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Vol. 19 / Nov. 11, 2014 / No. 13 / (View Other Issues)
This edition of the California Legal Update is dedicated to the memory, and in honor of:
Ventura County Sheriff's Deputy Eugene Kostiuchenko;killed in the line of duty by a drunk driver on October 28, 2014; and
Pomona Police Department SWAT Officer Shaun Diamond;murdered in the line of duty on October 28, 2014.
"Always remember that you are absolutely unique; just like everyone else." (Margaret Mead)
As has been well-publicized, Proposition 47 was passed by the electorate and, as of November 5, is now law. In short, Prop. 47 converts certain felonies into misdemeanors, with limited exceptions, and creates a new misdemeanor crime of "shoplifting." To list all the changes effected by this Proposition would eat up an entire Update, and then some. So instead, I'm taking the easy way out by merely referring you to the excellent Training Bulletin published by the San Diego Sheriff's Department which you can find at http://www.sdsheriff.net/legalupdates/docs/prop47.pdf. If this link doesn't work for you, let me know and I'll send it to you. This bulletin, which appears to be about as thorough and precise as you're going to find at least for law enforcement purposes, was authored by San Diego Sheriff's Deputies Michael Cruz and Michael Pepin. My suggestion is that if you're a patrol cop, you copy this and stick it into your back pocket for easy reference. However, when the difference between a felony and a misdemeanor depends solely upon the suspect's prior convictions, it might be best to let the District Attorney figure that out when we can get verification of the guy's full criminal history. In response to questions I've already received and that aren't covered in the Sheriff's Training Bulletin, you should also know that persons already convicted of one of the listed felonies may "petition" (if still in custody) or "file an application" (after the sentence is served) to the sentencing court for a reduction to a misdemeanor. (P.C. § 1170.18(a) & (f)) The former requires an evidentiary hearing and is anything but automatic, with the court given the discretion to deny the petition if "the petitioner would pose an unreasonable danger to public safety." (subd. (b)) The latter will most often be summarily granted. (subds. (g) & (h)) However, for purposes of "own(ing), possess(ing), or having in his or her custody or control any firearm," the individual in either case is still considered to be a convicted felon. (P.C. § 1170.18(k))
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Rule: The "malice" necessary to prove a charge of attempted dissuading of a victim or witness, per P.C. § 136.1, includes an intent to thwart or interfere in any manner with the orderly administration of justice.
Facts: Defendant got into a physical altercation with Farakan Khan and three other individuals, resulting in defendant punching one of Khan's friends in the face and breaking out the windows to Khan's car with a baseball bat. As result, defendant was charged in state court with four counts of assault with a deadly weapon, a count of felony vandalism, and misdemeanor battery. The day before the scheduled preliminary examination, defendant approached Khan at Khan's mosque and apologized to him about the incident. He also told Khan: "We're both Muslims. That if we could just settle this outside the court in a more Muslim manner family to family, have our families meet and settle this out of court and not take this to court." Khan reported this conversation to the prosecutor the next day and asked if the criminal matter couldn't be handled in another way. He also indicated that while he'd seen defendant before at various mosques, he'd never seen him at his (Khan's) mosque. Khan said that he understood defendant's request to be for him not to testify, but rather that they handle the matter out of court. Although it was never claimed that defendant had threatened Khan, nor did defendant specifically demand that Khan refrain from testifying, the prosecutor added a count of felony attempting to dissuade a witness by using force or threat of force, per P.C. § 136.1(a)(2) & (c)(1). Defendant waived his right to a jury trial and the case was heard by a judge. Defendant testified that while he did in fact talk to Khan at the mosque, it was not with the intent to persuade him from going to court or testifying. The trial judge found defendant guilty of one count of ADW, felony vandalism, and certain enhancements. As for the attempt to dissuade count, the Court found defendant guilty, but only of a misdemeanor attempt to dissuade; i.e., without the use of force or threat of force. Defendant appealed from his two-year prison sentence.
Held: The Second District Court of Appeal (Div. 7) affirmed. On appeal, defendant argued that the attempted dissuading charge, even though reduced to a misdemeanor, was not supported by the evidence. P.C. § 136.1(a)(2) provides, in pertinent part, that it is a crime for one to "[k]nowingly and maliciously attempt to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law." This is a "specific intent" crime; i.e., done with the intent to affect or influence a potential witness or victim's testimony or acts. The circumstances in which a defendant's statement is made, and not just the statement itself, must be considered. But even an ambiguous statement may come within the section's prohibition if it may reasonably be interpreted as intending to achieve the future consequence of dissuading the witness from testifying. Defendant, while acknowledging that he asked Khan to settle the matter informally, using Muslim custom, he denied an intent to persuade Khan not to go to court or to refuse to testify. The trial court didn't believe him. To be illegal, such an attempt to dissuade must be both "knowing" and "malicious." The Appellate Court concluded that given the timing of the conversation (i.e., the day before the prelim), the location (i.e., at Khan's mosque where defendant had never been seen before), and the fact that Khan himself interpreted defendant's statement to be a request that he not testify, all support the trial court's conclusion that the attempt was "knowing." While the issue of "malice" was a closer question, the Court found that there was also sufficient evidence of this element to support defendant's conviction. "Malice," for purposes of the dissuading statute, is defined in P.C. § 136 as requiring either (1) "an intent to vex, annoy, harm, or injure in any way another person," or (2) "to thwart or interfere in any manner with the orderly administration of justice." Looking at the legislative history of the section, there was some debate by legislators about how broad an application the word "malice" should be given. Ultimately, it appears that the Legislature envisioned a relatively broad application of the term. Recognizing this, the Court found here that while there was no evidence of an intent to vex, etc., the intent "to thwart or interfere . . . with the orderly administration of justice" was supported by the evidence. Defendant was therefore properly convicted of the attempt to dissuade charge.
Note: In my front-line prosecution days, I always took great pains to insure that my victims and witnesses were not subject to intimidation, but (secretly) loved it when it happened, at least when I could tie the threats in some way to the defendant himself. Efforts to dissuade witnesses from testifying, whether or not separately charged, make for dynamite evidence of the defendant's guilt and really piss off jurors, not to mention the sentencing judge. So, as prosecutors and cops, we need to vigorously protect our victims and witnesses. That goes without saying. And we should never hesitate to use this "consciousness of guilt" evidence against a defendant when at all possible.
Rule: An in-custody defendant's volunteered statements made in response to law enforcement's comments that were not reasonably expected to elicit an incriminating response, and thus not an interrogation, do not require a Miranda admonishment and waiver.
Facts: On January 12, 2002, John McMillian picked up Marylin West when she got off from work, intending to take her out to dinner. He took her to her apartment in the Wilmington area of Los Angeles first, however, so she could change out of her work uniform. He waited in the car while West went inside to change. At about 9:30 p.m., West walked back outside towards the car. On the way she was intercepted by defendant who followed her, asking her name, who the man in the car was, and where they were going. Although defendant was wearing a hooded sweatshirt, the walkway was well lighted and she could see his face clearly. West recognized him as someone she'd seen in the apartment complex five to ten times before and had spoken to him briefly on occasion. As they neared McMillian's car, a second Hispanic male joined them. When they got to the car, defendant turned his attention to McMillian, asking him where he was from and if he "gang-banged." West was prevented from getting into the car by defendant standing in the way although he'd opened the door himself. Defendant and the other male "interrogated" McMillian for some five minutes as West pleaded with them to leave them alone. Meanwhile, a group of about fifteen Hispanic males gathered around the car. An older man from the group was heard to say something like, "Don't do it." But defendant wasn't to be dissuaded, producing a gun and shooting McMillian in cold blood. The victim died at the scene. West identified defendant from a photographic lineup, resulting in his arrest several months later. He denied being the murderer, claiming to have been 100 miles away at the time and that West had mistakenly identified him. Defendant was charged with first degree murder. During trial, after Marylin West's testimony, the court took a morning recess. The bailiff, Sheriff's Deputy Donald Moore, escorted defendant out of the courtroom and back to a lockup cell. On the way there, Deputy Moore asked defendant if he was going to testify. Defendant told Moore that he had an alibi but that his attorney didn't want him to use it. For the next 45 seconds to a minute, no one spoke. Upon reaching the landing at the top of the stairs, defendant renewed the conversation by asking Moore "what (he) thought about West's testimony." Deputy Moore responded that he "thought she was nervous and that (the defense) attorney tripped her up a little bit." To this, defendant "immediately blurted out that 'the bitch couldn't recall anything. She opened the door, we didn't'—excuse me—'she didn't open the door, we did.'" Although not sure whether defendant had said that "she" or "we" opened the door (either version of which put defendant at the scene), Deputy Moore wrote down his recollection (i.e.; that "she didn't open the door; we did"). Deputy Moor later claimed that the only reason he asked defendant whether he was going to testify was to help gauge how long the trial was going to take. He also said that talking to prisoners helped him understand how they might react in court, for "security purposes." Defendant, although admitting having had a conversation with Moore about what West testified to concerning the car door, denied that he'd told Moore that it was he (defendant) who had opened it. Over defendant's objection (despite admitting that the conversation between defendant and Deputy Moore was essentially a "consensual, non-interrogation style encounter"), Deputy Moore was allowed to testify to defendant's statements. Defendant was convicted of first degree murder and sentenced to prison. His conviction was upheld on appeal. He then filed a writ of habeas corpus, specifically challenging the admission of Deputy Moore's testimony as a violation of his rights under Miranda v. Arizona (1966) 384 U.S. 436. The writ was denied by the California state courts, and then by the federal district court. Defendant appealed the district court's ruling to the Ninth Circuit Court of Appeal.
Held: The Ninth Circuit Court of Appeal affirmed. The issue contested by defendant was the admissibility of his admission to Deputy Moore about who opened the car door, putting him at the scene of the murder and corroborating Marylin West's ID of him as the shooter. The legal proof standards on appeal of the denial of a writ of habeas corpus is (1) whether the state appellate court's decision on direct appeal was an unreasonable application of federal law, as clearly established Supreme Court precedent, or (2) whether the state appellate court's decision rested on an underlying unreasonable determination of fact. The Court ruled here that neither test required reversal in this case. The legal basis for challenging the trial court's admission of Deputy Moore's testimony was defendant's argument that it violated Miranda v. Arizona; i.e., as an un-Mirandized interrogation of defendant. For Miranda to apply, it must be found that defendant was both in custody at the time and that he was "interrogated," as that term is defined by Miranda's progeny. It was undisputed that defendant was in custody. It was also stipulated that Moore did not Mirandize defendant. California's courts (trial and appellate) held, however, that the conversation between defendant and Deputy Moore was not an "interrogation." An "interrogation" is legally defined as "any words or actions on the part of the police . . . that the police should know are reasonably likely to elicit an incriminating response from the suspect." Volunteered statements of any kind are not typically the product of an interrogation and are therefore not barred by the Fifth Amendment. Here, Deputy Moore first asked defendant if he intended to testify. The Court found this to be "a neutral question which called only for an equally neutral answer." It was therefore not unreasonable for the California trial judge, as upheld by the California Court of Appeal, to find that such a question was not one a reasonable person would have expected to elicit an incriminating response. The second conversation, on a whole different topic (i.e., what Deputy Moore thought of Ms. West's testimony), was initiated by defendant himself. Also, there was nothing about Deputy Moore's response that one would reasonably have expected to elicit defendant's incriminatory response that it was he, and not West, who opened the car door on that fateful night. The Court also rejected defendant's arguments that his "youth" (19 years old), the timing of the conversation (i.e., during the "heat of trial,"), the physical setting (in a jail, where he was "isolated, handcuffed, and alone"), or the fact that defendant himself could have interpreted Moore's question as one likely to elicit an incriminating response, were relevant. The issue was the reasonableness of the California Court of Appeal's decision on this issue. Ultimately, "the California Court of Appeal was not 'unreasonable' in its determination that there was no 'interrogation' and that Hernandez's inculpatory diatribe as to West was volunteered." Deputy Moore's testimony, therefore, was properly admitted into evidence.
Note: This really didn't appear to be a close issue, the defendant having lost on this argument in four separate courts, state and federal. But aside from the rule of law described here (i.e., that volunteered statements do not require a Miranda admonishment nor waiver to be admissible), this case is important for two more reasons: (1) Crooks are as a general rule stupid and will often hand a conviction to the prosecution mid-trial. (2) Jail deputies and other employees need to stay alert and listen for incriminatory comments by defendants in their custody, be ready to report it, and willing to testify about it. Incarcerated defendants tend to let their guard down. And despite the fact that jail deputies, particularly those who develop a rapport with their prisoners, are in a unique position to collect and report some very incriminatory information, conversations like the one in this case too often go unreported. Jail personnel tend to ignore such evidentiary windfalls for reasons that are sometimes unexplainable. Prosecutors need to be alert to this phenomenon and sometimes take it upon themselves to go looking for such evidence.
Rule: Having been the victim of "Human Trafficking" in the past does not provide the necessary "causal connection" to excuse commercial sexual activity not related to the sexual exploitation of another.
Facts: Defendant, a 17-year-old minor, solicited undercover Los Angeles Police Officer Roberto Morales on January 31, 2013, to commit a sex act for money. At around 5:40 p.m., Officer Morales observed defendant talking with a pedestrian on a street corner in an area known for prostitution activity. Another officer told Officer Morales that defendant had been seen trying to attract the attention of lone males in vehicles for about five minutes. Officer Morales drove his car up to defendant, making eye contact with her. Asking if she wanted a ride, she said that she didn't, but wanted to know if he needed "a date;" a term commonly used by prostitutes. Officer Morales said that he did. She asked him if he was a cop, and he said "no." At Morales' invitation, defendant got into his car. After asking Morales what he wanted, they eventually negotiated an act of oral copulation in exchange for $60. Morales arrested her for soliciting an act of prostitution, per P.C. § 647(b). A petition was filed in Juvenile Court alleging the 647(b) violation. In a contested hearing, defendant moved to dismiss the petition and to exclude the evidence relating to her engaging in a commercial sex act, arguing that as a victim of human trafficking, such evidence is inadmissible pursuant to the "Californians Against Exploitation Act" ("CASE Act") and Evidence Code § 1161(a). In support of her motion, defendant testified to being the victim of forced sex acts since the age of 3, when her father raped her. She testified to having been forced into prostitution by a series of approximately 10 exploitive and abusive pimps since she was 14 years old, and how she'd had two abortions during that time period. However, she also admitted that she hadn't been under the control of any pimps since November, 2012. On the date of this offense, she testified that she was living with her grandmother who provided her with room and board. She was on her way to enroll in school, intending to later meet her sister for lunch. When she saw Officer Morales circling the area, she "just decided that (she) could do whatever he wanted really quick" as a means of putting some "money in (her) pocket because (she) didn't have any money." The Juvenile Court judge denied defendant's motion and sustained the petition. The court ruled that at the time of this offense, she was acting as an "independent contractor," and not at the behest of a pimp, and that Evid. Code §1161 did not apply to her under these circumstances. She was declared to be ward of the court pursuant to W&I § 602. Defendant appealed.
Held: The Second District Court of Appeal (Div. 4) affirmed. The CASE Act, approved by voters in November, 2012, was directed at the problem of the sexual exploitation of minors, which the Act refers to as "Human Trafficking," a modern-day form of slavery. The Act declares that thecrime of "human trafficking" applies to "[a]ny person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of [various listed sexual crimes]." (P.C. § 236.1(c)) A "commercial sex act" is defined as "sexual conduct on account of which anything of value is given or received by any person." (P.C. § 236.1(h)(2)) A part of the Act includes the enactment Evidence Code § 1161, which, in subd. (a), states that: "Evidence that a victim of human trafficking . . . has engaged in any commercial sexual act as a result of being a victim of human trafficking is inadmissible to prove the victim's criminal liability for the commercial sexual act." Defendant argued that as a victim of human trafficking, these provisions prohibited the use as evidence her contact with Officer Morales. The Court disagreed. To accept defendant's argument would be to provide victims of human trafficking with a blanket immunity for the commission of commercial sexual acts, regardless of whether there was any specific "causal connection" between their victim status and the particular commercial sex act at issue. The CASE Act was not intended to be applied so broadly. Evid. Code § 1161(a) clearly requires such a "causal connection." The causal relationship between the defendant's previous status as a victim of human trafficking and the particular commercial sex act at issue requires, by definition, that the defendant had been "cause(d), induce(d), or persuade(d) . . . to engage in a commercial sexual act." (P.C. § 236.1(c)) Here, defendant was not induced to solicit Officer Morales by any other person, but was rather motivated to do so to put money in her own pocket. So while she may have been the victim of human trafficking at one time, there was no "causal connection" between her status as such and her particular act here. "The evidence thus supports the conclusion that (defendant) did not solicit prostitution in this instance 'as a result of being a victim of human trafficking.'" The juvenile petition was property sustained.
Note: To accept defendant's argument here would be to recognize that because she was induced at one point in her life (or over some 3 years) to be a prostitute, she was forever after condemned to such a lifestyle. Such a theory makes it far too easy for each of us to expect forgiveness for our misdeeds under the theory that we're incapable of seeing the error of our ways, and to change. It certainly shouldn't be allowed to be used as an excuse for committing new criminal acts. ("It ain't my fault. Mama wasn't nice to me when I was a child.") And while Human Trafficking is indeed a serious problem, giving its victims a lifetime pass isn't going to cure it. Good case for making that point.
Rule: The threat made pursuant to P.C. § 422(a) does not necessarily have to be directed to the intended victim.
Facts: David Smith woke at 4:00 a.m. one morning at the sound of a large truck backing up his driveway. Defendant jumped out of the passenger seat of the truck and ran up to Smith's dirt bike that was parked under Smith's bedroom window, and started to drag it away. Smith ran outside and got into a tug-of-war over the bike, with Smith yelling at defendant several times to "drop the bike." Smith's German Shepard dog followed him outside. Seeing the dog, defendant yelled "at the top of his lungs:" "Shoot him; shoot him; shoot the dog!" Defendant yelled this six to ten times. This brought the driver out of the truck who raised his arm and pointed what "looked like a gun" at Smith's stomach. Seeing this, Smith ran back into his house, telling his wife to call 911. Smith also yelled that he was going to get his own gun. Defendant and the driver hurriedly threw the bike onto the back of the truck and left. A few days later, the bike was recovered from a third party who told police that he'd bought it from defendant for $500. This led to a photographic lineup in which Smith identified defendant. Defendant was charged in state court with carjacking (P.C. § 215(a)), auto theft (V.C. § 10851(a), and making a criminal threat. (P.C. § 422), with firearm allegations (P.C. § 12022(a)(1)) attached to all counts. Convicted on all counts (minus the firearm allegations), and with the trial court finding a prior serious felony conviction, defendant was sentenced to prison for a healthy 23 years. He appealed his conviction on the criminal threat charge only.
Held: The Fifth District Court of Appeal affirmed. On appeal, as he did in the trial court, defendant argued that there was insufficient evidence to support his conviction for making a criminal threat, per P.C. § 422(a). Section 422(a) provides in pertinent part: "Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, . . . is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, [5] immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, . . " is guilty of a felony. Defendant contends he was improperly convicted of making criminal threats because he did not "direct" the alleged threat to the victim, Smith. Defendant's comment was not "directed" to Smith, but rather to the driver of the truck, as evidenced by his use of the third-person pronoun, "him." (E.g., "Kill him," directed to a third person, as opposed to "I'm going to kill you," directed to the intended victim.) This, the Court held, is irrelevant. Section 422 contains no exceptions to liability for threats that are technically addressed to third parties (the driver, in this case). Instead, it requires merely that a defendant intend "the statement … to be taken as a threat" by the victim. A defendant may harbor such intent even though he was channeling the threat through someone other than the intended victim. The real issue is whether defendant intended his "statement . . . to be taken as a threat" by Smith, not whether the threat was addressed to him. Here, it was apparent that defendant made the threat intending to scare Smith into retreating with his dog so defendant could steal the bike and escape. That's sufficient to prove a violation of section 422(a).
Note: In a footnote (#2), the Court also rejects defendant's contention that section 422 requires a "conditional threat." (E.g., " . . . or else.") Not sure where defendant got that from. The section specifically requires that the threat be "unequivocal, unconditional, [5] immediate, and specific." The Court also noted in the same footnote that the jury could well have found that defendant's threat alone put Smith in "sustained fear," as required by the section, even if when the driver emerged with an apparent gun the "pucker factor" (my words, not the Court's) might have even become more sustained. Historically, the Courts have given P.C. § 422 a broad interpretation. This case continues that trend, although when you think about it, defendant's arguments were all pretty ridiculous. But it's good to have an appellate court decision, in writing, putting these potential issues out of their misery.
Rule: Trespass, per P.C. § 602(m), requires a non-transitory continuous type of occupancy with some degree of dispossession and permanency. Being present at the scene of a vandalism without any evidence to show that a person aided and abetted in such vandalism, or that the vandalism was a natural and probable consequence of a conspiracy, is insufficient to prove one's guilt for the crime of vandalism.
Facts: On December 17, 2011, the clubhouse at a condominium complex in Vista (northern San Diego County) was locked up for the night by the president of the condominium homeowners association. The clubhouse consisted of a recreation room, a kitchen, and two bathrooms. The bathrooms, with one having an outside access door, were kept locked, being available to residents and their guests only. The following day, it was discovered that both bathroom doors had been kicked open, leaving the doorjambs splintered, and the place "trashed." DNA led to the arrest a year later of Y.R., a female juvenile. Being interviewed by Detective Robert Forbes of the San Diego County Sheriff's Department, she admitted that she and her boyfriend, Ricardo, had broken into the clubhouse that night. According to Y.R., she and Ricardo used the Clubhouse to meet in that their parents didn't like them hanging out together. They would meet in the clubhouse for several hours at a time, "and talk." (Yeah, right.) On the night in question, Y.R. told Ricardo that she was cold. So while she was talking to someone on her phone, she heard a crash and saw that Ricardo had broken open the outside bathroom door. She claimed that she didn't know that he was going to do that. Ricardo then broke open a door to the second bathroom, giving them access to the clubhouse. They hung out for several hours during which time they used the kitchen. She also turned on the shower in one of the bathrooms to generate a little heat from the steam. The San Diego County District Attorney's Office filed a petition in Juvenile Court alleging that Y.R. had committed a felony vandalism (P.C. § 594(a) & (b)(1)) and unauthorized entry to property (P.C. § 602.5(a)). At the adjudication hearing, Y.R. testified to a story consistent with what she'd told Detective Forbes although she claimed now that she didn't want to enter the clubhouse but did so at Ricardo's insistence. She reiterated that she did not see Ricardo break open the first door and was surprised when he did so. She also claimed that she didn't see him break open the second door. She denied telling Detective Forbes that they used the kitchen although she admitted that they planned to cook there sometime. Following the adjudication hearing, the Juvenile Court Judge found the vandalism allegation to be true, although he later reduced it to a misdemeanor. At defense counsel's request, the judge also amended the trespass violation to P.C. § 602(m), to "conform to the proof," and found that allegation to be true as well. Y.R. was declared to be a ward of the court and put on probation. She appealed.
Held: The Fourth District Court of Appeal (Div. 1) reversed. On appeal, Y.R. argued that the evidence was insufficient to prove either a P.C. § 602(m) trespass, or that she herself had committed a vandalism. As for 602(m), that section provides that a person commits misdemeanor trespass by "[e]ntering and occupying real property or structures of any kind without the consent of the owner, the owner's agent, or the person in lawful possession." The issue here was what "occupying" means. The legislative history and the case law is clear that to occupy real property under this section, more than just a transitory occupancy is needed. The word "occupy" was intended by the Legislature "to mean a nontransient, continuous type of possession" with "some degree of dispossession and permanency." Camping out overnight has been held to be insufficient for purposes of this section. (See People v. Wilkinson (1967) 248 Cal.App.2nd Supp. 906.) Certainly then, "hanging out" for a couple of hours is insufficient. "Had the Legislature intended to prohibit mere transient possession of a property, it would have used a verb such as 'be, remain, loiter, tarry, camp [or] stay' in lieu of 'occupy.'" (Wilkinson, at p. 910.) In this case, Y.R. and Ricardo made only transient use of the clubhouse. Such a short stay does not constitute "occupying" for purposes of section 602(m). The fact that Y.R. and Ricardo may have asserted some sort of "dominion and control" over the bathrooms, or even "trashed the place" in the several hours they were there, does not make up for the lack of permanency that section 602(m) requires. Y.R. also challenged the sufficiency of the evidence to support the Juvenile Court's finding that [13] she committed vandalism. Here, the prosecution proceeded on a conspiracy theory to support a true finding that Y.R. committed vandalism; the vandalism being a "natural and probable consequence" of the conspiracy. However, conspiracy requires proof of a specific intent to commit some "target offense." The target offense for the alleged conspiracy in this case was the alleged trespass. And as noted above, the evidence was insufficient to prove a trespass. So without any target offense, there can be no conspiracy. The evidence as presented showed that Ricardo committed the vandalism with no substantial evidence showing that Y.R. had aided and abetted in such an offense. While the Juvenile Court may not have believed Y.R. in her denials that she participated in, or even had any prior knowledge of, a vandalism, the Court here did not find the necessary "substantial evidence" to support the argument that Y.R. aided, promoted, instigated, or encouraged Ricardo to break open the doors. Therefore, the evidence was legally insufficient as a matter of law to show that Y.R. had committed the offense of vandalism. The Court, therefore, reversed the Juvenile Court's true finding as to both charges.
Note: There didn't appear to me to have been a lot of preparation time put into the prosecution of these offenses. The trespass as originally charged; i.e., a P.C. § 602.5, is a residential trespass section and clearly not applicable to non-residential structures, such as a condominium complex clubhouse. And letting the defense attorney get away with encouraging the trial court to change that charge to P.C. § 602(m), when the case law is so clear that the section doesn't apply to a transitory trespass, shows a lack of research on someone's part. Also, it was clear that there really was no evidence to show that Y.R. participated in, or even aided or abetted in, the commission of the vandalism of the clubhouse unless there was some expectation that the prosecution was going to have the benefit of Ricardo's testimony. Being present at the scene of a crime may certainly raise your suspicions, but isn't enough by itself to convict. Her denials that she knew what was going on without any evidence to show to the contrary, other than her presence, is built in reasonable doubt. While I don't always trust an appellate court judge's rendition of the facts, this decision was written by Justice Richard Huffman, whose reputation for honesty, integrity, and intelligence, is beyond reproach. This case really should never have been filed.


text:
What play to our mirrors
Coming to for our peers
Gains a perfect little show
Moved to smiles and tears.
We cannot drop this act
Because of love- the fact:
That we are truly ourselves
Only inside of our house.
Midwestern Poetry, By Terry Scott Niebeling
What play to our mirrors
Coming to for our peers
Gains a perfect little show
Moved to smiles and tears.
We cannot drop this act
Because of love- the fact:
That we are truly ourselves
Only inside of our house.
Minus an hour,
Gained moonlight;
In the cold wind that blows,
Under moonlit skies.
Trees spoke to shadows—distant,
As the wind rustled
Through long hung dried leaves.
-A paper-rattle crescendo.
Night fell in the Fall;
With these empty halls, abandoned stairs, to exit doors freely.
What a season came in,
What off cry sustained.
Ripping down a sign
Out of angst and pure passion;
Having changed a mind,
Put meaningful words to action.
We leave this life as flit of butterfly
When we endure beyond our purpose;
Aloof words come by which materialize,
We are left stoical, still, and wordless.
I recall the smell of fish from the brown water
And white caps rising high—
Brown, dirty… undulating—
Ducks stood in speckled sands,
Trash mixed rock…
And a cloud passes overhead
Casting a new shadow;
Ducks waddle under the dock,
And below they quack.
And I see boats
Moving across the River,
And waves,
And I see that water
Has been moving past.
Inspired by Frank Herbert's Dune: (source: Unbroken Thread): One of Gurney Halleck's Tone Poems for Sad Times
What we do,
and fate,
shapes the lives
that we make.
One is made pragmatic by experience;
A grave man
Speaks grave words
Of which the living cannot hear.
I would not spend $50,000 to buy shit.
Old-time orthodox tradition;
If fish didn't kill themselves
By swimming out of water
We wouldn't have cellphones.
Relative relations wouldn't spring so fast on advantage.
Men wouldn't stand on two legs,
Or breathe the thin air.
Or Fuck or Fight,
Or even care.
Modern times,
What is art for?
Based on rhymes,
Behind closed doors.
And then they tell us to read:
Edgar Allan Poe,
Where "Lawyer" isn't even a Word…
-Small town folk,
With small town ideals.
Maybe I'm joking,
Maybe I'm ForRealz.
I argue,
The same;
Because I am
Cut from the same cloth.
Then they tell us to fit in this:
I was merely stuck in a book,
You merely read some words.
If things weren't going for me
I'd probably too act on urge.
Now, how does one do the first part again?
We live in warm beds,
We comb hair on heads.
We light smokes,
We tell new dirty jokes.
Standing in shambles,
In the sun-
Avoiding preamble,
Damage is done-
Rambling on,
-Sweet sad song.
On this;
-Waiting for a kiss.
Crunch of crisp autumn apple;
Intensity was at tenfold ample.
Camped on thought-
Completely lost…
Blood Moon coming soon, a forewarning,
And after that one must survive morning.

subset: commoncrawl


text:
Gala Dinner + Auction
Friday, February 20, 2015
The Fairmont Hotel Vancouver
900 West Georgia Street
5:45-11:00 pm
Single tickets: $395Table of eight: $3160
The centrepiece of the Vancouver International Wine Festival and one of the
most spectacular events in the city. A must for any serious wine
collector: The evening provides an unparalleled opportunity to enhance your wine
cellar through auctions of rare, valuable and unusual wines, donated by some of
the worlds top winemakers and private collectors. These unique wines may never
again be available.
Experience the ultimate in wine and food pairing: A Champagne reception
and nine wines paired with five courses. The Fairmont Hotel Vancouvers
executive chef will create a series of gastronomic delights that will leave your senses reeling. And if thats not enough, auctions will include unique culinary experiences, excursions and extravaganzas, featuring chefs and sommeliers from the West Coasts top restaurants.
Featured 2015 dinner wineries and wines:
Premium Cuvée NV
Elizabeth Cellar Aged Hunter Valley Semillon 2007
Mondavi To Kalon Vineyard Reserve Napa Valley Fumé Blanc 2012
Yering Station Reserve Pinot Noir 2012
Strong Davis Bynum Janes Vineyard Clone 667 Pinot Noir 2012
Penfolds RWT Barossa Valley Shiraz 2012
Bertrand La Forge 2011
Serafino Sharktooth Chardonnay 2013
Collection Mount Veeder 19 Block Cuvée 2011
Guimaraens 1995 Vintage Port
Bard on the Beach is Western
Canadas leading professional Shakespeare Festival, located close to Vancouvers
downtown core in Vanier Park. Its mission is to perform, explore and celebrate
the genius of William Shakespeare. Its vision is to create an enduring
contribution to the cultural fabric of the community, as an inspiring centre of
Shakespeare performance, education and understanding. www.bardonthebeach.org
Proceeds from the Bacchanalia
Gala go to support Bards artistic and educational endeavours. Since its inception
in 1979, the Wine Festival has raised over $8.3 million for the arts. A tax
receipt is issued for a portion of each Gala ticket purchased.


text:
You're leaving Wedding Paper Divas to see the Deal of the Day at our parent site, Tiny Prints.
You won't be able to dismiss this by usual means (escape or click button), but you can close it programatically based on user choices or actions.
"I ordered these in pink for my best friend's bridal shower brunch and they look gorgeous. I ordered them on the pearl shimmer paper and added her fiancé's name under her name. The invitations turned out just stunning. Zero complaints and they arrived faster than expected! LOVE!"
"These invitations are perfect! It was so easy to order them also. I typed in my info & saw a draft . I received a final draft that had been checked with the designers via my email.Once I verified all the info & approved the design & text the invitations were printed. It was a painless process. The invitations arrived quickly & I am so pleased ."
"Very elegant. Very high quality. Pearl finish envelopes with this card made it the total package. Everyone thought they were super expensive. We just absolutely loved them!!!"
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"I was surprised how swiftly my proof was reviewed and the short amount of time which it took to arrive at my door! Wonderful service as well as product! Thank you!"


text:
Start learning with our library of video tutorials taught by experts. Get started
Introduces the essential concepts and techniques necessary for shooting video with a DSLR camera.
Shows how to edit video with Premiere Pro CS5 and how to use video to tell compelling stories.
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Adobe Certified Instructor teaches every aspect of Premiere Pro, plus standard film and video editing techniques.
"I am so glad that you have something for an absolute beginner. I love what you offer. You are helping to change my life and my circumstances." —Suzie D.
more from our members »


text:
Book your room at Triple Two Silom
Deluxe RoomMax Occupancy: 3 guests (up to 2 children, 2 infants)
4-star hotel in Bangkok (Silom - Sathorn) near Patpong Night Market
This hotel is located in Bangkok (Silom - Sathorn), close to Sri Mariamman Temple, Patpong Night Market, and Lumpini Park. Also nearby are MBK Center and Siam Square.
Hotel Features
In addition to a restaurant, Triple Two Silom features an outdoor pool. Other amenities include a bar/lounge and complimentary wireless Internet access.
Room Amenities
LCD televisions come with cable channels. Guestrooms also feature complimentary wireless Internet access, complimentary high-speed (wired) Internet access, and refrigerators.Information missing or incorrect? Tell us!
Triple Two Silom
Hotel Amenities
The hotel offers a restaurant. A bar/lounge is on site where guests can unwind with a drink. This 4-star property offers access to a business center, limo/town car service, and meeting rooms.
Public areas are equipped with complimentary high-speed wireless Internet access. This business-friendly hotel also offers an outdoor pool, tour/ticket assistance, and concierge services. For a surcharge, the property provides a roundtrip airport shuttle and a train station pick-up service.
- Breakfast available (surcharge)
- 24-hour front desk
- Airport transportation (surcharge)
- Total number of rooms - 75
- Area shuttle (complimentary)
- Bar/lounge
- Business center
- Concierge services
- Conference space
- Elevator/lift
- Laundry facilities
- Airport transportation
- Limo or Town Car service available
- Meeting rooms
- Restaurant
- Train station pickup (surcharge)
- Outdoor pool
- Use of nearby fitness center (complimentary)
- Tours/ticket assistance
- Free Wi-Fi
Family Friendly Amenities
- Outdoor pool
- Free Wi-Fi
- Area shuttle (complimentary)
- Laundry facilities
- Refrigerator
- DVD player
Available in all rooms: Free Wi-Fi , Free wired high-speed Internet
Available in some public areas: Free Wi-Fi
Room Amenities
- DVD player
- Phone
- Refrigerator
- Minibar
- Coffee/tea maker
- Complimentary bottled water
- Daily housekeeping
- Slippers
- Separate bathtub and shower
- Bathrobes
- Complimentary toiletries
- Hair dryer
- Iron/ironing board
- In-room safe
- Desk
- Cable TV service
- Free wired high-speed Internet
- Air conditioning
- Private bathroom
- Free Wi-Fi
Where to Eat
Breakfast is available for a surcharge each morning.
Triple Two Silom has a restaurant on site.
Hotel Policies
Check-in time starts at 2 PM
Check-out time is noon
Payment types
You need to know
Extra-person charges may apply and vary depending on hotel policy.
Government-issued photo identification and a credit card or cash deposit are required at check-in for incidental charges.
Special requests are subject to availability upon check-in and may incur additional charges. Special requests cannot be guaranteed.
- Breakfast fee: THB 400 for adults and THB 200 for children (approximately)
- Airport shuttle fee: THB 1600 per vehicle (one way)


text:
We loved this deal too, but it's no longer available. Check out our other awesome deals here.
The Bach - Whangapoua, Coromandel
From $300 for Two Nights for up to Eight People incl. Midweek & Weekends at Whangapoua, Coromandel (value up to $640)
1 of your friends
already grabbed this deal:
Discuss this DealJoin the discussion
- Reminiscing about the summer holiday already? Give yourself something to look forward to with this deal.
- Grab an escape to Whangapoua, Coromandel for up to eight people from just $300.
- Enjoy a temple of rest and relaxation.
First there was the 72-minute drive to work, which when you finally arrived at your destination failed to to find a car park. Then your local cafe decided to stop stocking soy milk and added onions to their spinach and pesto scones.
Returning to work is never fun after the holidays so grab an escape to Whangapoua, Coromandel to give yourself something to look forward to. Enjoy two nights during the week or weekend for up to eight people for only $300.
The Bach - Whangapoua, Coromandel
(021) 469 129
Business in trade
ConditionsValid from Mar 1, 2013
Expires Apr 30, 2013
Limit: 4 for you and 2 gifts for others
EXCLUDES EASTER & PUBLIC HOLIDAYS. Bookings essential, subject to availability. Minimum 2 nights stay. No groups of under 22 year olds. Maximum 8 people including children. $300 refundable bond required. $50 light cleaning/inspection exit fee (reduced from $70) for each stay. No parties allowed. Please request the holiday dates you would like on www.bookabach.co.nz/the-batch Select only white dates, if they are yellow, someone has already requested these dates. You have 4 working days to confirm your dates or they will be released to be re-booked. No refunds, no cashback, not available with other offers.
See the rules that apply to all deals
More Great Deals
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Natural Path Wellness Centre
Motueka Mini Golf
His + Her Anti Ageing
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Moroccan Natural Beauty
Bike Barn
Elsewhere Bar & Kitchen
M2woman Magazine
Gaia Journeys
Abel Tasman Sea Shuttle
Kidz Stuff Online
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NZ Sports Frames
Run For your Life Coaching
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The Academy of Financial Trading
Maternity World NZ
Minus 5° ICE BAR Queenstown
Deals in Other Regions
Dunedin - Invercargill
Queenstown - Wanaka
Getting more bang for your buck
Good news:
If you don't use your coupons before they expire, they're still worth the money you paid for them for an extra three months.
GrabOne FaceValue gives you another three months after your coupons expire, making it even easier to enjoy businesses all over New Zealand.
How does it work?
- A coupon is valid up until and including the expiry date printed on the coupon.
- If you don't use it before the expiry date for whatever reason, the coupon retains the value you paid for it for an additional three months.
- This means you can turn up to the business up to three months after the coupon has expired and put the money you spent to buy that coupon towards the service or experience printed on your coupon.
For example, if you spend $50 on a $100 dining voucher but don't use it before the expiry date, you will still be entitled to $50 worth of food and beverage services at that business for an additional three months.
The same goes for coupons without monetary values assigned to them. For example, if you buy a bungy jump deal but don't use it before the expiry date, you can still put the money you spent on the coupon towards a bungy jump, for another three months. Remember, the FaceValue of your coupon can only be put toward the service or experience printed on your coupon.
A few things to note:
- FaceValue applies to all deals that display the FaceValue icon. If the icon is not on a deal, FaceValue does not apply.
- It's always best to use your coupon before the expiry date, so you get the most value for your money. And if you're a bit forgetful, we now automatically remind you if your coupons are about to expire.
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- If the offer is seasonal, like a seasonal menu or chimney sweep service, the FaceValue of your coupon can be put towards a similar offer at the merchant's discretion.
- FaceValue does not apply to product deals, travel and accommodation-related deals, or time-dependent event deals.
- The conditions on your coupon still apply during the FaceValue grace period.


text:
Phone: 503-823-PLAY (7529)
Fax: 503-823-6007
1120 SW Fifth Ave., Suite 1302, Portland, OR 97204
Phone: 503-823-PLAY (7529)
Fax: 503-823-6007
1120 SW Fifth Ave., Suite 1302, Portland, OR 97204
Events are free unless otherwise noted and are subject to change on short notice due to weather or unforeseen situations.
Teachers Fountain - Closed for the season (November-April)
Drop-in Big Chess - Daily Noon-5pm
Director Park
Tuesday, June 10 2014, 12:00 PM to 1:00 PM
Free renaissance period classical performance with Ensemble De Organographia
Event Types > Arts/Culture/Recreation
Revel in the sounds of the Renaissance period on historically accurate instruments and voice. Instruments include early violin, cittern, recorders, krummhorns, curtal, bagpipe, etc. Program held rain or shine.
This program brought to you by Portland Parks & Recreation at Director Park. For more information on programs and events at Director Park, please visit www.DirectorPark.org or contact 503.823.8087.
Classical Tuesdays is made possible by a donation from Tad Savinar.


text:
This week, we finish up our John Locke discussion by quoting from his How I Sold 1 Million Ebooks in Five Months, and then move on to discussing good literature, including six book recommendations for the summer.
Tom's Picks:
Chad's Picks:
Lightning by Jean Echenoz, translated from the French by Linda Coverdale
And this week's music is from Girl Talk's All Day, which is available for free here, complete with visual breakdown of all the songs he's sampling.
As always you can subscribe to the podcast in iTunes by clicking here. To subscribe with other podcast downloading software, such as Google's Listen, copy the following link.
Antoine Volodine's vast project (40 plus novels) of what he calls the post-exotic remains mostly untranslated, so for many of us, understanding it remains touched with mystery, whispers from those "who know," and guesswork. That's not to say that, were. . .
It hasn't quite neared the pitch of the waiting-in-line-at-midnight Harry Potter days, but in small bookstores and reading circles of New York City, an aura has attended the novelist Elena Ferrante and her works. One part curiosity (Who is she?),. . .
From the late 1940s to the early 1950s, Egypt was going through a period of transition. The country's people were growing unhappy with the corruption of power in the government, which had been under British rule for decades. The Egyptians'. . .
Miruna is a novella written in the voice of an adult who remembers the summer he (then, seven) and his sister, Miruna (then, six) spent in the Evil Vale with their grandfather (sometimes referred to as "Grandfather," other times as. . .
Kamal Jann by the Lebanese born author Dominique Eddé is a tale of familial and political intrigue, a murky stew of byzantine alliances, betrayals, and hostilities. It is a well-told story of revenge and, what's more, a serious novel that. . .
While looking back at an episode in his life, twenty-year-old Taguchi Hiro remembers what his friend Kumamoto Akira said about poetry.
Its perfection arises precisely from its imperfection . . . . I have an image in my head. I see. . .
The central concern of Sorj Chalandon's novel Return to Killybegs appears to be explaining how a person of staunch political activism can be lead to betray his cause, his country, his people. Truth be told, the real theme of the. . .
Spoiler alert: acclaimed writer Stefan Zweig and his wife Lotte kill themselves at the end of Lauren Seksik's 2010 novel, The Last Days.
It's hard to avoid spoiling this mystery. Zweig's suicide actually happened, in Brazil in 1942, and since then. . .
To call Kjell Askildsen's style sparse or terse would be to understate just how far he pushes his prose. Almost nothing is explained, elaborated on. In simple sentences, events occur, words are exchanged, narrators have brief thoughts. As often as. . .
After a mysterious woman confesses to an author simply known as "R" that she has loved him since she was a teenager, she offers the following explanation: "There is nothing on earth like the love of a child that passes. . .


text:
A fresh start for procurement reform
The Library of Congress
added new features to Thomas, a legislative search engine, making it easier
for people to find the information they want.... Government-affiliated institutions
in foreign countries are targeting
the U.S. defense industry at record levels in attempts to steal sensitive
technology, according to a new Defense Department report.... Liesyl
Franz will become vice president of information security programs and policy
at the Information Technology Association of America, beginning Jan. 16....
Indiana's governor signed a $1
billion contract with IBM to modernize the state's social services eligibility
system.... Adrian Gardner
was named chief information officer at the National Weather Service.... The
Agriculture Department's Farm Service Agency sought help from industry about
how to consolidate more than
2,000 IBM AS/400 systems that operate in the agency's 2,384 state and county
service centers.... Commerce Department officials began using a new $300,000
Web-based document tracking system, which the agency developed for drafting
and managing regulatory documents.... Accenture completed an upgrade
of NASA's financial systems, which manage the agency's $16.5 billion budget
and 18,000-person workforce.... The Justice Department awarded GTSI
a $42 million, three-year blanket purchase agreement for workstations, desktop
and laptop computers, and related equipment.... DOD is battling widespread efforts
by unknown attackers who are using spear
phishing to penetrate DOD information systems.... Comptroller
General David Walker said the Army has moved ahead on major programs that
rely on immature technologies, a situation that creates delays and cost overruns....
An Accenture/IDC study
found information security to be the main concern of government IT executives
surveyed.... Computer Sciences Corp.'s Federal Sector business unit signed 110
previously unannounced contracts and subcontracts during CSC's
fiscal 2007 third quarter, which began Oct. 1 and ended Dec. 29.... An inspector
general review found that the General Services Administration needs to do more
to ensure that its telework
policies and procedures are fully implemented throughout the agency.
A roundup of the week's news, complete with links to the original stories,
can be found on FCW.com Download's Week in Review.
E-Mail this page
Printable Format
Advanced Search
Nominations are now open for the 2015 Federal 100 awards. Get the details and submit your picks!
Make a nomination today
Steve Kelman considers the costs of corruption in Mexico, China, and most developing countries -- and argues that Americans should keep their own government troubles in perspective.
Agency leaders must proactively invest time, energy and resources to shape the future rather than reactively wait for change to happen.
Meet 24 men and women who are driving key changes in federal IT -- and shaping up as the community's likely leaders of tomorrow.
GSA's administrator talks with FCW about short-term hiring, long-term planning and Robert Frost.
Without a future vision and an appetite for risk, reforms lead down a rabbit hole. There is a better way.
VA's top tech official says he is balancing risks while trying to keep the department's online services open for business.
After five years on the job, the founding director of the Office of Government Information Services believes that a deeper understanding and acceptance of FOIA is seeping into the federal government.
The September attack, made public Nov. 10, potentially puts customer and employee personal information at risk, including addresses, Social Security numbers and emails.
The General Services Administration's Matthew Goodrich predicts more agency-driven authorizations and previews a new two-year road map.
8609 Westwood Center Drive, Suite 500Vienna, VA 22182-2215 703-876-5100
© 1996-2013 1105 Media, Inc. All Rights Reserved. This copy is for your personal, non-commercial use only.To order presentation-ready copies for distribution to colleagues, clients or customers, visit: www.1105Reprints.com


text:
SafeRide Hours
Summer With SafeRide
Now extended through the end of summer session!
- What: SafeRide summer pilot program
- Days: Thursday, Friday, Saturday
- Dates: June 19-August 22
- Time: 8pm-2am
Academic Year
SafeRide is available from 7:00 pm to 3:00 am, seven days a week during the academic year when classes are in session.
SafeRide reserves the right to reduce or suspend operations during inclement weather or during other circumstances that may place our drivers, and passengers at risk.


text: 60th Birthday View full-size image < previous next > Is this photo a winner? "We celebrated my dad's 60th Birthday at my in-law's cabin in Deerwood Minnesota on Bay Lake! It was the perfect celebration having everyone wear the t-shirts was the perfect surprise for everyone including my dad! We had matching cups and cake to really kick off the evening! We then gave him 60 letters with 60 memories to read from friends and family - there were tears and laughter overall a great and perfect birthday! The entire process with CustomInk was great they had wonderful follow through and wanted everything to be just perfect! The shirts fit everyone and as you can see in the photo made the event!!!" - Gina (Jun 19, 2013) Share this photo on: Twitter Facebook Pinterest Similar Photos: 60th birthday | celebration | family | cabin | event celebratory | fun | minnesota | mustache | deerwood | bay lake | 60th | birthday Feeling inspired? Visit the CustomInk Design Lab to start your own group order. Design Your Own


text:
Summary: Here's the fully revised and updated 2nd Edition of the only book in its field. This popular resource, edited by two well-known educators and practitioners, provides comprehensive, research-based coverage of the theoretical and practical knowledge needed for childbirth education.Edition/Copyright: 2ND 00
12 more offers below.
Filter by: All (12) | Like New (1) | Very Good (3) | Good (5) | Acceptable (3)


text: @FluxWaveZ: Exactly. The moves were banned in the first place because they rely almost entirely on luck or "hax", instead of skill and training. Effectively to weed out "noobs". But this isn't Smogon or Skarmbliss and not everyone has access to fully EV'd Drizzle Politoads, so if someone wants to Scarf a Cryogonal and spam Sheer Cold because that's the best they can do I say let them.


text:
Holdays.net Home
We're focused on customer satisfaction and have builtour
reputation based on great friendly service and honesty.
Store Categories
offer with total confidence!check our
Antique Replica Dark Wood Phonograph Gramophone with Large Engraved Brass Horn
Reproduction Antique RCA Victor Talking Machine Gramophone Phonograph - Deluxe Dark Pinewood Square Case & Engraved Aged Brass Horn - 28"H x 18"W x 18"D - Brand New - Handcrafted - Imported
This replica Gramophone
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and accurate reproduction of a vintage antique phonograph. It's handcrafted in India
using quality pinewood for the box casing, and real
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Phonograph. The piece comes complete with the "Nipper" (the famous RCA dog) logo decal that has
the famous words "His Masters Voice".
It features a
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speed adjustment/control dial, a voice reproducer/sound box, a tone sound arm &
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Victrola Phonograph
Vintage Rca Victor Intercommunication Set With Nice Switches Ct744
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*vintage* Victor Victrola Talking Machine, Exhibition Reproducer With Needle
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text:
dragons. There will be zombies. And because game developers are 12-year-old kids at heart, there will be pirates. The question is, which of these three is the most overused? Which have worn out their welcome the most to you?
My vote is for dragons. Yes, they're huge, ferocious creatures that are often raid end bosses, but when every game has them as their ultimate threat, it dilutes one's proper respect of them. It's like every MMO has a Death Star. More of a big bad doesn't increase fear in the same ratio; it kind of has the opposite effect.
But maybe you disagree. Pirates, zombies, or dragons -- which make you roll your eyes the most? Which would you banish to the land of well-worn tropes?
Every morning, the Massively bloggers probe the minds of their readers with deep, thought-provoking questions about that most serious of topics: massively online gaming. We crave your opinions, so grab your caffeinated beverage of choice and chime in on today's Daily Grind!
Featured Stories
The Stream Team: Gorging on SWTOR's XP bonus for the holiday
Posted on Nov 27th 2014 9:00PM
The Think Tank: Giving thanks for MMOs
Posted on Nov 27th 2014 6:00PM
Norrathian Notebook: First impressions of EQII's Altar of Malice
Posted on Nov 27th 2014 12:00PM


text:
Below are top resources on SparkPeople for New Fad Diet.
Quick, when you think of the word 'diet,' what pops into your mind? Someone hovering over an all-lettuce salad, using a stopwatch to count the time until the next permitted bite? If this sounds familiar, then it's important to k... Read more
Most dieters lose momentum in two weeks according to a recent SparkPeople poll.
Five pounds down, then another three. Then deadlock. You've hit the plateau and are stalling out and about to give up. Momentum is one of the hardest iss... Read more
Motivation is like cold hard cash: You can never have too much! And when you're trying to lose weight (for the umpteenth time for many of us) you know that you need a wealth of motivational strategies you can count on. But, with so many motivat... Read more
Almost every time we turn on the television or glance at a magazine cover in the supermarket checkout line, we are bombarded with the new weight-loss rules and diet plans. We're constantly given suggestions to drink a special shake, cut out carbs... Read more
Think of the word "diet," and what's the first thing that comes to mind? Visions of joyless eating, piles of pale lettuce, bored taste buds, more pale lettuce, meals that would starve a mouse, and mounds of food labeled "Off Limi... Read more
I'm also new to Spark and I am 59 5ft 1in @ a 175 pounds and need to get at least 50 of it off have a 16 year old and husband and brother at home and they are all sugar addicts so it is really hard to turn down sweets.... Read more
Hello! New to Spark People. Trying to lose 30 lbs. I'm currently at 164. 38 years old, mother of 3 boys.
... Read more
Who would of new if you just cook food at home it so worth it! Classic fast food head right here, but im loving cooking and portion control more and more each day. I think Im getting the hang of this, now i just have to be consistent... Read more
Starting new workout and healthier eating tomorrow. Hot body here I come😛😛😛... Read more
I just start today looking forward to be in a healthier version of my self 9 felling scare and excited 30 but moving one step at a time 521... Read more
Firstly do this for yourself & your health and ONLY yourself not just because other people are being hurtful, snide, mean and want you to lose the weight so you look aesthetically more pleasing to them. In short scr*w them. It won't stick if you do i... Read more
My secret.....there is no pill, drink, or fad diet out there that will give you long lasting weight loss results. Eating right and exercise are the only secrets to weight loss success and overall health 104... Read more
Welcome to Spark People and to the main UK team for new members. We are a large team as this is the Main Team for ALL UK members! Join in have fun - your country needs you!!! WELCOME!... Read more
How many times have you seen a product that promises great results for weight loss in a short amount of time? Too many, if you ask me! Not only do they make these great promises, but they have "fabulous before and after photos" to show cons... Read more
A round-up of the most interesting and thought-provoking stories of the week. Do food addiction diets work?Instead of moderation, some weight-loss and emotional-eating recovery plans involve banning certain foods, especially those that trigger binges... Read more
Okay folks, so I've been MIA for almost a month now, that shocked even me. I've checked in a few times but haven't been blogging or such and I've missed it. Starting this week I am coming back. A huge part of that is because I quit the PTA. Long stor... Read more
Physical therapy today was a mass discussion on nutrition and a rather lively one at that. One of the women there just started a new diet called Ideal Protein. She says it has been popular in Canada for 2 years now and she got involved through her... Read more


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Review Details
Purple Heart Medical Necklace
- Product Review (submitted on May 17, 2012):
- Maybe its because I'm young, but I always hated the standard glaring red medical alerts. To me, they scream "I HAVE A MEDICAL CONDITION! I AM NOT NORMAL" but when my doctor urdged me to get one (because I have a pacemaker) I bought this necklace in purple.
I actually think it's cute! I wear a lot of purple so it blends right in, and even when people recognize the symbol, they usually say "You found one in purple?! Thats awesome!"
The engraving was nice, you can clearly see "PACEMAKER" on the back.


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8 Outrageous Octomom Facts
Nadya Suleman is a fixture in the media, but do you really know her? Here are eight facts about the infamous mother of octuplets and celebrity gossip staple, Octomom.
Suleman, who was married from 1996 to 2008, has never publicly identified the father of any of her children, but says it's not her ex. BTW she has 14 kids. Yes, she had SIX BEFORE the octuplets.
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- Northern Illinois to get $8.3 million for state construction projects
- Tree-lighting festival kicks off holiday season in Machesney Park
- Roscoe Boy Scout Troop's tree stand at new location
- Tips for selecting safe toys for kids this holiday season
- Prayer service for World AIDS Day Nov. 30
- Food Bank joins national #GivingTuesday movement
- Lee Hamilton: What lies ahead for Congress
- Rockford Public Schools faces $8.8 deficit, board OKs flat tax, HR chief
- Literary Hook: A holiday tradition: 'This Thanksgiving, Remember'
- Cold snap does not negate global warming
To the Editor: Liquor law is good for freedom
Rockford's new Sunday liquor ordinance is a victory for freedom.Personally speaking, I don't drink for religious reasons. Regardless, I still support the right of others to drink responsibly. Allowing businesses to sell alcohol on Sunday with less restriction was the right thing to do. Rockford has respected the Constitution by discontinuing this special reverence for Sunday. I want to challenge everyone to learn the history of Blue Laws in America. Blue Laws are legalized religious standards that were established during the early formation of our nation.
Some Blue Laws seek to preserve Sunday as a day of worship by restricting shopping and the availability of certain products or services. In short, Blue Laws respect an establishment of religion and violate the First Amendment of the Constitution. Christians should note that Blue Laws fulfill biblical prophecy.
In the book of Revelation, the Bible teaches that before the return of Christ to the world, a nation which fits the description of America will give power to a religious authority and restrict people's ability to buy or sell based on a religious code enforced by persecution. It is time—especially for Christians, to think about the time at hand.
Andre Weston
From the April 27-May 3, 2011 issue


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Tag Archives: Rookie Hazing
Pictures of Yankees Rookie Hazing Over the Years
Sports Illustrated posted a photo gallery of MLB players being hazed over the past 10 years or so. Some hilarious photos included especially of Hideki Matsui and Brian Wilson of the Giants. I suggest checking out their entire gallery, but I'm going to share with you the Yankees pictures.
Posted in Yankees News Tagged Rookie Hazing 2 Comments


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Is Inner Work Worth It?
So you've been spending time focusing on releasing energy that doesn't serve and it's taking forever to see results. Your friends may tell you to give up your dream of creating a successful business and get a job.
In fact, you may have family members who tell you to give up and get a job. They may believe that you can't create a successful life unless you are employed.
So what do you do when you're experiencing difficulty paying your rent and your basic expenses? Do you give up on your dream and settle for the mediocre life that most people experience?
I certainly understand the temptation. It may feel easier to settle for mediocrity around you. Last July, I made a commitment to transform my money story for the better. The last 15 months have been the most emotionally draining experience of my life. It beat out the 8 months when I was homeless and I didn't anything could be more draining.
I discovered that money is the result of the union of masculine and feminine energy, money is creation. However my creation story includes being sexually abused by a family member as a child. Consequently I held negative beliefs around masculine energy and I had to release those beliefs to transform my money story.
I've been blessed with 2 wonderful coaches who supported me in this process of transformation. Denise Michaels is my business coach who helped me clarify and focus on what I wanted to create in business. Drew Ryder is my Emotional Freedom Technique coach who helped me heal my experience of masculine energy.
I've also been blessed with close friends who listened to me when I needed to vent about my frustrations. Despite all the frustration and emotional pain I was experiencing as I released energy that no longer serves my higher vision, I knew that there was a better way. I knew that the Divine was calling me to serve women and make a difference. I am called to help heal the planet as a marketer and a communicator.
After 15 months of intense inner work, my response to the question "Is Inner Work Worth It?" Hell yeah! I would never trade this time for anything.
I am manifesting a business creating marketing content for other entrepreneurs. I am the "Queen of Content Creation." I have some clients and they are referring me to other entrepreneurs who could benefit from my services.
I will be interviewed on Kat Sturtz' Fast Action Friday show on October 24. I will also be interviewed on Deborah St. Hilaire's Divalution Show in December. The irony of ironies is that both shows will focus on the power of doing your inner work.
I have also released 14 pounds in excess weight because I gained the weight to protect my body from masculine energy. So I've addressed 2 issues in one fell swoop. How cool is that!
The inner work that I've done this past year has been intense. I've been in tears and overwhelmed many times. But it is worth the effort. I know that I've created the foundation to manifest my desires and live my vision of bringing my gifts to the world.
As you watch the video below, reflect on your vision and how you can make a greater difference as you release energy that no longer serves that vision.
Andrea Scott
"The Joyful Freedom Diva"
Posted: October 23rd, 2014 under A Feminine View, Emotional Freedom Technique, Personal Development.
Comments: none


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States with the worst bridges
Published On: May 25 2013 07:04:20 AM HST
Many of America's bridges -- like the one that collapsed in Washington state -- are in bad need of repair.
Click here to see which states need the most help with its bridges.
Copyright 2013 by KITV All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The views expressed are not those of this site, this station or its affiliated companies. By posting your comments you agree to accept our terms of use.blog comments powered by Disqus


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Originally published September 14, 2007 at 12:00 AM | Page modified September 14, 2007 at 4:04 PM
Ex-CEO says VECO employees worked on Sen. Stevens' home
The former head of an oil field services company admitted today that he had company employees work several months on a remodeling project...
The Associated Press
ANCHORAGE, Alaska — The former head of an oil field services company admitted today that he had company employees work several months on a remodeling project at the home of U.S. Sen. Ted Stevens.
Ex-VECO Corp. CEO Bill Allen made the admission Friday while testifying in the federal corruption trial of a former state lawmaker.
Allen and former VECO Vice President Rick Smith in May pleaded guilty to extortion, conspiracy and bribery of legislators.
Under cross-examination by defense attorney James Wendt, representing former state Rep. Pete Kott, Allen acknowledged that the more than $400,000 he admitted spending in the bribery charge was for other legislators — and for work done at the Girdwood, Alaska, home of Stevens, the longest serving Republican in the U.S. Senate.
"I don't think there was a lot of materials," Allen said. "There was some labor."
The workers were VECO employees, probably one to four at a time, Allen said. He said the work on the home lasted for "probably a couple of months." Later, he said it might have been as much as six months.
The remodeling work in summer and fall 2000 more than doubled the size of the house, a four-bedroom structure that is Stevens' official residence in Alaska.
Stevens has said while the contracting bills were first sent to VECO for accuracy checks, he paid for the work.
Stevens' spokesman, Aaron Saunders, had no comment on Allen's testimony. He referred to an earlier statement, which said Stevens was not commenting because Stevens does not want to appear to be trying to influence the case.
Allen said he also gave Stevens some old, used furniture.
He would visit the remodeling every month or two, he said.
"Most of the time I was gone with VECO business," Allen said.
Prosecutors asked Allen whether he was aware that other contractors, non-VECO employees, worked on Stevens' house and were being paid by VECO.
Allen he knew of at least two, a plumber and a carpenter.
The remodeling job at Stevens' home was fraught with problems at the start. He estimated it would cost about $85,000 and told city building officials he would be his own contractor.
The plan was to raise Stevens' single-level home and, beneath it, construct a new first floor with two bedrooms, a game room and sauna. The completed project would be twice the size of the original, modest house in the town of Girdwood, about 40 miles south of Anchorage. Building records don't indicate how things went wrong, but somehow the framing was botched and help was called in to fix it.
Allen also said the plea agreement he signed admitted payments to Stevens' son Ben, whom Allen had hired as a consultant after Ben Stevens left college in 1995. The consulting work continued after Ben Stevens was appointed to the Alaska state Senate in 2002.
"It was $4,000 per month," Allen said.
Wendt closely questioned Allen whether the amount to the younger Stevens exceeded $200,000. Allen said the amount he paid Stevens before he was a state senator should not be counted.
"I don't think you can count that," he said.
Allen stepped down from his job as VECO chairman after his plea agreement. The sale of the company to CH2M Hill was completed last week.
VECO is one of the state's largest oil field services company, with more than 4,000 employees. The company operates around the world but more than half of its work is in Alaska, supporting the oil industry with service and maintenance contracts, according to Allen.
Allen for more than two decades has been a behind the scenes political force, supplying campaign money to lawmakers sympathetic to the petroleum industry.
Over the past six years, VECO executives and the company itself contributed more than $119,000 to Ted Stevens' political organizations, according to tracking by Political Money Line, an Internet database. Of that amount, Allen contributed $20,000. Stevens and Allen also are longtime friends and partners in a racehorse investment.
Kott, whose trial began Monday, is charged with doing the bidding of VECO in exchange for money, nearly $9,000, a political poll for his re-election bid and the promise of a job with VECO. Kott was a seven-term state representative from Eagle River, a northern suburb of Anchorage. He is a former state House speaker.
Associated Press Writer Matt Apuzzo in Anchorage contributed to this report.
Copyright © 2007 The Seattle Times Company
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A Prima Returns: Alessandra Ferri is back onstage and more luminous than ever
Dinner To Go: How can you stay healthy on tour? Five dancers share their top tips
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Gene Kelly's Singin' in the Rain was released in 1952. Isn't it funny to think that the movie wasn't a big hit when it came out? Imagine movie-musical culture without Don Lockwood puddle jumping! It's impossible. Of course, if you've seen this year's film The Artist, you might have realized that Singin' in the Rain (the song) predates even Gene Kelly! Yep, it was originally published in 1929 with music by Nacio Herb Brown and lyrics by Arthur Freed.
That so many artists have covered the song is a tribute to its staying power. You might remember the scene with Cary Grant singing it in the shower in Hitchcock's North by Northwest or Sammy Davis Jr.'s version, Usher's tribute, the Glee Umbrella mash up, and more….
Just for fun, here's the infamous street scene from the film, and a few modern homages!


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I'm not saying they weren't
I'm not saying they weren't Christians, but they also didn't limit the idea of religion to Christianity. Their words show they respected the religions of all nations, and their actions show they preferred a secular state to one dominated by Christian tenets. Throughout history the freest nations have had the highest level of morality, and authoritarian or religious states have been dominated by fear and suspicion. When you push religion on a political forum, it appears you're endorsing a religious state, which is the most anti-liberty form of government there is.
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Signs From
Scott Skogerboe
Army food was always bad. Now I know why.
0 likes7 Jan 2011
Key West Peter T. Bailis
The jails are full of people with cameras.
1 like7 Jan 2011
Stockton, CA Ryan Anderson
Just in case you can't decide which denomination to follow that morning.
0 likes7 Jan 2011
Hsinchu, Taiwan Ed Mills
There is nothing like a clam to steady the mind
0 likes7 Jan 2011
Key West Peter T. Bailis
The jails are full of people with cameras.
0 likes7 Jan 2011
Bumper sticker on a 4X4 in Seward Alaska. Peter T. Bailis
This does not make you feel quite welcome.
0 likes7 Jan 2011
Cannan Peter T. Bailis
This could be any eating establishment.
3 likes7 Jan 2011
Los Angeles, CA Clyde Kaplan
Help! My apostrophe has fallen and it can't get up!
0 likes7 Jan 2011
Yucatan, Mexico jordan chasteen
A sign at a bus station in Mexico.
0 likes7 Jan 2011
Dar-es-Salaam, Tanzania Dishant Virji
ONUS not on us?
0 likes6 Jan 2011
Phu Quoc Island Kerry Allen
This was presented as an English speciality!
0 likes6 Jan 2011
Fort Collins, CO USA Marsha Mowery
Ha, ha, ha–I'm already here!
0 likes6 Jan 2011
Bangkok Kerry Allen
Irresponsible drinking in Thailand!
0 likes6 Jan 2011
Koh Phi Phi Kerry Allen
Glad they are trying to keep the beach clean!
0 likes6 Jan 2011
Nha Trang Kerry Allen
The house WINE is Jagermeister? Make mine a caraf!
0 likes6 Jan 2011
Chanthaburi Kerry Allen
The funniest thing about this sign is not that is it a "sanitary model village" but this perfect clean town spelt its own name wrong in th...
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Fayetteville, AR jennecon
Then what is that table for?
0 likes6 Jan 2011


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DVD Review: Kiarostami's 'Love' is more than meets the eye
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DVD Review: Kiarostami's 'Love' is more than meets the eye
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Rep. Adam Schiff on Hagel nomination: 'There are legitimate questions'
Story | Jan 10, 2013 | 12:02 PM
Appearing on the MSNBC show "Jansing & Co.," Rep. Adam Schiff (D-Burbank) on Monday voiced concerns about President Obama's nominee for Secretary of Defens, former Republican Sen. Chuck Hagel. Speaking to Chris Jansing, Schiff said...
Intersections: It's never too late to tackle ESL
Story | Dec 12, 2012 | 4:18 PM
In a simple, bare bones classroom adjacent to a Montrose-area church, a group of adults is learning something many of us take for granted in our every day lives: how to speak English. It is one of three English-as-a-second-language classes taking place...
Many events celebrate women
Story | Mar 18, 2011 | 3:16 PM
The one-night-only performance of "Beneath the Veil" at the Alex Theatre March 11 was a powerful tribute to the 100th anniversary of International Women's Day. Several hundred theater-goers attended. Mary Apick, the production's...


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1/1 Photo of Pasta Served With Avocado Sauce With Sun-Dried Tomatoes
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This is a lovely, creamy sauce and the sundried tomatoes break up the avocado flavour nicely. This recipe responds well to adjusting the proportions to taste. The weight for the sundried tomatoes is their dehydrated weight- I use about half a pack. If using smaller avocados, I find 4 works best to make the sauce thick enough. To make this dish vegetarian, use a vegetable stock cube instead of chicken.
Units: US | Metric
Serving Size: 1 (345 g)
Servings Per Recipe: 4
Make this season merry, bright and manageable with our easy ideas.


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Our Expert: Linda Lombardi
Tarantulas: Can These Large, Hairy Spiders Actually Be Good Pets?By Linda Lombardi | October 31, 2014
Most people don't use words like "fun" when it comes to spiders, especially big ones. But Linda Rayor of the Department of Entomology at Cornell thinks that tarantulas can make…View Full Post ›
Want to Adopt a Purebred Dog? Start With a Breed RescueBy Linda Lombardi | October 20, 2014
An estimated 25 percent of dogs in shelters are purebreds, which means that you don't have to agonize over wanting a purebred dog and wanting to adopt. If you're looking for a particular breed,…View Full Post ›
Where Do Outdoor Cats Go? A GPS Tracking Study Can Tell YouBy Linda Lombardi | October 20, 2014
If your cat goes outdoors, you wonder where he goes when he's out of sight. Katie Burke says of her cat Banjo, "When she was a teenage cat, she used to come home smelling like cigarettes and…View Full Post ›
Pinups for Pit Bulls: New Book Spotlights These Misunderstood DogsBy Linda Lombardi | October 16, 2014
For the last 10 years, Deirdre Franklin has been bringing both beauty and brains to the defense of "bully breed" dogs. Under the stage name Little Darling, the burlesque…View Full Post ›
5 Facts You Don't Know About Red PandasBy Linda Lombardi | September 19, 2014
September 20 is International Red Panda Day. To celebrate, we spoke to Nicki Boyd, behavior husbandry manager at the San Diego Zoo and chair of the board of Red Panda Network, about how cool these…View Full Post ›
Dog Helps Save Endangered Sea TurtleBy Linda Lombardi | September 3, 2014
At the Padre Island National Seashore in Texas, there's a Cairn Terrier with a unique job: Ridley Ranger is part of an effort to save the Kemp's Ridley, the…View Full Post ›
Save the Manatees: Speak Up Before It's Too LateBy Linda Lombardi | August 29, 2014
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The History of Passenger Pigeons and the Lessons We've Learned From Their ExtinctionBy Linda Lombardi | August 28, 2014
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When Mike McMahon put a few fish in his backyard pond in Orlando, Florida, back in 1978, he wasn't envisioning where he's ended up today. "I happened to be in a shop that had little…View Full Post ›
A Behind-the-scenes Look at the Chincoteague Pony SwimBy Linda Lombardi | July 29, 2014
For the past 89 years, a unique American event has taken place off Virginia's eastern shore. The Chincoteague Pony Swim was made famous by the classic children's book Misty of Chincoteague, written…View Full Post ›


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Intel® 5100 Memory Controller Hub Chipset Specification Update
Intel® 5100 Memory Controller Hub Chipset Specification Update
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Leading server innovation with the Intel® Xeon® processor E7 family for higher speed and capacity.
Pauline Nist (Intel) and Jim Totton (Red Hat) discuss their collaborative value to enterprise computing.
For data center servers or cloud, new Intel® Xeon® processors combine flexibility with efficiency.
Video: Intel IT Tune Up contest winner discusses their upgrade to an Intel® Xeon® processor-based server.


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Thank You For Your Support! All Purchases from USCF Sales Benefit the United States Chess Federation
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Catalog Product Code: B0190EM
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Publisher: Everyman Chess Author: John Watson Year of Publication: 2007
Pages: 320 Notation Type: Algebraic (AN)
Starting Out - The French
French Defense - Ari Ziegler
French Defense Strategy - Nigel Davies
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