Stay of Execution for Swearingen
On Jan. 26, the 5th U.S. Circuit Court of Appeals stayed the execution of death row inmate Larry Swearingen, who a handful of forensic pathologists now say could not have committed the 1998 murder of Melissa Trotter in East Texas. The pathologists, including former Harris Co. Chief Medical Examiner Joye Carter, who testified at Swearingen’s trial, now say that Trotter was likely killed on a different date than Carter originally thought, meaning Swearingen, who was then in jail, could not have committed the crime. Trotter disappeared from Montgomery County Community College on Dec. 8, 1998, and was seen with Swearingen that day. Her body was discovered on Jan. 2, 1999. At Swearingen’s trial, Carter testified that Trotter was strangled and raped the same day she disappeared. But Carter now says she made a mistake and that the condition of Trotter’s body suggests she was killed later, closer to the date she was found. If that’s the case, Swearingen could not have committed the crime because he was in jail, having been arrested Dec. 11 on outstanding traffic warrants. The 5th Circuit ruling clears the way for Swearingen to pursue another appeal. – Jordan Smith
Architecture to the People
Newly formed “community action group” Design Voice, sponsored by the American Institute of Architects-Austin, HousingWorks Austin, and Real Community Austin, is finally lighting a fire of activism at the local AIA chapter. Architect Eva Schone said she’s excited about organizing participation in a national program (run by Public Architecture) in which design professionals donate their services to projects, such as affordable housing, that benefit the community. She also hopes to offer additional creative input to the city of Austin on public design issues. In Austin’s peer cities, the AIA has been an important advocate for better public policy and urban planning and design; that voice has been sorely missed here. Find out how loud Design Voice will shout at a kickoff meeting Thursday, Jan. 29, 6-8pm at the Center for Architecture, 801 W. 12th. – Katherine Gregor
The Haps with the Dap
Austinites had a chance to shape the developing Downtown Austin Plan this past week. ROMA Austin and economic development consultant HR&A Advisors held three stakeholder meetings Jan. 26 to gather input on the proposed Northwest, Uptown, and Core districts, with a particular focus on the issues of affordable housing and density bonuses (additional height allowances and other entitlements awarded to developers in exchange for providing public benefits). Then on Jan. 27, HR&A’s John Alschuler talked to affordable-housing advocates and others about how density bonuses could help create affordable housing Downtown. Stakeholders asked for further data and recommendations on how a new rail transit system could help solve housing issues, by allowing the Downtown work force to live and commute more affordably in surrounding neighborhoods. Alschuler told the crowd his team would dig in to that issue. In March, look for a town hall meeting for all Austinites. Final recommendations should go to boards and commissions in March and April; council could receive a presentation by the end of April. Unfortunately, the city is not updating the DAP website at www.downtownaustinplan.org (all info there is now a year old), making it hard for the community to readily follow the latest DAP news and stakeholder meetings.
– K.G.
Mixed Use Over the Aquifer
Another test-case PUD coming to council today (Jan. 29): Wildflower Commons. The proposed southwest Travis Co. mixed-use development has stirred much controversy – outcry from the environmental community, a positive recommendation from city staff, a much-debated endorsement from the Oak Hill Association of Neighborhoods, and concern from council members. (Some of them got an early look at the proposal, from the developer’s representative.) The site is located in the environmentally sensitive Edwards Aquifer recharge zone, at MoPac and State Highway 45 South. The 37-acre project on a 265-acre site would include a 100,000-square-foot supermarket, a shopping center, restaurant and office space, and 550 condos and townhomes. The developer is offering to transfer more than 100 acres of the site to the Hill Country Conservancy, in part for the Walk-for-a-Day trail project. Attorney Steve Drenner, who represents Wildflower Commons LP (I and II), was the 2008 president of the Hill Country Conservancy. The proposal raises serious land-use and city-policy questions: Should we encourage “town center” development at such a far-flung site? Or should the city allow it only to fill a need in nearby Oak Hill – if at all? Would the project increase or decrease vehicle miles traveled? This tough call by council will be closely watched. – K.G.
Bill to Ban Underage Phoning
Texting teens beware: State Rep. Solomon Ortiz Jr., D-Corpus Christi, has introduced House Bill 662, barring drivers under 18 from using the phone without a hands-free device. He explained, “The research is clear that using a cell phone or texting greatly increases your risk of being involved in a crash.” The bill is one of several dealing with phones in cars, including Laredo Democrat Sen. Judith Zaffirini‘s Senate Bill 51, which would ban texting while driving, and HB 220 by Rep. Jose Menendez, D-San Antonio, which would completely ban driving and phoning without either a speakerphone or hands-free set. Sen. Jeff Wentworth, R-San Antonio, introduced a similar outright ban last session with support from the Department of Public Safety Officers Association, but it faltered after opposition from Sprint Nextel and amateur radio enthusiasts. Menendez has also filed the more modest HB 219, which bans wireless communication in school zones. – R.W.
St. Ed’s Cross Country in Peril
Following the news that University Interscholastic League events such as the Track & Field Championships might be hosted by different cities every year instead of being held exclusively in Austin (see “Bill Would Rotate UIL Events Out of Austin,” Jan. 16), there’s now more trouble on the local track-and-field scene. Members of the St. Edward’s University cross country team were notified Jan. 15 that their program was being discontinued. According to St. Ed’s Director of Communications Mischelle R. Diaz, four factors would have to have been met for the program to continue: “committed athletes, an experienced coach, a complementary track and field program, and a track and field facility (likely to cost $5 million or more).” St. Edward’s has “committed to honor [the athletes] financial aid – until 2012 in some cases,” Diaz wrote in a press release. “And we are creating a club sport for running so these athletes, as well as others, can continue to enjoy their sport.” Apparently “committed athletes” aren’t the problem – student/athlete Daniel O’Dwyer and his teammates have started a petition to save the doomed program. The petition has almost 300 signatures so far. See it online at www.petitionspot.com/petitions/saveseucc. – Mark Fagan
This article appears in January 30 • 2009.