BELLAIRE FILES LAWSUIT TO FORCE SLAIN TEEN'S FAMILY TO ACCEPT OFFER

The city of Bellaire has filed a lawsuit in state court to try to force the
family of a slain teen-ager to accept a settlement proposed during
mediation of a federal suit.

Noel and Rebecca Allen of Houston, parents of 17-year-old Travis Allen,
signed the $90,000 settlement on July 25 in the wrongful death suit they
filed in 1996. But two days later, the Allens and one of their lawyers,
Graydon Wilson, told U.S. District Judge David Hittner that the parents
were bullied into accepting the ostensibly meager sum by the mediator and
the opposing lawyers.

The mediator, M.A. "Mickey" Mills, and Bill Helfand, the attorney for
Bellaire and the two police officers who were sued, strongly denied the
charges. Helfand told Hittner the agreement should be enforced like any
other contract, but Hittner said a federal court does not have jurisdiction
to determine the validity of a contract between two parties who live in
Texas.

On Nov. 5, Hittner ordered the wrongful death case be delayed until a state
court resolves the settlement dispute.

Helfand said Friday that he hopes the state suit, which was filed Monday in
the court of state District Judge Pat Mizell, can be resolved before the
end of the year. Helfand also represents officers Michael Leal and Carle
Upshaw.

On Aug. 13, Mills, the mediator, told Hittner that Wilson urged the Allens
to sign the agreement after acknowledging he would have a difficult time
winning the federal suit.

Wilson said the Allens realized they did not want the proposed settlement
"probably within one hour of walking out of the (mediation) room."

He said there are several reasons the signed agreement is not valid:

Although it was signed July 25, the settlement said it would have to be
finalized by Bellaire City Council on Aug. 3. This meant it was not a valid
contract until Aug. 3, and the Allens withdrew their support of the
settlement on July 25.

The settlement was made on behalf of a third party who was not at the
mediation, Gracie Allen, the Allens' daughter. According to Wilson, Gracie
Allen rejected the settlement before the Aug. 3 council vote.

The language of the settlement was indefinite. One paragraph outlined the
terms of the settlement, while a later paragraph said if any disputes
arose, there would be further mediation.

Bellaire City Council violated Texas open meetings laws by conducting an
executive session prior to the mediation and discussing the settlement in
closed session Aug. 3 before voting on it in open session.

Helfand said Wilson's contentions are absurd.

Helfand said that according to state law, a contract is valid when "there
is a meeting of the minds," which occurred July 25.

He said Gracie Allen's name is not mentioned anywhere in the settlement. He
said the city later agreed to put the money that would go to the Allens
under a trust fund set up for Gracie, which he assumed was established to
avoid paying taxes on the settlement.

Wilson had accused Helfand of sending a letter to the Allens warning them
they might have to pay the attorneys' fees for the city and the officers in
the federal case if they lost. Helfand said he always advises adversaries
in legal proceedings that they may have to pay his fees if he feels their
claims are without merit.

Helfand said the real tragedy in the contract dispute is that under Texas
law, the Allens will have to pay the attorneys' fees if they lose. He said
if this happens, as much as $20,000 could be deducted from the $90,000
settlement.

Travis Allen was on drugs when he smashed through the patio door of a
Bellaire home in the 4400 block of Acacia about 1:10 a.m. July 15, 1995.
The teen-ager was injured and bleeding on the floor when police responded
to an intruder call from the homeowner, the Allens contend.

The family said Upshaw's foot was on the teen's back, immobilizing him,
when Leal fired two shots into the boy's back. A grand jury declined to
indict the officers on any criminal charges.

Helfand said Friday that the Allens received a $108,000 settlement this
spring in a state lawsuit they filed against Sharon Reed, the owner of a
house where Travis attended a party the night he was shot.

Checked-by: Joel W. Johnson