text:
Jan. 31, 2001
FRESNO, Calif. - The city of Fresno in conjunction with the Fresno State department of athletics and California State University, Fresno, will hold Trent Dilfer Appreciation Day on Saturday at 12:30 p.m. at Bulldog Stadium. The event is open to the public and free of charge.
Regarded as one of the finest student-athletes in Fresno State history, Dilfer helped guide the Baltimore Ravens to a 34-7 Super Bowl victory over the New York Giants on Sunday. In 29 career starts as the Bulldogs' quarterback, he was 20-9, earning third-team All-America honors from the Associated Press his junior year. Dilfer also quarterbacked Fresno State to what is considered the most significant victory in program history, a 24-7 defeat of USC in the 1992 Freedom Bowl. He is still the Bulldogs' single-season leader in total offense (3,686 yards), passing yards (3,799 yards) and pass completions (254). Dilfer finished ninth in the Heisman Trophy voting as a junior.
"This is an opportunity for all of Fresno to come out and show their appreciation for what Trent has meant not only to Fresno State but to the entire city," Fresno State athletics director Al Bohl said. "He has provided us all with great memories and is the type of person we can take a great deal of pride in."
Scheduled to speak at the event are Fresno mayor Alan Autry, county supervisor Bob Waterston, Fresno State president Dr. John D. Welty, Fresno State head football coach Pat Hill, teammate Brad Bell and Dilfer. Dan Taylor will serve as the emcee. The Fresno State band and cheerleaders will also be in attendance.
Bulldog Stadium gates will open at noon and concession stands will be open for fans to purchase food and refreshments. Seating will be on the west side of the stadium in the red seats. The festivities are scheduled to be completed at 1 p.m., before the Fresno State baseball team takes on BYU at Beiden Field.
|Email this article
|Printer-friendly format


text:
"When our Matilija poppies started flowering I knew I wanted to create some pretty vases to show them off," explains Nicole of The Felted Fox. "I used plastic bottles which I fished out of the recycling bin."
Along with what she had in the recycling bin, Nicole also had some felt and neon pink rope on hand. "All it took was a bit of cleaning and a few drops of glue to make these colorful vases," she says. "These can also be used as desk organizers when the blooms fade." I love it, Nicole! This project has all the marks of a successful Roadkill Rescue project: materials on hand, using something that would have been sent to the trash, and just a few simple steps to create something amazing!
You can get more info on this project at The Felted Fox.

subset: commoncrawl


text:
I have to say, it's rather nice to see Marvel having so much fun with their outer space characters the past few years. With so many alien heroes, villains, species, and empires established over the years, it made sense that sooner or later someone would remember them and bring them back to the forefront. With stories like "Annihilation" becoming such a big success, it was easy to see them sticking around. So with their latest event, "War of Kings," it seemed like a good a time as any for me to dip my toe into the water and see just what it's all about.
So far? If the rest of it is as entertaining as "Secret Invasion: War of Kings," I'll be happy. Dan Abnett and Andy Lanning do a good job of bringing readers up to speed, both on the state of Marvel outer space empires in general as well as what's been happening to the Inhumans as of late. (There's also a "War of Kings Saga" give-away out there that gives even further details, but I was pleased that I was able to read "Secret Invasion: War of Kings" without needing any additional assistance.) And, with the reader up to speed, "Secret Invasion: War of Kings" kicks off the safeties and blasts full-force into a big outer space war. It's a smart usage of the Inhumans, really showing them for the incredibly powerful and potentially deadly force that they really should be. So often when writers use the Inhumans they seem curiously muted and crippled, but Abnett and Lanning take the characters to their full, awesome potential. It's a strong set-up for out-and-out war, and it actually made me want to go back and read comics like "Secret Invasion" and "Guardians of the Galaxy," so Abnett and Lanning are definitely doing something right.
The majority of the book is penciled by Paul Pelletier, who drew CrossGen Publishing's outer space saga "Negation" many years ago. It's a solid art style; it's never terribly flashy, but Pelletier knows how to tell a story well and in a way that pulls the reader through each panel with ease. There are some little bits here and there that play to Pelletier's strengths, from Medusa's incredible flowing hair (it looks positively liquid under Pelletier's pencils), to the expressions of glee, worry, and scheming on the various characters' faces. My best guess is that Bong Dazo handled the pencils in the opening sequence, and they're good too; I like how Dazo draws the Skrull ships limping through the Arkano Nebula, and he's able to build up tension very easily in his art.
In the end, "Secret Invasion: War of Kings" is a fun little action romp. If everyone involved in "War of Kings" is able to maintain this level of fun and excitement, Marvel will once again have another hit on their hands. I'll definitely be back for the next installment.


text:
Breed: ThoroughbredGender: MareColor: BayCurrent Height: 15Age: 1997Primary Discipline: Hunter/JumperTraining Level: Over 90 days - Well Trained
Flo your Love is a registered, 1997 15H Seal Brown registered TB mare, under saddle. Needs refresher, but has gone w,t,c and jumped x-rails. Vetted clean when we purchased her. Despite being a broodmare for years, she can be plucked from the pasture and just ridden. Flo is unbeleivably priced at the moment. Her price will be adjusted at the first preg check and again prior to foaling.
8/5/12 update: This year Flo foaled a tall, solid bay colt with a beautif.ul head and huge kind eye. She is bred back to Tullymor's Ned Devine for a repest breeding of the colt (Quinn) pictured below:
Here is link toAnnabelles (her 2009 Shirex filly's) page. There are two videos and you can see Flo in the first video.
Flo rides quietly and will be bred to AWS/ASHA Shire Sport Horse Stallion Charlie Chimes for a 2012 foal. She has been a wonderful mare and excellent producer and we are seeking a good home for her.
Flo has produced two (5) stunning foals for us, Quinn, Aspen, Air Jordan , Annabelle and Contantina.
Flo is a quality broodmare, easy keeper, trouble free at foaling, has plenty of milk, is a great mom, plays well with others, is sweet and easy to handle. Flo's temperament is a 2...more similar to daraftx then a thoroughbred.
With a refresher, Flo would make a great lesson horse, trail horse and loving family member.


text:
Thr 371 Theatre Design I
THEATRE DESIGN I: PROCESS – Fall 2015 Theatre 371-001
Tuesday/Thursday: 11:30am – 1:00pm
Room: ACW 16
Roy Hoglund
e-mail: firstname.lastname@example.com
Office: AC/W 216 - 424-7043
Office Hours: Tues/Thurs 9:00am – 10:30am, or by appointment
Kathleen Donnelly
e-mail: email@example.com
Office: AC/W 220 - 424-7127
Office Hours: Tues: 8:00am – 10:00am, Wed: 11:30am-12:30pm, or by appointment
Text: There is no required text for this class. Recommended reference books:
J. Michael Gillette: Theatrical Design and Production, 5/e
Rebecca Cunningham: The Magic Garment: Principles of Costume Design, 2/e
Additional Required Reading:
Cat on a Hot Tin Roof by Tennessee Williams
Course Description:
Theatre Design I will explore the process of theatrical design as it applies to scenic, costume and lighting design. This course will build upon the techniques and skills acquired in the Fundamentals of Design class, and further the student's understanding of the world of theatre design.
Value of a Liberal Education: Liberal Education is an approach to learning that empowers individuals and prepares them to deal with complexity, diversity, and change. It provides students with broad knowledge of the wider world (e.g. science, culture, and society) as well as in depth study in a specific area of interest. A liberal education helps students develop a sense of social responsibility, as well as strong and transferable intellectual and practical skills such as communication, analytical and problem-solving skills, and a demonstrated ability to apply knowledge and skills in real0 world settings (AAC&U; http://www.aacu.org/leap/what_is_liberal_education.cfm)
Connection to this course: Theatre is a collaborative creative process requiring a broad knowledge of the human condition to be successful. The importance of theatre in society is well documented, and understanding the role it plays in society contributes to the development of a well-rounded citizen. Theatre, as with all areas of the Liberal Arts, is most effectively employed when it is built on a broad base of knowledge.
The goals listed above will be achieved through the following objective of this course. This course will focus on the further development of the designer's skills of visual communication, and the process of design for the Theatre. The course will explore advanced color theory, element of texture, rendering techniques, computer assisted drafting, and model making for Theatre. These principles will be demonstrated and tested through projects (both realized and paper) and presentations. In order to pass this class the student must demonstrate a proficiency in both scenic and costume design in concept and practice.
A series of lectures will accompany each of the projects. It is important to realize that this time will be spent establishing the base of knowledge required to execute the project. Additional studio time is required of the student to work on the projects or class exercises assigned. The student will keep a log of hours in studio outside of class. A minimum of 3 hours of studio time is required.
Early Alert: After the third week of class, you will receive a grade for your overall progress in this course and each of the courses you are taking. This process is called "Early Alert." You will receive this information in an email during the 5th week of classes. Early Alert is designed to help you evaluate your study skills and your class attendance so that you know if you are on the right track. If you need to make some changes, there are resources available to support your academic success. These Early Alert grades are not permanent and will not appear on your transcript.
In this course, your Early Alert Grade will be assessed based on Project #1: Exploring the Element of Color.
E-Portfolio: As you move through your courses at UW Oshkosh, you will archive your learning in an ePortfolio. The ePortfolio can be found in D2L. The ePortfolio will help you keep track of papers, speeches, reports, projects, and other assignments, so that you can see your progress and connect ideas across different classes. You can continue to use this portfolio in your major classes, so that you are ready for your Capstone course or experience as you near graduation. In this course, a PowerPoint presentation based on the design work completed in Projects #3 and #4: Costume and Scenic Design for Cat on a Hot Tin Roof, is designated for upload, to your ePortfolio.
Campus Resources: Please visit this resource page (or the D2L course page) to read about all the campus services available to support your success. http://www.uwosh.edu/home/resources)
Writing Center: The Writing Center helps students of all ability levels improve their writing. Trained peer consultants help writers understand an assignment, envision possibilities for a draft, and improve their writing process. They even help writers learn to identify their own proofreading errors. Students can make a free appointment or stop by to see whether a consultant is available. For more information, view their website (http://www.uwosh.edu/wcenter), call 920-424-1152, email email@example.com, or visit them in Suite 102 of the Student Success Center.
Reading Study Center: The Reading Study Center is an all-university service whose mission is to facilitate the development of efficient college-level learning strategies in students of all abilities. The center offers strategies for improved textbook study, time management, note taking, test preparation, and test taking. For more information, email firstname.lastname@example.com, view the website (http://www.uwosh.edu/readingstudycenter) , visit them in Nursing Ed Room 201, or call 424-1031
Materials: (must be brought to every class)
18" x 24" rough newsprint pad /sketch book
Drawing Pencils: Ebony and HB
White gum eraser
Color media: pan or tube watercolor (Pelikan or Grumbacher (24 colors) is recommended) Brushes: #6 watercolor brush, and 3/4" camel hair watercolor brush.
Watercolor paper, pad 11" x 14" (Avoid pre blocked pad)
Brown paper portfolio envelope - large enough to hold 18" x 24" paper/board Thumb drive
Six projects are required in the Theatre Design 1 class. The purpose of these projects is to introduce the student to the process of design and techniques of communicating design. Each project is designed to challenge the student in different areas of theatrical design. Each project will be critiqued on the day it is due by the entire class. Class participation is mandatory.
Project Descriptions:
Project 1: Exploring the Element of Color - Theory and Technique (Due: 9/24)
The objective of this project is to introduce the student to color theory and it's application to costume and scenic design. Student will explore color applications in theatre design using the watercolor technique of rendering.
Project will consist of rendering samples relating to the application of color theory to theatre design. Project will be graded on creativity and application of color theory and technique.
Project 2: Exploring the Element of Texture in Design (Due: 9/24)
The objective of this project is to introduce the student to the element of texture and it's application to costume and scenic design. Project will consist of collecting samples of material illustrating a variety of textures and relating them back to design choices in theatre. Project will be graded on creativity and application of theory as it relates to texture.
Project 3: Script Analysis and Concept Statement for Cat on a Hot Tin Roof by Tennessee Williams (Due: 10/1 )
Overall Play analysis: Read the play and create a script analysis that answers the questions: Who, What, When, Where and Why? in order to better understand the play and what information is needed to adequately design the play with regards to Scenery and Costumes. The analysis should also include an in- depth look at Scenic and Costume elements as noted below:
Scenic Analysis: Read the play and create a scene breakdown listing scenic requirements for each scene. Create a scenic analysis of play that includes: year, season, socio-economic level, and geographical location.
Character Analysis: Read the play and create a character description for each of the characters in the play. The character analysis should include: gender, age, marital status, occupation, socio- economic status and personality and should be based on the information given in the script.
Concept Statement: Choose a modern painting (with color) that represents the mood of the play. Use that painting to develop an approach to the play that will focus the concept statement and inspire the design.
Project 4: Costume Design for Cat on a Hot Tin Roof by Tennessee Williams (Due: 10/29)
The objective of this project is to design the costumes for the selected play. The student must provide all appropriate paperwork as it relates to this area:
Costume Plot: Create a spreadsheet that plots the characters and scenes in which they appear. This aids the designer in calculating how many costumes each character has and which characters are on stage at the same time.
Research Collage: Create a collage using magazine clippings, and/or scanned images of clothing, accessories hair and makeup for six characters as it relates to your concept. The images should be in color and be large enough to read the details of the item. The six characters should include: Maggie, Brick, Big Daddy, Big Mama and two other characters of your choice. Each collage should be 12" x 18" and contain the name of the play and the character.
Line Sketches: Choose a scene in the play and create sketches for each character based on the research collage in step 2. You should try to create more than one idea for each. You can use the croquis that you developed in Fundamentals of Design as a basis for these sketches. Meet with the instructors to go over the ideas and choose one for each.
Color Boards: Layout a sheet of pastel paper or drawing paper (18" x 24") and divide the paper into 8 boxes. The first box will be your title box. The remaining boxes will be used for your costume drawings for the six characters selected in step 4. Transfer the final drawings using transfer graphite paper onto the color board. Choose fabric to represent each of your drawings. Using color pencils, pastel or other dry media, color the line drawings to represent the fabric choices you have decided upon.
Renderings: Create a layout for the renderings that includes title of play, character name, and your drawings from 3. Choose four of the characters from your color boards and create 10-12" drawings of your design and transfer to watercolor paper once your layout has been decided upon. Using watercolor media, render the costume design and attach fabric swatches representative of the color and pattern in your design.
Project will be graded on neatness, clarity of presentation and creative approach.
Project 5: Scenic Design for Cat on a Hot Tin Roof by Tennessee Williams (Due: 12/8)
The objective of this project is to learn the process of scenic design and design the scenery for the selected play. Scenery project breakdown includes the following:
Research Collage: Create a research collage for the play that includes multiple pictures of neighborhoods, houses, interiors and furniture. You should include color indications for the time period. In addition to this, you should create a rough layout of the real house. In the final stage, this research should be laid out and mounted onto a board for viewing and include the title of the play and your name.
Rough Sketches and Groundplans: Working with an 1/8" groundplan of the Fredric March Theatre, create a rough groundplan of the scenic design. Illustrate through rough sketches how each scene would look based on the groundplan.
Groundplan: Create a 1⁄4" scale groundplan using the Fredric March Theatre as your space. This groundplan will be done on the computer using Vectorworks. The plan should include all levels, steps (including escape stairs), doors, windows, dimensioning and furniture.
Elevation: Create a 1⁄2"scale elevation of significant walls, which includes all doors and windows. Elevation will be transferred to watercolor paper for painter elevations in the step 6.
White Model: Create a 1/4"scale white model using the groundplan and elevation created in previous steps. Print out groundplan and mount on foam core board. Model will include all platforms, stairs and levels. Reduce Elevation to 1⁄4" scale and transfer to Bristol board to create the walls in the model. Proscenium arch, masking and figure to scale should be included.
Painter Elevations: Elevation previously transferred to watercolor paper is to be used to create painter elevations indicating colors and patterns that would be used for walls, doors, and floors.
Project will be graded on neatness, clarity of presentation and creative approach.
Project 6: Lighting Design: 24 Hours AM/PM: Sunrise on Earth by Michael Lewis (due: 12/17)
The objective of this project is to design the lighting for the selected scene from the play listed above, and create a presentation that evokes the mood, tempo and spirit of the piece.
Project requirements:
• •
Concept Statement that includes: an analysis of the play and visual approach to the play, as it relates to the Lighting Design
Visual Research that includes a selection of paintings, photographs or work of an artist who captures the
spirit of the play, from which to base the design
Sound Research that includes a selection of a piece of music that evokes the mood of the play that will serve as background music for this project. Note: Instrumental version of the music without additional lyrics works better for this presentation.
Completion of the project will include:
Lighting demonstration with 6 - 10 cues, illustrating key moments in the play. The demonstration will
be presented along with an audio of the script and the music selection. Equipment will be provided for playback. A light plot will be established for the group, but each student has the option to add one special and to choose appropriate color filters based on their approach. A dress form with a neutral colored costume will be provided to represent the actor.
o Copy of the script with indications for placement of cues.
o Light plot that indicates: circuit #, color filters used for each instrument, and any additional
instruments used as specials.
• PowerPoint Presentation to be uploaded to D2L that includes:
o Concept Statement
o Visual Research Images
o Music Selection
o Images of color filters used o Cue Sheet
Project will be graded on creative approach, and clarity of presentation.
Attendance Policy:
Consistent attendance in studio is critical to understanding the process and techniques of design. If a student is going to be absent for a lecture, they need to contact the professors in advance of the class. The student is also responsible for getting the material that was covered, and be prepared for the next class. Two unexcused class absences will not affect grade, however unexcused absences in excess of two will decrease your overall class grade by two points for each absence thereafter. Because it is important to keep up with the time schedule allotted, no late projects will be accepted without documentation in accordance with the Dean of Students policy on absences.
Attendance at Department Performances:
The student is required to attend the two department productions this semester: Our Town and These Shining Lives. A class discussion relating to design elements in the production will follow the closing of the production.
10% Project 1: Color Theory and Technique
10% Project 2: Texture in Design
10% Project 3: Script Analysis and Concept Statement 25% Project 4: Costume Design
25% Project 5: Scenic Design
20% Project 6: Lighting Design
|Auditions: Our Town
|Intro to Course/ Project 1: Color Theory in Design
|Theatre Open House
|Intro to Watercolor Technique/ Workday
|Intro to Project 2: Texture in Design / Workday
|Intro to Project 3: Script Analysis and Concept Statement
|Project 1 & 2 due/ Intro to Project 4: Costume Design
|Costume Design Paperwork/ Plots and Lists/Plot Workday
|Auditions: These Shining Lives
|Theatre Major/Minor Meeting
|Research Resources/ Trip to Library/ Project 3 due
|Research Workday/ Sketching in the Design Process
|Costume Design – Rough Sketches
|Costume Design – Final Line Drawings
|Costume Design - Color Plots and boards / Fabric selection
|Performance: Our Town
|Costume Design – transfer line drawings to water color paper
|Costume Design - Renderings
|Intro to Project 5: Scenic Design/Research/Styles & Types of scenery
|Auditions: Clybourne Park
|Present Project 4: Costumes for Cat on a Hot Tin Roof
|Scenic Design – Floor plans and Rough Sketches
|Scenic Design – 1/8" Goundplan
|Intro to Vectorworks/Transfer Groundplan to computer
|Scenic Design - Elevations
|Scenic Design – Transfer elevation to computer
|Scenic Design - Modelmaking
|Performance: These Shining Lives
|Scenic Design – Modelmaking Workday
|Scenic Design – Painter Elevations
|Intro to Project 6: Lighting Design for Sunrise on Earth/ Music
|Present Project 5: Scenery for Cat on a Hot Tin Roof
|Lighting Design - Workday.
|Lighting Design Workday
|Present Project 6: Lighting for Sunrise on Earth


text:
In 1889 Samuel Clemens (AKA: Mark Twain) published "A Connecticut Yankee in King Arthurs court". The Cliff Notes version is a foreman in a firearms factory located in Hartford has a workplace accident and is transported to medieval England. Once there he attempts to fight social injustice and superstition with his superior knowledge of mans progress and advancements over the years.
Imagine if you will the protagonist of our story Hank Morgan propelled not 1300 years into the past but a mere 186 years into the future. What would shock him more, the state of human affairs in medieval England or the changes in his Hartford Connecticut neighborhood? Surely he would have thought the advances in science and human knowledge would lead to a better life for all.
He would be shocked to see the abundance of ably fit young people standing around doing nothing. When he finds out it is the result of the government supporting such sloth he would wonder what happened to the New England work ethic and the Yankee ingenuity so prevalent in his day. Some might be explained away by the myriad of government agencies created to provide employment for unemployable acquaintances of whoever was last elected. Whose actual effect is the stymieing, taxing and collecting fees from anyone with ambition.
Hank would witness his own industry under assault from the same groups that look to confiscate portions of profit he worked so hard to earn. Mr. Morgan would immediately recognize the absurdity of demonizing the fruits of his labor when used by criminals but coveted by government under the rule of law. He would see his legal customers made criminals by the stroke of a pen and made to jump thru hoops just to purchase his product still deemed legal for the moment. Those that try to follow the law and are rejected are threatened with the same arms they were trying to register. (Link here) To make matters worse still the State police tasked with maintaining law and order seem to be chomping at the bit to use their assault rifles to kick in the doors of the people that they are paid to protect.(See 7:30 of video)(Cop vows left nut to kick in doors)
He would see a government he doesn't recognize from his days in Harford. He would witness town hall meetings with only the handpicked whose only goal is not to listen but collect sound bites. He would see slavery by the individual replaced by the more insidious slavery by the state. Shockingly find that sex, formally quietly shared between loving couples now shouted from the rooftops as if it was just discovered. Found that faith in religion and science replaced with preachers of hate and envy and science derailed by wizards like Al Gore.
Yes Hank Morgan would find quite a different world from the one he left in 1828. He might even find himself by default the smartest person in town not having a degree from an institute of higher indoctrination. What he would discover is that whether medieval or modern man is man. The strong will try to control the weak, the smart the gullible and men will line up for what is "free" even if it cost them their liberty.


text:
Tuesday, February 26, 2013
I Got So Scared!
2 comments:
Very sorry to hear that, and I hope he'll feel better soon. Keep up the cold compress + NSAIDs (Ibuprofen, taken with food and/or milk... tough on the stomach) to reduce inflammation. Ibuprofen doesn't cause liver toxicity like, whereas acetaminophen (Tylenol) does. After he's feeling a little better he could switch to to a heating pad in a few days. Some of the muscle rubs (similar to efficascent oil or Omega rub from Philippines are pretty good), especially those with methyl salicylate. My wife and I usually try to get those whenever we go to Philippines.ReplyDelete
Just found your blog and followed, looking forward to reading it. Please stop by mine if you get a chance. Take care!
Thanks for your concerns and for the great tips. He's doing okay now but still sore but he already went to work after a day of rest because he don't want to miss more days from work :(ReplyDelete
Welcome my fellow bloggers! Thank you for taking time visiting my blogs. Please leave a comment here related to my post only. All other concerns like link exchange etc. please use my message box. Be nice and keep it clean. No spam please. God bless us all! THANK YoU
There's No Place That Far
Snap Shots and Tips


text:
Tom Cruise Jack Reacher Premiere Postponed Due to Connecticut Shooting
Tom Cruise's Jack Reacher premiere in Pittsburgh, originally scheduled for Saturday night, has been postponed.
In a statement, Paramount Pictures cites Friday morning's tragic massacre at the Sandy Hook Elementary School in Newtown, Connecticut as the reason for the delay.
RELATED – "Haven" School Violence Episode Pulled In Wake Of Newtown, CT Shooting Massacre
"Due to the terrible tragedy in Newtown, Connecticut, and out of honor and respect for the families of the victims whose lives were senselessly taken, we are postponing tomorrow's Pittsburgh premiere of Jack Reacher," the film company says, adding, "Our hearts go out to all those who lost loved ones."
The movie, based on the Lee Child novel One Shot, is about a former military police officer who is recruited by an alleged sniper to help prove his innocence.
There is no word yet when the premiere will be rescheduled.
Follow @GossipCop on Twitter.
Like us on Facebook.


text:
60+ Ingenious Examples of Green & Eco Logos
Logo is not a mark. It's an aspect of a company's commercial brand. It helps users to reorganize immediately your website or product. Logo should be unique from others by its typography, design, colors, shapes, images. Here i have a Creative showcase of Environmentally Friendly & Green Logos for your inspiration. I hope it may help you in making green and Eco logos of your own. Take a look at them and be inspired.


text:
This summer we have heard several stories across the country of children being left in cars. Unfortunately most of those stories do not end happily. ... [ Read More ]
Lock It Down!
Did you know that September is National Preparedness Month? If not, don't stress. There is still time to prepare and you will want to. Just today, ... [ Read More ]
Creative Gifting for Mother's Day–1 of 2
Mark your calendars! Mother's Day is May 11th!! Giving mom flowers, chocolates, or jewelry is always appreciated and loved but have you ever wanted ... [ Read More ]
Sleeping Like A French Baby
When it comes to a sleeping child it is important to be play it safe. There are too many stories about something happening to babies in their sleep ... [ Read More ]
Don't Bug Me!
My husband has a really fun job. He produces concerts and plays. In the summer there are all outdoors at a really cool amphitheater. It seats 5,000 ... [ Read More ]
Diono RXT Convertible + Booster Giveaway
When I was introduced to the Diono RadianRXT Convertible + Booster car seat I was immediately impressed by all of the safety features. I couldn't ... [ Read More ]
How a one-minute "change" and a battery can help save lives
Daylight Savings is almost here. That means the days are getting shorter and shorter. Let's take a minute to talk Safety! How a One-Minute "Change" ... [ Read More ]
Our Joovy moonRoom!
I am so fortunate to call myself a Joovy Blogger. Joovy is such a wonderful company and I am very humbled that they have taken me under their wing and ... [ Read More ]
Think Safety. National childhood injury prevention week!
I cannot stress enough the importance of safety around your home. Keeping certain items away from babies and children must be a top priority as ... [ Read More ]
Safety with Style {ila #Review & #Giveaway}
Keeping my children safe is a top priority for me. I know I can't control every aspect of their lives, but I hope that by taking precautions, hazards ... [ Read More ]
Truly Unique! {The Maxi-Cosi Prezi Infant Car Seat #REVIEW}
Safety is always the most important thing when it comes to choosing a car seat for your baby. With all the new technology out there, car seats are no ... [ Read More ]
Keeping Medicine Locked Up & Kids Safe!
Before we had kids...we used to leave our meds in the cupboard or counter, that is not something we can do now. With three little ones I am always ... [ Read More ]
Protect Your Laptop {#Masterlock Review}
I hate to be Negitive Nancy, but we live in a scary world. Maybe it is the fact that I am so aware of all of the scum bags in my little town (that I ... [ Read More ]
Stay Out, Baby {Safety 1st Review}
Now that my son is born I no longer hear tips and tricks about what to expect when baby is a newborn. Now I hear things about "Wait until he starts ... [ Read More ]
Spring Clean Challenge! {SentrySafe Combination FIRE-SAFE Giveaway} #SafeInAFire
We recently had the opportunity to test out a Combination FIRE-SAFE® -SFW123CS first hand. My hubby was very excited, while I on the other hand don't ... [ Read More ]
Practicing Summer Sun Safety! {Coppertone Water MOMS}
Fun in the Sun is here! That means lots of sun in the forecast....but how do you keep your kiddos safe all summer long? Here's my top ... [ Read More ]
Storage and Safety {Butt Bench Review and Giveaway}
Guys don't understand why girls need so many things in the shower, but we do. We need our body wash, our loofahj, shampoo, conditioner, deep ... [ Read More ]
Keepin' your Buggy Safe! {buggyguard Review and Giveaway}
I have heard horror stories of mom's at the amusement park or aquarium. Where they leave there stroller for a little while to go on a ride or see an ... [ Read More ]


text:
Paul Daniel Springer, 67, Lapel, died Thursday, Sept. 4, 2014, at Community Hospital of Anderson following an extended illness. He was born on Oct. 12, 1946, in Millville, N.J. to Daniel and Lillian (Bowen) Springer.
He served in the Navy during the Vietnam War aboard the U. S. Independence.
He is survived by his wife of 47 years, Marsha (Huffman) Springer; two children, Keith Allen (Melissa) Springer and Brian Brinker both of Lapel; five grandchildren; two brothers, Bruce (Tonya) and Mark Springer; his brother-in-law, Kenny (Asenith) Huffman; several nieces and nephews; very close friends.
He was preceded in death by his parents; and three brothers, Rodney, Jerry, and Bill Springer.
Visitation will be from 2 to 6 p.m. Sunday, Sept. 7, 2014, at Scott E. Hersberger Funeral Home, 1010 North Main Street, Lapel. A funeral service will be held at 6 p.m. Sunday, Sept. 7, 2014, at Scott E. Hersberger Funeral Home in Lapel with Pastor Chris Kellermyer officiating.
Memorial contributions may be made to Disabled Veterans.
Online condolences: www.hersbergerfuneralhome.com


text:
McGaha v. CommonwealthAnnotate this Case
Justia Opinion Summary
After a jury trial, Defendant was convicted of murder and sentenced to twenty years in prison. The Supreme Court affirmed, holding (1) the post-trial revelation that the victim's wife and one of the jurors were Facebook friends did not establish grounds for a new trial, as the juror did not manifestly give a false answer regarding her Facebook relationship with the victim's wife, and merely being friends on Facebook does not, per se, establish a close relationship from which partiality on the part of a juror may reasonably be presumed; (2) Appellant's argument that the jury improperly considered penalty phase issues during the guilt phase deliberations was without merit; and (3) the trial court's exclusion of certain evidence did not afford Appellant grounds upon which his conviction should be reversed.
Download PDF
RENDERED: JUNE 20, 2013 TO BE PUBLISHED $ularrtur (Court of 71,Rrnfurliv 2012-SC-000155-MR JEFFREY D. MCGAHA V APPELLANT ON APPEAL FROM ADAIR CIRCUIT COURT HONORABLE JAMES L. BOWLING, JR., JUDGE NO. 11-CR-00079 COMMONWEALTH OF KENTUCKY APPELLEE OPINION OF THE COURT BY JUSTICE VENTERS AFFIRMING Appellant, Jeffrey D. McGaha, appeals from a judgment of the Adair Circuit Court convicting him of murder and sentencing him to twenty years' imprisonment. Appellant makes these arguments in support of reversing his conviction: (1) one of the jurors failed to disclose during veil- dire that she was a Facebook "friend" of the victim's wife; (2) the jury improperly considered penalty issues during the guilt phase deliberations; and (3) that on four separate occasions, the trial court improperly excluded evidence relevant to Appellant's belief that his use of force in self-defense was necessary. For the reasons stated below, we affirm the Judgment of the Adair Circuit Court. I. FACTUAL AND PROCEDURAL BACKGROUND Appellant and the victim, Mike Cowan, were neighbors in a rural part of Adair County. The evidence presented at trial by the Commonwealth indicated that the relationship between Appellant and Cowan was marred by a series of disputes. The most recent difficulty was over a light on Appellant's storage building that shone onto Cowan's property and annoyed him. Cowan retaliated by shining spotlights at Appellant's residence. On the evening before the fatal incident, Appellant complained to the police about the spotlights. When police officers arrived at the scene in response to that complaint, Cowan and his wife became belligerent. They were arrested and taken to jail. The following afternoon, after his release from jail, Cowan visited a neighbor's residence on his ATV. As Cowan returned home, Appellant, driving in his car, saw him and steered directly into his ATV without braking. The impact knocked Cowan off the ATV. As a result of the blow from Appellant's vehicle, Cowan suffered severe blunt force trauma which alone would have been fatal. After the collision, however, while Cowan was lying on the ground, Appellant approached him and delivered a second fatal injury by shooting him in the head with a shotgun. Appellant was indicted for murder. At trial, Appellant admitted that he killed Cowan, but claimed that he was acting in self-defense. In support of that claim, Appellant presented evidence of Cowan's threats, harassment, and intimidation directed toward Appellant and members of his household. Appellant also alleged that shortly before the fatal incident, Cowan had pointed a gun at Appellant and gestured, as if he was pretending to shoot at Appellant. Appellant saw Cowan place the gun on his ATV, and ride it over to the neighbor's residence. Appellant testified that he followed Cowan to speak with 2 him, and that he took his shotgun for protection. Appellant said that when he encountered Cowan on his ATV, Cowan aimed his gun at Appellant. Fearing that he would be shot, Appellant drove his car into Cowan's ATV. After the collision, Appellant claims he got out of his car with his shotgun, and demanded that Cowan show his hands. According to Appellant, Cowan then said, "I'm still going to fucking kill you." Believing that Cowan was reaching for his gun, Appellant shot him in the head. The jury, rejecting Appellant's self-defense claim, convicted him of murder and recommended a sentence of twenty years' imprisonment. The trial court entered final judgment consistent with the jury's verdict and sentencing recommendation. Appellant's post-judgment motions for judgment notwithstanding the verdict and for a new trial were denied. This appeal followed. II. THE FAILURE OF A JUROR TO DISCLOSE SOCIAL MEDIA RELATIONSHIP WITH THE VICTIM'S WIFE Appellant first contends that he is entitled to a new trial because one of the jurors who served on his trial, "Juror 234", failed to disclose during voir dire that she was a Facebook "friend" of the victim's wife, Charlene Cowan. Before the voir dire examination began, the trial court instructed the members of the jury panel who were not among the first panel of thirty-two jurors selected for examination to remain in the courtroom, and listen to the questions being asked of the prospective jurors so that they could later respond to those same questions in the event they were added to the panel. Juror 234 3 was not among the first set of thirty-two potential jurors seated for the voir dire examination at Appellant's trial. About four hours into the jury selection process and after a lunch break, Juror 234 was called to join the panel undergoing the voir dire examination. After being seated among the jury panel, Juror 234 was directly asked by the trial court if she was related to anyone involved in the case. She responded that she was not. The following discussion then occurred: Trial Court: Do you know any of these folks? Juror 234: I know some of the Cowan family, not close but I do know them. Trial Court: How would you describe your relationship to them? Juror 234: Casual. The juror also disclosed that she worked with the victim's nephew, and in response to the trial court's inquiry about whether she had heard about the case, she stated, "just [through] the news." She also said that she had no opinion about the case. During questioning by the prosecutor, Juror 234 disclosed that she had worked with the victim's former wife several years before the trial. The prosecutor asked if this would cause any positive or negative feelings about the victim, and the juror stated that it would not. The following exchange occurred during defense counsel's voir dire examination of Juror 234: Defense Counsel: You've heard all the questions I've asked. Has anything that I've asked, would you have given any different answer than anybody, the other members of the panel? 4 Juror 234: No. Defense Counsel: You have no opinion about this case whatsoever; you've got a clean slate what we're talking about? Juror 234: As clean as it can be, I think. Defense Counsel: Thank you. No one asked Juror 234 about any social media relationship she may have with any of the participants in the case. Juror 234 was not challenged for cause by either side, and she was eventually seated on the jury to try the case. After the trial, Appellant learned that Charlene Cowan was one of Juror 234's 629 Facebook "friends." Appellant, in support of his motion for a new trial, asserted the juror's failure to disclose this social media association. The trial court denied Appellant's motion. On appeal, Appellant argues that having Charlene Cowan, the victim's wife, as a Facebook friend "rendered [Juror 234] an impermissible member of the jury panel." Appellant contends that if Juror 234 had disclosed that association with Mrs. Cowan, he would have moved to strike her for cause, and if she was not stricken for cause, then he would have used a peremptory strike against her. He describes Juror 234's failure to disclose the relationship as a "failure to uphold her duty to be forthcoming and truthful" and as a "clear instance of juror misconduct." "As a general rule, anything which is good cause for challenge for disqualification of a prospective juror is deemed good cause for a new trial if not known or discoverable to the defendant or his counsel before the verdict and they were misled by a false answer on voir dire." Combs v. Commonwealth, 5 356 S.W.2d 761, 764 (Ky. 1962). 1 "Basically, the consideration is whether the rights of the accused have probably been prejudiced by concealed impartiality [sic]." Id. Thus, if Appellant is correct in his argument that Juror 234 improperly failed to disclose a disqualifying relationship, then his motion for a new trial based upon the post-trial discovery of that disqualification would be well-taken. In support of his claim that the trial court erred by failing to grant a new trial, Appellant relies primarily upon the initial voir dire questions directed to the original thirty-two members of the venire concerning whether they knew Appellant, the victim, or their families. None of those questions specifically inquired about social media relationships. However, as shown by the voir dire discussion transcribed above, Juror 234 was specifically asked if she knew "any of these folks." A simple "yes" or "no" would have been a properly responsive answer, but Juror 234 forthrightly disclosed that she knew "some of the Cowan family" and that her association with them was "casual." Although succinct, her answers were responsive to the questions and truthful. We see in the record no indication that Juror 234 was attempting to See Johnson v. 1 This has long been the rule in this jurisdiction. Commonwealth, 223 S.W.2d 741, 743 (Ky. 1949) ("This statute [now-repealed by KRS 29A.280] makes it necessary for a party to inform himself as to the qualifications of jurors before the jury is sworn in order that he may exercise his right of challenge, general or peremptory, but the statute does not apply where he has been misled by a false answer of the juror on the latter's voir dire, and he has thus been deprived of his right of challenge."); Polk v. Commonwealth, 574 S.W.2d 335, 336-37 (Ky. App. 1978) ("When bias is apparent or known before trial, and a juror is permitted to remain, the objection to the juror is waived. When such facts are not known and would not reasonably have been determined prior to the selection of the jury, no waiver is involved, and an objection may be raised upon discovery of the bias."). 6 conceal the social media relationship, or that she was in any way deceptive. Moreover, by her acknowledgment that she casually knew some of the Cowan family, Appellant was given an unfettered invitation to inquire further. He could have asked: "Which members of the Cowan family do you know?" Then, he could have followed up with other questions allowing him to discover the depth and scope of her acquaintances within the Cowan family. But, Appellant declined to do so. While the parties have the right to assume that the answers given by potential jurors are complete, candid and truthful, we cannot expect potential jurors to appreciate the nuances of potentially disqualifying relationships, and volunteer answers to the questions that counsel failed to ask. Juror 234 manifestly did not give a false answer regarding her Facebook relationship with the victim's wife. If her casual relationship with some members of the Cowan family was cause for concern for any party, it was incumbent upon that party, not the juror, to delve more deeply into the matter. We see no misconduct on the part of Juror 234. Moreover, the post-trial revelation that Charlene Cowan and Juror 234 were Facebook friends does not establish grounds for a new trial. It is now common knowledge that merely being friends on Facebook does not, per se, establish a close relationship from which bias or partiality on the part of a juror may reasonably be presumed. See Sluss v. Commonwealth, 381 S.W.3d 215, 222-23 (Ky. 2012). This principle is well illustrated in this case. Here, an attachment to the supplemental motion for a new trial that Appellant filed with 7 the trial court discloses that Juror 234 had, at the time of the trial, 629 "friends" on Facebook. She could not possibly have had a disqualifying relationship with each one of them. As we held in Sluss, "[F]riendships' on Facebook and other similar social networking websites do not necessarily carry the same weight as true friendships or relationships in the community, which are generally the concern during voir dire." Id. at 222. Therefore, no presumption arises about the nature of the relationship between a juror and another person with an interest in the litigation simply from their status as Facebook friends. "As with every other instance where a juror knows or is acquainted with someone closely tied to a case, it is the extent of the Id. at interaction and the scope of the relationship that is the relevant inquiry." 223. We note that in Sluss, where the jurors manifestly failed to give truthful responses regarding their social media connections to the victim's mother, we held the defendant was entitled to a retrospective evidentiary hearing to determine whether he was prejudiced by the jurors' failure to disclose a social media relationship. Id. at 220-21, 228-29. The instant case is easily distinguishable from Sluss because Juror 234's answers were truthful. If Juror 234's acquaintance with the victim's wife, from Facebook or otherwise, was such that it required disqualification of the juror, "[i]t [was] incumbent upon the party claiming bias or partiality to prove the point." Polk v. Commonwealth, 574 S.W.2d 335, 337 (Ky. App. 1978). We will not simply speculate that the juror was biased. It was Appellant's responsibility to present facts, if they exist, casting doubt about the impartiality of the juror "sufficient 8 to undermine the integrity of the verdict." Sluss, 381 S.W.3d at 225 (quoting Gordon v. Commonwealth, 916 S.W.2d 176, 179 (Ky. 1995)). In summary, Appellant has failed to meet his heavy burden for disturbing the jury verdict, and the trial court did not abuse its discretion by denying Appellant's motion for a new trial based upon Juror 234's failure to disclose her social media relationships. Appellant has failed to establish any partiality or bias whatsoever as a result of the social media relationship. III. CONSIDERATION OF PENALTY ISSUES DURING GUILT PHASE Appellant next contends that he is entitled to a reversal because the jury impermissibly considered sentencing phase issues during its guilt phase deliberations. This allegation is based upon a note sent by the jury to the trial court during the middle of its guilt phase deliberations. The note read, "Who decides the length of the sentence - the jury or the judge?" In response, rather than specifically answering the question, the trial court advised the jury that the determination of "guilty" or "not guilty" was the only matter to be concerned with at that point; that the jury should not concern itself with a possible penalty; and that the jury should follow its instructions. To assume from the question alone that the jury was considering the applicable penalties during the guilt phase deliberation is pure speculation. At most we can assume no more than what the question itself revealed: the jury, or some member or members of the jury, wondered who would fix the penalty. Just before the jury retired for its guilt phase deliberations, defense counsel 9 told them: "This is an important case. If you find [Appellant] guilty then we've got to go through the penalty phase. His life is in the balance here. His life is in your hands." Given defense counsel's statements, it is not surprising that the jury would wonder about the process of setting a sentence. There is nothing improper about the jury seeking clarification about what it is required to do. The note was an innocuous question concerning the jury's function in the trial court proceedings and does not compel a presumption that they were factoring in improper penalty phase concerns during their guilt phase deliberations. In any event, the trial court gave a perfectly correct response to the jury's inquiry by making it abundantly clear that the jury should not be concerned with penalty phase issues, but must instead focus on the determination of guilt. We have no reason to doubt the presumption that this jury followed the judge's admonition and that Appellant suffered no prejudice in connection with its note to the trial court. 3 IV. EXCLUDED EVIDENCE Appellant next contends that the trial court erred by excluding evidence which would have supported his self-defense theory. More specifically he argues that the trial court improperly excluded evidence relating to his state of mind by excluding the following evidence: (a) the victim's wife's testimony regarding the victim's history of domestic violence; (b) the victim's racist speech A jury is presumed to follow an admonition given by the trial court. v. Commonwealth, 105 S.W.3d 430, 441 (Ky. 2003). 3 10 Johnson directed towards Appellant and his household; (c) testimony from members of Appellant's household about their fear of the victim; and (d) the testimony of Jimmy Burton concerning the victim's conduct toward him. We begin by noting that evidence of a victim's prior acts of violence, threats, and even hearsay evidence of such acts and threats, may be admissible if offered to prove that the defendant so feared the victim that he believed it was necessary to use physical force (or deadly physical force) in selfprotection "provided that the defendant knew of such acts, threats, or statements at the time of the encounter." Robert G. Lawson, The Kentucky Evidence Law Handbook § 2.15[4][d] (4th ed. 2003); Moorman v. Commonwealth, 325 S.W.3d 325, 332 (Ky. 2010); Murphy v. Commonwealth, 266 S.W. 33, 34 (Ky. 1924) (prior threats, as well as language and conduct of the victim, of which the defendant was aware, were admissible as substantive evidence on the issue of self-defense); Commonwealth v. Girkey, 42 S.W.2d 513, 514 (Ky. 1931) (threats and hostile acts on the part of the deceased against a defendant claiming self-defense are admissible); Campbell v. Commonwealth, 11 S.W. 290, 292 (Ky. 1889) ("The threats of the deceased to take the life of the accused, accompanied by an effort to do so, . . . would, of course, be competent on the issue of the defense of the [accused]." With the above principles in mind, we turn to the four instances of alleged error. A. The Victim's Acts of Domestic Violence Against His Wife Appellant contends that the trial court erred by disallowing testimony from Charlene Cowan concerning two episodes of domestic violence which 11 occurred in 1995 and 1996, some fifteen years prior to the crime being tried. Appellant argues that the evidence was admissible to show Cowan's propensity to violence and because in response to questioning about whether the victim "had a reputation for being a violent man," Charlene Cowan responded "[w]ell, he didn't take anything from people. I don't know that he was violent." During her avowal testimony Charlene indicated that during their relationship they had exchanged threats to kill each other; that they had been "very mad at each other"; and that the domestic violence orders [DVOs] were a result of "one of our many heated arguments years ago." 4 "Because prior acts of violence or threats of violence against persons other than the victim in the case on trial have significantly less probative value than similar prior acts and threats against the same victim, as a general rule `specific threats directed against third parties are inadmissible."' Driver v. Commonwealth, 361 S.W.3d 877, 885-86 (Ky. 2012) (quoting Sherroan v. Commonwealth, 142 S.W.3d 7, 18 (Ky. 2004). "[A] threat to kill or injure someone which is specifically directed at some individual other than the deceased is inadmissible, as it shows only a special malice resulting from a transaction with which the deceased had no connection." Id. at 886 (quoting Jones v. Commonwealth, 560 S.W.2d 810, 812 (Ky. 1977)). "An exception has been recognized when the threat against the third person is so close in time to 4 While reviewing her affidavits from the DVO cases Charlene stated, "You just had to understand our relationship. If he wasn't threatening to kill me, I was going to kill him. We got so mad at each other . . . . You never used a term that you didn't mean?" 12 the charged offense as to be considered a part of the same transaction." Id.; see Chatt v. Commonwealth, 103 S.W.2d 952, 954-55 (Ky. 1937) (threat against third party less than a minute before the killing); see also Smith v. Commonwealth, 92 S.W. 610, 610-11 (Ky. 1906) (threat against third party five minutes before the killing). In Driver v. Commonwealth, 361 S.W.3d at 885-86, we discussed the rule of remoteness and held in that case that evidence of the defendant's violence against his ex-wife, a third party in the trial, twelve years prior to the crimes being tried was inadmissible because it was too remote in time. By that same rationale, we conclude that the trial court in this case properly excluded the remote domestic violence evidence. Furthermore, Appellant offered no evidence that he was aware of the victim's domestic violence toward his wife, and thus her testimony would not have been relevant to establishing Appellant's fear of the victim. Appellant argues, in the alternative, that the evidence was admissible to impeach Mrs. Cowan's testimony disputing the victim's character for violence. Generally, a homicide defendant may introduce evidence of the victim's character for violence in support of a claim that he acted in self-defense or that the victim was the initial aggressor. KRE 404(a)(2); Johnson v. Commonwealth, 477 S.W.2d 159, 161 (Ky. 1972); Robert G. Lawson, The Kentucky Evidence Law Handbook § 2.15[4][b], at 104. However, such evidence may only be in the 13 form of reputation or opinion, not specific acts of misconduct. KRE 405(a); 5 The Kentucky Evidence Law Handbook § 2.20 [4], at 116 ("By Lawson, providing only for the use of reputation or opinion evidence in this situation, the rule plainly implies a prohibition on evidence of particular acts of conduct."). In Johnson, our predecessor court held that a homicide defendant could not introduce the victim's police record for the purpose of showing his propensity for violence. 477 S.W.2d at 161. Similarly, the trial court in this case properly excluded the particular acts of conduct regarding the events surrounding the 1995 and 1996 DVOs. Moreover, Appellant may not avoid the foregoing rule by characterizing his effort to elicit the same evidence as "impeachment." Slaven v. Commonwealth, 962 S.W.2d 845, 858 (Ky. 1997) (A party cannot knowingly elicit testimony as a guise or subterfuge to impeach a witness with otherwise inadmissible evidence.). 5 KRE 405 provides that "(a) Reputation or opinion. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to general reputation in the community or by testimony in the form of opinion. (b) Inquiry on cross-examination. On cross-examination of a character witness, it is proper to inquire if the witness has heard of or knows about relevant specific instances of conduct. However, no specific instance of conduct may be the subject of inquiry under this provision unless the cross-examiner has a factual basis for the subject matter of the inquiry. (c) Specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim, or defense, proof may also be made of specific instances of that person's conduct." The evidence was not admissible under KRE 405(b) because the Commonwealth had not called Charlene in support of the victim's good character so as to open the door to specific instances of prior conduct, and it was not admissible under KRS 405(c) because no character trait of the victim was an essential element of any charge, claim, or defense in this case. , 14 B. The Victim's Racist Speech Cowan was, and Appellant is, Caucasian; Appellant's fiancé and her daughter, who lived with Appellant, are African-American. As previously noted, the evening before Cowan's death, Trooper Wolking responded to Appellant's 911 complaints about harassment by Cowan, involving the spotlights focused upon Appellant's property. Appellant proffered Wolking's testimony, as avowal evidence, that Cowan referred to Appellant's fiancé and her child as the "nigger baby and its nigger mother." Wolking also said in his avowal testimony that Cowan had stated repeatedly that the "nigger baby and nigger mother needed to live down the road with the other niggers and Mexicans." Appellant contends that this evidence was relevant to show Cowan's propensity for violence. While the statements made by Cowan were outrageously racist, it does not follow that this character flaw translates into a propensity for violent conduct. Thus, this particular evidence was of little probative value. On the other hand, its admission into evidence at trial would have substantially diminished the character of the victim in a way that would have been highly prejudicial to the Commonwealth's case. Cowan's racist comments to the police officer would unduly influence the jury simply because of the victim's verbal expressions of a racist attitude. It follows that the trial court did not abuse its discretion by excluding the evidence. C. Appellant's Family's Fear of Victim Appellant contends that the trial court improperly excluded the testimony of his fiancé and her child regarding their personal fear of Cowan 15 because he had harassed and terrorized them. However, both witnesses testified, to a degree, regarding their fear of Cowan, and Appellant fails to cite us to any avowal testimony, or other means of making known the substance of the, testimony6 that was excluded by the trial court. Thus, because of Appellant's failure to develop this argument sufficiently for us to undertake a meaningful review of the issue, he is not entitled to relief upon the grounds that the trial court excluded testimony of his household regarding their fear of Cowan. Bayless v. Boyer, 180 S.W.3d 439, 447 (Ky. 2005) ("[W]ithout an avowal to show what a witness would have said an appellate court has no basis for determining whether an error in excluding his proffered testimony was prejudicial"). See also CR 76.12(4)(c)(v); Harris v. Commonwealth, 384 S.W.3d 117, 130-31 (Ky. 2012) (defendant did not comply with the civil rule requirements relating to the "arguments" section in his appellant's brief, and thus those claims would not be addressed). D. The Victim's Threatening Gesture to Jimmy Burton Finally, Appellant contends that the trial court erred by excluding Jimmy Burton's testimony that twenty-five years before he was killed, Cowan had pointed a gun at Burton. Exclusion of this evidence was proper for two reasons. First, there is no indication that Appellant was aware of this event in the moments leading up to Cowan's death. Second, Cowan's implied threat 6 KRE 103(a) provides, "Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected; and .. . (2) . . . If the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked." 16 against Burton, as manifested by the act of pointing the gun at him, was far too remote in time to have any relevance in this action. See Driver, 361 S.W.3d at 885-86. In summary, we conclude that the trial court's exclusion of the evidence described above affords Appellant no grounds upon which his conviction should be reversed. V. CONCLUSION For the foregoing reasons, the Judgment of the Adair Circuit Court is affirmed. All sitting. All concur. COUNSEL FOR APPELLANT: W. Currie Milliken Wesley Vernon Milliken COUNSEL FOR APPELLEE: Jack Conway Attorney General Jeffrey Allan Cross Assistant Attorney General 17


text:
Friday 01 July 2016
The IASB is required to conduct a Post-implementation Review (PIR) of each new Standard or major amendment. A PiR normally begins after the new requirements have been applied internationally for two years, which is generally about 30-36 months after the effective date.
In June 2015 the IASB completed the PIR of IFRS 3. The scope of the review covered the whole Business Combinations project, including resulting consequential amendments to other Standards, such as IAS 36 Impairment of Assets.
Taking into account all of the evidence collected through this Post-implementation Review, the IASB added two projects to its research agenda to explore further the key findings. These projects will focus on the following issues:
IASB completes Post-implementation Review of Business Combinations Standard
IASB discusses PIR research agenda
IASB discusses feedback received in the post-implementation review
© IFRS Foundation.


text:
SommarioVisualizza tutti i dettagli
yeah: yea
Traduzione inglese-italiano per "yeah"
"yeah" traduzione italiano
yeah {interiezione}
WK: Yeah, I want to build another one -- to pump water and irrigation for crops.
You see how she has a little number on her? Yeah there is another one coming out.
And I said, "Yeah. But tell me where they are and the country that owns them."
Yeah, that was very short, but you could see it's a completely different figure. Right?
They called me two weeks later, they're like, oh, yeah, you can come now.
Sinonimi (inglese) per "yeah":
Esempi di utilizzo
Esempi di utilizzo "yeah" in Italiano
And I'm thinking, "Oh yeah, the square root of the length is proportional to its period."
♫ Yeah, it's just me and my dog, catching some sun. We can't go wrong.
♫ ♫ Yeah, it's just me and my dog, singing our song, strolling along.
(Applause) Yeah, but there were hundreds of individuals, obviously, who made that a reality.
Yeah, no, really, this was like aah -- why didn't I remember this?
Running -- it's basically just right, left, right, left -- yeah?
Yeah. You have the stories of the individuals in the orchestra and in the audience.
Then you have the clapping audience, yeah, actually taking part in doing the music.
This is the true experience of a live concert. That's a reason to go out of home. Yeah?
(Laughter) (Applause) Joshua Klein: Yeah, yeah. Pretty interesting.
So I'm like, "Yeah, I'm just applying to Pitt for law school."
It's when your welfare conduces to mine, that I decide, oh yeah, I'm all in favor of your welfare.
Yeah, stuff like that was in the movie and she's promoting it.
And you become a partner building the rollercoaster, yeah, with sound, as you actually take the ride.
They do need to go to a sanatorium for two weeks, later. (Laughter) It is very tiring. Yeah?
(Laughter) BR: Yeah, that's our chef de cuisine, Chris Jones.
Yeah, that's particularly gorgeous -- it's the TV dinner of 2001.
Yeah. ~~~ And then come the news crews, and the man-in-the-street interviews, and the letters to the editor.
Yeah, yeah, back to the corner, back to the corner.
Yeah, you'll definitely want to take some time off.
Suggerisci una nuova traduzione dall'inglese all'italiano
Ci sono dei termini che mancano al nostro dizionario inglese-italiano? Sei un esperto conoscitore di particolari espressioni regionali, dialettali o dello slang in italiano o in inglese? Condividi con noi le tue conoscenze suggerendo nuove parole, traduzioni o esempi in inglese al nostro dizionario inglese-italiano, diventa tu stesso un traduttore.
Le ultime parole suggerite dagli utenti: retwittare, dormire come un sasso, dormire come un ghiro, sotto, sotto
Parole simili
yarn · yarrow · yaw · yawl · yawn · yawning · yawp · Yb · ye · yea · yeah · yeanling · year · yearbook · yearlong · yearly · yearning · yearningly · years · yeast · yeasty
Puoi trovare più traduzioni nel dizionario Italiano-Francese di bab.la.


text:
NEW YORK -- The National Hockey League announced today the composite schedule for the 2015 preseason, which opens on Sunday, Sept. 20.
Among the highlights of the 15-day, 104-game slate is the New York Islanders launching the first season in their new home, Barclays Center, in Brooklyn. The Islanders will play host to three Metropolitan Division rivals: the Philadelphia Flyers Sept. 21, New Jersey Devils Sept. 23 and Washington Capitals Sept. 28.
The people of North Saanich, B.C., winners of the Canada-wide Kraft HockeyvilleTM competition, will celebrate the grand prize when the San Jose Sharks and Vancouver Canucks visit their community on Sept. 21. The Sharks and Canucks will face off that night at the nearby Q Centre. The game will be broadcast in Canada on Sportsnet at 7:30 p.m., PT/10:30 p.m., ET.
The Pittsburgh Penguins and Tampa Bay Lightning will square off in the inaugural Kraft Hockeyville USA matchup in Johnstown, Pa., on Sept. 29. The game will be broadcast in the United States by NBCSN at 7 p.m., ET.


text:
Wilson's thrilling novel is a Hitchcockian page-turner, detailing affairs both romantic and political in the exotic atmosphere of British-ruled Palestine in the 1920s. At the close of World War I, Mark Bloomberg and his feisty American wife, Joyce, leave London for an art commission in Palestine, hoping the new surroundings will revive their ailing marriage. A Cubist landscape painter, Mark is surprisingly well paid for his images of Jerusalem. Joyce, still struggling to find her own vocation, becomes enthralled with the tenets of Zionism.
Soon after they arrive, the Bloombergs witness the murder of a prominent political figure; the prime suspect is Saud, an Arab teenager believed to have been the victim's lover. Meanwhile, Joyce falls under the spell of the investigating officer, Robert Kirsch, and Mark relinquishes his hold on their marriage, accepting a commission in Petra. But Joyce begins socializing with ardent Zionists, and in her insatiable quest for adventure, she agrees to deliver munitions to those running the movement -- a choice that will seal not only her own fate but that of her estranged husband and of Kirsch.
A dramatic, tension-filled novel about the ripple effect of the choices we make, A Palestine Affair is a tale both universal and specific, from a perceptive writer who deserves a larger audience. (Summer 2003 Selection)


text:
With the Americana Music Association's annual conference just three weeks away, the Alternate Root is setting up a concert known as the East Nashville Detour. The revue will be held Thursday, September 19th from 5:00 p.m. until 9:00 p.m. at the 5 Spot, 1006 Forrest Avenue in East Nashville. Cover charge is only $5, but those with an AMA wristband attend for free.
In an email I received from Danny McCloskey, of the Alternate Root, Danny says:
The concert truly will provide a detour on the AMA roadmap of events. While official showcases are concentrated near Music City's downtown, The Alternate Root's "East Nashville Detour" will give conference-goers and live music fans a great excuse to escape the central city and take an $8 cab ride to hear great Americana, roots, rock, and blues--and visit one of the coolest neighborhoods in the country!
A great selection of artists is scheduled. Danny further promises:
The line-up features blue-chip American roots artists, all East Nashville denizens, all making a mark with their music nationally and internationally, and all of them former featured acts in The Alternate Root magazine and television show.
There is still time to mark your calendar for this event. In times past, I always found it easy to party on Thursday night, and still struggle through the Friday workday; I'll bet you can too.
--Ken Utterback is a long-time musician who writes a blog about his days on the road as well as the occasional essay for other publications. You can email Ken at: firstname.lastname@example.com--
Note from Ken: Do you have a passion for writing? If the idea of writing for the Examiner appeals to you, please click here for more information.
Mark Robinson
I've written about this acclaimed local Blues artist before, and his name keeps popping up more and more in Music City. Mark is one of the featured artists appearing at the East Nashville Detour.
John Byrd
Critically acclaimed for his Americana expertise, John Byrd will be one of the great artists appearing on September 19th at the East Nashville Detour. See what the critics have to say, at his website.
Tim Carroll (right) and friends
Pictured here, at last year's Stagecoach Country Music Festival--in Indio, California--with Bones Hillman and Elizabeth Cook, Tim Carroll plays a unique style that takes him all over the country.
Eric Brace & Peter Cooper
Since they hail from East Nashville, Red Beet Records artists Eric Brace and Peter Cooper won't have far to travel to get to the East Nashville Detour. These two artists are more of the great talent scheduled to appear at the event.
The Cole Men
Pictured are Dave Coleman and drummer Dave Ray of The Cole Men. With four albums under their belt, The Cole Men have made an indelible mark in the Americana music scene. This seasoned group is also gracing the stage at the East Nashville Detour. You can learn more about them at their website.
Nashville's Kevin Gordon
Smack in the middle of a touring schedule that will take Kevin to Chicago, Iowa, New Orleans and then back home to Nashville, Kevin is scheduled to appear at the East Nashville Detour on September 19th. Visit him at his website for tour dates, music, movies and photos.
Amelia White - Beautiful & Wild
After appearing tomorrow, at the East Centric Pavilion in Nashville, Amelia's touring schedule will take her to California for a number of appearances. Then, after a couple return dates--and one in Birmingham-- she'll be back in time to appear at the East Nashville Detour, along with all the other great artists listed. Amelia has a great website, that's loaded with info, music and video.


text:
Mortgage Loan Rates Delaware
Delaware mortgage rates and mortgage
Looking to get the best mortgage rate Delaware? If you want to call a mini-city of Wilmington, or may be the serenity of the Bethany Beach, we recommend that you get the best mortgage available. This allows you to do:
- Educated you.
- Know the options.
- Determine what your goal is.
- Crunch all the numbers.
Mortgage Compliance in Delaware
Know the difference between any conforming and nonconforming mortgages that may save you money. To begin at the first priority, there are two mainly chartered agencies which can provide liquidity to that of the U.S. mortgage industry. This liquidity is intended primarily for supporting the objectives of ownership low to moderate income. Consistency mortgages criteria ensure that target families have benefited from great business. It meets the criteria including the maximum loan amount, the minimum requirements for documentation, with the maximum debt to income of the borrower. The maximum loan amount will be reviewed and adjusted. All loans in excess of this maximum are considered to be in the jumbo mortgage.
Compare mortgages in Delaware
Before starting to request quotes from mortgage lenders in Delaware, make some primary comparisons. You might have many options for housing finance, from credit lines for 40-year mortgages to fixed rate. It may take a little research is need to determine what type of mortgage will be best for you. Articles Seckelcapital.com's, mortgage calculators, tables and interest rates will give you the information you want. Then you can easily be requested for a personalized quote or answer your questions directly to that of the qualified lenders in your area. View Delaware directory agent contacting information.
Once you have received any written mortgages offers, mortgage calculators analyze Seckelcapital.com. There is no reason, because the counters are free of charge and requires no specialized knowledge is required to use. They can then run the numbers in almost every aspect of the mortgage, compared to fixed rate mortgages adjustable, as well as assessment of the mortgage tax savings. Go with this process and you can quickly & easily see which offer is most advantageous mortgage.


text:
Author, Market Thyself
John Barnes, Author
10/19/2011 (9) comments
I recently combined my careers in marketing intelligence analysis and commercial fiction writing. Through more than 25 books, I left marketing to the publishers, whose marketing has never been research-driven. Market research is expensive compared to flinging spaghetti at the wall and hoping some sticks -- putting out many titles with minimal support to see which ones sell.
Publishers don't fund research into stickier spaghetti because of the cost. Adequate studies for a large publisher would cost $50K to $250K annually; a new novel by an unknown writer costs $3K to $10K, a nonfiction book about $15K. They just throw more spaghetti, figuring that whatever $100,000 of research might reveal, 10 to 25 additional titles would reveal more, and if even one of them "sticks," costs are covered.
With no tradition of research, publisher marketing departments often have a "prom committee" culture -- they're highly proficient at doing the same, repetitive tasks for every event. Mentioning genuine marketing to publishing people only got me an impatient explanation of spaghetti-flinging and the size of their marketers' Rolodexes.
Then Sharyn November, at Penguin/Viking, became editor of my YA ("Young Adult," publisher-ese for "high school/college") novel, Tales of the Madman Underground.
Her natural marketing talent plus deep experience gave her a clear mental picture of who would like Madman, how they would find it, and how they would talk about it to other people.
Madman is a somewhat difficult novel to market to a YA audience. Librarians and teachers, the gatekeeper readers for YA, would resist its adult situations and language and might be offended by the narrator's contempt toward counselors and mental health professionals. Teen readers might be challenged by Madman's complex literary technique and length -- roughly double the typical length for YA novels (and twice the effort per book report!).
Sharyn forged those potential weaknesses into a Unique Selling Proposition (USP) for literary-minded YA-specialist librarians who need more male-friendly books. Her USP controlled the cover copy and art, oversaw distribution of advanced reading copies, and hand-sells to influential bloggers and reviewers. Madman's cover signaled the book is "Serious Literature that is quirky, masculine, daring, bawdy and funny."
Madman is a good book, but I've written good books before, and none ever had such sustained sales before.
My next novel, Directive 51, received unusually good support for a science fiction title -- wide distribution of review copies, some arranged signings, and a fully custom cover. But now I looked at the cover image and other collateral through a marketer's, not a writer's, eyes.
Directive 51 is a fusion of techno-thriller, political crisis thriller, and disaster novel with a "team protagonist" -- i.e., a group of more-or-less-equal heroes. The cover image strongly suggested post-apocalyptic (not the same thing as disaster) themes tightly focused on a solo heroine; cover and catalogue copy combined anti-terrorist and post-apocalyptic sell words.
Reviews and blogs sounded confused; maybe it was a confusing book, but there was definitely some confusing positioning. If you sell chili as gazpacho, chili lovers won't order it, and gazpacho fans will spit it out. (This doesn't happen only to me; just recently, a highly acclaimed and successful writer dumped a very favorable contract because she was tired of having her serious contemporary novels sold with covers that seemed to say the book should be read as "chick lit.")
For the sequel, Daybreak Zero, the cover was already set, so I concentrated on catalogue copy, with the enthusiastic help of Ace/Penguin's marketing department.
From online reviews by ordinary readers who were enthusiastically positive about top-selling books similar to Daybreak Zero, I abstracted favorable descriptions to create a frequency table of words and phrases, and used that vocabulary in those frequencies to send just two instructions for reading the book:
So far, Daybreak Zero is selling better than Directive 51 at the same point in the sales cycle, and it's receiving enthusiastic reviews. Reader reviews of Daybreak Zero match the vocabulary/frequency tables, with many mentions of middle books and origin story. A few reader reviewers have begun attacking earlier reviewers' evaluations of Directive 51, using that same vocabulary.
Based on results so far, I don't know if I actually have to do research-based marketing for my books from now on, but I do know I'm now unwilling not to do it.
— John Barnes is a marketing intelligence analyst pioneering the commercial application of statistical semiotics. He is also the freelance author of 29 published novels and hundreds of articles and short stories.
The CMO Site is an executive social network that provides CMOs and other marketing executives from the world's leading organizations with a real-time, online venue where they can convene to discuss how they're delivering on the most critical marketing priorities. Join us!
More Blogs from John Barnes
A careful analysis of words' meanings, as explained here, can give marketing messages pin-point accuracy.
With new analytic tools at hand, marketers can more precisely tune newly launched campaigns from day one.
Big-data is more than just collecting data and analyzing it. Analysts need to work closely with management to figure out what to measure and why.
Fuzzy set theory can help marketers do a better job in the crucial task of segmentation.
Statistical analysis of signs -- words, images, patterns, and so forth -- can help make marketing more effective.
leadership reports
Getting the Most from Mobile Marketing
The CMO Site, The CMO Site
The proliferation of smartphones and tablet devices presents new opportunities and challenges for marketers to reach customers where they are and when theyre ready to buy. Apps, the mobile Web, social check-ins, geofencing, and mobile ad standards are among the tools marketers need to master in this new world. Learn how to use new mobile technology effectively and avoid its hazards. LEARN MORE
seven days of education
The CMO University offers executive marketers an entirely new way to get the education they need to forumlate next-generation marketing strategies. Join interactive classes | Earn credits | Chat with peers View archived courses on these hot topics:
CMO videos
quick poll
like us on facebook


text:
May issue of the Enterprise Manager Indepth Newsletter
By Javier Puerta-Oracle on May 07, 2012
The May issue of the Enterprise Manager Indepth Newsletter is now available here.
Some features articles include:
Oracle Launches Oracle Enterprise Manager Ops Center 12c
To help organizations adopt cloud computing faster and with less effort and risk, Oracle has launched Oracle Enterprise Manager Ops Center 12c.
Read More
| Independent Analyst Finds Companies Can Expect 224 Percent ROI for Oracle Real Application Testing
In a newly released study, leading independent analyst firm Forrester found that Oracle Real Application Testing customers can expect significant ROI. According to Forrester, a typical organization can expect a 224 percent risk-adjusted ROI over a three-year timeframe, with a payback period of 5.9 months.
Read More
Q&A: Sushil Kumar on Highlights of Latest Oracle Enterprise Manager 12c Update
Oracle recently released Oracle Enterprise Manager 12c bundle patch 1 and Oracle Enterprise Manager 12c release 18.104.22.168 plug-in updates. To find out more about these latest developments, we spoke with Sushil Kumar, vice president of product strategy and business development for Oracle Enterprise Manager.
Read More
Oracle Application Testing Suite 12.1 Debuts at StarEast 2012
Designed to simplify testing, Oracle Application Testing Suite 12.1 debuted in April at StarEast 2012, the premier software testing conference. General availability is expected in May 2012.
Read More


text:
(0) items
Author(s): Rousseau, Jean-Jacques
ISBN: 9780872200470 / Paperback / 11/1/1987
Marketplace Disclaimer:
Edition, Cover Design, etc may vary from the eCampus.com description. Please refer to the seller's comments before ordering. Marketplace sellers are required to ship by the end of the 5th business day. Items are not returnable to eCampus.com. Orders cannot be cancelled by eCampus.com.


text: Guests of the Hotel may now enjoy complimentary electronic access to The New York Times throughout their stay. All one needs is a device with a browser and the simple instruction card that is given to all guests upon check-in with their key card. As long as one is within the Hotel's WiFi IP range they will be able to enjoy the new complimentary service. Currently the Inn at Great Neck and their sister property the Viana Hotel and Spa are the only two hotels on Long Island offering this service.


text:
Join or Sign In
Learned from my grandmother who could make magic happen from a Pringle can and cards. She always amazed me with her creativity. My sewing skills are from my father's mother, Nana who taught me how to properly sew and make everything look perfect inside and out. Skills I use daily from both my grandmother's!
Take Craftsy with you!
Craftsy Apps for iOS and Android. Read more »


text:
Selected photos from my 365 days project. This is a story about gas masks, wilderness, vanity and various monsters.
My books are about puppies, loneliness, gas mask, and all those uncomfortable things in between.
Comentario publicado.
TheGiantVerm dice
I really hesitated to offer the hardcover version because I thought it was kinda pricey. I feel kinda silly asking people to pay a lot for my stuff. Oh well ... if someone really wants to. Heh.
Thanks for your suggestion. I really look forward to ordering the Steve book as soon as I finish mine up :)
publicado a las 04 de ago. a las 21:21 PST
wakethesun dice Tudor dear - you should consider offering this in hardcover. I've seen both versions of mine and hc is much prettier and better quality. Really worth the difference, I think.
publicado a las 03 de ago. a las 21:45 PST
Inicia sesión o crea una cuenta para publicar un comentario.
Easy Ryder Publicado 25 de diciembre de 2011


text:
I'm trying to solve a nonlinear system of algebraic (not differential) equations which involves double integrals. I want to use Matlab. There seems to be two functions that can do double integration: dblquad and quad2d.
I noticed that the latter is much faster than the former (100+ times). But I don't know the accuracy. I used both functions to evaluate my integrals (which involves bivariate normal density) and got different answers. I chose a rectangular region around the mean in both cases, since Matlab (I think most numerical algorithms) seems to have difficulty finding the substantial values of the integrand if the region is too big and gives me 0.
My question is: does anyone know the difference of these two functions (in terms of integrating mechanism) as well as accuracy?


text:
>Brookings Oregon News, Sports, & Weather | The Curry Coastal Pilot
Marlyn Schafer — former Gold Beach city councilor and mayor, former Curry County commissioner, longtime treasurer of the Gold Beach Senior Center and secretary/treasurer of the Curry Health District — turned herself in to the Curry County Sheriff's Office Friday to be booked on allegations of embezzling funds from the senior center.
A warrant was issued for her arrest after a grand jury indicted her Thursday on charges of aggravated theft, or theft over $10,000, from the senior center in Gold Beach. She was booked and, based on her medical condition and age, released, Friday afternoon.
According to senior center records distributed Friday morning, a total of $25,000 is allegedly missing, including $13,340 in cash from July 2013 to June 2014 and reports of Saturday breakfasts totalling $1,500. The report also shows unauthorized debit card expenditures totalling $10,262.
Schafer, 70, of Wedderburn, has served as treasurer of the organization since her appointment to the board six years ago. She could not be reached for comment Friday.
"My phone has been ringing off the hook," said Gold Beach Police Chief Dixon Andrews, who was out of town during the grand jury meeting. "This thing's taken on a life of its own."
He explained to senior center members Friday that the investigation was not a personal vendetta, although he acknowledged there are two groups — one supporting Schafer and the other angry — surrounding the incident.
"Something like this in a small group is very polarizing," he told about 20 members. "It's not about personalities. We followed a paper trail and it led us down the path that found compelling evidence that there has been a misappropriation of funds."
The investigation will likely involve witness testimony, computer zip drives, ledgers, checks, bank documents, lunch receipts, bingo game proceeds and debit card records. Schafer is being represented by former deputy district attorney Carly Kruse, now with Olin & Associates of Brookings. She was unavailable for comment Friday afternoon.
June 6, 2014
According to Gold Beach Senior Center member Margie Roberts, the unraveling of the alleged embezzlement started in early summer with a gust of wind.
Schafer was getting out of her car at the senior center on Airport Way on June 6 when the wind blew her vehicle door shut on her leg; the ensuing injury required surgery. And while she was incapacitated, others took over the senior center's finances.
Five days after Schafer was hospitalized in Coos Bay, Roberts was asked by the board to take over the senior center's books.
"I know QuickBooks. It was coming to the end of the fiscal year; things have to be filed," she said. "No one was thinking there was any misappropriation."
In retrospect, however, she thinks there were warning signs.
"I did have concerns," Roberts admitted. "She was secretive and controlling of the reports, QuickBooks and the checkbook. She didn't want anybody else doing it, even when she wasn't feeling well. It was, 'I'll do it. No, no; I'll take care of it.' That, to me, is secretive and controlling.
"The (members) really trusted her — she was a former city councilor, a county commissioner, the mayor, on the hospital board. What's not to trust? They were thrilled someone was willing to do it. They were blindsided and devastated by it."
So far, most of the discrepancy has been found in cash receipts involving senior lunches and bank deposits.
Roberts said she has since found other expenditures that have yet to be given to the district attorney for possible prosecution, including $10,000 in purchases with a debit card about which the senior center board had no knowledge.
Bank documents, Roberts said, indicate the card was even used to purchase $925.60 worth of signs — for Curry Health Network's "Save the General" campaign.
"We saw that invoice and thought, 'OK, this is a little more involved than I thought,'" Roberts said. "And then we started digging. And we have spent hours.
"That could be two extra charges," said Roberts. "Because she used the funds of a nonprofit and ... it's illegal to donate to a campaign. There's campaign fraud — you're talking jail time. That's huge."
Cash trails are difficult to follow, and that's where most of the discrepancies are showing up, she said.
"Two deposit slips are missing — they're ripped out and gone," Roberts said. "We had to get them from the bank. Both should've included lucrative Saturday breakfast money and they were … pretty lean."
The breakfasts usually garner $700 to $900, and those amounts aren't reflected in the deposits, she said.
"Then I was curious," Roberts added. "There was no information on vendors, like Food Service of America. There was nothing in those vendor files. I thought, 'How is she doing this, because she's giving us a report. How did she hide the $900.' It was found on the reconciliation.
"That's where she hid the checks she made out for herself," Roberts added. "She put them on reconciliations as Amerigas or King Soopers. It was very quickly established that she's been taking money."
Police involvement
Typically in Oregon, the statute of limitations on aggravated theft charges is three years, said Deputy District Attorney Jake Conde, who is working on the case. District Attorney Everett Dial has a conflict of interest, as he was the DA when Schafer was county commissioner.
Conde said that in some instances, prosecutors are permitted to go back further in the ledgers — up to six years — when alleged theft isn't discovered for some time.
"In some financial crimes, especially those that are discovered late, it might be six years," Conde said. "But for right now, the indictment only covers a period of three years."
Deposit slips are missing, Roberts said. Receipts for funds received for breakfasts are altered.
"Now we have to see if we can distinguish from the forms who was in charge of bingo, if those receipts match the deposits," she said.
The senior center's bingo license is already "conditional," as four revenue reports were submitted late to the state. Roberts fears what might happen to that license — and the enjoyment seniors get from going to the center to play.
"If she took money from bingo, that's gaming fraud, and the (state) Department of Justice would be more than interested in prosecuting her," Roberts said. "Then there's the IRS. This is huge, and this isn't someone who wouldn't know better. These are big things she needs to be nailed for."
The seniors
The Gold Beach Senior Center has 209 members, some of whom have second homes here.
"She stole money from the elderly," Roberts said. "There are a lot of elderly people who depend on lunches; for some it's the only source of food they get. They can't afford any other way, and she stole from them."
"I was incredulous," said Mary Ann Bartholomew, vice-president of the center. "I couldn't believe it. She was a trusted figure at the center; I think everyone was in disbelief — and some still are. Marlyn was a respected member of the community."
"How dare she do that — to take advantage and steal?" Roberts said. "It's egregious, despicable. I want her to make restitution for every single nickel."
The grand jury has been meeting for several weeks with representatives of the district attorney's office.
"They didn't deliberate more than six minutes and they came back to indict her," said Roberts, who served as a witness. "They were totally disgusted with what they were hearing. I could tell by the look on their faces."
She worries, too about the seniors involved at the center.
"A lot of people have a lot of respect for Marlyn," she said. "A lot of people might not want to believe it. The board couldn't believe this could actually happen on their watch. She really is gutsy."
Going forward
Schafer has a long history of service to her community, including a stint as a Gold Beach city councilor and mayor, two terms as county commissioner, from 2001 to 2008, and as the treasurer of the senior center and the secretary/treasurer of the Curry Health District board.
Gary Anderson, chairman of Curry Health District board, declined comment except to say there are no plans to remove her.
"She's innocent until she's proven guilty," Anderson said. "I'm hoping there's something wrong. I just don't like to believe certain things about people, and I've known Marlyn a long time. I don't believe there's anything."
He added that he is confident of the hospital board's policies and procedures to ensure theft cannot occur.
Schafer, who spent time in a hospital for an undisclosed medical condition, has a criminal history record showing a DUII conviction from 2010, which she addressed properly and promptly. And many in the community have said she suffers from a drinking problem, at one point driving a county vehicle after drinking and passing out in the courthouse annex hallway.
Police and the district attorney's office continue their investigation, and the senior center has already "changed the way it does business," Roberts said. "We're squeaky clean. Even the treasurer cannot sign a check."
"This will be a difficult time for the senior center," Bartholomew said. "I hope people will stand by us and support us. We need their help."
"There are no winners or losers here," Andrews said. "Something like this can cripple an organization — not just financially, but eroding friendships. I hope we give everyone time to heal."


text:
How to Calculate a GAAP Margin
Original post by Matt McGew of Demand Media
Generally accepted accounting principles calculate a company's margin as revenue minus the cost of goods sold divided by revenue. This margin demonstrates the percentage of the company's revenues retained after deducting the costs directly associated with the revenue. You can manually calculate this GAAP margin using information from the company's financial statements.
Step 1
Determine the company's total sales revenues. For example, assume a company's revenues for the accounting period are $200,000.
Step 2
Determine the company's cost of goods sold. These represent the direct costs associated with the revenues. For example, assume the cost of goods sold is $100,000.
Step 3
Subtract the cost of goods sold from the sales revenue. Continuing the same example, it would be $200,000 minus $100,000 equals $100,000.
Step 4
Divide the figure from Step 3 by the sales revenue. Continuing the same example, $100,000 divided by $200,000 equals 0.50, or 50 percent. This figure represents the GAAP margin for the company.
- "Principles of Accounting"; Belverd Needles et al; 2010
About the Author
Since 1992 Matt McGew has provided content for on and offline businesses and publications. Previous work has appeared in the "Los Angeles Times," Travelocity and "GQ Magazine." McGew specializes in search engine optimization and has a Master of Arts in journalism from New York University.