really professional," said co-star Aida Jobe, 18. "There was a level of maturity to it."

[TexasStooge]

Proposal weighs teaching needs

Irving ISD: Budget plan considers substitutes, ESL training, pay raises

By KATHERINE LEAL UNMUTH / The Dallas Morning News

IRVING, Texas - Irving school officials have laid out an early wish list of teaching needs in the proposed budget for next year.

The district has proposed hiring 29 permanent substitutes at the high schools and middle schools to fill in for absent teachers. Administrators are also considering an incentive plan to reward and encourage all teachers to go through ESL training.

The budget proposal also includes an average 3 percent raise for employees.

Officials will finalize the budget in late August.

About 35 percent of students in the Irving school district have limited English proficiency. Administrators say an increase in the number of immigrant students at the secondary level will require that all teachers be able to help such students.

"Our goal in Irving ISD is for 100 percent of our teachers to have the skills to work with English language learners," said Judy Rudebusch, a director of special services. "It's important because of the demographics of the district."

District officials are considering rewarding teachers based on their level of training, not just whether they are assigned to teach mostly students learning English.

To compete with other area districts, administrators also are considering increasing the $3,000 stipend paid to certified bilingual elementary teachers. The district has 351 bilingual teachers, 87 of whom are not fully certified.

Administrators said hiring permanent substitutes would reduce strain on campuses. The district has about 139 teacher absences a day, and roughly 31 percent of those openings go unfilled. Such unfilled absences often go to other teachers, who are paid at a higher rate.

Teachers are paid $132 a day to fill in, while fully certified subs are paid $70 a day.

Administrators are considering paying permanent substitutes $13,000 to $20,000 in salary, plus benefits. Four permanent substitutes would be staffed at each high school, three at The Academy of Irving ISD and two at each middle school.

The academy piloted the idea this year with two permanent substitutes, who helped reduce the number of unfilled absences.

"They learn the rules, and they learn the kids," said Marie Morris, assistant superintendent for curriculum and instruction. "They're not a stranger, and they become a part of the faculty."

Trustee Michael Hill, who has been a substitute teacher in the past, said he likes the idea but remains concerned about pay.

"It's a positive if they have a relationship with the kids instead of some random person," he said. "But you get what you pay for."

[TexasStooge]

3 shot during Dallas robbery

DALLAS, Texas (WFAA ABC 8) - Three men were shot at a Love Field-area convenience store early Monday by a gunman who stole another victim’s car, police said.

Police said the incident began about 3 a.m. in the 2200 block of West Northwest Highway when a man approached three men. The robber shot one of the men after the victim told the robber that he didn’t have a wallet. He then opened fire, injuring another man and a bystander.

One victim was struck in the right ankle, another in the left calf and another on the neck. The owner of the car does not appear to have been injured, police said.

The alleged gunman was arrested a short time later after a police chase that ended when he wrecked the stolen car at Marsh Lane and Royal Lane.

The suspect was identified as Victor Chavez, 18. He was in the Dallas County jail Monday afternoon.

[TexasStooge]

Man killed when car runs into building (Updated)

GRAND PRAIRIE, Texas (WFAA ABC 8) - A Grand Prairie man was killed early Monday when his vehicle drove off Stemmons Freeway and crashed through the front of an office building.

Police said the accident occurred around 2:45 a.m. Teodocio Rodriguez, 25, was headed southbound on Interstate 35E between Motor Street and Inwood Road when he lost control and his Chrysler Le Baron went airborne across the service road.

Rodriguez was ejected from the vehicle, which smashed through the front windows of a Randstad Work Solutions branch office in the 2700 block of Stemmons Freeway.

Rodriguez was pronounced dead at the scene, police said. An investigation is under way into what caused the crash.

Furniture and other items inside the business were damaged in the accident. To make repairs is likely to cost at least $15,000.

"What a mess. I am sorry that we had loss of life but had it happened in the day, it would have been a much more dramatic event," said property manager, Barbara Boazman. "There are 12-15 people in the building at any one time. Plus, it's an employment service, so you have people in and out all the time."

The employment agency is likely to reopen on Thursday.

[TexasStooge]

South Oak Cliff: A portrait of neglect

By BRETT SHIPP / News 8 Investigates (WFAA ABC 8)

DALLAS, Texas - A News 8 investigation is raising questions about the conduct of the principal at South Oak Cliff High School in Dallas—and also about the quality of education on his campus.

Just days after Dallas Independent School District officials learned of our investigation, the principal—Donald Moten—was placed on administrative leave.

The investigation delves into an array of troubling allegations, all of them from current or former teachers at South Oak Cliff High.

Some of the charges involve potential violations of policy, both local and state. All of them, however, paint a disturbing portrait of potential neglect at DISD.

The scene outside South Oak Cliff High School looks like most any other DISD senior high. Parents and taxpayers can only hope that no other school sounds like the chaotic scene captured on a secret recording of an administrator at SOC trying to gain control of students via the public address system.

"Get to class. You teachers who do not know what you are supposed to do," the voice on the recording said. "Teachers: Do not—do not let any students out of the classroom for any reason whatsoever; I don't care what the reason is, do not let them out."

Yet what comes off a stern attempt to exercise authority is a waste of time, according to one disgusted teacher, who—fearing reprisals—asked to remain anonymous. "Just chaos, absolute chaos. Nobody's running the school except the students."

This teacher doesn't blame the students; he chalks up the problem to administrators' lack of professionalism and control.

"There's never really been any work done to structure the school and set it up to a learning environment," the unnamed teacher said. "There's no real chain of command; there's no support for the teachers."

SOC students who talked with News 8 said they have their complaints, including the practice one year ago of charging them up to $2 to attend pep rallies.

"We don't go on no field trips this year," one student said. "I mean, we ain't got nothing new, and we pay $2 for a pep rally and it don't last, what an hour? No; 30 minutes."

The person in charge of the school, Principal Donald Moten, may have bigger problems than student discipline.

A group of teachers calling itself The Coalition for the Removal of a Bad Principal submitted a list of complaints to DISD officials in February. Among the allegations:

• Inappropriate sexual advances towards female employees and guests
• Retaliation
• Unauthorized changing of student grades

"I have actually been standing there with Mr, Moten, and Mr. Moten has actually changed grades in my presence," said math teacher Winford Ashmore. Ashmore also said Moten ordered all teachers to round grades up for students who would otherwise fail.

News 8 has obtained an official grade sheet indicating a chemistry grade being changed from a 68 to a passing grade of 70. The change was signed off on by Moten, but not officially documented on a grade correction form as required by district policy.

School counselor Frank Hammond said he approached Moten about altering grades. "Only the teacher of record can change grades," he said. "We have to use the designated form that the district tells us to use, so any process other than that would be inappropriate."

In addition to changing grades, others said Moten may have directed staff members to change attendance figures, a potential violation of the Texas Education Code.

For example: One student's report card reflected no absences for the first six weeks. But according to the teacher's actual attendance records, the student was actually absent 25 days during one six-week period.

And while some students get credit that was not deserved, one anonymous teacher mourned for the majority of students who deserve much more. "It absolutely kills me, because a lot of the kids are there because they want to learn and be something someday, and that's really tough to see every day."

Principal Moten was given an opportunity to respond to the allegations, but he declined.

[TexasStooge]

Cockrell Hill cracks down on graffiti

By DAN RONAN / WFAA ABC 8

COCKRELL HILL, Texas - In Cockrell Hill, police are cracking down on gang graffiti, cleaning up signs and buildings that have been spray painted.

They are also aggressively targeting people suspected of causing the damage.

Police say by being aggressive they can manage the gang-related activities and defeat them.

Today, the city's police chief went on the offensive.

Catherine Swit says she has a mission and a message for gang members.

And with increased law enforcement, cleaning solution, a brush and elbow grease she says she'll accomplish it.

"We're putting the heat on them. We're not going to allow you to be happy, doing this stuff in Cockrell Hill," she says.

Swit spent Memorial Day with her junior high school-age son Benjamin attacking the spray paint.

Recently some vandals started putting U.S. postal service stickers on signs, then painting over them.

There's a loophole in the law that reduces the charges.

The stickers are their way of getting out of a class B arrest if they get caught. With the stickers, it's only a class C arrest, a ticket.

Cockrell Hill officials say they're not only cleaning up the graffiti, they're dealing more aggressively with suspected gang members.

As Swit was cleaning the signs, a young man was briefly detained by police so they could question him.

The chief believes the 18-year-old may be responsible for much of the graffiti.

The chief says in a city the size of Cockrell Hill, it doesn't take much to get the word out to gang members that the police are cracking down.

It's an effort, she says, that will last well into the summer.

[TexasStooge]

Exclusive: Mom fighting ruling to end infant's life support

By MICHAEL GRABELL / The Dallas Morning News

Baby Daniel is nearly brain-dead. He cannot breathe without a ventilator. He cannot eat without a feeding tube.

And if his mother doesn't find another hospital, the doctors at Children's Medical Center Dallas will disconnect him from the machines and he will die. The hospital's ethics board has ruled that it would be futile and inappropriate to keep Daniel alive – despite his mother's wishes to try.

The child's fate could be settled after a judge hears the case Friday.

"Something deep down inside is telling me not to unplug my 10-month-old," said Dixie Belcher, Daniel's mother. "I know it's going to take him quite a while to pull out of this, but I know he's my little fighter, and he's got to pull through. He's got to pull through."

Part of the reason Ms. Belcher cannot bring herself to unplug her son is that she has been here before.

Fourteen years ago in a hospital room at Children's Medical Center, she says, she struggled with another doctor's recommendation to remove life support from her 5-month-daughter, Jamie, who also suffered breathing problems.

That time, Ms. Belcher consented. She can't do it again.

Daniel's situation is a poignant illustration of the complex yet delicate decisions that doctors, social workers and courts must make to determine not only when a child's life should end, but when motherhood does as well.

The case is complicated by the fact that Daniel is no longer in her custody – because of allegations of neglect – but in the care of the state.

In Texas, hospitals are not obligated to continue life support beyond 10 days after the ethics board has made its decision. The parent must find another hospital where the child can be transferred or seek a court order for more time.

That is what Ms. Belcher has done. Daniel was set to die May 21. But late on May 19, a Friday, a Dallas district judge issued a rare temporary restraining order, preventing the hospital from disconnecting him.

The case will be heard Friday. Children's Medical Center is not saying what it will do if the order is dismissed and no other hospital is found.

A difficult start

Daniel Wayne Cullen II was born in July, three months premature, weighing just 2 pounds, 6 ounces.

His lungs weren't fully developed, and he stayed in the hospital receiving oxygen treatment for his first four months. During that time, his airway narrowed, and doctors inserted a tube in his trachea to help him breathe.

Daniel – affectionately nicknamed "Fat Boy" by his mother – then lived for several months in a cramped Grand Prairie apartment where Ms. Belcher also cares for her ailing mother.

But on April 4, Daniel somehow pulled the tube out of his neck. He stopped breathing for several minutes, causing severe and, the doctors say, irreversible brain damage.

He has been at Children's Medical Center ever since, waiting for a decision from his doctors, who say he will never recover, and his mother, who says he responds only to her.

"I feel that my son knows I'm there," said Ms. Belcher, 37. "If anyone has kids they would feel that. And I know my son hears me. I know that."

Ms. Belcher says that when she holds him and calls him "Fat Boy," he will grip her fingers. The doctors tell her it is just his muscles contracting involuntarily.

"When the nurse gave him to me, his eyes were shut. I'm talking shut," she said. "And when she put him in my arms, I called him, 'Fat Boy! You better open those eyes up, boy!' And when he did, he opened his eyes just as wide as they would go, and the nurse didn't see it."

In the case of Ms. Belcher's daughter, Jamie, the doctors gave the infant some medicine to help her go peacefully, and Ms. Belcher held her, watching her first-born die.

Ms. Belcher says she sat in the room for two more hours, holding her daughter's lifeless body. She whispered to Jamie that she was God's angel before she was hers and that she was going home.

"I sat there a while with her," Ms. Belcher recalled. "It wasn't easy. I still haven't gotten over it. I haven't seen nobody for it. No help or nothing for it. I keep it all inside."

Ethical considerations

Children's Medical Center officials declined to discuss Daniel's case, citing medical privacy laws. But a letter from the hospital says that the ethics board met May 9, ultimately siding with the doctors' contention that there was nothing more they could do.

During such meetings, doctors, nurses and ethicists ask for the parents' wishes and discuss the patient's medical problems, what has been done so far and what could be done in the future, said Tom Mayo, a Southern Methodist University bioethicist. Mr. Mayo is co-chairman of Children's Medical Center's ethics board and helped write the state's futile-care law.

"Nobody likes to see parents suffering," he said. "These are the kinds of decisions, when you find yourself in opposition to the parents, that are extremely painful for them as well as for the physicians. ... But as a member of an ethics board, as difficult as those conversations are, keeping our focus on what is in the best interest of the child helps."

In end-of-life questions involving adults – such as the fiercely debated Terri Schiavo case last year – the issue often is what the patients would have wanted.

But since babies are too young to form opinions about how their lives should end, the question is not what the patients would have wanted – or what their parents want. Instead the concern is what is in the children's best interests. Mr. Mayo said that for the treatment to be ethical, the benefit must outweigh the burden.

Daniel's case also prompts debate about how the state decides when parenthood ends.

Daniel was placed in the temporary custody of Child Protective Services after he removed his tube. Because of that, Ms. Belcher cannot sit at his bedside in what may be his final days. His caseworker decides when she can visit.

"It was found that there was reason to believe that medical neglect and neglectful supervision of the child had occurred," said Marissa Gonzales, CPS spokeswoman.

The agency does not offer opinions in life-support cases if the parent's rights haven't been terminated, she said.

The CPS file raises questions about what Ms. Belcher was doing when Daniel pulled out his tube. A police detective said she told him she had gone outside to smoke a cigarette.

Ms. Belcher says she had just woken Daniel up and was in the kitchen preparing his rice cereal. She says she took good care of Daniel and closely watched his condition.

"I would make sure his crib was beside my bed, and I would put my hand through the bars of the crib and put my hands on him so I can feel him," she said. "That way, when my hand was on him, if anything did go wrong with him and he couldn't breathe, I could get up that quick."

On the day of Daniel's accident, the Grand Prairie detectives described a dirty apartment that reeked of smoke despite the boy's breathing problems and despite a sign on the door about his grandmother's oxygen machine.

On a nightstand to the left of the crib was an ashtray with five cigarette butts. Next to it were two packs of Marlboros. On the stove was a pot with meat and congealed grease. The sink was two-thirds full with baby bottles and nipples soaking in water that was cloudy, as if it had been there a while. Trash overflowed onto the ground.

"In the living area, I observed another filter that had been removed from the trachea that appeared to be stained the color of nicotine, leading me to believe that the child had been breathing in second-hand smoke," Detective Alan Frizzell wrote.

Slipping up

Ms. Belcher admits she has made mistakes. Torn between a sick child and a sick mother, she felt she had nowhere else to go.

"My mom was smoking," she said. "I always tried to go outside. I would take and have a pullover or another shirt on so the shirt I had on wouldn't smell like smoke. And I would wash my hands."

Ms. Belcher's history with CPS began in January 2004, when the agency investigated a complaint regarding an older son, James, now 8. The five referrals in Ms. Belcher's file often involved allegations of neglectful supervision but no complaints about physical abuse.

The callers accused the family of selling drugs out of the apartment. They complained that Ms. Belcher smoked cigarettes and marijuana in front of Daniel.

Ms. Belcher denies that. She said that family members were dealing once, but that she didn't know and left when she found out.

A review of police calls to the apartment since Daniel's birth shows no reports of drug dealing. And Ms. Belcher has never been charged with or convicted of a crime.

"The CPS people asked me if there's any way that I can leave [the apartment] so everything would be better for me and my kids," she said. "The baby's daddy was staying in a motel room at the time."

But the couple argued frequently, and Daniel Wayne Cullen Sr. walked out, she said. Mr. Cullen, who Ms. Belcher says is the father, did not return a call seeking his opinion on what should happen to Daniel.

Ms. Belcher also failed drug tests. On April 3, the day before Daniel removed his tube, she tested positive for cocaine. Ms. Belcher says she was stressed out and smoked some marijuana with a friend. She says she didn't know it was laced with cocaine.

Even before Daniel left Children's in November, the medical staff worried about Ms. Belcher's parenting ability.

"I have concerns that Dixie may not be able to care for Daniel to maintain his multiple medical needs," wrote Sally Adams, a pediatric nurse practitioner at the hospital's low birth weight clinic. "I consider Daniel to [be] high risk for his multiple medical problems regardless of his home and social situation or his mother's problems."

Awaiting resolution

Caring for Daniel was never easy, Ms. Belcher said, but she feels she did as good a job as any mother could do.

At the apartment last week, she flipped through the daily reports of a nurse sent to help her care for Daniel during his first month home. The reports say Ms. Belcher appeared able to take care of Daniel's medical needs, such as checking and cleaning his tube.

Ms. Belcher's attorney, the hospital and CPS are looking for another hospital that will treat Daniel, so far with little luck. But under state law, Ms. Belcher would have to pay for the transfer, which she says she can't afford.

For now, she is taking down Daniel's crib, to discourage herself from standing over it at night as if the child were still there.

"It still hurts knowing he's not home," she said. "I get up every night in the middle of the night, every hour on the hour, checking on him to see if he is OK, and then when I get up to his bed, it's like, 'Mom, wake up here. He's not here. You don't have him with you right now.' It hurts. That's why I'm taking down his bed.