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1 2 GARY WINDOM, PUBLIC DEFENDER 3 County of Riverside LEN GARBAGE, DEPUTY PUBLIC DEFENDER State Bar No. 911911 4 4200 Orange Street Riverside, California 92501 5 Telephone: (951) 955-6000 Facsimile: (951) 955-6025 6 Attorney for Defendant 7 8 9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF RIVERSIDE 11 12 THE PEOPLE OF THE STATE OF Case No. RIM436646 CALIFORNIA, 13 NOTICE OF MOTION AND MOTION Plaintiff, TO DISMISS FOR DENIAL OF 14 A SPEEDY TRIAL (Serna) vs. [Penal Code § 686(1)] 15 DATE: June 13, 2008 16 DEFENDANT NAME, TIME: 8:30 a.m. DEPT: 22 17 Defendant. 18 19 TO: ROD PACHECO, DISTRICT ATTORNEY OF THE COUNTY OF RIVERSIDE AND TO THE CLERK OF THE MUNICIPAL COURT OF CALIFORNIA: 20 PLEASE TAKE NOTICE that on June 13, 2008, at 8:30am, or soon thereafter as the matter will 21 be heard, in Department 22 of the above-entitled court, defendant, DEFENDANT NAME (hereinafter, 22 "Movant"), by and through counsel, will and hereby does, move the court for an order dismissing the 23 accusatory pleading. Said motion is made on the grounds that the prosecution of the Movant has been 24 delayed such that his right to a speedy trial, guaranteed to her by the Sixth Amendment to the United States 25 Constitution and Article I, Section 15, of the Constitution of the State of California, and his right to due 26 process of law, under the Fourteenth Amendment to the United States Constitution, has been denied. 27 28 /// /// -1- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 This motion is based upon the pleadings, files and records in this case, the accompanying 3 Memorandum of Points and Authorities, and such other evidence as will be presented at the hearing on this 4 motion. 5 6 DATED: June ___, 2008 Respectfully submitted, GARY WINDOM, PUBLIC DEFENDER 7 8 By: LEN GARBAGE 9 Deputy Public Defender 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 STATEMENT OF THE CASE 3 On May 15, 2003, Movant was cited for a violation of Penal Code 369 (1) (trespassing on railroad 4 property). A complaint alleging the violations was filed on June 18, 2003. Movant was cited to appear in 5 court on June 30, 2003. Movant was not present in court on that day, and the court issued a bench warrant. 6 Movant has resided at 911 SW 00th Street, Riverside, California 92509 since the time of the 7 incident. He has maintained a valid driver license or identification card with the Department of Motor 8 Vehicles listing the same 56th Street address. In February 2005, he was arrested and taken to a Riverside 9 county jail . 10 In mid-2008, Movant discovered that she had an outstanding warrant related to this case. It has 11 been nearly five years since the complaint was filed. The Riverside Public Defender was appointed to 12 represent her. 13 14 POINTS, AUTHORITIES AND ARGUMENT 15 16 I. THE DELAY BETWEEN THE FILING OF THE COMPLAINT AND 17 MOVANT'S ARRAIGNMENT VIOLATED MOVANT'S RIGHT TO A SPEEDY TRIAL UNDER THE SIXTH AMENDMENT TO THE UNITED 18 STATES CONSTITUTION 19 The right of a criminal defendant not to be subjected to unreasonable delay in his prosecution is 20 embodied in the Sixth Amendment to the United States Constitution: "In all criminal prosecutions the 21 accused shall enjoy the right to a speedy and public trial." (U.S. Const. VI Amend.) The right is 22 enforceable against the states by virtue of the due process clause of the Fourteenth Amendment. (Klopfer 23 v. North Carolina (1967) 386 U.S. 213, 223 [18 L.Ed.2d 1, 87 S.Ct. 988].) 24 A person becomes an accused within the meaning of the Sixth Amendment upon the filing of an 25 accusatory pleading. (United States v. Marion (1971) 404 U.S. 307, 320 [30 L.Ed.2d 468, 92 S.Ct. 455].) 26 Therefore, the Sixth Amendment right to a speedy trial attaches in misdemeanor prosecutions with the 27 filing of the accusatory pleading…or arrest, whichever is first. (Serna v. Superior Court of Los Angeles 28 -3- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 County (Serna) (1985) 40 Cal.3d 239, 262 [219 Cal.Rptr. 420, 707 P.2d 793].) Here, the right to a speedy 3 trial attached with the filing of the complaint on June 17, 2005. 4 Where a defendant raises the issue of unreasonable delay pretrial, he or she need not demonstrate 5 actual prejudice in order to secure judicial consideration of the claim. (Moore v. Arizona (1973) 414 U.S. 6 25, 26 [38 L.Ed.2d 183].) The court in Serna determined: 7 8 The length of the delay between the filing of the complaint and the arrest of defendant far exceeded the one-year limitation period applicable to 9 misdemeanors generally. Had there been no complaint on file this prosecution would have been statutorily barred. (Serna, supra, 40 Cal.3d at 10 252-253.) 11 The court in Serna recognized that the mere filing of a complaint, without further action by the 12 state for a period in excess of one year, is a presumed violation of the right to a speedy trial, thus 13 compelling the People to justify the delay. (Serna, supra, 40 Cal.3d at 253.) The People cannot simply file 14 a misdemeanor complaint, sit back and wait, and then years later decide to prosecute. The delay is made 15 even more egregious when the defendant was available and could have been located at any time. 16 This presumption of prejudice shifts the burden to the Prosecution to justify its delay in 17 prosecution. The case must be dismissed if the People cannot satisfactorily do so. The court in Serna 18 stated that only if the People have justified their delay in prosecution do we proceed to a balancing test, 19 because it is only in the context of a justification by the People that there would exist anything for the trial 20 court to then weigh or balance. (Id. at 253-254.) If the People cannot justify the delay, the presumption of 21 prejudice is dispositive and dismissal is constitutionally compelled. (Id.) 22 In the case at bar, it has been nearly five years since the date of the alleged offense. Movant has 23 never attempted to hide from the jurisdiction of the court. Rather, Movant has lived at the same residence 24 from the date of the alleged offense, has maintained identification with the Department of Motor Vehicles, 25 and was even arrested and taken into jail in the interim. 26 Movant's Sixth Amendment right to a speedy trial has been violated without any justification by 27 the People. Prejudice to Movant is presumed based solely on the People's delay in prosecution without 28 justification (Serna, supra, 40 Cal.3d at 253). The complaint against Movant should be dismissed as a violation of Movant's Sixth Amendment right to a speedy trial. -4- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 II. 3 MOVANT HAS SUFFERED ACTUAL PREJUDICE 4 AS A RESULT OF THE DELAY OF THE PEOPLE 5 A complaint was filed against Movant in June 2003. All tangible evidence against Movant has 6 either expired or been destroyed. It is fair to say that over the span of five years, memories fade, witnesses 7 are unable to be located and testimony is unable to be supported or controverted by any independent 8 evidence. There are few documents, no recordings, and no outside or independent media to assist Movant 9 with his defense. 10 Without that most basic of discovery elements, the Movant cannot begin to mount a defense 11 against the complaint. Movant cannot likely procure evidence or obtain information that could assist in his 12 defense due to the time lapse. As a result, Movant is unable to assemble an adequate defense that would 13 satisfy Constitutional requirements and has suffered actual prejudice. 14 15 III. 16 A BALANCING TEST OF THE FOUR BARKER V. WINGO FACTORS REVEALS THAT MOVANT'S RIGHT TO A SPEEDY 17 TRIAL HAS BEEN VIOLATED, AND THE CASE MUST BE DISMISSED 18 19 The Court in Barker v. Wingo (1972) 407 U.S. 514 created a balancing test to analyze both the 20 prosecution's and defendant's conduct. The Court in Stabio v. Superior Court (1994) 21 Cal. App. 4th 21 1488, 1493, mandated that lower courts apply this balancing tests in circumstances before this court. The 22 balancing test consists of weighing the following four factors: "[1] Length of the delay, [2] the reason for 23 the delay, [3] the defendant's assertion of his right, and [4] prejudice to the defendant." Barker, supra, 407 24 U.S. at 530). 25 A balancing of these four factors reveals that Movant has been deprived of his right to a speedy 26 trial. Thus, this case must be dismissed. 27 /// 28 A. LENGTH OF THE DELAY -5- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 The complaint against Movant was filed in June 2003. Movant appeared mid-2008. This almost 3 five year delay clearly shifts the burden to the prosecution to justify its delay. 4 5 B. THE REASON FOR THE DELAY 6 The prosecution bears the burden of bringing the defendant to court. "A defendant has no duty to 7 bring himself to trial; the State has that duty as well as the duty of insuring that the trial is consistent with 8 due process." Barker, supra, 407 U.S. at 527). In Doggett v. United States (1992) 498 U.S. 1094, 112 S.Ct. 9 2686, The Supreme Court found that "mere negligence ... falls on the wrong side of the divide between 10 acceptable and unacceptable reasons for delaying a criminal prosecution once it has begun." (Doggett, 11 supra, 112 S.Ct. at 2693). Furthermore, "the risk of clerical error or neglect on the part of those charged 12 with official action must rest with the prosecution, not the defendant in a criminal action." (Svkes v. 13 Superior Court (1973) 9 Cal.3d 83, 94). 14 The court in Stabio v. Superior Court of San Diego County (1994) 21 Cal.App.4th 1488, 1495) 15 "proceeded to evaluate the prosecutorial significance of different kinds of delay. It placed justifiable delay 16 at one end of the scale, bad faith delay at the other and official negligence in between." (Stabio, supra, 21 17 Cal.App.4th at 1495; Doggett v. United States, (1992) 112 S.Ct. 2686, 2693.) 18 19 Condoning prolonged and unjustifiable delays in prosecution would both 20 penalize many defendants for the state's fault and simply encourage the government to gamble with the interests of criminal suspects assigned a 21 low prosecutorial priority. The Government indeed can hardly complain too loudly, for persistent neglect in concluding a criminal prosecution 22 indicates an uncommonly feeble interest in bringing an accused to justice; the more weight the Government attaches to securing a conviction, the 23 harder it will try to get it. (Doggett, supra, 112 S. Ct. at 2693-2694.) 24 25 The People have not provided any justification for the unreasonable and neglectful delay in 26 bringing the Movant to court. Since the time of the offense, Movant has lived at the same address and has 27 been arrested once. The People did not bring Movant to court. Without justification, the People should not 28 be allowed to benefit from their own negligence and bring a case forward that the Movant cannot defend herself against. The delay is unjustifiable. -6- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 3 C. TIMELY ASSERTION OF RIGHT TO A SPEEDY TRIAL 4 "The defendant's assertion of his speedy trial ... is entitled to strong evidentiary weight in 5 determining whether the defendant is being deprived of the right." (Barker, supra, at 531-532). Movant 6 asserted his speedy trial rights as timely as possible. 7 8 D. PREJUDICE TO DEFENDANT 9 "When unjustified prejudice to the defendant's ability to defend has been established there can be 10 no question that ... dismissal [is] required. And where the balance of interests establishes a violation of a 11 defendant's speedy trial right because of the impact on his other interests-prolonged restraint, public 12 obloquy, anxiety, stress, and disruption of everyday life-...[r]elief should be granted..." (Serna v. Superior 13 Court (1985) 40 Cal.3d 239 at pp. 263-264; 219 Cal. Rptr. 420, 707 P.2d. 793). 14 "[C]onsideration of prejudice is not limited to the demonstrable. . . Affirmative proof of 15 particularized prejudice is not essential to every speedy trial claim." (Doggett, supra, 112 S.Ct. at 2692; 16 Stabio v. Superior Court of San Diego County (1994) 21 Cal.App.4th 1488). Courts recognize that 17 impairment of one's defense is a difficult form of speedy trial prejudice to prove because time's erosion of 18 exculpatory evidence and testimony "can rarely be shown." (Barker, supra, at 532). However, prejudice 19 can be shown by loss of a material witness or other material evidence, or by fading memory caused by 20 lapse of time. (People v. Archerd (1970) 3 Cal. 3d 615; Barker v. Wingo (1972) 407 US 514; People v. 21 Sahagun (1979) 89 Cal.App.3d1.) 22 Movant could have immediately retained the aid of counsel if she had been brought to trial within 23 the statutorily and constitutionally prescribed guidelines. Armed with an attorney, Movant would have 24 immediately started the process of mounting his defense. He would have interviewed witnesses and 25 procured time-sensitive evidence. Instead, the government, through its neglect in prosecuting this case, has 26 denied Movant access to important evidence which would have led to further exculpatory evidence. 27 Additionally, Movant's and witnesses' ability to recall the facts and circumstances surrounding 28 events in May 2003 have been hindered by the delay in prosecution. Fresh in his mind, Movant would have -7- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 provided information to his defense attorney surrounding the events that led up to the incident. The 3 prosecution's neglect has worked to substantially impair the preparation of Movant's defense. 4 5 IV. 6 A DEFENDANT'S FAILURE TO APPEAR UPON A WRITTEN 7 PROMISE TO APPEAR IS NOT FATAL TO HER CLAIM OF 8 DENIAL OF A SPEEDY TRIAL 9 The Court in Ogle v. Superior Court (1992) 4 Cal. App. 4th 1007, 1021 held that a defendant's 10 failure to appear on a written promise to appear is merely a factor to be considered in the Barker v. Wingo 11 balancing analysis. "Because Kern County authorities failed to make any effort to arrest Ogle at his known 12 address after Ogle failed to appear, the two-year delay was not "attributable to the defendant" within the 13 meaning of Barker v. Wingo. Rather, the Barker v. Wingo factors were relevant to Ogle's failure to appear. 14 The significance of his actions depends on his state of mind when he failed to appear…" (Ogle, supra, 4 th 15 Cal.App.4 at 1019.) 16 Movant, like the defendant in Ogle, failed to appear on a written promise to appear. As the court in 17 Ogle stated, this is not a dispositive factor. Rather, it is merely a factor to be considered in the court's 18 Barker v. Wingo balancing analysis. 19 The People requested the court issue a bench warrant for Movant's arrest when she failed to appear 20 in September 2004 and did nothing else. This can hardly be considered due diligence in bringing her to trial 21 on these charges. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// /// -8- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 CONCLUSION 3 Movant has been denied the right to a speedy and public trial. There is no justification for the 4 government's over two year denial of Movant's right to speedy trial. The People's delay in bringing this 5 matter to trial is a violation of Movant's fundamental, constitutional right to a speedy trial. Thus, Movant 6 respectfully requests this court grant this motion to dismiss the charges. 7 8 9 Dated: June ___, 2008 Respectfully submitted, 10 GARY WINDOM, PUBLIC DEFENDER 11 By: 12 LEN GARBAGE Deputy Public Defender 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 GARY WINDOM, PUBLIC DEFENDER 3 County of Riverside LEN GARBAGE, DEPUTY PUBLIC DEFENDER State Bar No. 911911 4 4200 Orange Street Riverside, California 92501 5 Telephone: (951) 955-6000 Facsimile: (951) 955-6025 6 Attorney for Defendant 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF RIVERSIDE 11 12 THE PEOPLE OF THE STATE OF Case No. RIM436646 CALIFORNIA, 13 DECLARATION OF LEN GARBAGE IN Plaintiff, SUPPORT OF MOTION TO DISMISS FOR 14 DENIAL OF A SPEEDY TRIAL (Serna) vs. [Penal Code § 686(1)] 15 DATE: June 13, 2008 16 LEN GARBAGE, TIME: 8:30 a.m. DEPT: 22 17 Defendant 18 19 20 21 Defendant, LEN GARBAGEdeclares, under penalty of perjury, as follows: 22 1. I am the Defendant in RIM000000. 23 2. I am informed and believe that a warrant was issued for my arrest sometime after the complaint was filed. 24 3. I have resided at 911 SW 00th Street, Riverside, California 92509 since the time of the incident. 25 4. I have maintained a California identification card or driver license with the Department of 26 Motor Vehicles and indicated the 00th Street address as my residence. 27 5. I was arrested in February 2005. 28 /// -10- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 By: 3 LEN GARBAGE 4 Dated: ____________________ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL 1 2 PROOF OF SERVICE 3 I. BY PERSONAL SERVICE 4 I, the undersigned, declare: 5 I am a citizen of the United States and a resident or an employee of the County of Riverside; I am 6 over the age of eighteen years and not a party to the within-entitled action. That on __________________, 7 I caused a copy of the within: 8 NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT FOR DENIAL OF SPEEDY TRIAL; 9 POINTS AND AUTHORITIES IN SUPPORT THEREOF AND DECLARATION 10 To be personally served on the following: 11 12 Clerk of the Superior Court 4100 Main Street 13 Riverside, CA 92501 14 District Attorney 15 4075 Main Street Riverside, CA 92501 16 17 I declare under penalty of perjury that the foregoing is true and correct. 18 19 Executed: ___________________, at Riverside, California. 20 21 By: 22 23 24 25 26 27 28 -12- MOTION TO DIMISS FOR DENIAL OF SPEEDY TRIAL
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Feature Films
ALL AMERICAN HORROR – directed by John Swider
BLOOD PUNCH – directed by Madellaine Paxson
CHRYSALIS – directed by John Klein
SAVAGELAND – directed by Phil Guidry, Simon Herbert & David Whelan
TALES OF POE – directed by Bart Mastronardi & Alan Rowe Kelly
THE PERFECT HUSBAND – directed by Lucas Pavetto
THE SHOWER – directed by Alex Drummond
THROWBACK – directed by Travis Bain
Short Films
ALEXIA – directed by Andrés Borghi
BLOOD RED SHOES - SPEECH COMA – directed by Brian & Karl
BLOOM – directed by Sam LeGassick
CAROLINA PARAKEET – directed by A.J. Briones
COUNTER PARTS – directed by Patrick Rea
DARK ORIGINS – directed by Evan Randall Green
DETENTION – directed by Will Pascoe
DOGCATCHERS – directed by Francis Stokes
FLESH COMPUTER – directed by Ethan Shaftel
GOOD SAMARITAN – directed by Jeffrey Reddick
GRAVE SHIVERS – directed by Brent Sims
HE'S NOT LOOKING SO GREAT – directed by Gregory Kurczynski
HOW2KILL – directed by Kevin Lee Loader
I AM MONSTER – directed by Lori Bowen & Shannon Lark
INNARDS – directed by Bart Elfrink
INSANE – directed by Adam O'Brien
NOT A SINGLE WORD – directed by Cody Holland
ON/OFF – directed by Thierry Lorenzi
ONE PLEASE – directed by Jesse Burks
PITY – directed by John Pata
PRIMROSE LANE – directed by Nick Phillips
ROADSIDE – directed by Tim Wildgoose
SUNDAY'S CHILD – directed by Virgile Dean
THE BANNISHING – directed by Erlingur Thoroddsen
THE BARISTA – directed by Rebekah McKendry
THE BEST HALLOWEEN EVER – directed by Cullen Thomas
THE BEST THERE EVER WAS – directed by Derek Cole
THE CYCLIST – directed by Christopher Bryan
THE JIGSAW – directed by Al Safar Brothers
THE NIGHT IS OURS – directed by Aubree Bernier-Clarke
THE STOMACH – directed by Ben Steiner
THE WYATT – directed by Mark Bessenger
TIMOTHY – directed by Marc Martinez Jordan
VOMICA – directed by Andy Green
WATERBORNE – directed by Marisa Brown
AT YOUR DISPOSAL – written by Diana Woody
DEATH AND THE WIDOW – written by Gregory Fishwick
HIBERNATION – written by Mike Briock
INCINTA – written by William Schlichter
NIC CAGE VS ZOMBIES – written by Ian Fortey
PLAY VOODOO FOR ME – written by Stuart Wright
Film and Screenplay submissions for the 2014 NOLA Horror Film Festival are now CLOSED.
Please visit our SUBMIT page for more information (click on the image to the left).
We look forward to viewing your films and reading your scripts!
The NOHFF welcomes IATSE LOCAL 478 as proud sponsor of the 2014 NOLA Horror Film Fest.
The 2013 New Orleans Horror Film Festival is extremely honored to present the Lifetime Achievement Award to actor KEN FOREE.
Ken Foree began his career in off-Broadway theater and worked as an assistant manager at a restaurant in Greenwich Village, in order to keep himself afloat during his salad days. Foree is best known as the protagonist Peter from the horror film "Dawn of the Dead", and as Roger Rockmore on the Nickelodeon television sitcom Kenan & Kel. Foree began acting in the 1970s, appearing in the 1976 film "The Bingo Long Traveling All-Stars & Motor Kings" and the films "The Wanderers", "Knightriders" and "From Beyond". Foree has become a Rob Zombie staple, appearing in "The Devi's Rejects", "Halloween", "The Haunted World of El Superbeasto" and "The Lords of Salem". Ken Foree has appeared in over 100 films and television shows.
The 2013 NOHFF is extremely proud and honored to invite JONATHAN TIERSTEN to this year's New Orleans Horror Film Festival.
Jonathan Tiersten is best known for his role as Ricky in the 1983 cult classic "Sleepaway Camp". He returned to the role in the 2008 sequel, "Return to Sleepaway Camp". In between acting Jonathan took to music, fronting a number of bands, mostly based out of the Boulder Colorado area. Tiersten is currently the lead singer of his own band, Ten Tiers. In 2012 and 2013 Tiersten garnered three best actor awards and was nominated for a fourth for his portrayal of John Doesy in "The Perfect House". Tiersten also recorded a version of the (Grammy Hall of Fame) Mickey and Sylvia song 'Love is Strange' for the remake of Ed Wood's "Plan 9 From Outer Space" called "Plan 9", starring Brian Krause (Charmed).
9/29/12 - The NOHFF Tickets & Passes go on sale TODAY!!! The are THREE (3) TICKET OPTIONS:
SINGLE ADMISSION TICKETS (good for 1 individual screening)
FIVE SCREENINGS BUNDLE (good for up to 5 screenings)
WEEKEND PASSES (good for ALL screenings and events)
Click on the BROWN PAPER TICKETS logo to purchase TICKETS/BUNDLES/PASSES!
9/28/12 - IT HAS ARRIVED! The 2012 NOHFF Schedule is now available for your viewing (and attendance planning) pleasure! Click on the link below to check out the dates and time for all of the films screening at the 2012 New Orleans Horror Film Festival.
The New Orleans Horror Film Festival is extremely honored to present the Lifetime Achievement Award to director WILLIAM LUSTIG.
William Lustig directed such genre classics as "Maniac", "Vigilante", "Uncle Sam", and the "Maniac Cop" series. (He has also worked as an actor, playing small roles in his own films, as well as in films by Sam Raimi - most notably as a fake shemp in "Army of Darkness" and a dockworker in "Darkman".)
Lustig went on to produce retrospective DVD documentaries for Anchor Bay. He is now currently the President and CEO of the outstanding DVD/Blu-ray label BLUE UNDERGROUND (which restores and re-releases popular and little seen cult movies and other grind house action, drama, and horror films).
For more information about director William Lustig, click on his image.
The NOHFF is extremely proud and honored to invite JEFFREY REDDICK to this year's New Orleans Horror Film Festival. For those who are off their horror knowledge, Jeffrey is the creator of the "Final Destination" film series (having written the first script). He's also the writer behind "Tamara" and "Day of the Dead".
Jeffrey will be on hand all festival long. He'll be presenting the award for Best Screenplay at the NOHFF Awards Ceremony. Plus, he'll be hosting a Panel Discussion on horror screenwriting (so you won't want to miss that)!
For more information about screenwriter Jeffrey Reddick, click on his image. You can also check out his IMDb page and follow him on Twitter!!!
9/5/12 - With the submissions now closed for the 2012 season, there are some very exciting announcements on the way! Even though we will be posting all of the updates here, the best way to keep up to date is by following us on FACEBOOK. So follow the below link and click 'LIKE'. You'll be glad you did!
12/30/11 - CALL FOR SUBMISSIONS!!! The New Orleans Horror Film Festival is open for business! We've added a couple of categories this year to the festival. The THREE new categories are:
10/23/11 - NEW NOHFF Teaser Logo Promo! Check out our little promo teaser video below! :-)
10/20/11 - SCREAM OR DIE teaser!!! Our main sponsor, Scream Or Die - a horror channel (VOD horror classics and original content), has produced a teaser trailer. Check it out!!!
9/30/11 - MovieMaker Magazine names the New Orleans Horror Film Festival as one of the 13 Horror Film Festivals to Dir For!!! Click the logo below to read the article...
9/21/11 - The NOHFF Tickets & Passes go on sale TODAY!!! Visit the FILMS page and click on the BROWN PAPER TICKETS logo under the selected film block to purchase separate tickets for individual screenings. OR if you're in for the long haul, you can purchase any number of DAY and WEEKEND PASSES!
9/15/11 - The NOHFF Screenplay Finalists are announced today! Visit our FILMS page to see a list of the scripts that will be competing for this year's prize. CONGRATS to all of the selected Writers!!!
9/14/11 - The NOHFF welcomes three new Sponsors!!! SCREAM OR DIE is a horror channel - VOD horror classics and original content. Visit screamordie.com for more information. Wes Craven's SCREAM 4 hits stores on Oct. 4th. And John Landis' book MONSTERS IN THE MOVIES takes a look at 100 years of, well, monsters in the movies...
9/12/11 - NOHFF Schedule is up!!! Visit our FILMS page to check out the Dates and Times of the movies screening this year (so you can plan your viewing accordingly). Tickets on sale at BROWN PAPER TICKETS soon...
8/26/11 - The NOHFF Officially Selected films (Features and Short) are announced today! Visit our FILMS page to see a list of the movies that will be screening at this year's festival. The 2011 Screenplay finialists will be announced on September 15th. CONGRATS to all of the selected films and filmmakers!!!
8/25/11 - It's been a while since our last news update (on the official website). Some of our more recent news items were announced on our Facebook page. And we'll actually be using that social media outlet for quite a few of our announements.

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Coast to Coast (and back?) with an Italian Supermodel
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Beastly Adventurer
Joined: Jul 2012
Location: Above ground
Oddometer: 1,381
Very interesting perspectives on the track. I read Lorenzo's take on CotA and I wish I could find where I'd read it, because it was a great description of how challenging the track is. Fortunately, I wasn't doing a time attack and in the second and third sessions I focused on being smooth and having fun.
Though I never really felt comfortable with the track, the R just got more and more brilliant. It did whatever I wanted it to, whenever I wanted it to. "Video game" motorcycle is not an exaggeration. The journos had been talking about how you could brake as hard as you wanted to right to the apex....and with the bike responding to every input (nay--thought!) and I began exploring braking later and later at shallower and shallower lean angles down to the point where I could feel the front end 'creeping' sideways at/near full lean. Pretty cool. So much traction, so much feedback. Sublime. Totally sublime.
The film crew Ducati hired are the ones responsible for that GoPro. They were also out with a slo mo cam (like the one used for that Casey Stoner video) and, of course, all their other gear, getting shots of me missing apexes and being passed. Final edit should be done soon.
In between sessions 2 and 3 Ducati came and asked me if I could do an 'interview' with Nicky Hayden. Sure....but what the hell do I say? "Just talk about your trip." Sounds good. I peeled off my leathers, then I think I drank a bottle of water and took a leak. I might have sat staring into space while eating one of the delicious snacks they had in the paddock and I could have possibly taken some pictures of my toes. Then, as I went to find Gabe, the head camera honcho, he finds me. "Hey we're waiting." Shit, we're doing this NOW? I went outside to find they'd set up in front of a paddock door, and from Hayden's expression I think they'd been waiting for longer than convention typically allows. As we talked about what the hell we should talk about, No. 69 takes over and says, "I got it" and starts asking me questions. Content problem solved.
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After a district court judge rejected a $324.5 million settlement in August, the tech firms are hoping the Ninth Circuit will intervene.
What gets an app rejected from the iTunes app store? Apple has released a breakdown of what developers are doing wrong.
Judge Lucy Koh says class action suit, also involving Intel and Adobe, has compelling evidence that former Apple CEO Steve Jobs was "a, if not the, central figure in the alleged conspiracy."
The wireless carrier's argument that "all the kids do it" isn't good enough, the official says in a press conference.
The decision by the USPTO, while relevant to the most recent Apple v. Samsung patent-infringement trial, isn't final and could take months or years to come to conclusion.
The app's creator has decided to turn the app into a Web-only program after Apple decided daily Steve Jobs quotes weren't enough.
Apple and Google have started rejecting games that have the word "Flappy" in the title on IP infringement grounds, developers are reporting.
The CSS Regions would have helped ease magazine-like layouts on the Web. But Google's priority now is on performance, not features -- especially mobile browser performance.
The retail giant will not be seeing its first established union in the United States.
A Pew survey suggests that evolutionary skeptics continue to be out there. They are many.


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Santa Paula police, fire benefit salutes the '70s
Santa Paula event boosts tight budgets
With hip-shaking disco moves, the Hom brothers, Daniel and Stephen Hom led the polyester and sequins-clad crowd Saturday in celebrating the 1970s at Moonlight at the Ranch in Santa Paula.
"Happy birthday, Mom," the siblings said as they snagged a portion of the prize for best disco dancing. The young men were visiting their parents, Daniel and Stephanie Hom, of Apple Valley, to celebrate Stephanie's birthday.
"This was a surprise for our mom that our sister arranged," said Daniel Hom, who was wearing vintage white polyester pants and a shiny shirt opened down to his navel. Stephen Hom, meanwhile, was clad in tight short-shorts.
According to the event's chairman, Santa Paula Fire Chief Richard Araiza, who was almost unrecognizable in his curly black wig, the money raised from the event goes to the Santa Paula Police and Fire Foundation and the Santa Paula Chamber of Commerce.
"Santa Paula has a limited budget, and for the past seven years the foundation has supplemented the budget so we can buy needed equipment the city can't afford. We've been able to get a Jaws of Life and microphones that make it so we can talk with the breathing apparatus," Araiza said.
The annual event takes place at the Limoneira Ranch just west of Santa Paula and this year was sold out, according to event announcer and greeter Peggy Kelly, who was decked out in Christmas ornaments she had fashioned into earrings and a silvery sequined hat.
"This year we're expecting around 1,000 people," she said, adding that the event is popular not only for Santa Paula and Ventura County residents but also for people from Santa Barbara and Los Angeles counties.
"Everybody loves disco music. They might hate the disco era, but they loved the music," Kelly said.
The Santa Paula Police Department had its urban assault vehicle on display along with equipment and weaponry it has been able to buy because of the event. Steven McLean, who took over as police chief in July, had to shout over the disco music thundering from a nearby amplifier as he said there has been an increase in violent incidents around the city recently.
"The way the Police Department was doing things was all wrong. You don't deal with criminals by being reactive. You go after them by being proactive," McLean said.
During a "Get your Groove On" reception, Burma Baselice of Red Hot Foods in Santa Paula was challenging partygoers to test her various salsas.
"Try the scorpion pepper salsa. It has 1.3 million Scoville units," said Baselice, who also was featuring the K-9 Salsa, which benefits Santa Paula's Police and Fire Departments. "We do this because their budgets are tight and they have special needs."
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When the pages of Liberia's post-war political history are written, there will be a mention of high-ranking names such as Ellen Johnson Sirleaf, Charles Brumskine, Prince Johnson, James Fromayan, Varney Sherman and a host of other characters who endeavored to make it to the acme. However, it will certainly be considered the greatest pathological blunder when the writers wittingly or unknowingly skip that of George Manneh Weah, whom many refer to as the "Political Jesus" of the moment, the one who draws all men to him, when stands up. He attempted twice and came very close to becoming Liberia's next youthful president after Samuel Kanyon Doe. His Congress for Democratic Change (CDC) says he was robbed by forces of cheat. But that may not be enough tangible reason to stop him from pushing further in the interest of the country and people he claims to have love. Now, with the 2017 general and presidential elections still a distance away, and considering the strategic nature of 2014 senatorial mid-term to his unending ambition for the presidency of Liberia, Weah has finally accepted to put his hat in the race, and is likely to become a formidable force. The New Republic reports on the latest emanating from the corridor of the CDC and the chance thereof.
After months of mounting speculations surrounding the interest of Congress for Democratic Change (CDC's) standard-bearer in contesting the pending senatorial mid-term elections, it is now established that Ambassador George Weah will certainly stand as one of the many likely candidates political parties will put forth.
Confidential and unimpeachable CDC sources told this paper Monday that the National Executive Committee (NEC) of the party met at Weah's Rehab home on Saturday of last week at which time he conceded to run, with the NEC giving its unwavering and unanimous approbation and endorsement.
This is to say that CDC's candidate for the pending senatorial race will be no other than its Standard-bearer and that any other partisan thinking in the direction of running should rethink such decision.
Liberians go to the poll in a by-election intended to elect senators as the tenure of current so-called senior senators elected in 2005 expires in 2014.
Reports, rumors and speculations about Weah's involvement in the pending election billowed in recent times and gone far and near, but the CDC or Ambassador Weah found no interest in speaking to the issue.
But at Saturday's red-lettered meeting of party executives, a decision was made, with the celebrated young politician agreeing to stand as candidate.
According to our source, the decision for his getting into the race followed series of consultations with him and other stakeholders, most especially his family in the United States.
The party, sources said, has been in conversation with him concerning his participation in the senatorial race, but he played down such conversations and promised to consult with his family before making any conclusions.
His chances
George Weah came to the limelight of politics in 2005 during the first elections that followed years of fighting between Government forces and rebels of the Liberians United for Reconstruction and Democracy (LURD).
He may not be one of the best Liberia can boast of, but he is certainly the most populous and most youth-gravitated-to politician of the time, considering his successful footballing career, as one who is seen as an inspiration to Liberian football.
As standard-bearer of the CDC, one of the many parties that sprang up during the elections, Weah became the hero of the time and won the support and admiration of most Liberians, especially the youthful voting population.
As a consequence of his popularity, the CDC came first at the end of the first round of the elections but did not obtain the 50.1% requirement to be declared the winner.
However, Weah and his CDC lost to Madam Ellen Johnson Sirleaf's Unity Party in the run-off election in what the party termed dubious and questionable circumstances, and even challenged the outcome of the elections.
The NEC at the time ruled in favor of some of the qualms raised by the CDC but noted that those were not enough to alter the results of the elections in its (CDC) favor.
Many blamed the loss of the party on Weah not been too schooled and exceedingly sophisticated to become president of a country that was badly in need of serious resuscitation.
He was scolded by his opponents as not having the credentials and wherewithal to lead Liberia considering him not being "a high school graduate" coupled with lack of experience administratively and politically to manage a Liberia so plastered with mounting problems.
George Weah, at the end of the 2005 elections, did not the most honorable thing of accepting the criticisms so positively and decided to go school, firstly to refine himself and secondly to prepare himself for the task ahead.
The CDC strongman who many said is behind most of the problems affecting the party with most outstanding members defecting to other parties, managed to earn for himself a degree from one of America's universities.
Many, even those criticized him in time past hailed him for the achievement and later returned to Liberia to a tumultuous welcome.
However, Ambassador Weah stunned the country and some of his partisans when he decided to run not as standard-bearer of the CDC in the 2011 general and presidential elections, but as running mate to Cllr. Winston Tubman, who many said was so eccentric to the values and deals to which the CDC subscribes.
Since the end of the 2011 elections, the CDC has been struggling to find its bearings as well as its feet on the grounds in that it expelled Cllr. Tubman and that its mini convention was marred by uproar and tension to the extent that some of its partisans, including former Chairman Horatio Gould had to break away and form an alternative party to the CDC.
At the end of the convention held in Tubmanburg, Bomi County, Ambassador Weah was elected standard-bearer of the CDC, putting him in the position to pilot the affairs of the party and change the course of events.
The party, seen by some in governmental circle as troublemaker, is always at loggerhead with the government, the recent situation being the contention surrounding plan to commemorate its partisans that got killed on November 7, 2011 when police officers fired on partisans during an election campaign.
Notwithstanding these vexing circumstances, many Liberians, no matter at what level of professional life, are not ruling the CDC out as it is still being considered as the most formidable opposition party next in succession to the Unity Party.
Formidable force
As President Ellen Johnson Sirleaf and Senator Prince Johnson classed themselves "formidable" in the just ended elections, so is Weah seen as the formidable force in the pending senatorial elections.
It is no doubt that Weah remains the choice of most of the young force here in Liberia, particular in Monrovia and that is likely to play out well in the elections.
In the past two elections of 2005 and 2011 as well as other by-elections here in Montserrado County, the CDC proved worth of its strength, taking most seats.
In 2005, the CDC dominated the National Legislature at the level of the House of Representative, but the formula changed a bit in the 2011 elections in that it lost most of its seats either to the UP or other parties.
During the just ended elections, the CDC's candidate, Geraldine Doe Sheriff who came to the fore during the bye-election to fill the seat made vacant by the loss of Senator Hannah Bryant, defeated the UP's consensus candidate, Lewis Brown, now Minister of Information.
The UP did not field a senatorial candidate but asked all its partisans and supporters to vote for Mr. Brown, a former opposition leader who crossed carpet at the eleventh hour.
Weah is likely to be a formidable force because of the strength of the CDC in Montserrado County coupled with his popularity.
In fact, there are reports that some lawmakers are in support of Ambassador Weah putting his hat in the race to use it as launch-pad for his presidential bid.
Representative Edwin Snowe of Montserrado County District #6 is on record expressing support for a Weah candidature, and promised not to run but to encourage the former world best footballer to get in the race.
He said at the time that he would support him, and with an Edwin Snowe backing a George Weah, two young popular politicians, analysts say the dice is cast and Weah will be a force to contend with.
He has two options, according to analysts all of which are hundred percent possible. According to the, he could run for Grand Kru County, where he hails, or Montserrado County, where he resides.
Weah's CDC won in Grand Kru County and according to analysts, he could also win should he go in the race for Grand Kru.


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Better Off In The Long Run: Deal David Price Now
Winning seven of their last eight ballgames, including a three-game sweep of the New York Yankees, the Tampa Bay Rays are finally starting to show signs of life. As our re-energized squad continues to gain momentum heading towards the
David Price Trade Rumors Involve Angels & Blue Jays
David Price is a popular choice to be traded before the trade deadline.
Thunder and Heat Interested In Caron Butler
The Thunder and Heat remain the two teams who express the most interest in Caron Butler.
Bulls and Cavs Interested In Jimmer Fredette
Jimmer Fredette may be heading east.
Grizzlies Interested In Jimmer Fredette
The Memphis Grizzlies will look into Jimmer Fredette after Sacramento finalized his buyout.
Wizards Expecting To Sign Drew Gooden For A 10-Day Contract
The Wizards are looking to sign Drew Gooden to fill in for the injured Nene.
Minnesota/Denver Is Looking For Miller/Barea Trade
Minnesota is looking to trade J.J. Barea to Denver for Andre Miller.
Kenneth Faried May Go To The Knicks
Kenneth Faried reportedly might be heading to the Knicks.
Could Brett Gardner Be Traded?
The New York Yankees have the outfield depth, but would they really trade Brett Gardner?
Does Anybody Actually Want Jonathon Papelbon?
WIth diminished skills and an outspoken personality, Phillies closer Jonathon Papelbon isn't the hot commodity he once was.


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The man leading the US hunt for biological, chemical and nuclear weapons in Iraq is to resign, according to reports. The loss of David Kay is being interpreted by many analysts as signalling the end of the major effort to discover any hidden weapons.
A number of observers now believe it is unlikely that any weapons of mass destruction (WMD) existed. However, officials from the US administration maintain that if Kay does leave, it would have no impact on the ongoing work of the Iraq Study Group he heads.
According to The Washington Post, Kay has told administration officials that he plans to leave before the completion of the ISG's final report, expected in autumn 2004. He may even leave before the next interim report in February.
Kay has cited personal reasons for resigning, the paper says. But in recent weeks he has softened his line on the probability of finding banned WMD. He is said to be frustrated that some of the ISG's 1400 staff were reallocated to counter-insurgency duties in Iraq in October.
Paul Rogers, at the Department of Peace Studies at Bradford University, UK, thinks Kay's planned departure is significant: "My reading is that it's a serious part of downgrading the whole procedure. I think it's highly unlikely that anything will be found."
Rogers believes the Bush administration is shifting its stance, and no longer sees finding the WMD as a priority. Instead, he says, officials are focusing on the atrocities carried out by Saddam Hussein as the key reason for going to war.
"They've made a transition with the truth and my guess is they're pretty well convinced there's nothing serious to be found," he told New Scientist. "While that may be totally different to what we were told eight months ago, that is the new line."
During a recent interview with ABC News, President George Bush dismissed questions about the failure of the ongoing search. "What difference does it make? If [Saddam Hussein] were to acquire weapons, he would be the danger."
Since the end of the conflict, ISG staff have taken soil samples, inspected hundreds of factories and laboratories and interviewed many Iraqi scientists in their hunt for the weapons, but found almost nothing.
ISG "mobile exploitation teams" are armed with an array of scientific equipment including Chemical Agent Monitors, designed to quickly find chemical weapons, Portable Isotopic Neutron Spectroscopes for identifying radioactive materials in sealed containers and a handheld instrument that can spot the DNA of biological weapons.
Only a single vial of botulinum toxin, an extremely poisonous substance, has been found, in the house of an Iraqi scientist.
Courtesy Josh Kirby


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NNT: Thrombolytics have a long way to go to be proven effective
Color Code
Take Home Message: Aspirin is beneficial for patients with acute ischemic stroke
Details: Ischemic stroke is thought to occur by the activation of platelets or by plaque rupture in the cerebral arterial circulation leading to the formation of a platelet clot. Interventions that prevent the clotting of platelets may therefore reduce the incidence and severity of acute ischemic stroke.
The Cochrane review included twelve randomized trials encompassing >43000 stroke patients and, in aggregate, the review clearly suggests a benefit on death or dependency (NNT=79), death alone (NNT=108), and recurrent stroke within 30 days (NNT=140) Included trials compared an antiplatelet agent to control (placebo or no therapy with adequate blinding) for acute stroke, initiated within 14 days of onset.
The review included trials of all antiplatelet agents including COX-2 inhibitors, thienopyridine derivatives, phosphodiesterase inhibitors, thromboxane A2 antagonists, and GP IIb/IIIa receptor antagonists, but 94% of the data came from two trials, CAST and IST, which evaluated 160mg and 300mg of once daily aspirin continued for either two or four weeks.
Caveats: Not all subjects in the review had a CT scan to exclude hemorrhagic stroke prior to randomization, which would lead to an underestimate of benefit when compared to a setting where imaging is obtained before therapy is started. Also, not all of the trials used aspirin, however aspirin is likely the cheapest and most feasible medication for most settings. Because of the small scale of the other trials included in the meta-analysis, there is limited evidence to recommend the use of other antiplatelet agents other than aspirin in patients who cannot tolerate aspirin. Finally, a significant interaction between aspirin and streptokinase was noted in the MAST-I trial, leading to an increase in early and late mortality, thus it is unclear if and when aspirin should be administered to those patients who receive thrombolytic therapy.
Data source: Sandercock PAG, Counsell C, Gubitz GJ, Tseng MC. Antiplatelet therapy for acute ischaemic stroke. Cochrane Database of Systematic Reviews 2008, Issue 3. Art No.: CD000029.
Take Home Message: Thrombolytics should be tested further in randomized trials to help determine which patients will be helped and which will be harmed
Details: Thrombolysis has been rigorously studied for myocardial infarction, and is proven to reduce deaths, although it took >60,000 patients to demonstrate consistent benefits and to clearly define the subgroup that benefits (those with ST elevations). Thrombolysis may also benefit ischemic stroke patients, though only about 8000 subjects have been studied in relevant trials thus far.
There are 12 major relevant trials, and we believe they are clinically (and also statistically) much too different to be combined into a single number. The different trials enrolled patients with different anatomic stroke regions, small- versus large-vessel occlusions, different clinical severities, varying age ranges, different vital sign exclusions, different stroke scale cutoffs, and different times of administration. Therefore we chose to review them individually. We found that six of the trials demonstrated no overall benefit, two suggested a benefit, and five were stopped early because of an increase in deaths in the thrombolytic group. To us, this means that thrombolytics have a long way to go before they can be considered proven safe and effective. As with any drug we would like to see multiple consecutive trials that show a definite benefit in a clearly defined group of patients before we consider this a beneficial intervention.
Caveats: There is, however, a Cochrane review that pooled the data from many trials. We don't endorse this choice, but for completeness: The Cochrane review suggests a 5% reduction in 'death or disability' with thrombolytics (NNT=20), but a 3% increase in deaths (NNH=33) and a 5% increase in major intracranial hemorrhage (NNH=20).
Data source: Wardlaw JM, Murray V, Berge E, del Zoppo GJ. Thrombolysis for acute ischaemic stroke. Cochrane Database of Systematic Reviews 2009, Issue 4. Art. No.: CD000213. DOI: 10.1002/14651858.CD000213.pub2.
The NNT Explained
-David Newman, MD
David H. Newman, MD is author of Hippocrates' Shadow: Secrets From The House Of Medicine
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Coast to Coast (and back?) with an Italian Supermodel
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Beastly Adventurer
Joined: Jul 2012
Location: Above ground
Oddometer: 1,381
Funny thing about Alabama. I didn't think it was so bad. But everywhere I went people asked where I was from (Ducati motorbikes are not so common). When I responded that I was on a road trip seeing the country there was a unanimous reply: "so why are you
?" Well, Barber was fookin' cool. And if you're living in a place you hate so much that you question why strangers are visiting I'd suggest you either get the fuck out or suck it up and realize it ain't so bad.
That's what I thought before Mobile. I'd driven through Mobile before, but never stayed. I had fond memories of Malbis, AL, (your narrator says with a grin), so thought a night in Mobile would allow me to meet up with my dad (who lives in the FL panhandle), and give me a taste or real Alabama slamma living.
(Long exhale.)
Slamma it was. Anyone who's been waiting with baited breath for fortuitous experiences to turn bad turn the pages no further. This is where the chimera breathes some nasty fumes into the R/R.
I've stayed in some shitholes. One unmentioned goal of this journey of mine is to look at the world through Iris-colored spectacles (never done that before), which means I've glossed over a lot of the bad parts of this journey. There's no fun in reporting sandy beige or salamander experiences, and there's no fun in renting headspace to boredom. Dr. J's yacht in NY, the tranquility of Colorado, a drunken sofa in MN, sublimity in Martha's Vineyard--all of those are far more worthy of QWERTY attention than the finger-down-the-throat experiences I've devoted no time to. But Mobile was so bad it demands documentation.
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Home Remedies For Skin Tags On Dogs
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He is munching on nuts,
Utilising the muscles he has.
He has wonderful eyes,
Hawk eyes,
Wide set and is,
Now eating a banana with a plastic spoon.
We have both just motioned for a waiter.
He is masticating on a blob of Almond paste that he,
Has scooped from a glass jar in the,
Center of the table,
With his middle finger,
Nibbling like a squirrel,
And there is something askew,
As he rushes,
To the aid of a woman carrying,
Four heavy bags.
He leaves his own where it is,
I wonder if he's on drugs, or
Just a tourist,
High on Africa,
A white man free to do as he pleases.
I wonder why the other white man on the table next to ours,
First asked him to mind his bags,
Whilst he used the toilet,
And never came back.
Perhaps I read too much into it;
I am a black man preparing to fly, and
Have been informed about baggage,
Left unattended.
-evocative short poetry


text:
Photograph by Julian Noel
Rian: First let me tell you that I loved your book Enchanted Inc. What made you decide to choose NYC as the setting for this book?
Shanna: I'm so glad you enjoyed the book! This one has been really special to me, so the positive response to it has been quite heartwarming.
It's funny, when I first started trying to write chick lit, I wanted to write about places other than New York. New York chicks seem to me to have it easy when it comes to dating and meeting men because there are all those opportunities to run into new people every day. But in a place like Dallas, where you drive everywhere and can go for days or even weeks without ever encountering someone new, there are an entirely different set of challenges that should be explored in fiction.
When I came up with the idea for "Enchanted, Inc.," though, I couldn't imagine setting it anywhere other than New York. New York seems like the kind of place where you might be able to believe in magic. There's something different or unusual around every corner, and there's a certain energy in the air. Dallas, on the other hand, has to be one of the least magical places in the world. It's also not a place where weird things could just slide by without anyone paying attention. Southerners are all up in everyone else's business. If we saw someone wearing wings, we'd ask what the deal was. I'm always amazed at the things I see in New York that everyone else acts like they don't even notice.
I still want to deal with the issues of living in a city unlike New York in a book, but it will have to be a book without magic in it.
Rian: You managed to keep the story realistic while filling it with magical characters and situations. How on earth did you do that?
Shanna: I've always felt that the appeal of chick lit was the blend of reality and fantasy (in the wish-fulfillment sense). The view of dating and romance is, for the most part, far more realistic than you'd find in a romance novel. Chick lit acknowledges how difficult it can be to meet Mr. Right in the first place, how painful and awkward dating can be. But at the same time, there's enough fantasy in there to make it fun to live vicariously through the characters. I'm not brave enough to ditch my whole life and move to New York or London, but when I'm reading a chick lit book, I can temporarily experience life as a New York or London career girl (who's probably living a somewhat better and more interesting life than I would if I did move there).
When I started writing "Enchanted, Inc.," there had been no chick lit with any kinds of paranormal elements published. I wasn't sure how well the idea would be accepted (in fact, I was planning at the time to market it as a fantasy novel). I figured that my only chance of having this book accepted as a chick lit was to keep that balance of realism and fantasy. If my fantasy was going to go so far as to have actual magic in it, my realism had to be that much more realistic in order to ground the story. I couldn't have my heroine living a fabulously unrealistic "Friends" or "Sex and the City" New York life and throw magic into the mix.
I did a fair amount of research and drew upon personal experiences. I guess I've always been fascinated with the idea of being a young career woman in New York and have been absorbing this information over the years. When I was in college, there was a group of four girls I knew who were planning to take the big leap of moving to New York after graduation. They were talking about whether they could afford a two-bedroom apartment, or if they'd have to get a one-bedroom and a sofa bed. They were looking for any and all jobs they could find, just to get their feet in the door. While I was writing for Silhouette, I was always listening to my editor's stories about what it was like to live in New York — things like how she went grocery shopping, how she walked to and from work unless the weather was really nasty. I used to work for a major public relations agency that had an office in New York, and when I worked on multi-office teams I was always hearing war stories about life in New York from the New York staff. They'd talk about sharing a tiny apartment with several other people, how they went out all the time because their apartments were so small, crowded and depressing that they used the city as their living rooms. Once when I was in New York for a trade show, I got dragged out on the town by some of the New York office people, which gave me a non-tourist perspective on the city. That same trip, I also got together with some friends from college who were in the city, and I got a sense of their lives. I had all this information in the back of my head long before I started writing the book, and it all came back to me once I started plotting this book.
Then when I was seriously preparing to write the book, I took a trip to New York just to do research. I walked around all the places where my characters might go, rode those specific subway routes at rush hour, ate in the kinds of restaurants I thought they'd go to — and the whole time I was trying to see everything through my heroine's eyes. The hotel where I stay in New York is in an old tenement building, where the buildings on either side are apartments. That gives me a sense of what it's like to live in one of those buildings (and depending on which way my room faces, I can usually look across the air shaft and straight into someone's apartment). I researched apartments and rents and worked out a theoretical budget for my heroine, based on the salary she would likely have, the rent she'd be paying, and her other likely expenses. For little questions that came up along the way as I wrote, I have a good friend, romance author Barbara Daly, who lives in Greenwich Village, and she was great about checking things out for me to verify details while she was out walking her dog.
As for the work stuff, well, I've done my time in corporate America! I also read a lot of books about office politics.
I threw in a number of pop-culture references to ground the story in our reality. I wanted to give people the sense that these things might really be happening right under their noses in our world, not in some alternate reality.
Rian: When coming up with your characters, did you base any of them on people you know at all? Why or why not?
Shanna: There are two characters based on people I actually know. I have worked for "Gregor" and "Mimi" in the past. Gregor is very specifically based on an actual person (well, except for the turning green and growing fangs part) who shall remain nameless because I don't want him to sue me. Mimi is a composite of all the bad qualities of all the really obnoxious bosses, clients and co-workers I've had. I have had former co-workers e-mail me and ask if she's based on a certain person we worked with.
I got the idea for the group of girls from Texas who decided to move to New York right out of school because if they didn't do it then, they probably never would from those girls I knew in school, but I didn't base any of the characters on them specifically (I don't even remember enough about them as individuals to base characters on them).
Katie tends to see the world the way I see it, but I don't think she's really based on me. There are too many fundamental differences.
All the other characters are totally made up. I may have drawn bits and pieces from people I know, but I wasn't consciously basing characters on anyone. With this book, most of the characters just sprang to life in my head, practically fully formed. I knew them as well as I know some of my friends, right from the beginning. It was almost scary! Most of the time when I write, I do all this detailed character development trying to figure out who my characters are, but my initial notes for this book had maybe one or two sentences written for each character, yet they're some of the most vivid characters I've ever created. They continue living in my head between books, and sometimes they drive me nuts. Owen may be the nicest, most shy guy in the world in the books, but he's got a bad habit of waking me up in the middle of the night to tell me yet another aspect of his life story. (And if that character was based on someone I knew in real life, I doubt I'd still be single!)
Rian: Do you have any sequels planned, or any other upcoming books?
Shanna: The sequel, "Once Upon Stilettos," is already written and scheduled for release May 30, 2006. I just wrote a proposal for a third book, so keep your fingers crossed! Right now, I have a total of five books mentally mapped out, but I keep coming up with ideas, so it's possible I could extend the series even longer if it keeps selling.
I'm starting to put together some proposals for other books because as much as I love this series, I don't want it to be the only thing I do, but there's nothing definite yet.
Rian: What is your favorite genres and books to read?
Shanna: These days, most of what I read is chick lit. That genre has just what I want, with humor and a dash of romance. I tend to gravitate toward British chick lit — authors like Wendy Holden, Jenny Colgan and Elizabeth Young. The British authors have a way of writing underdog heroines I can really identify with. Those were the authors I was reading before chick lit really hit the US, back when I bought books as "souvenirs" when I visited England. I still love that basic, traditional, frothy, fun chick lit style.
I used to be a big fantasy reader, but so much of fantasy can be pretty grim and dark, and that's not what I want to read right now (one reason I wrote a light, fun fantasy). I'd like to see more contemporary fantasy, things more along the lines of the Harry Potter series, but perhaps more adult in nature. I read a fair amount of science fiction and mystery. I'll generally read just about everything except horror (I'm a wimp), but I usually reach for chick lit first, unless I'm in a specific mood for something else. I just spent the holiday weekend wallowing in chick lit, and it was divine! Now, the first cool, rainy day of fall, I'll probably have to do a mystery fest.
Rian: Where do you think that the chick lit fantasy sub-genre is headed, and why?
Shanna: I honestly have no idea! I'm not really seeing any patterns. Most of what seems to be coming out is more on the paranormal side than on the pure fantasy side, but I don't know if that's because of what's being bought or because of what's being written. The sub-genre is so new, it's hard to tell where it's going. I almost didn't write "Enchanted, Inc." because I was afraid there would be no room in the genre for fantasy, but now chick lit with paranormal elements does seem to be pretty hot, and it's still new enough that there seems to be plenty of room for expansion. These things always seem to go in cycles, though. As a paranoid, insecure writer, I live in fear that it will tank and I'll be left behind.
Rian: Do you ever honestly wonder if magic, perhaps like the kind in your novel, exists? Why or why not?
Shanna: I'm probably going to totally shatter the illusion here by saying that I don't think it's possible. It violates all the laws of physics and conservation of matter and energy and all that. I do think that a gift kind of like what Katie has exists, though. There are people who have the ability to see past illusion, hype and artifice to figure out the truth, and they've got a strong enough internal compass to be willing to point out that truth, regardless of what other people think. They've got the kind of common sense that isn't swayed by trends or popularity. It's a gift that probably isn't appreciated enough in our culture. Those people are seen as stubborn or negative or insensitive. We're almost afraid of the idea of truth.
Rian: What would be your advice for someone who wants to write a chick lit fantasy novel?
Shanna: Let your imagination run wild! There are so many opportunities for story ideas. But ground it in reality. I think it's the reality part that makes a fantasy a chick lit instead of just a contemporary fantasy. It's important to be able to identify with a chick lit heroine, even if she does have superpowers. You've also got to have characters readers can believe in, regardless of what powers or features those characters have. A character with wings has to be just as real as any other character.


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|Before Settlement
"A river is more than an ammenity . . . it is a treasure. It offers a necessity of life that must be rationed among those who have power over it"
(Oliver Wendell Holmes Jr. 1841-1935 U.S. Supreme Court Justice).
Urban Geography Project
Fall 2000
Amanda Bowman
Amy Tirmenstein


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Detroit Reservoir
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Situated at the western edge of the Cascades 50 miles east of Salem, 3,500-acre Detroit Reservoir is one of Oregon's largest and most popular summer boating retreats. The reservoir was created in 1953 with the damming of the North Santiam River. It's over nine miles long with more than 32 miles of shoreline, and reaches depths of 400 feet.
Detroit Reservoir has countless little coves to tuck into, making it a great spot for cruisers seeking seclusion. Rainbow trout and kokanee are the primary angler's quarry here; spots where creeks enter the lake are most productive. If you look up from your line from time to time, you're likely to spot ospreys or bald eagles, both of which call the lake home. Well-established as a recreational hub, the town of Detroit at the impoundment's eastern edge offers overnight visitors extensive services, including campgrounds, stores and restaurants. For boaters seeking a little extra adventure, there's a small boat-in campground on Piety Island.
Courtesy of "Boating in Oregon" by Oregon State Marine Board
What's around here? Location & Nearby Things to See & Do
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Donor Ambassadors
Eleanor Badalich: Expressing Philanthropy Through Time, Talents and Treasure
"We call Casa a retirement community, but I find that I'm as busy now as when I ran my own home," said Eleanor Badalich, an eight-year resident of Casa San Carlo Retirement Community in Northlake. "The difference here is that I only have to do the things that give me real pleasure!"
Eleanor Badalich was born 86 years ago to Yugoslavian parents and grew up in the Belmont Central neighborhood on the northwest side of Chicago. Not interested in being a teacher or a nurse, she attended business college and devoted her entire career to Metropolitan Life Insurance Company, retiring as an office manager at age 59 ½. She is grateful for Met Life's saving and investment programs. "I got in the habit of putting away a little at a time," she said.
"Eleanor's approach to philanthropy reflects her lifelong career as a businesswoman," noted Pat McKinlay, Director, Gift Planning Services. "She is very thoughtful about giving. The first time we met, she was sorting through a two-inch stack of requests for contributions, evaluating the merits of each. About half ended up on her 'yes' list. She is generous, but also deliberate about gift decisions."
For example, after her brother, Frank, passed away, Eleanor saw the tax bite his estate took. She resolved to avoid a similar problem with her own estate by planning for 50 percent of her assets to go to charity.
She is also an avid fan of Charitable Gift Annuities. She created CGAs for several of her favorite causes. Eleanor knows that CGAs not only provide substantial benefit for selected charities, but "offer a significant tax deduction, give you a guaranteed lifetime income at a great interest rate, and allow an additional tax deduction on most of that income."
As a savvy businesswoman, Eleanor would like to see more women learn the value, as well as the satisfaction, of financial planning and philanthropy. "I am amazed how many women don't know anything about finances," she said. "It keeps your mind more alert when you're involved in your own financial planning, just as reading does."
Eleanor often expresses her philanthropy through the use of her time and talents. For example, she is an avid reader. One of the first things she discovered after moving into Casa San Carlo was a lack of large-print books and magazines available to residents like her with declining vision.
As a book lover, she took matters into her own hands. She bought the first 12 books, the start of a collection she circulated from her apartment until she found a large empty closet at the facility.
Gradually, thanks to donations of large-print books from residents and local libraries, as well as more of her own purchases, she moved the growing library of nearly 400 books into bookcases and purchased glass doors to keep the collection secure.
Not only did the number if books increase, but so did the clientele. With a simple card catalog system, Eleanor opens this private library to all residents each Saturday morning for two hours. To date, more than 2,000 books have been checked out. Any issues with overdue books? "If you're ever late, you pay," she said with a twinkle in her eye.
Her involvement at Casa San Carlo didn't end there. Eleanor pursued another of her passions when she joined the Garden Club. Before long, she was President of the Club, which she has served for six years.
"The first meeting I attended here was the Garden Club," she said. "I did not like the way the garden by the greenhouse looked." Now she is rightfully proud to show visitors "Steffy's spectacular rose garden" and numerous large planters along the patio, each brimming with begonias and coleus planted by members of the Garden Club.
In addition, there is a vegetable garden in the back with each plot assigned to a resident who can grow his fill of tomatoes, basil, squash and eggplant. Outside the greenhouse is a water fountain, placed there in memory of Eleanor's brother, who resided with her at Casa until his death in 2001.
Every resident at Casa San Carlo benefits from Eleanor's philanthropy. As if she were still living in her old home, her philanthropic spirit has made her new one a haven for all her neighbors.
A charitable gift annuity is a fast and simple way to make a gift today and still enjoy a lifetime income. For more information, contact Moira McGinley, Presence Health Foundation Office of Gift Planning Services, at 312-308-3244.