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February 1, 2010
UNITED STATES OF AMERICAv.RICHARD HEITZENRATER AND ROBERT KUZMA
Presently before the Court for disposition is the OMNIBUS PRETRIAL MOTIONS, in which Defendant Richard Heitzenrater seeks production of a wide array of information (Document No. 28). Co-Defendant Robert Kuzma has joined in the motions (Document No. 38). The government has timely responded to each motion and, thus, same are ripe for disposition.
MOTION FOR DISCOVERY (Document 28-1)
At the outset, the Court notes that the government has acknowledged its obligations under Brady and its progeny, Federal Rules of Criminal Procedure 12 and 16, and the Jencks Act.
The government also asserts that it "will voluntarily turn over Jencks Act material at least three business days prior to trial to ensure that unnecessary interruptions or delays are avoided." Resp. at 6. The Court is cognizant of the fact that such information, to the extent it exists, is clearly discoverable and should be voluntarily disclosed to the defendant "in sufficient time for its effective use at trial." United States v. Higgs, 713 F.2d 39, 44 (3d Cir.), cert. denied, 464 U.S. 1048 (1984) (holding that with respect to impeachment-type Brady material the defendant's "right to a fair trial will be fully protected if disclosure is made the day that the witness testifies"). A district court cannot compel early disclosure of Jencks material. See United States v. Murphy, 569 F.2d 771, 773 (3d Cir.), cert. denied, 435 U.S. 955 (1978). However, the Court strongly encourages the government to produce all Jencks Act material in sufficient time to avoid delays at trial. The government has agreed to provide notice of any Rule 404(b) evidence at least ten (10) days before trial and has agreed to provide Defendants with a written summary of any expert testimony that may be introduced in the government's case at least two weeks prior to trial. A similar time frame for the production of all Jencks Act material is highly encouraged.
The government's obligation to make available pretrial discovery materials is governed primarily by Rule 16 of the Federal Rules of Criminal Procedure. Outside of Rule 16, the Jencks Act, and Brady, and its progeny, however, a defendant has no general constitutional right to pretrial discovery. Weatherford v. Bursey, 429 U.S. 545, 559 (1977). Those rights conferred by rule, statute, and case law cannot be used to compel the United States to disclose the minutia of its evidence, trial strategy, or investigation. United States v. Fiorvanti, 412 F.2d 407, 411 (3d Cir.), cert. denied, 396 U.S. 837 (1969).
The Court also observes that the government has made a request for reciprocal discovery subject to disclosure pursuant to Federal Rule of Criminal Procedure 16(b)(1). See Response at 33.
A number of Defendants' requests pertain to information about the government's anticipated trial witnesses. The government represents that the majority of this information - to the extent that it exists - will be disclosed at the time that the government discloses any Jencks Act materials. See Resp. at 6. Additionally, the government represents that it will provide impeachment material which relates to its trial witnesses at the time it discloses its Jencks Act materials for the witnesses. Id. at 11.
The Court of Appeals for the Third Circuit has recognized that discovery in criminal cases is limited to those areas listed in Federal Rule of Criminal Procedure 16(a)(1), "with some additional material being discoverable in accordance with statutory pronouncements and the due process clause of the Constitution." United States v. Ramos, 27 F.3d 65, 68 (3d Cir. 1994). Generally, these other areas are limited to the Jencks Act and materials available pursuant to the Brady doctrine. Id. Keeping these principles in mind, the individual requests of Defendants will be addressed seriatim.
a. Written or Recorded Statements by Defendant
The government responds that the Defendants' statements which fall within the purview of Fed. R. Crim. P. 16(a)(1)(A) and (B) have already been disclosed with the materials provided pursuant to Local Criminal Rule 16.1. With that said, however, the government represents that there were no written or recorded statements by the Defendants that were provided. Accordingly, this request is DENIED AS MOOT WITHOUT PREJUDICE. To the extent that Defendants seek discovery of statements that fall beyond the purview of Fed. R. Crim. P. 16(a)(1)(A) & (B), this request is DENIED.
b. Any Oral Statement Made by the Defendants that the Government Intends to Introduce at Trial
The government's response appears to be non-responsive as it objects to producing statements by third parties. Pursuant to Federal Rule of Criminal Procedure 16(a)(1)(A), the government must disclose to the Defendants "the substance of any relevant oral statement made by the defendant[s], before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial." Therefore, to the extent that the government has any such oral statements of Defendants which fall within the purview of 16(a)(1)(A), this request is GRANTED.
c. Any and All Statements of Alleged Co-Conspirators
The government objects to this request as beyond the scope of discovery. The Court agrees. The law is well-settled that statements by third parties, whether alleged co-conspirators, prospective government witnesses, or individuals whose statements can be attributed to a defendant for evidentiary purposes, do not come with the ambit of Rule 16(a)(1)(A) and are not required to be disclosed in pretrial discovery. Rather, the Jencks Act controls production of statements of government witnesses. Accordingly, this request is DENIED.
d. Co-Conspirator Statements Made by Defendant
The government responds that Defendants' statements that fall within the purview of Fed. R. Crim. P. 16(a)(1)(A) & B have already been disclosed with the materials provided pursuant to Local Criminal Rule 16.1. Accordingly, this request is DENIED AS MOOT WITHOUT PREJUDICE. To the extent that Defendants seek discovery of statements that fall beyond the purview of Fed. R. Crim. P. 16(a)(1)(A) & (B), this request is DENIED.
e. Copy of Defendants' Prior Record
The government responds that no criminal records were located for these Defendants. Accordingly, this request is DENIED AS MOOT WITHOUT PREJUDICE.
f. Books, Papers and Tangible Objects
The government represents that on October 8, 2009, Attorney Ross viewed the data recovered from the Ambridge Police Department digital video recording system, and that the forensic examiner also responded telephonically to questions posed by Mr. Ross. The government further asserts that "[a]ny reasonable request for discovery will be accommodated." Accordingly, this request is DENIED AS MOOT WITHOUT PREJUDICE.
g. Written or Recorded Statements of Witnesses
The government objects to pretrial discovery of these materials. The Court agrees. To require disclosure at this time of the requested information is tantamount to having the government identify its witnesses. Under the law, the government is not obliged to provide a witness list in a non-capital case, except in conformity with the Jencks Act, which requires the government to provide the defense with statements of witnesses that the government intends to call at trial.
The government has acknowledged its responsibilities under the Jencks Act. Accordingly, Defendants' request is DENIED WITHOUT PREJUDICE.
h. Oral Statements by Witnesses
The government objects to the extent that Defendants seek discovery of statements that fall beyond the purview of Fed. R. Crim. P. 16(a)(1)(A) & (B). The Court agrees. Accordingly, the request is DENIED.
i. Reports of Physical or Mental Examinations
The government responds that it has provided 22 pages of medical records which pertain to the victim and thus has fulfilled its discovery obligation. Accordingly, this request is DENIED AS MOOT WITHOUT PREJUDICE.
Further, the government represents that defense counsel are aware that defendant Heitzenrater's firearm was submitted to the FBI for testing. However, no results from such testing have yet been received, but the government has represented that it intends to share the results of any such testing upon receipt. Accordingly, this request is DENIED WITHOUT PREJUDICE.
j. Reports of Expert Witnesses or Written Summary
The government responds that the Defendants were provided with a 19-page investigative report by Corporal Robert Erdely of the Pennsylvania State Police detailing his forensic analysis of the digital video recorder obtained from the Ambridge Police Department.
Further, the government represents that it has not yet determined with certainty which expert testimony it will use in its case in chief. However, the government agrees that, at least two weeks prior to trial, in compliance with the requirements of Fed. R. Crim. P. 16(a)(1)(G), it will provide Defendants with a written summary of any expert testimony that may be introduced in the government's case in chief, as well as a curriculum vitae of the expert.
Accordingly, Defendants' request is DENIED WITHOUT PREJUDICE.
k. Brady Information, Exculpatory and Impeachment
The government responds that to the extent that it exists, any material relating to the credibility of the government's witnesses will be provided with the Jencks Act materials for each trial witness.
The government further asserts that "[a]t present, [it] is unaware of any material that it would deem material and exculpatory that pertains to the defendants." Resp. at 5. Accordingly, Defendants' request is DENIED WITHOUT PREJUDICE.
l. Reports and Results of DNA Testing Performed on Service Revolver
The government responds that scientific analysis has been requested upon the service revolver of Defendant Heitzenrater, but to date, no results have yet been obtained. However, the government states that it intends to share the results of any such testing upon receipt. There is no reason to believe that the government will not do so. Accordingly, this request is DENIED WITHOUT PREJUDICE.
m. Copy of the Video Recording of the Jail Cell in Question
The government responds that there is no "video" per se, but that Attorney Ross has viewed data that was on the digital video recording system in question on October 8, 2009. Further, the government responds that additional access will be granted upon request. Accordingly, this request is DENIED WITHOUT PREJUDICE.
n. Any Toxicology Reports Regarding the Blood Alcohol Content of the Alleged Victim
The government responds that counsel for the Defendants was provided with twenty-two (22) pages of medical records pertaining to the victim and, therefore, it believes that it has fulfilled its discovery obligation. The Court agrees, assuming that toxicology reports, if any, were included in these records. Therefore this request is DENIED WITHOUT PREJUDICE.
MOTION FOR BILL OF PARTICULARS (Document 28-2)
Defendants are charged in four-count Indictment with the following: in Count One, both Defendants are charged with Conspiracy to Obstruct Official Proceeding, in violation of Title 18, United States Code, section 1512(k); in Count Two, both Defendants are charged with Obstruction of Official Proceeding, in violation of Title 18, United States Code, section 1512(c); in Count Three, only Defendant Heitzenrater is charged with Deprivation of Civil Rights Under Color of Law, in violation of Title 18, United States Code, section 242; and in Count Four, only Defendant Kuzma is charged with Accessory After The Fact, in violation of Title 18, United States Code, section 3.
Federal Rule of Criminal Procedure 7(f) provides as follows:
The Court may direct the government to file a bill of particulars. The defendant may move for a bill of particulars before or within 10 days after arraignment or at a later time if the court permits. The government may amend a bill of particulars subject to such conditions as justice requires.
Fed. R. Crim. P. 7(f).
A district court has broad discretion in granting or denying a criminal defendant's motion for a bill of particulars. United States v. Rosa, 891 F.2d 1063, 1066 (3d Cir. 1989); Fed. R. Crim. P. 7(f). Among the purposes of a bill of particulars is to inform the defendant of the nature of the charges brought against him or her so that the defendant is able to adequately prepare a defense. United States v. Addonizio, 451 F.2d 49, 63 (3d Cir.), cert. denied, 40 U.S. 936 (1972). The Court of Appeals for the Third Circuit has instructed that a district court should grant a motion seeking a bill of particulars when an indictment's failure to provide factual or legal information "significantly impairs the defendant's ability to prepare his defense or is likely to lead to prejudicial surprise at trial." Rosa, 891 F.2d at 1066. However, a defendant is not entitled to general discovery of the government's case, evidence or witnesses. United States v. Armocida, 515 F.2d 49, 52 (3d Cir.), cert. denied, 423 U.S. 858 (1975).
A bill of particulars should reveal "only the minimum amount of information necessary to permit the defendant to conduct his own investigation." United States v. Smith, 776 F.2d 1104, 1111 (3d Cir. 1985). In ruling on a request for a bill of particulars, the Court should consider all information that has been disclosed to the defendant in the course of the prosecution, whether or not included in the indictment. United States v. Kenny, 462 F.2d 1205, 1212 (3d Cir.), cert. denied, 490 U.S. 914 (1972).
Defendants request that the government provide them with a bill of particulars which sets forth a broad array of information regarding the alleged conspiracy, including discovery information such as impeachment material and names and addresses of witnesses. Defendants' request for impeachment material and names and addresses of witnesses is clearly outside the purview of the Indictment and, thus, will be denied.
The government responds that the Indictment in this case "sufficiently and explicitly specifies the charge." Resp. at 21. The alleged conspiracy is not a broad conspiracy spanning a lengthy period of time; rather the alleged conduct is very limited and focuses on two specific days that are specified in the Indictment: February 20-21, 2009.
The Indictment alleges that the conspiracy in Count One and the substantive charge in Count Two relate to a scheme to "corruptly alter, destroy, mutilate and conceal a record or other object," specifically "data held on a Borough of Ambridge Police video recording system, with the intent to impair the data's integrity and availability for use in a federal civil rights grand jury investigation."
The victim is specifically named in Count Three, and the precise acts of bodily harm allegedly performed by Defendant Heitzenrater to commit the offense are likewise detailed. Count Four precisely states that Defendant Kuzma, while working as a Lieutenant with the Borough of Ambridge Police Department, assisted Defendant Heitzenrater by altering and destroying data held on the video recording system at the Borough of Ambridge Police Department.
The Court finds that the specific criminal activity alleged in this Indictment has been described with sufficient particularity. The Court finds that the information already provided and available to Defendants is more than "the minimum amount of information necessary to permit the defendant(s) to conduct [their] own investigation." Smith, 776 F.2d at 1111. Therefore, Defendants' Motion for Bill of Particulars is DENIED.
MOTION FOR NOTICE OF DISCOVERY OF GOVERNMENT INTENTION TO INTRODUCE EVIDENCE OF UNCHARGED MISCONDUCT (Document No. 28-3)
Defendants request that the Court order the government to give notice of its intention to use similar or related act evidence and/or uncharged prior misconduct. The government responds that it has not yet identified the specific other acts by Defendants that it may seek to introduce at trial. However, the government indicates that it will provide notice of its intent to seek the admission of 404(b) evidence at least ten (10) days prior to trial. Resp. at 23.
Federal Rule of Evidence 404(b) prohibits the admission of evidence of other crimes, wrongs, or acts to prove the character of a person in order to show that he likely acted in conformity therewith on a particular occasion. The rule requires that the government in a criminal case, upon the request of an accused, provide reasonable advance notice of its intention to use such evidence and the general nature thereof. Id. The purpose of this notice requirement is to "reduce surprise and promote early resolution on the issues of admissibility." Fed. R. Evid. 404(b), Notes of Committee on the Judiciary, Sen. Rep. No. 93-1277. This Rule does not, however, provide for unbridled discovery and, to that end, the government need only "apprise the defense of the general nature of the evidence of extrinsic acts." Id.
At this point in the proceeding the government has not determined the evidence, if any, it may seek to admit at trial pursuant to Rule 404(b). The government has stated that it intends to provide notice to Defendant of Rule 404(b) evidence at least ten (10) days before trial, and there is no reason to believe that the government will not do so. Accordingly, this request is DENIED WITHOUT PREJUDICE.
MOTION FOR ORDER DIRECTING OFFICERS /AGENTS TO RETAIN ROUGH NOTES (Document No. 28-4)
Defendants request the Court to order that all Officers / Agents who investigated the charges in this case, retain and preserve all rough notes and writings "and to produce the same if requested on the grounds that said rough notes may be important to defendant's effective cross examination of those Officers / Agents or of the witnesses who were interviewed." The government responds that it is aware of its obligations and will require that the government's agents preserve their rough notes created during this investigation.
Independently of the government's consent, the Court notes that the Court of Appeals for the Third Circuit requires that the government retain rough notes and writings. In United States v. Ramos, 27 F.3d 65, 68-69 (3d Cir.1994), our appellate court reaffirmed its prior directives that the government preserve all notes of interviews with witnesses in criminal cases and rough drafts of investigative reports. Id. (citing United States v. Vella, 562 F.2d 275, 276 (3d Cir.1977); United States v. Ammar, 714 F.2d 238, 258-59 (3d Cir.), cert. denied, 464 U.S. 939 (1983)). Therefore, all law enforcement officers in this case are hereby ORDERED to retain their rough notes and any other evidence relating to interviews of alleged co-conspirators, confidential informants, and/or cooperating witnesses.
However, the Defendants' request that said Officers/ Agents notes be produced is DENIED WITHOUT PREJUDICE. The rough notes of law enforcement agents generally are not discoverable unless those notes, pursuant to Fed.R.Crim.P. 16(a)(1)(A), constitute the substance of oral statements of a defendant which the government intends to offer into evidence at trial, which statement was given in response to interrogation by a person then known by the defendant to be a government agent. See United States v. Fischbach and Moore, Inc., 576 F. Supp. 1384, 1390 (W.D. Pa. 1983). The government has previously acknowledged that to the extent that the government has any such oral statements which fall within the purview of 16(a)(1)(A) same have already been disclosed with the materials provided pursuant to Local Criminal Rule 16.1.
MOTION FOR DISCOVERY OF INFORMATION THAT MAY BE THE SUBJECT OF A MOTION TO SUPPRESS (Document No. 28-5)
Defendants request that the Court enter an Order directing the government to provide "search warrants, or information or evidence obtained thereby, any statements and/or any identification of defendant or other evidence obtained in this investigation that may be the subject of a motion to suppress." The government responds that it believes that it has already complied with this request and "does not know what additional information may be the subject to a Motion to Suppress." Accordingly, Defendant's request is DENIED WITHOUT PREJUDICE.
MOTION FOR SEVERANCE (Document No. 28-6)
Defendant Heitzenrater moves for a severance in order to secure the testimony of co-defendant Kuzma. He contends that co-defendant Kuzma would provide exculpatory testimony on his behalf if co-defendant Kuzma's own trial proceeded first.
Defendants Heitzenrater and Kuzma are both charged in the Indictment with Conspiracy to obstruct justice (Count One) and the substantive charge in Count Two which relates to the scheme to obstruct justice. The government argues that the "defendants are properly joined as co-conspirators and cannot make a showing sufficient to justify severance for trial." Resp. at 26.
There is a presumption against severing charges or defendants that are indicted together, especially in cases involving a conspiracy charge, unless the defendants can show that the trial would be manifestly unfair. Virgin Islands v. Sanes, 57 F.3d 338, 341-42 (3d Cir. 1995). The initial joinder must involve the same acts or series of acts to be proper. Fed. R. Crim. P. 8(b); United States v. Eufrasio, 935 F.2d 553, 567 (3d Cir. 1991). If the Court finds that joinder is proper then it must weigh the potential prejudicial effect against the expense and time of separate trials that basically retry the same issue. United States v. Joshua, 976 F.2d 844, 847 (3d Cir. 1992); Fed. R. Crim. P. 14.
The "proper inquiry is whether evidence is such that the jury cannot be expected to 'compartmentalize' it and then consider it for its proper purpose." United States v. Dansker, 537 F.2d 40, 62 (3d Cir. 1976) (citing United States v. DeLarosa, 450 F.2d 1037, 1065 (3d Cir. 1971)). If the government has charged conspiracy in good faith, then that allegation alone is sufficient reason for trying conspiracy and all substantive offenses together. United States v. Sharma, 190 F.3d 220, 230 (3d Cir. 1999).
There exists a preference in the federal system for joint trials of defendants who are indicted together. See Zafiro v. United States, 506 U.S. 534 (1993); accord United States v. Urban, 404 F.3d 754, 775 (3d Cir. 2005). Joint trials "play a vital role in the criminal justice system." Id. In fact, the United States Supreme Court has repeatedly approved joint trials because such trials promote efficiency and "serve justice by avoiding the scandal and inequity of inconsistent verdicts." Id. "Generally speaking, where several defendants are jointly indicted they should be tried together," particularly where the charges against them arise out of the same series of acts or transactions. Id. In addition, joint trials of defendants charged under a single conspiracy aid the finder of fact in determining the "full extent of the conspiracy," United States v. Provenzano, 688 F.2d 194, 199 (3d Cir.), cert. denied, 459 U.S. 1071 (1982), and prevent "the tactical disadvantage to the government from disclosure of its case." United States v. Jackson, 649 F.2d 967, 973 (3d Cir.), cert. denied, 454 U.S. 1034 (1981). See also United States v. Thornton, 1 F.3d 149, 152 (3d Cir. 1993) (holding that where all defendants were charged in participating in a single overarching drug conspiracy, joinder was appropriate.)
As a result, when defendants have been properly joined under Rule 8(b), "a district court should grant a severance under [Federal Rule of Criminal Procedure] 14 only if there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence." Zafiro, 506 U.S. at 539; Fed. R. Crim. P. 14.
A defendant has "a heavy burden in gaining severance." United States v. Quintero, 38 F.3d 1317, 1343 (3d Cir. 1994). Defendants are not entitled to a severance merely because they may have a better chance of acquittal in separate trials or because the evidence is different as to each defendant. Because differing levels of evidence are inherent in joint trials, "[p]rejudice should not be found in a joint trial just because all evidence adduced is not germane to all counts against each defendant or some evidence adduced is more damaging to one defendant than others." United States v. Console, 13 F.3d 641, 655 (3d Cir. 1993). Rather, the preferred remedy in such a situation is to instruct jurors regarding which evidence is admissible against which defendant. See Zafiro, 506 U.S. at 540-41; United States v. Voight, 89 F.3d 1050, 1096 (3d Cir. 1996). Further, severance is not appropriate when the same or substantially the same evidence will be presented in both trials. See Console, 13 F.3d at 655.
As an initial matter, the Court finds that Defendants Heitzenrater and Kuzma were properly joined as co-conspirators. See Fed. R. Crim. P. 8. The conspiracy charge provides a common plan and set of transactions that makes joinder appropriate. Accordingly, the Court must next weigh the potential prejudicial effect against the expense and time of separate trials that basically retry the same issue. See Fed. R. Crim. P. 14.
As stated supra, Defendant Heitzenrater argues that a refusal to sever would deprive him of the ability to call Co-Defendant Kuzma to testify in his behalf. A severance argument based on the need for the testimony of a co-defendant warrants consideration of four factors: (1) the likelihood that the co-defendant will testify; (2) the degree to which such testimony would be exculpatory; (3) the degree to which such testimony could be impeached; and (4) the effect of severance on judicial economy. United States v. Gonzalez, 918 F.2d 1129, 1137 (3d Cir. 1990) (citing United States v. Boscia, 573 F.2d 827 (3d Cir.), cert. denied, 436 U.S. 911 (1978)). A defendant's claim that a co-defendant would testify on his behalf "must be supported by the record, and the record must show more than simply the defendant's 'request for declaration of [his co-defendants'] intent to testify.' " United States v. Davis, 397 F.3d 173, 182 (3d Cir. 2005) (quoting Gonzalez, 918 F.2d at 1137).
Although Defendant Heitzenrater asserts that his co-defendant would provide exculpatory testimony if he were tried separately, " '[b]are assertions that co-defendants will testify are insufficient.' " Gonzalez, 918 F.2d at 1137 (quoting Boscia, 573 F.2d at 832). In this case, there is no evidence in the record that Co-Defendant Kuzma would testify during Defendant Heitzenrater's trial if his trial was severed from Defendant Heitzenrater's. Kuzma has not submitted an affidavit stating that he would testify or indicating the substance of any potential testimony.
Further, the Court finds that Heitzenrater's argument that Kuzma would "establish that [Heitzenrater] does not know anything about, or how to operate, the video recording system" is misplaced. Defendants have been charged with conspiracy to destroy and alter evidence on the digital video recording system of the Ambridge Police Department. Conspiracy is an inchoate crime; therefore, it is not necessary for the government to establish that Defendant Heitzenrater had any specialized knowledge or engaged in any overt action.
Moreover, the Court finds and rules that severance is not in the interest of judicial economy. Defendants are charged in a conspiracy. Accordingly, separate trials would involve many of the same witnesses, including the same victim, and much, if not all, of the same documentary proof. This duplication of effort seems unjustified and simply not necessary.
For all these reasons, the Motion for Severance is DENIED.
Motion for Discovery of Impeachment Evidence In The Form Of Favorable Treatment or Leniency to Government Witnesses (Document No. 28-7)
In this motion, Defendants urge the Court to require the government to disclose any promises of immunity, leniency, or preferential treatment made to any government witnesses. In actuality, Defendants are seeking to have the United States identify its witnesses and, under the law, the government is not obliged to provide a witness list in a non-capital case, except in conformity with the Jencks Act.
The Court notes that the Government has acknowledged its obligations under the Jencks Act and has represented that to the extent such information exists, it will be provided with the Jencks Act materials for each witness. As the government has agreed to turn over the requested material for its trial witnesses, the instant motion is GRANTED.
However, to the extent that the request seeks disclosure of information which pertains to individuals who will not be government witnesses at trial, the request is DENIED.
MOTION TO JOIN (Document No. 28-8)
Defendant Heitzenrater requests leave to join the pretrial motions of Co-Defendant Kuzma. Said request is GRANTED; however, the Court notes that to date Co-Defendant Kuzma has not filed any pretrial motions.
So ORDERED this 1st day of February, 2010.
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You know how you occasionally spend way too much time looking for something that's a known issue? This was one of those cases. It took the collective energy of my local staff at Harbor Computer Services to pull this solution out of the ether. Because the solution was difficult to locate but easy to resolve, I offer this blog post in the hope that others might find it and be able to resolve this issue quickly.
The issue was reported by one user and the complaint was that he could not see all of the files in a folder. For example, in the folder list below the user was unable to see the 3 files that are circled. This happened to him in several different folders. It is one of the more bizarre problems I've seen in my career.
Troubleshooting indications:
- User is able to log onto another computer and see all of the files. So the permissions on the folders and shares are correct.
- If another user logs onto this users computer, that user has the same problem.
- If the missing files are copied into another share on the same server the files are still not viewable.
- If the missing files are copied to a share on another server, they are viewable.
- The PC is a Windows XP 64-bit Edition with SP3. The server is Windows Storage Server 2008 Standard Edition.
- Windows XP 32-bit computers in the network have no problem viewing all files.
After some dead ends, research finally found a kb article that acknowledges the problem.
Windows XP Professional x64 may not see all folders or files shared out by Windows Storage Server 2008
This kb article describes the problem as:
Consider the following scenario. You have a file share located on a system running Windows Storage Server 2008. You have a folder within this file share, and under this folder there are 19 or more subfolders. For example:
When you connect to the share from a system running Windows XP Professional x64, you may not be able to see all of the subfolders in Explorer or from the Command Prompt. This issue only occurs when there are 19 or more subfolders; with less than 19 subfolders, the issue does not occur.
A similar manifestation of this problem occurs with files (not just subfolders). Consider the following scenario. You have a file share located on a system running Windows Storage Server 2008. You have a folder within this file share that contains between 14-36 files. When you attempt to connect to the share from a system running Windows XP Professional x64, you may not be able to see all of the files in Explorer or from the Command Prompt. This issue has only been seen when the folder contains between 14-36 files.
This may seems like an edge case that would be hit be very few people and I think it would be if we weren't talking about Storage Server. Storage Server is my experience is used by companies with advance files storage structures. The article continues by offering some work a rounds but no real solutions. Fortunately we located a forum thread in TechNet that did offer a permanent and supported solution to this problem.
XP 64bit, vanishing folders from 2008 fileserver
Down toward the end of the thread, from seemingly out of no where a forum user DaveG99 offers this solution with no explanation.
Set HKEY_LOCAL_MACHINESYSTEMCurrentControlSetServiceslanmanserverparametersNoAliasingOnFileSystem to 0 on the Windows Storage 2008 Server.
Indeed DaveG99 is right and this solution works. However, I was not comfortable applying it until I knew that it was supported. His suggestion does after all alter the server. A search then to see what this registry does came up with this:
Windows Storage Server 2008 R2 OEM Deployment Guide
Add performance-specific registry keys
To optimize the performance of a storage appliance as a file server, you should set two registry keys:
· NtfsDisable8dot3NameCreation: This key controls the creation of a short file name that follows the 8.3 naming convention. Setting this value to 1 disables the creation of a shortened name.
· NoAliasingOnFileSystem: This key controls file system aliasing. If the value of this key is set to 1, then this feature is disabled.
These registry keys increase the performance of the server when it is used as a storage appliance.
Aliasing is a feature that is included with Windows Server 2003. This feature lets multiple long file names or multiple short file names refer to the same file (Used for mounting- and reparse-points). Disabling file system aliasing can improve performance as it will increase the available cache size for the server service:
[HKEY_LOCAL_MACHINE SYSTEM CurrentControlSet Services LanmanServer Parameters]
NoAliasingOnFileSystem = 1 (Default = 0)
Now in this documentation there's really no indication why this helps Windows XP 64-bit computers to see all files in a folder. But we do know that the solution is a supported one, even if it is supported for another reason. The solution can be safely applied to resolve the problem at hand.
So who wrote this blog and what do they do for a living anyway?
We're Third Tier. We provide advanced Third Tier support for IT Professionals.
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Appeal from the Circuit Court of Cook County; the Hon. Earl
Arkiss, Judge, presiding.
Plaintiff-appellant Weyerhaeuser Company appeals from an order of the circuit court of Cook County upholding the determination of defendant-appellee, the Department of Revenue of the State of Illinois, that Weyerhaeuser owed $102,349 in additional income taxes. This additional tax liability resulted from the department's disallowance of a claimed valuation limitation amount of $147,035,792.
We affirm.
In Thorpe v. Mahin (1969), 43 Ill.2d 36, 250 N.E.2d 633, the Illinois Supreme Court upheld the validity of the Illinois Income Tax Act (Ill. Rev. Stat. 1979, ch. 120, par. 1-101 et seq.). In so doing, that court found that the legislature intended an August 1, 1969 (the effective date of the Act), valuation limitation in computing taxable gain on property. The court explained the valuation limitation as follows:
"* * * in computing taxable gain on property acquired prior to August 1, 1969, the basis is date of acquisition value or the August 1, 1969, value, whichever is greater; in computing a deductible loss on property acquired prior to August 1, 1969, the basis is the date of acquisition value or the August 1, 1969, value, whichever is less." (Thorpe v. Mahin (1969), 43 Ill.2d 36, 54, 250 N.E.2d 633, 642.)
The Illinois legislature then expressly adopted this valuation limitation for individuals, trusts, and estates but excluded corporations. (Ill. Rev. Stat. 1973, ch. 120, pars. 2-203(a)(2)(F) and 2-203(c)(2)(F); see pars. 2-203(b) and 2-203(g).) These amendments were made applicable to all taxable years beginning after December 31, 1970.
Pursuant to Federal income tax law Weyerhaeuser has elected to utilize a taxable year which varies from 52 to 53 weeks and ends on the last Sunday in December. (26 U.S.C.A. sec. 441(f)(1978).) The taxable year at issue here began on December 28, 1970, and ended December 26, 1971.
When Weyerhaeuser filed its Illinois income tax return, it took the position that the amended statute eliminating the valuation limitation did not apply since its taxable year began on December 28, 1970, and the statutory amendment applied to taxable years beginning after December 31, 1970. The department disallowed the valuation limitation, finding that the following provisions of the Federal statute dealing with 52-53 week accounting periods were applicable:
"(f) Election of year consisting of 52-53 weeks.
(1) General rule. A taxpayer who, in keeping his books, regularly computes his income on the basis of an annual period which varies from 52 to 53 weeks and ends always on the same day of the week and ends always —
(A) on whatever date such same day of the week last occurs in a calendar month, or
(B) on whatever date such same day of the week falls which is nearest to the last day of a calendar month,
may * * * elect to compute his taxable income for purposes of this subtitle on the basis of such annual period. * * *
(2) Special rules for 52-53 week year.
(A) Effective dates. In any case in which the effective date or the applicability of any provision of this title is expressed in terms of taxable years beginning, including, or ending with reference to a specified date which is the first or last day of a month, a taxable year described in paragraph (1) shall (except for purposes of the computation under section 21) be treated —
(i) as beginning with the first day of the calendar month beginning nearest to the first day of such taxable year, or
(ii) as ending with the last day of the calendar month ending nearest to the last day of such taxable year, as the case may be." (26 U.S.C.A. sec. 441(f)(1978).)
Application of this section transformed Weyerhaeuser's taxable year to one beginning January 1, 1971, and thus invalidated its deduction of the valuation limitation amount in computing its capital gains. On administrative review of the department's determination, the circuit court affirmed the department's position and also rejected certain constitutional objections raised by Weyerhaeuser in relation to the elimination of the valuation limitation for use by corporations.
• 1 The principal issue before us is the applicability of section 441(f)(2)(A) in determining what constitutes Weyerhaeuser's taxable year for purposes of determining the applicability of the statutory elimination of the valuation limitation for corporations. Section 1-102 of the Illinois Income Tax Code (Ill. Rev. Stat. 1983, ch. 120, par. 1-102) provides:
"Except as otherwise expressly provided or clearly appearing from the context, any term used in this Act shall have the same meaning as when used in a comparable context in the United States Internal Revenue Code * * *."
Thus, as a rule of construction, terms are to be given the same meaning for purposes of both State and Federal tax statutes. (Bodine Electric Co. v. Allphin (1980), 81 Ill.2d 502, 410 N.E.2d 828.) Section 4-410(a) of the Illinois Income Tax Code (Ill. Rev. Stat. 1983, ch. 120, par. 4-401(a)) provides:
"(a) In general. For purposes of the tax imposed by this Act, the taxable year of a person shall be the same as the taxable year of such person for federal income tax purposes * * *."
As we have noted, section 441(f)(2)(A) allows a taxpayer to select a 52-53 week fiscal year but also limits that right by providing that for purposes of determining the applicability of statutes which become effective on the first day of a month such 52-53 week fiscal years will be treated as beginning with the first day of the calendar month beginning nearest to the first day of that taxable year. We find no basis for concluding that in determining what constitutes a 52-53 week fiscal year as defined in the Federal statute we should be limited to only the first, permissive, portion of that statute. The second portion is applicable because the Illinois statute setting out the effective date for abolition of the deduction is expressed in terms of a taxable year beginning with the first day of a month, namely January 1, 1971. Thus, we conclude that the department was justified in determining that Weyerhaeuser was not entitled to the valuation limitation deduction.
This conclusion is supported by an analogous Connecticut case, Eastman Kodak Co. v. Sullivan (1975), 32 Conn. Sup. 127, 342 A.2d 913. There the applicable Connecticut statute specifically permitted a taxpayer to elect a 52-53 week fiscal year in accordance with the provisions of the Federal internal revenue code. The court examined the same Federal statute at issue here and determined that the provisions relating to special rules for applying the effective dates of statutes to 52-53 week fiscal years were incorporated by reference into the State law, not just that portion of the Federal statute permitting the adoption of such a fiscal year.
Weyerhaeuser relies on Allentown Wholesale Grocery Co. v. Commonwealth (1972), 5 Pa. Comm. 426, 291 A.2d 336, in which the court held that a corporate taxpayer with a 52-53 week fiscal year beginning December 29, 1968, was not liable for increased tax rates statutorily applicable to fiscal years beginning in 1969 or for calendar years 1969 and thereafter. Nothing in that opinion indicates that the Pennsylvania statute incorporated or even referred to Federal tax definitions. Although the court referred to the definition of a fiscal year contained in the Federal statute at issue here, this was only to reinforce its determination that the taxpayer was not using a calendar year, a crucial distinction under the Pennsylvania statute. Thus, that case was decided solely under Pennsylvania statutes and has no applicability to this cause. We are also not persuaded by an Idaho Tax Court decision cited by Weyerhaeuser, In the Matter of the Protest of Weyerhaeuser Co. (1974), Docket C-462. There, a capital gains deduction abolition effective January 1, 1971, was held to be still available to the taxpayer, which had adopted a 52-53 week fiscal year beginning December 28, 1970. Although the Idaho court referred to the Federal provision allowing the use of 52-53 week fiscal years, there is no indication in its one-page opinion that the court was even cognizant of the special rules also contained in the statute which would apply in determining the applicability of effective dates of statutes to 52-53 week fiscal years.
• 2 In its brief Weyerhaeuser has also incorporated by reference (with the express permission of this court) certain constitutional challenges to the statutory abolition of the valuation limitation for corporations which were contained in a case then pending before the Third Division of the First District of this court, Chapman v. Department of Revenue (1982), 110 Ill. App.3d 82, 441 N.E.2d 1156. In pertinent part the appellants in Chapman contended that the statute denied to corporate taxpayers the equal protection of the laws and due process. Chapman has since been decided, with the court holding that the legislature acted reasonably in denying this deduction to corporations because of differences in the manner in which corporations are taxed. (Chapman v. Department of Revenue (1982), 110 Ill. App.3d 82, 441 N.E.2d 1156; see Brown v. Illinois Department of Revenue (1980), 89 Ill. App.3d 238, 411 N.E.2d 882; Thorpe v. Mahin (1969), 43 Ill.2d 36, 250 N.E.2d 633.) We find no basis for differing with the holding of the Chapman court.
For the foregoing reasons the judgment of the trial court is affirmed.
Judgment affirmed.
LINN, P.J., and JIGANTI, J., concur.
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text:
Rajkot Castor seed Futures Close- December 07
Rajkot Castor seed Futures Close-December 07 * No transactions took place at castor seed future market. Castor Seeds ready price quoted at 3,750.00 per quintal compared to the previous closing price of 3,762.50 per quintal. Castor seed futures, in rupees per 100 kilograms, in the Rajkot market, according to the Rajkot Commodity Exchange: Dec. Contract Open n.q. High n.q. Low n.q. C


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Water Resources Management
An International Journal - Published for the European Water Resources Association (EWRA)
Water Resources Management is an international, multidisciplinary forum for the publication of original contributions and the exchange of knowledge and experience on the management of water resources. In particular, the journal publishes contributions on water resources assessment, development, conservation and control, emphasizing policies and strategies. Contributions examine planning and design of water resource systems, and
operation, maintenance and administration of water resource systems.
Coverage extends to these closely related topics: water demand and consumption; applied surface and groundwater hydrology; water management techniques; simulation and modelling of water resource systems; forecasting and control of quantity and quality of water; economic and social aspects of water use; legislation and water resources protection.
Water Resources Management is supported scientifically by the European Water Resources Association, a scientific and technical nonprofit-making European association.
Latest Articles
Downscaling Monsoon Rainfall over River Godavari Basin under Different Climate-Change Scenarios
Jew Das, Nanduri V. Umamahesh (December 2016)
Fuzzy Hybrid MCDM Model for Ranking the Agricultural Water Demand Management Strategies in Arid Areas
Mohammad Ebrahim Banihabib, Mohammad Hadi Shabestari (November 2016)
Generalized Regression Neural Network for Prediction of Peak Outflow from Dam Breach
Saad SH. Sammen, T. A. Mohamed, A. H. Ghazali… (November 2016)
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text:
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José Pizarro has lived in the UK for 16 years and in that time has worked at some of London's most prestigious Spanish restaurants including Eyre Brothers, Brindisa and Gaudi. In May 2011 he opened his first solo venture to great critical acclaim – José – his proudest moment yet. Later that year he opened Pizarro, a few yards away from José. 2015 saw him open his third restaurant, José Pizarro at the newly developed Broadgate Circle in the heart of the City of London. He describes this restaurant as the coming together of his twenty years of cooking.
José was planning to become a dental technician in Spain but realised his love of food was bigger than his love of dentistry and completed one year of catering school in Cáceres before working in a restaurant local to his home town. In 1997 Pizarro moved to Madrid to the award-winning Meson de Doña Filo where he cooked nueva cocina and began his love affair with fresh, brightly flavoured dishes.
Jose has appeared on BBC1's Saturday Kitchen many times – as well as on UKTVFood's Market Kitchen, Channel 4's Sunday Brunch and Rick Stein's Christmas on BBC1 – and his first book Seasonal Spanish Food was published in Autumn 2009 by Kyle Cathie to great critical acclaim. The book has been translated and printed for other markets too, such as the US and Holland. It has even been translated into Spanish for the people of Spain and will be launching there any day now. José's last book, Spanish Flavours, came out in Autumn 2012.
In May 2014 José was voted one of '100 españoles' – a hugely prestigious award which showcases the top 100 Spaniards around the world, based on how they have brought their talents to the masses and how they have shown their Spanish pride and love of the country through their work.
José has also been awarded a number of other fantastic accolades:
- Ontrade personality of the year 2012 by Harpers Magazine
- Newcomer of the Year 2012 Winner Food and Travel Magazine Awards
- Restaurant of the Year 2012 Winner Food and Travel Magazine Awards
- Restaurant of the Year 2012 World Food Awards
So far 2016 has been a very exciting year for José Pizarro. His third book was released in March; Basque sees him discover more about the food of this region, its heritage and its traditions with a focus on pintxos as well as on larger dishes to be shared. José says that you don't need to be a slave to your stove in order to make tapas at home! For more information and to purchase your copy visit www.josepizarro.com/books
José has most recently been featured in many of the UK's most well – known national news titles including The Times, The Telegraph and The Independent, and is even hosting his own lunch series in conjunction with The Guardian. He also regularly features in key food titles including Olive, BBC Good Food & Delicious.
José has already taken part in numerous events this year, including hosting the Oxford Literary Festival special dinner for Claudia Roden, the newly launched Henley Food Festival, and the BBC Good Food Shows. Later this year we see him treat visitors to his legendary Spanish cooking at the renowned food festivals at Abergavenny and Aldeburgh as well as The Big Feastival and Meatopia. Last not but least, this summer we see José competing in London's inaugural Croquetas challenge!
José's journey doesn't end here though – 2017 promises to be another exciting and food-filled year, so check back here for news soon!
Basque, published by Hardie Grant, released March 2016


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What is a jasper file and how do I open a jasper file?
JASPER is a file created by JasperReports, an open source programming library that allows users to create reports programmatically in Java. It contains report content in binary format that has been compiled from a JRXML file. When it comes to generating reports in a repeated manner, JASPER files must be deployed using Java applications. When the report data is read from a specific source of data, the reports are then, filled resulting to generated formats such as .JRPRINT, .RTF, .TXT, .HTML, .PDF, .XLS, .CSV, and .XML. The JasperReports program, which is well-known as an open source programming library, wherein users can create programmatic reports in Java using this software. JasperReports work on Windows, MAC and Linux operating systems. Aside from JasperReports, JASPER files can also be opened using Jaspersoft iReport. This is a report designing application that allows users to create reports with layouts that contain images, sub-reports, etc.
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|This is a discussion on Preflop or Post Flop within the online poker forums, in the Learning Poker section; When is the best time to play preflop and then same for Post Flop ? Should my cards be the determining factor ? Can and will this
Preflop or Post Flop
When is the best time to play preflop and then same for Post Flop ?
Should my cards be the determining factor ?
Can and will this help my play and my trouney life ?
Is there a good way to recognize which way to play ?
May Your Skill Make Your Goals Easier
Best time to play preflop OBV is when holding a premium starting hand. Although, position/dynamics have a lot to do with it as well.
If you opened the pot preflop, then you should almost always be cbetting the flop(depending on # of opponents that are in the hand).
Your cards should NOT always be the determining factor whether you will play the hand or not. Try playing the opponent, and not your hand.
It's a mix of position, your cards, your opponents and the action before you!!
You can't be predictable and only play premiums because you will only get action when you're likely to be beat!
Try a cold 4 bet bluff now and again a great spot for this is when an active player opens the button a loose passive player calls the small blind and you are sat in the big blind.... An ace blocker is helpful but I wouldn't worry I found and. You use this play sparingly you'll get folds around 70% of the time!


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Nearly sixteen years since Sandra M. Perry died at Yakutat's Glacier Bear Lodge, trial may finally be held for Robert Dean Kowalski who is now accused of her murder.
An omnibus hearing was held Monday in Juneau Superior Court in which pending motions, and evidence or constitutional issues are usually resolved before a case goes to trial.
Special prosecutor Paul Miovas says they have handed over all available evidence to public defender Eric Hedland. Miovas also signaled that evidence from a recent Montana homicide may be introduced during the Alaska trial. He referred to a criminal court rule – 404(b) – that allows for the admission of previous crimes or character evidence that is normally excluded at trial.
"I have provided all of the reports and all of the information from that. It's the Montana case," said Miovas. "Mr. Hedland should have all those interviews, reports, and all the supporting material for that already."
Hedland says he does not intend to raise issues of incompetency, insanity, or diminished mental capacity as part of his defense.
A closed-door deposition of a potential witness is planned for August 3rd.
A pre-trial hearing is set for October 29th.
A jury trial is scheduled to start November 5th.
The 50-year old Kowalski was extradited from Montana and he remains held pending posting of a million dollars bail. Even if he were to make bail, he would still remain incarcerated because of a conviction stemming from a homicide in Montana four years ago.
That incident included the arrest of Kowalski after a 31-hour standoff at his home that involved SWAT teams from three jurisdictions. The gun used in shooting and killing 45-year-old Lorraine Kay Morin was recovered from his home. Kowalski told investigators the gun accidentally went off as he was falling backward into a chair.
In the Yakutat Glacier Bear Lodge incident, Kowalski told Troopers that he armed himself with a shotgun after he and Perry heard a bear outside their room. But Kowalski said he tripped onto the bed and fell on top of Perry. The gun discharged when he got up.
Prosecutors apparently determined in 1996 that there was not enough evidence to disprove Kowalski's claim of accidentally shooting Perry. But they changed their mind after Kowalski was convicted in the Morin case that seemed to occur under similar circumstances.
Recent headlines
4-vehicle accident backs up Egan Drive, five people injuredJuneau police reported five people injured in a four-vehicle accident on Egan Drive at Fred Meyer.
State unemployment data shows the bleak reality of an oil crashA state economist said the oil and gas industry is shrinking fast, but it could bottom out soon.
Terrifying visages: Native armor inspired fear in foesTlingit battle helmets were designed to inspire fear. The thick, wooden head armor carried imagery of strong warriors, fierce animals or revered ancestors.
BlueCrest gets a break from the state on $30 million loanAfter loss of tax credit payments from the state and construction delays, a Cook Inlet oil company asks for help.


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Gamma Rays
Dan Telfer
This book is available for download with iBooks on your Mac or iOS device, and with iTunes on your computer. Books can be read with iBooks on your Mac or iOS device.
In this short guide to gamma rays, you will be taken beyond the simple physics and into legally dubious adventure.
- $2.99
- Category: Humor
- Published: Jun 20, 2011
- Publisher: Lulu.com
- Seller: Lulu Enterprises, Inc.
- Print Length: 1 Pages
- Language: English


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Winter is here, and so is the November PV Selection for 2016! The last of its kind, let's enjoy the music and the accompanying videos that have graced us from the month gone by before the year bows out. As per usual, all videos posted are what I have personally enjoyed; don't feel put out by the fact I did not enjoy everything you might have done, because opinions differ, or maybe I just didn't see them? Who knows!
Much like the Music Selection prior to this post, this will be my final PV Selection post for 2016, as I will not be creating the December version in January due to my End of Year Music Favourites post that I do annually. So, after doing this for near-on a year, I want to thank you all for reading, enjoying and supporting these Selection Posts from 2016! I hope you've liked them as much as I have!
Now, before the end of 2016 comes along, let's enjoy the final PV releases from the Year '16, and treasure the Idols who have created them! Are you ready to watch some Idol goodness?
Though my pickings are few, the ones I have here are what I would call the cream of the crop. Of course, they all appealed to me in more ways than one, but they also all stood out individually for various reasons, from great camera work to bright and colourful settings, or for how genuinely fun the video felt as a whole. Surprisingly, I've not found many Christmas themed videos this time around... or, at least the ones that I like, but no worries! There were many good videos this past month. Some just so happened to stand out more than others!
So, without any further rambling, let's get going and take a look at some of these videos! Will there be any that you enjoyed in this very list? Read and watch on to find out!


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Tame ImpalaBuy this song
Bet he feels like an elephant Shaking his big grey trunk for the hell of it You know that you're dreaming about being loved by him Too bad your chances are slim And it's not like Mr. Shock To get shy when I ask who always is on top? There must be something deep down in the middle down there He's not too easily scared He's got friends but they got the feeling Wouldn't care too much if he just disappeared Oh, look, see there he is now coming down the stairs (Here he comes) He pulled the mirrors off his Cadillac (yeah) 'Cause he doesn't like it looking like he looks back He talks like his opinion is a simple fact Somebody grabbed his collar He cried the whole way home He won't remember a thing 'til it starts again That's how it is 'til the end (yeah)
Written by: JAY WATSON, KEVIN PARKER
Lyrics © Warner/Chappell Music, Inc., BMG RIGHTS MANAGEMENT US, LLC
Lyrics Licensed & Provided by LyricFind
Discuss the Elephant Lyrics with the community:
Use the citation below to add these lyrics to your bibliography:
"Elephant Lyrics." Lyrics.com. STANDS4 LLC, 2016. Web. 9 Dec. 2016. <http://www.lyrics.com/lyric/27487925>.


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Cilantro Pickled Pesto
Total Time
Prep 10 mins
Cook 0 mins
Another of my finds on www.ilovepickles.com that sounds deliciously different and very easy. Can be served on fish, chicken or turkey.
Ingredients Nutrition
- 2 cups fresh cilantro, fresh loosely packed (also called coriander)
- 1 cup fresh parsley, fresh loosely packed
- 1⁄4 cup walnuts
- 1⁄4 cup low-fat sour cream
- 2 tablespoons olive oil
- 2 large garlic cloves, crushed
- 1⁄4 teaspoon ground black pepper
- 2 tablespoons marinated cherry peppers (the pickled variety, seeded & minced)
- In blender or food processor, blend first seven ingredients until smooth.
- Stir in pickled cherry peppers.


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Bakes for Breast Cancer
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Taking supply management to the next level
With young people returning to school this month, we thought we'd say something about on-going education for established professionals. Here's a book for you to consider in September
in the NewsState of Logistics 2016: Pursue mutual benefit Fitch Ratings' 2017 outlook report reflects shippers' concerns Interlake Mecalux expands distribution with new Dallas facility Other Voices: How supply chain analytics can help drive data-driven decisions November non-manufacturing activity turns in strong performance, reports ISM More News
With young people returning to school this month, we thought we'd say something about on-going education for established professionals. Here's a book for you to consider in September.
Next Level Supply Management Excellence: Your Straight to the Bottom Line Roadmap, co-written by Robert A. Rudzki and Robert J. Trent, presents a picture of what procurement and supply chain management will look like during this second decade of the 21st century. Given the disruptive nature of the current global economy, many of the views here are prescient.
Rudzki – who contributes blog posts to Supply Chain Management Review – admits that most readers will find some of the ideas here to be difficult to embrace. But it is his earnest belief such change will bring higher-visibility, accountability, risk, and ultimately – reward. Trent, who has contributed guest features to SCMR in the past, shares the opinion that today's managers must extend their risk threshold if they are to keep pace with the dynamic shift in our supply chain universe.
Besides the fact that both Rudzki and Trent are very fine writers, they also happen to be consultants and educators with very precise ideas on just what constitutes good management. For Trent, it has been in keeping a good supplier scorecard. For Rudzki, it's knowing when to tap outside expertise for cultural change. He notes that one of the classic reasons for using consultants includes a desire to "jump-start" improvement or to introduce and imbed new best-in-class business processes.
Additional reasons, he writes, include leveraging the prior experiences of the consulting firm and a need to supplement internal resources with outside expertise. But he cautions that the worst classic reason to outsource this function comes about because the organization lacks leadership in a functional area.
Both authors maintain that better decisions regarding use of external resources are possible when a proposed project is "disaggregated" into components. In other words, defining precisely what the long-term objective is.
But it all begins with executive awareness. The Next Level, argues that strategic supply management involves knowledge areas requiring leaders with intelligence and foresight. Those hoping to simply automate the system will ultimately remain stagnant. And that, say Rudzki and Trent, requires the best human resources currently available.
About the AuthorPatrick Burnson, Executive Editor Patrick Burnson is executive editor for Logistics Management and Supply Chain Management Review magazines and web sites. Patrick is a widely-published writer and editor who has spent most of his career covering international trade, global logistics, and supply chain management. He lives and works in San Francisco, providing readers with a Pacific Rim perspective on industry trends and forecasts. You can reach him directly at [email protected]
Subscribe to Logistics Management Magazine!Subscribe today. It's FREE!
Get timely insider information that you can use to better manage your entire logistics operation.
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Article TopicsGlobal · Management · Supply Chain Management ·
Warehouse & DC Operations Survey: Ready to confront complexity 2016 Quest for Quality Awards Dinner View More From this Issue


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Three game types: Campaign, Survive, Gun Stand.
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Meet the Executive Team
Rick Zimmerman, President
Life has a way of taking us back to our roots, and that's certainly the case with Rick. He began in the travel industry fresh out of college where he worked as a travel agent for a small mom and pop agency in Cleveland, Ohio. Rick left the travel industry to follow his brother into the residential construction industry where he spent the next twenty-five years. In early 2002, he began to dabble in travel again. One thing led to another and KHM Travel Group was founded. While not a gambler, Rick's passion is taking trips to Vegas with friends, family and agents. Rick's vision for KHM Travel Group is to have the absolute best agent support, combined with the state-of-the-art educational programs, and to be known for having the highest commission payouts in the industry. Today, Rick is the driving force behind KHM Travel Group.
Lisa Morris, Vice President of Agent Operations
Lisa brings a wealth of knowledge and travel industry experience to the Executive Team. She began her travel career over 25 years ago after attending Southeastern Travel Academy in Florida. She has worked as a travel agent, a travel and tourism instructor at a business college, and as a member of the Royal Caribbean International team. Eventually Lisa took to the skies as a flight attendant, travelling to places across the globe before returning to Ohio to be with her family. Since joining KHM Travel Group team in 2009, Lisa has been an integral part of many of the agency's new programs and initiatives. As Supplier Relations Director, she works daily with our Preferred Supplier representatives to find creative and innovative ways to promote their travel products to both travel agents and consumers. In addition to creating beneficial tools for travel agents and suppliers, Lisa has also provided insight and ideas toward the development of several programs to help foster a positive working environment for KHM Travel Group's 50+ team members. In February of 2016, Lisa was named Vice President of Agent Operations. As a leader and resource to several of the company's major departments, Lisa works closely with the rest of the Executive Team to ensure their vision for KHM Travel Group is implemented from an operational standpoint.
Geoff Cox, Vice President of Sales
Geoff's exceptional leadership skills and commitment to growing KHM Travel Group's sales volume make him an excellent addition to the company's Executive Team. As Supplier Relations Director, Geoff has played a significant role in increasing the host agency's production with several key Preferred Suppliers including Mark Travel, Delta Vacations, and Carnival Cruise Line. Geoff has also helped strengthen the bond with many of the company's top producing agents through his involvement with the Pinnacle and Basecamp programs. When Geoff joined KHM Travel Group in 2011, he was no stranger to the travel industry. From 1993-2002, he worked as Business Development Manager and Key Account Manager at Royal Caribbean International. After his time with Royal Caribbean International, Geoff served as a Business Development Manager with Carnival Cruise Line for 8 years.
Membership Team
As the number one recruitment resource for new agents, our Memberships Team thoroughly explains our program to prospective agents and gives direction to individuals when they are deciding if our program is right for them.
Bri Greathouse
Memberships Supervisor
Natalie Aspery
Senior Membership Support
Sally Campbell
Membership Support
Amy Smith
Membership Support
Training Team
The Training team provides valuable training to agents by offering new educational opportunities, organizing several live training events and FAM trips throughout the year, and scheduling informative webinars.
Marie Smith
National Training Director
Beth Klubnik
Live Events and Training Coordinator
Chantelle Nye
Agent Trainer
John Nagel
Training Assistant
Heather Allison
West Regional Development Coordinator
Valeria Vick
Southwest Regional Development Coordinator
Bryan Overmann
Midwest & Canada Regional Development Coordinator
Rebecca Doby
Southeast Regional Development Coordinator
James Fair
East Regional Development Coordinator
Agent Support Team
Answering questions about all aspects of starting and operating a home-based travel agency, the Agent Support team serves as the main source of support for our 3,700+ independent travel agents.
Kathy Gorfido
Agent Support Manager
Pam Hassel
Agent Support Lead
Tyler Parvu
Agent Support Specialist / Supplier Administrator
Jennifer Henneman
Agent Support Specialist
Holly Peck
Agent Support Specialist
Karen Tyler
Agent Support Specialist
Ilma Abelyan
Agent Support Specialist
Cinda White
Agent Support / Group Specialist
Janet Platt
Agent Support / Office Administrator
Commissions Team
The Commissions Team oversees the payment of commissions, assists agents who need guidance with the booking process, and handles the distribution of all travel documentation.
Hannah Butler
Commissions Manager
Karen Milia
Commissions Specialist
Briana Riebau
Commissions Specialist
Ryan Vadini
Commissions Specialist
Billing Team
All issues involving the payment of membership fees are directed to the Billing Team, who also handles credit card transactions and other major accounting functions for the company.
Lisa Leone
Billing Specialist
Marketing Team
Specializing in advertising, graphic design, copywriting, web design and video production, our Marketing Team designs creative marketing pieces for use by our travel agents, Membership Team, and Retail Sales Office.
Carolyn Sekerak
Creative Marketing Director
Michelle Bakula
Senior Copywriter / PR Manager
Tanya Perez
Digital Marketing & Design Manager
Sara Rawlings
Lead Graphic Designer and Print Manager
Christian Zimmerman
Multi-Media Designer
Melissa Rice
Copywriter / Social Media Assistant
Amanda Bates
Web Content Writer
Sarah Yoder
Web Designer
Chris Wallenhorst
Graphic Designer
Chris DeMarco
Web Developer
Systems and Development
Development, implementation and maintenance of KHM systems and websites
Megan Morsie
Systems and Development Manager
Link Ray
Technical Support Specialist
Supplier Relations
Developing and maintaining relationships with our Supplier Business Development Managers, along with helping connect our agents to special promotions and supplier incentives are the main roles of the Supplier Relations team.
Brigett Gerber
Supplier Relations Assistant
Intellectual Resources
The Intellectual Resource Manager handles the company's Intellectual Resources, as well as all regulatory/legal requirements for the company.
Karen Siburt
Intellectual Resources Manager
Shannon Brickles
Payroll Specialist
Loveshack Vacations / Retail Sales
The retail office of KHM Travel Group is comprised of an experienced team of travel consultants who help local clients plan cruises, honeymoons, family vacations, international tours and more.
Jenn Jankowski
LoveShack Vacations Agency Director
Ashley Jacin
LoveShack Vacations Assistant Director
Will Medina
Business Development Manager
Melissa Rice
Copywriter / Romance Travel Specialist
Kathy Molina
Romance Travel Specialist
Lois Holben
Romance Travel Specialist


text:
FAIRFIELD - Fairfield police say they are looking for the thieves that stole an ATM from a BP station on Kings Highway.
Police say the suspects drove a van into the store, breaking the windows and made off with the machine and packs of cigarettes.
The owner of the gas station says the damage totals close to $10,000.
Officers estimate that the ATM had between $2,000 and $3,000 inside.


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Using the Audacity Project Menu
The Project Menu includes several tool you'll use often. You'll import audio files from this menu as well as add label tracks, time tracks, add tags and more.
View the full size narrated Flash tutorial (3:51)
The Project Menu
The project menu includes several options that you'll use frequently. For starters, the Import Audio command is what you'll use to import audio from a standard audio format into your project. For example, if you already have your vocals recorded and you want to add a music background, simply select Import Audio from the Project menu and then navigate your hard drive to find your MP3, WAV or other audio file to import. Audacity will open it and automatically place it in a new track in your project.
Other options on the Project Menu
Import Audio - see above
Import Labels - Audacity allows you to include multiple label tracks, which you can add from the Project Menu. You can also import a text file that contains time codes and labels and turns them into a Label Track
Import MIDI - You can import MIDI files and put them into a MIDI Track. Audacity will diplay the MIDI files, but won't let you play, edit, or save them.
Import Raw Data - This command let's you open almost any type of uncompressed audio file and import it into your project. Audacity will analyze the file and guess its format and then open it on a new track.
Edit ID3 Tags - Digital audio files can contain related textual information in addition to the audio track. This command will open a dialog box that allows you to add/edit text to the ID3 tags associated with your project. This is especially useful when encoding files as MP3s.
Quick Mix - This command mixes the selected tracks together and outputs them as a stereo or mono.
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New Label Track - Createsa a new label track.
New Time Track - Creates a new time track
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Align Tracks - The align tools work on whole tracks or groups of tracks. They work by moving the tracks left or right along the timeline.
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Small town plumbing business for sale in Central Missouri. The Owner sold his big city plumbing company, moved to the country 4 years ago and started a new business. The business has grown rapidly and has gained an excellent reputation for its high quality workmanship and reasonable pricing. This is a great opportunity for a new plumber looking to own their own business or an experienced plumber looking to move to a more rural setting with easy access to many of Missouri's beautiful rivers and streams. The Real Estate is included in the asking price and includes a residence and an office/warehouse building. The property is located on the main drag in town and is adjacent to the local Walmart. The owner is looking to retire and will assist in a smooth transition.
Financials (USD)
Asking Price $750,000
Sales $630,987
Profit Available On Request
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