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Not a bad haul for one day! I'll be getting at least this many a day for a good while, too.
Category Archives: Cooking
Forgot to Title… Meh.
I'm currently fighting for space in front of the fire with the two boys. I can't get a picture as it is too dark, but Lokii is jammed between my thighs and Spot is making sure that I cannot stretch my legs.
Oh wait, iDJ just came in and I got him to take a pic of us. This is live-blogging, folks!
He Himself has recently brought to the house his old electric guitar, and bought a small amplifier. He was just playing, and I tried to get a pic but he stopped too soon. He is going to figure out how to hook up a microphone to the amp so I can sing while he plays. This is something I've wanted us to do together for a very long time!
An earlier, 'action shot' of Lokii when he was doing his stretching exercises. Along with my feet still in winter indoor booties and the dog bed (brown thing with green fluff) that Lokii is entirely responsible for chewing up. Little shithead.
I think our robins have abandoned the hose-reel nest. They weren't expecting us to be outside so much, or throwing smoke in their faces every weekend when we grill. iDJ just loves to grill.
Not taken tonight: this was last weekend. But since I have shared kitty pics, I must include a doggie pic of Neko looking so sad that she can't have BBQ. Tonight we are having sausages, drumsticks, and my homemade hamburgers. Maybe an ear of corn for me, if I get up away from the lovely fire and open the oh-so-difficult package of Spanish corn for him. *snark*
Back to the birds – we bought them dried mealworms. Because, supposedly, robins love them. I opened the package and they smelled really good. So I ate one. On purpose, and all. It actually wasn't bad – like popcorn without butter and salt. Nicely crunchy, a slight taste of fat. So maybe they just need warming, and salt.
It didn't bother me to eat one, as mealworms don't have legs or a distinctive head. Does that even make sense? Maybe I've just been reading too much about alternatives to protein in our diets and wanted to give it a go. Seriously, it wasn't disgusting at all.
What I Do to Chicken Wings
I love chicken wings. When I cook them, they are baked, dry – no oil or butter – and I only add the sauce at the end.
In my old age, I have discovered that I adore crispy chicken skin. This is rather difficult to create when baking instead of deep-frying, and more time-intensive. The whole idea of eating fatty anything on purpose is hard for me – bordering on disgusting. But if it is crispy-crunchy-salty-hot? All good!
Since we don't have dedicated wing restaurants here, the only time I get chicky wangs (yes, I call them that, fuck off, it makes iDJ happy when I talk southerin) is occasionally in the pub for a birthday/special event, or if I make them myself.
The pub ones are edible, but not crispy, so I end up leaving behind most of the wing as I can not eat greasy soft fat. Bleurgh. It makes me feel ill to even think about it – unless the soft fat is butter, which I could eat with a spoon. Mmm, butter.
Anyhoo. When we make wings at home, they come in a big package and need cleaned (feather removal) and cut into sections. This is where I probably diverge from most people who make wangs at home. You either don't cut them up, or you do cut them up and then discard the wing-tip.
The wing-tip, if crunchy, is my absolute favourite part of a chicken. I would gladly take all those bits that restaurants in America toss out and feast until I turned into a chicken. You know that threat your momma always gave when you ate too much of one thing? Sort of like 'If you make that face, it will stick'? I'm thinking of the one where she said, "You are going to turn into a _____!" (FYI – mine as a kid would be a black olive, a BBQ rib, cheese, or a ham sandwich.)
The thing with me is… I don't just eat the meat and skin. Oh no.
I eat the bone.
Crunch crunch crunch!
If it gets chewy at all, I stop. If it stays crunchy? I eat the whole damn thing. For example:
Chicken wing-tip before I ate it…
Wing afterward. I have left the two joints, as they weren't crunchy enough.
Nom! Devoured. I really enjoy eating the bones. It sure might be weird, but I'd like to think of it as eating all of the chicken except for the cluck.
Anyone else do this? Sled, you are exempt from the question, if you managed to read this far!
We use Frank's Hot Wing Sauce, which luckily we can buy here. But what I do miss are teriyaki wings, and garlic butter wings, as I don't know how to make the sauces with what I find in Ireland. I'd love some tips! Pun not intended.
Dinner and a conversation
Hubby has his Internet radio show every Thursday. It's from 8 to 10 our time, and then he has some bits n pieces to finish off afterward, so we don't get to eat until rather late.
Last night I decided I had the time to pick some fresh herbs to put on the pork roast, and he decided he had the time to chop them for me (I dislike chopping them, not sure why as the smell is amazing). I brought in oregano, basil, rosemary, and thyme, and added two garlic cloves that were also home-grown. I always pick too much! The pork was nearly crusted in greenery (I also add salt and black pepper, can't grow them).
I got ambitious then, knowing that we'd have more good green stuff than necessary, and I decided I also had time to make a salad. We've not had one in ages, as hubby never seems interested when I say I want one.
I didn't use the rocket (arugula) I grew, as it has gone all tough and leggy and seedy. And I forgot I had it. So, boring old iceberg lettuce from the supermarket. With my only four ripe cherry tomatoes – one the size of my pinky fingernail – and a sliced carrot from the Stupid Girl raised bed. That carrot was so damn tasty and sweet! For the dressing I added a bit of dried chopped garlic and my leftover cut herbs into a bit of white wine vinegar and let it sit. I didn't need to add the fresh herbs; the point of putting anything in the vinegar is to rehydrate a dried spice – so if you don't have fresh spices, toss everything in the vinegar, whatever is to hand. I don't measure, sorry – eyeball it! I decided this time to add the fresh ones as the cutting board was hogging all my counter space.
The pork cooks for about 2 hours… when the meat is done I let it sit on a plate, and add water (or sometimes flat Pepsi) to the pan and swish it about to turn the yummy caramelisation flavour into a bit of jus. I add olive oil to the vinegar and swish that about a lot too, before pouring over the veggies. Simple and tasty!
Hubby likes to rate our meals out of 10. Usually he just rates his own cooking, the little egotist. I asked him for his rating of my dinner this time, as he kept saying how great it was.
"The salad is a 9.5! But, it was so good that the meat got lost. So the meat is only an 8. I give the overall meal an 8."
"Wait, what? How do I get downgraded from a 9.5 and an 8 to an overall 8? Did you forget how averages work?"
"I'm sticking with an 8. The salad overshadowed the meat, sorry."
A disappointing result. So much for not showing interest in my salads, eh?
Barley Stuffing
I had a lot of people ask me to share my barley stuffing recipe. Well, three people. But hey, that's three people who are interested and might benefit from my wealth of knowledge! HAHAHAHAHHA, gasp, HAHAHAHAHHA, wealth.
I got this off the net at some point, because I really, really, hate bread-based stuffing. Was always more than happy to help mom tear bread into chunks to make it, but I've always had a disgust for anything involving bread cooked in meat juice. I like bread, I like meat, but there's just something… ooky… about the two together when the bread is wet. * shudder*
I wondered, one day, what I could use instead of bread to stuff a turkey or chicken. Rice is too sticky, and brings bad memories of a not-favourite-of-mine meal my mother cooked called 'porcupines' (no, I'm not kidding. It's sort of surprising I'm not a vegetarian after that, isn't it?), so I thought of barley. I love barley. I find the texture fascinating; squishy but firm, soft but a bit chewy, and the little bit of husk gives me the smug feeling that I've actually eaten something with 'good' fibre in it.
But, I hate onions. So this is an onion free version.
Sorry for the US measurements. I still think in American when cooking! But as with cooking rice, it's one part barley to two parts broth. Use a coffee cup to measure, who cares? This isn't baking, there's no need to be exact. My 'teaspoons' are usually just eyeballed or dumped into the palm of my hand. We all do this. I love cooking like this (and this is why I'm a terrible baker).
1 cup pearl barley
2 cups broth (I love beef with barley, but for stuffing I used chicken. I expect vegetable broth would work also)
a shit-ton of salt. As much as you feel is too much. Barley needs salt. And I'm a bit of a salt junkie. Meh, use as much as you want, but my notes from the first time said 'more salt' and I went a bit mad this time, by accident. I actually did an iDJ and talked to the barley: "Oh, shit. Sorry. Whoops!" But it was perfect.
Throw in about 1 teaspoon each of whatever dried herb strikes your fancy. I like sage and thyme for a traditional stuffing flavour. And parsley, because it's green and pretty. It's not necessary, though.
Put that on to a boil and reduce to a low simmer, covered, as soon as it boils. In the meantime:
Sautée in butter 4 minced or pressed cloves of garlic, with half a minced green or red bell pepper (I used a red one every time, and it was perfect) and either the same amount of minced carrot, 1/2 inch chunks of celery, or both (onion people, this is your chance. Just don't tell me about it, ok?). The carrot didn't add much but color and maybe a vitamin or two, really. I didn't use it last time and didn't miss it.
Once the sautéed veggies look and smell like heaven, dump it in the pot with the barley. Leave it on low and stir it now and again just to make sure it's not getting over cooked and dry. When it gets really sticky and there's no water left, it's probably done. You can taste it and make sure. Just try to leave some for the dinner later.
Thanks, self, for being an eejit.
We only, tonight, about an hour ago, realised that American Thanksgiving is THIS week. As in, in a few days. Now, of course this isn't something celebrated or enjoyed in Ireland; but hubby has this…thing…where he likes to try to make me feel at home by celebrating American holidays. Usually it involves me having to cook something hard to purchase here, or wear something starry and stripey. Thankfully those things are also hard to purchase here.
We really should have tried harder to import him to the States rather than export me, perhaps.
In any case, we scroooowed up and there will not be a timely turkey-day for us. Due to lack of turkey. And anything else slightly resembling the makings of a turkey-day meal…
Death of an important kitchen tool
Aww. I went to take the pork roast out of the oven just a moment ago, and half the dish stayed in my hand while the other half stayed in the oven.
At least there was no meat-juice-spillage, because I always double up on the foil. But still, I'm a bit sad. This was a pretty damn good baking dish. Used at least three times a week for at least five years, and damn if I didn't keep it pretty clean. What about all that burned on oook? It's due to HIM not washing it before using it again. Usually to make me breakfast. Ugh, how do you balance bitching with gratitude?
Best thing? I wasn't the last to wash it before it exploded. BOOYAH motherfucker, I won't have to scrape burned grease off of you ever again.
Pizza angst
I have to poke fun at iDJ tonight. He makes low-carb pizza once a week, and every time he does, I hear him chastising himself for being OCD about the placement of toppings. I'd like to be able to say it is all in fun, but he really does make a quick meal take ages because he has to have a bit of every topping in every bite. Poor dear. I tried to tell him that you don't necessarily want every bite to be identical, and I got bitten myself for my ignorance!
So now I get to poke gentle fun at him. No crushed red pepper pain allowed! Here's his finished product.
Beautiful, isn't it? Especially aesthetically pleasing is how every black olive seems to be equidistant from the next. And the pepperoni. And under the cheese, the mushrooms will be as evenly spaced…
Wish he was as attentive to other things! But I guess I should stuff my mouth with this lovely food he worked so hard on, and not bitch about the rest!
(Best pizza in months, by the way! Nom nom nom…)
Spinal flux, Irish BBQ, and the Fourth from a distance
Happy Fourth! I'm sitting outside, gagging on the smell of citronella-torch smoke, wiping rain off my iPad screen, but certainly enjoying the occasional wafts of heavenly scent coming from our Weber grill.
I'm beginning to wonder if I should have imported my husband to America, instead of exporting myself to Ireland. He goes craaazeee for American holidays. We don't have a big US flag, just a tiny one onna stick, but we do have two flag bandannas. One of which is hanging in our front window:
With, of course, Neko the American Akita standing guard under it.
The Fourth wouldn't be complete without a barbecue. We are back on the low-carb diet (not because of the scale, but because our clothes weren't fitting any more – been off the diet since April, whoops) so tonight is a meat-feast. Craft butcher sausages from our local butcher, ribs from him also, and best of all, beer-butt chicken. Here's the scene before cooking:
Chicken is rubbed inside and out with butter, olive oil, lemon, and my mixture of spices from our garden: sage, thyme, garlic, basil and oregano. And, of course, there's a can of beer shoved up it's arse. Or what used to be its arse… Oh and the tuna-can has wood chips in, for smoking. Nom!
We've never made the chicken before. Never had a grill big enough until he came home one day with his much-lusted-after Weber. I can't wait to try it! It takes a while, and hubby made a huge mess during prep. Better be worth it…
So… We both took the day off today, because today happened to be the day I got to talk to someone about the results of my MRI. Finally. Been ages since this journey into WTF is wrong with my back started.
And as it turns out, not very much. I do have one disc that is dried up and cracked and so is squishing out through the crack and bulging a bit. To the right. My nerve issues are nearly all on my left side. Doc couldn't see any reason that the bulge on the right would be pressing on a nerve on the left. So, surgery was 100% ruled out. Nothing to operate on. He did offer what I had been told were 'shots' but actually is an epidural. I agreed, even though I have no idea what they might be pumping into my spinal fluid, and it probably won't help. If it does, then they know a nerve is indeed being squarshed and that's a valuable bit of knowledge, to me. Because if the nerve isn't being pinched at the spine, just what the hell is the issue? Cuz my leg burrrns. Or aches like it is bruised, or itches in a way that can't be scratched.
But I can live with the leg being wonky. I can't live with this backache. I can't do anything! I'm only 40, not too chubby, and like doing things with my hands. When I can't even do the things I have to do, like the damn dishes, without needing to go sit down for a while, what chance do I have for doing fun things like vacuuming the car? And YES, dammit, that is fun, sort of – I love me a clean car, and I'm in the bitch more than anyone else these days.
Oooooh the sun just came out! I can taste it! Seriously, I can open my mouth and feel the sun on my tongue and oh, I need the sunshine. My current music (hubby testing songs for tomorrow's radio show, with a USA theme, surprised?) is The Pogues, The Body of an American – "I'm a free-born man of the USA" first heard by me on The Wire. Apparently it's a wake song; if so – play it for me when I go, please?
Back to the back. Needle in 4-6 weeks, and probably another day off of work. Be interesting to see what result, if any, I get. In the meantime they said my issue appears to be muscular. My lower spine has very little curve to it. Doc said this is because the muscles are supposed to pull tight and make the curve, but mine are weak and haven't been doing the job. I asked about any options to strengthen the muscles that might be provided by the HSE – none. So Pilates on my iPad it is then, I guess. I can't afford classes with someone to show me how to do it right – even though I have never done regulated exercises and I doubt I do them right. Only time I ever tried anything close was the Haidong Kumdo and that is what really, really fucked my back up! Even with an instructor. Imagine what I can do to myself, by myself!
Right, just had a looong pause while taking the chicken off the grill. I love crispy skin – the only fatty thing I eat and like – only if crispy! Had to run in and peel the chook, because if you leave the skin on the bird it goes soggy. I have to say the crispness is a bit lacking, so I scraped off the oooky fatty bits and we'll put the skin back on the grill for a bit, because the ribs and sausages aren't quite done yet. Last photo before I went inside:
Had a little taste of the chicken. WOW. Oh yeah, baby.
Pancake Tuesday… with a twist
Today is Pancake Tuesday! Are YOU having pancakes for dinner? We are!
I'm not sure how many countries actually have a Pancake Tuesday. I'm sure the 'real' Fat Tuesday is similar… but in Ireland, they call it Pancake Tuesday. Without Googling the official reason, here's my version of the reason why, as filtered through what my hubby told me nearly seven years ago:
It's a Catholic thing. Because you were meant to give up yummy things for Lent, you used up all the eggs and flour and sugar the night before Ash Wednesday, so it wasn't in your house to tempt you. What better way to use these ingredients than by making a passel of pancakes?
So, I'm not a Catholic and wasn't raised that way. Hubby isn't a Catholic either, but he was raised that way, and has had a lifetime of traditionally having pancakes for dinner one particular Tuesday a year. (He was just telling me the day is yet another pagan festival day that has been usurped.) Hence, we make pancakes (or, he does, because I don't have the patience) – but we don't do it for any other reason than tradition and it's a bit of fun – and, of course, because they are soooo tasty.
The problem is… we are on a low-to-no carb diet. What to do? Well, there are tons of versions of low-carb 'cakes out there. He's been doing it long enough that now he has his own version. I'm not privy to the details, but I know it involves eggs, vanilla, possibly whey powder, and ricotta cheese. And they are fantastic, especially with my home-grown blueberries from the year before all throughout. You'd never know they were low carb. I'm smelling them cooking now, and they even smell like 'normal' pancakes.
As an American, I can't get into just sprinkling sugar (or Splenda) on top of my pancakes. I might cheat on the diet and use some of my precious Mrs Butterworth's syrup on mine. Just a little, though.


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Case Study: How Braintree Uses Social for a Digital Business
by Anna Washenko on May 16, 2013
Braintree is a digital and mobile-payments company that aims to simplify credit card transactions. With a fleet of high-profile clients, an easy-to-use API, and top-notch customer support, the company has quickly grown from a fledgling startup to a leader in the payments industry. It makes sense for a brand with a digital focus to be a powerhouse on social media, and Braintree excels in crafting a strong presence on both Twitter and Facebook.
The company has branches in New York City, Chicago, San Francisco, and Amsterdam, and it is continuing to expand its services internationally. Despite its widespread operations, social media management for the company is still a team effort.
We chatted with Stephanie Bell and Kristi Lynch, who head the social media work at Braintree, about how the company uses these platforms to deliver great customer support and to be a leader in its industry. They spoke jointly to us in the quotes below.
Creating a Specialized Strategy
"The number-one goal is to continue increasing awareness of Braintree and to become the go-to company for individuals or companies seeking payment advice," according to Bell and Lynch. To that end, Braintree has used different networks to showcase various facets of the brand. "We use Facebook more to demonstrate Braintree's personality and what it's like to work here," they said. "It's a great place to add photo albums of company outings, recent events, and candid office photos."
"On the other hand, Twitter is a better tool for disseminating information and content," they continued. "We mainly use Twitter to promote our product releases, events we're hosting, announce news, and as a thought leadership tool. It has also been a strong customer service tool; our customers often use Twitter to ask questions and offer feedback." Crafting a specific purpose for both of the networks gives focus to both profiles. It also allows Braintree to showcase the wonderful company culture it has created, as well as showcase its payment services.
The company also encourages its employees to be involved in Twitter and Facebook. "Social media at Braintree is a company-wide effort where many people across teams contribute; however, we have a dedicated team of two to respond, post, and monitor," Bell and Lynch said. "For example, our developers commonly deliver the responses on Twitter and our HR department posts frequently on LinkedIn." This approach means that everybody is equally invested in presenting Braintree well to the public, and it strengthens the community across the employees.
On both platforms, Braintree's approach to social media includes building awareness of the brand and its services. "We've found that including links to relevant articles and product descriptions has been effective. Using trending topics on our industry and hashtags have also helped establish Braintree as a leader in the mobile payments space."
Delivering on Customer Support Promises
Customer support is a key element to Braintree's work both on and off social media. In fact, the company proudly advertises the "white-glove support" it supplies for clients in all of its online materials. That means Braintree is vocal in engaging with customers on all channels. Even on Facebook, where Braintree hasn't made support an obvious part of its presence, the brand still fields posts and messages from clients.
The company has been conscious to make sure that any customer service inquiries are a group effort. "Since we have a relatively small social media team, we work together with our engineers and sales teams to craft answers." Despite the extra legwork of getting information from the appropriate teams, Braintree responds to nearly every comment or tweet it receives from every client. It means customers get accurate and thorough replies to their questions, and they know that a query on social media will get an answer.
"Many of the questions our merchants have are extremely technical in nature and require more than 140 characters to answer," they said. "We often direct questions from Twitter to our specific teams, whether our general support email address or directly to the team member who can help." Turning the conversations to email takes away the length limitations on Twitter. Bell and Lynch also keep tabs on Quora and Stackoverflow for answering more involved support questions on these public online forums.
Connecting With Communities
Many of Braintree's leaders are active on Twitter, especially CEO Bill Ready. Ready is active in the startup communities, and is a regular guest writer and speaker for business blogs and events. His Twitter activity regularly promotes Braintree and its recent acquisition, Venmo. Ready's Twitter handle, along with the official Braintree account, make for a strong one-two punch with each of them retweeting and responding to the other.
The company doesn't just focus on developing internal connections on social media. Braintree leverages those networks to stay involved and in touch with the business community and with clients. "We've partnered with incubators like '500startups' in San Francisco and '1871' here in Chicago, where we hold regular office hours, host lunch and learns, and try to make ourselves available to the local startups," Bell and Lynch said. "We're also doing a lot more events across the U.S. and internationally." Since Braintree itself was once a bootstrapped startup, this effort to reconnect with other entrepreneurs is a great example of how to pay it forward in the business world as a brand achieves bigger and bigger successes.
Finally, Bell and Lynch advise that businesses be alert and receptive on these channels. "Pay attention to what people are saying. We have been successful using social media for customer support, thought leadership, news and events, but every business will find different benefits to how it can use social media."
Do you know another great company whose social media strategy we should profile? Let us know in the comments!
[Image credits: Braintree]
Anna Washenko: Anna is a freelance writer in Los Angeles. Her rambling thoughts can be found on Tumblr, while her very concise thoughts can be found on Twitter.

subset: commoncrawl


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Serve up a baked chicken recipe for dinner tonight. Whether your family prefers white meat, dark meat, or a whole bird, our Editors have a baked chicken dinner with your name on it. Try classic Baked Chicken with Mustard-Wine Sauce, Asian-inspired Maple-Soy Chicken Thighs, or Baked Chicken with Dirty Rice for a Cajun-style flair. Brimming with flavor, our oven-baked recipes will help to bring a variety of tender and juicy chicken dishes to your table. As a bonus, they'll make your house smell amazing, too. Serve with a quick-cooking side and enjoy.
Double Plum Baked Chicken
Plum wine and dried plums level the heat of the chile sauce and Chinese mustard in this quick and easy weeknight baked chicken dish. The sweet and salty flavors in this dish balance each other out very well with the sweetness of the dried plums, spice from the raw ginger and heat from the mustard. Serve with Garlic-Studded Brown Rice for a complete dinner and perfect base to soak up the rich and layered sauce. If you can't find plum wine, substitute a sweet white wine, such as riesling, or plum brandy.


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Cranberry-Orange Spread
Total Time
Prep 5 mins
Cook 0 mins
Ingredients Nutrition
- 11 ounces cream cheese, softened
- 1 (12 ounce) container cranberry-orange sauce
- 3⁄4 cup chopped pecans
- Combine cream cheese and cranberry-orange sauce in small bowl; stir until blended.
- Stir in pecans.
- Store in refrigerator.
Most Helpful
YUM! I made this with my homemade sauce and spread on toasted bagels, toasted challah and on sliced poundcake! Sweet with orange but tangy from the berries. Thanks so much for sharing!


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The wood is not expensive, advanced, not to see the severity of the weight, but it depends on stability, corrosion resistance and other comprehensive performance, delicate texture and appearance.
The weight of the floor, by the density of the wood is determined, different species density is not the same, even the same wood species, also because of the growing environment, age, different parts of the difference arising from the density and weight. For example, age longer, heavier components; the same tree, the lower the weight will be heavier than the upper; high-density core material density than sapwood, but also heavier.
For example, teak, teak is expensive is not its weight. Teak growing more than 80 years to become useful, its stability and corrosion resistance is unmatched by other timber, so that the ancient people will use it to ship navigation. Teak flooring production, need to go through 2 years of wind and rain the sun's natural health, will generate a unique golden sheen. Coupled with the growing scarcity of teak this species, so more expensive.
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Check in from 14h / Check out prior to 11h
BON Hotel Riviera On Vaal: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Vereeniging, South Africa.
Featuring an outdoor pool, BON Hotel Riviera On Vaal is located in Vereeniging and provides elegant accommodation. It offers 3-star air-conditioned rooms and a stylish restaurant.
Hotel description
The hotel provides luxury accommodation and is an ideal base for holiday makers or business travellers alike. Guests can enjoy free private parking on site. It also has its very own wellness centre, Zorgvliet Spa.
The luxurious feel of each room at BON Hotel Riviera On Vaal is enhanced by facilities such as mini bars. They provide wireless internet access, tea and coffee making facilities and an in-room safe.
BON Hotel Riviera On Vaal is a stone's throw from Riviera on Vaal Country Club. The surrounding countryside ensures plenty of opportunity for relaxing walks.
Hotel features
Room Service, Restaurant, Air Conditioned, Non-Smoking Rooms, Mini Bar, Coffee / Tea Maker, Hair Dryer
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Users who viewed BON Hotel Riviera On Vaal also viewed these 3 stars Vereeniging hotels:
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text:
Vegan Healthy Hot Mocha Drink
Total Time
Prep 5 mins
Cook 7 mins
A delicious, comforting hot drink! Easy to make larger batches, just use pan instead of mug for mixing up a batch and keep warm on the stove.
Ingredients Nutrition
- 1 cup vanilla-flavored soymilk
- 1 tablespoon instant coffee (or instant grain beverage)
- 2 tablespoons carob powder
- 2 tablespoons warm water
- Heat soy milk on stovetop (or Microwave) to hot but not boiling.
- In coffee mug, add warm water to carob powder and instant grain beverage (or instant coffee) and mix well till dissolved.
- Add the hot soymilk to the mug. Stir well until slightly frothy and enjoy your cozy cup of mocha. Sweeten with honey or a drop of maple syrup if you like!
- So good.
Most Helpful
I used cocoa powder and this was lovely! I like my coffee drinks sweeter so I added about 1 tbsp of maple syrup. Gave it a whirl in the blender which gave lots of nice foam. Thanks!!
Absolutely wonderful! This is EXACTLY my kind of hot drink. 1/2 tbsp of coffee and a generous tbsp of carob was plenty for one cup. Thank you for one I'll repeat!


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Hotels in Narnaul with Banquet FacilitiesExperience and enjoy a range of scrumptious buffet followed by a range of sumptuous desserts at the banquet facility in Narnaul. These gatherings or meetings are usually preceded or succeeded by a small speech in honour of someone or to celebrate an event.
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Hotel Dev Residency
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Ply Gem Windows Expands Rocky Mount, Virginia, Manufacturing Facility
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June 21, 2007
MANUEL VENTURA, APPELLANT,v.UNITED STATES, APPELLEE.
Appeal from the Superior Court of the District of Columbia (No. F4248-03) (Hon. Thomas J. Motley, Trial Judge).
Argued February 22, 2007
Before BLACKBURNE-RIGSBY and THOMPSON, Associate Judges, and KERN, Senior Judge.
This is an appeal from a judgment of conviction the trial court entered after a jury found appellant guilty of assault with intent to commit robbery while armed in violation of D.C. Code §§ 22-401, -4502 (2001) and carrying a dangerous weapon, a knife, outside the home or place of business in violation of D.C. Code § 22-4504 (a) (2001). Appellant seeks reversal of his convictions on the grounds (1) that the trial court erroneously denied his pretrial request for a DNA test of blood stains on the clothing that he was wearing at the time of the alleged robbery and that was later recovered from his apartment as he was being transported by ambulance for treatment of a stab wound; and (2) that the trial court erred by failing to intervene sua sponte when (a) the prosecutor at trial improperly elicited prior consistent statements of the complainant through the testimony of various witnesses, and (b) the prosecutor made inflammatory comments and emphasized to the jury the fear the complainant had suffered as a consequence of appellant's alleged actions.
We are not persuaded upon the particular facts and circumstances of record that the trial court's actions constituted reversible error. We first set forth the general background of the case and then, for each claim of error, discuss the salient facts and our reasoning as to why we reach our conclusion that the judgment of conviction must be affirmed.
I. Background
The record contains the testimony of four prosecution witnesses: (1) the complainant, Mauro Contreras;*fn1 (2) Muhammad Jallow, the security guard who was on duty at the time of the robbery in the apartment building where both the complainant and appellant resided; (3) Officer Joseph Belfiore, the first responding officer from the Metropolitan Police Department ("MPD"); and (4) Officer Eldred Boria, a Spanish-speaking MPD officer, who responded to the scene initially to investigate the robbery and then again, less than an hour later, to investigate a report from appellant's cousin that appellant had been stabbed.
The complainant, Mr. Contreras, testified that on July 17, 2003, shortly after 11:00 p.m., he began walking home from the Columbia Heights Metro Station to the apartment building in which he lived, in the 1400 block of Ogden Street, Northwest, after finishing his shift as a cook at a restaurant in Chinatown. After passing appellant and another man sitting together in a park, the complainant became aware that these men had begun to follow him. The complainant observed that appellant, who is Hispanic, was wearing dark pants and a white t-shirt and carrying a jacket under his arm; appellant's companion, an African American, was wearing black pants and a blue jacket. As the complainant quickened his walk homeward, the men kept pace, and then the complainant began to run as appellant called out in Spanish for him to "stop." The complainant reached the door to his apartment building moments before appellant arrived, while appellant's companion stayed back a little distance as if to serve as a lookout.
The complainant unsuccessfully tried to unlock the building's door with several hasty swipes of his keycard at the door's external card reader. Before the complainant could unlock the door, appellant arrived and stepped between the complainant and the card reader, blocking the complainant's access to the card reader and thus to the building. Appellant ordered the complainant to "give me your money," and the complainant explained that he did not have any money. Appellant then demanded the bracelet and two gold chains that the complainant was wearing, for which the complainant had paid over $1,000, and the complainant noticed that appellant was brandishing a knife in his right hand. The complainant refused to give appellant anything, and appellant struck the complainant twice in the face with his left hand, causing an injury to the complainant's eye. Nevertheless, the complainant again refused to give appellant anything, and appellant tried to stab the complainant with the knife he was wielding. The complainant deflected the attempt, using two hands to push appellant's attacking arm across appellant's body and turning the hand that held the knife towards the left side of appellant's body.
The complainant testified that he did not try to stab appellant, did not notice whether appellant got cut during their struggle, and did not observe any blood on appellant.*fn2 Appellant, however, drew back from the complainant after their struggle, and in this moment of separation, the complainant again swiped his keycard at the card reader and this time gained access to the building. The complainant ran into the building yelling "Security" to summon the on-site security guard, who stepped out of a nearby laundry room. The complainant told the security guard what had happened, pointing out appellant as he fled away from the building. The complainant and security guard then went back into the building, encountered appellant's mother, and told her what had just happened. The police were called, and the complainant gave a statement to the responding officers. About an hour and fifteen minutes later, police officers returned to the complainant's apartment and asked him to look through the blinds on his third-floor apartment window to view a suspect in police custody outside. The complainant positively identified appellant as his assailant. Subsequently at trial, the complainant again identified appellant as his assailant.
The security guard, Muhammad Jallow, testified that he was on duty inside the apartment building about 11:20 p.m. on July 17, 2003, when he heard someone screaming, "Security, security, help me, help me." Mr. Jallow rushed toward the front door and saw the complainant entering the building and pointing at a man about six feet away from him. Mr. Jallow, who had worked in the building since 1999, recognized both men as residents of the building. Mr. Jallow testified that he had been introduced to appellant approximately two months before the assault "as the son of Maria, the resident of [a first floor apartment]," and that he usually saw appellant "up to three or four times a day" as appellant entered or exited the apartment building. Mr. Jallow observed that appellant was wearing a camouflage, military-style jacket.
Mr. Jallow testified that he watched appellant "jog" away from the front of the building as the complainant explained that appellant had just attempted to rob him with a knife.*fn3 Mr. Jallow observed that the side of the complainant's face under the eye was "red and kind of swollen," but saw no other injuries to the complainant. Mr. Jallow called inside to Maria, appellant's mother, whom he had just seen in the laundry room. Appellant's mother came to the lobby and the men told her what had just transpired. Mr. Jallow then called the police. When MPD officers arrived, Mr. Jallow accompanied them to the apartment that he knew to be the residence of appellant and told appellant's cousin, Roxana Flores, that the police were there looking for "Maria's son." Appellant was not home, so the police officers obtained appellant's name and date of birth from Ms. Flores.
Mr. Jallow further testified that approximately an hour later, MPD officers asked him to accompany them back to the apartment of appellant's mother "[b]ecause the police wanted me to have a look at somebody." Mr. Jallow observed appellant lying on his stomach on a bed with paramedics attending to his lower back, but did not see a wound or any blood because the paramedics were holding gauze over the area. Mr. Jallow identified appellant as the man he had seen running away from the building earlier that evening. Mr. Jallow also made an in-court identification of appellant.
Officer Joseph Belfiore, who has only "[a] very minimal understanding" of Spanish, and his partner were the first officers on the scene in response to a radio dispatch for a robbery. Officer Belfiore testified that he recognized a potential language barrier and immediately called for a Spanish-speaking officer to respond; in the meantime, he determined the details of the robbery attempt and got a description of the suspect by communicating with the complainant through a combination of English, Spanish, and pantomime gestures.*fn4 Officer Belfiore observed that the complainant was "agitated" and "perspiring" and that he had "[b]right redness around the higher cheekbone area and around the eye and the beginning stages of bruising." Officer Belfiore did not see any additional injuries that the complainant may have sustained. Officer Belfiore looked for but did not find any blood at the scene of the incident.
Metropolitan Police Officer Eldred Boria, who is fluent in Spanish, arrived on the scene shortly after Officer Belfiore and obtained a more detailed statement from the complainant in Spanish. Officer Boria testified that the complainant's "face was red, and he said his shoulder was hurting." The security guard, Mr. Jallow, took Officer Boria to the apartment in which appellant lived with his mother, and the officer spoke with appellant's cousin, Ms. Flores. However, appellant was not home at the time.
Officer Boria further testified that approximately one hour later, he returned to the apartment building in which the complainant and appellant lived in response to a radio dispatch for a stabbing victim in the same apartment unit that he had visited earlier when he had been looking for appellant. Once inside the unit, Officer Boria observed appellant lying on a bed with a stab wound in his lower left back, and the officer saw that there was wet blood around the wound, on appellant's clothes, and on the sheets. Mr. Jallow had accompanied Officer Boria into this room and identified appellant as the man he previously had seen in front of the building after the complainant cried out for help.
Appellant told Officer Boria that approximately one hour earlier, a Hispanic male had tried to rob him in front of the apartment building and had stabbed him, but that he did not see the man's face. Appellant told the officer that he had been accompanied by an African American male at the time, but appellant did not know that man's name or address. As paramedics and officers were escorting appellant out of the building, Officer Boria asked the complainant to look out his window for a show-up identification, and the complainant made a positive identification of appellant as his assailant. At this time, appellant was placed under arrest.
Officer Boria testified that before appellant was transported by ambulance to the hospital, the officer returned to appellant's apartment unit and asked Ms. Flores to retrieve a change of clothes for appellant; the t-shirt appellant was wearing, for example, "was all torn up." As appellant's cousin looked around for a pair of pants, she picked up a pair with blood stains on them and identified them as the pair appellant had taken off when he came home injured. She offered these pants to Officer Boria, along with a green, camouflage military-style jacket with a bloodstain on its back; Officer Boria did not request these articles of clothing, but he did accept them.*fn5 Police officers also searched the area in front of the building and other areas around the perimeter of the building, but did not locate the knife or any sign of blood.
In the defense case, only one witness was called to testify: appellant's cousin, Roxana Flores, who shared the Ogden Street apartment with appellant and his mother.*fn6 Ms. Flores testified that after appellant returned home on the evening of the incident, she observed that he was bleeding from a wound on his back and had "lots of blood" on his clothing. She recalled appellant telling her that he had been attacked from behind in a robbery attempt by an unknown assailant in a park near their apartment building. Ms. Flores testified that she called 911 and asked for the police and an ambulance because "somebody had been held up" and "he was badly wounded." At the conclusion of Ms. Flores' testimony, the trial court permitted appellant to enter the well of the court and lift his shirt to show the jury the scar from the injury.
II. Appellant's Request for Pretrial DNA Testing
On appeal, appellant first contends that the trial court erred when it denied his pretrial request for a test of the DNA contained in the biological material on his bloody clothing. The issue first was raised sua sponte by the trial court pursuant to its obligation under the Innocence Protection Act ("IPA"), D.C. Code § 22-4131 et seq. (Supp. 2002), to provide certain notifications to a defendant under qualifying circumstances. Specifically, the IPA provides, in a section entitled "Pre-conviction DNA testing," that
(a) Prior to trial for or the entry of a plea to a crime of violence, the defendant shall be informed in open court of physical evidence seized or recovered in the investigation or prosecution of the case which may contain biological material and of the results of any DNA testing that has been performed on such evidence.
(b) A defendant charged with a crime of violence shall be informed in open court:
(1) That he or she may request or waive independent DNA testing prior to trial or the entry of a plea if:
(A) (i) DNA testing has resulted in the inclusion of the defendant as a source of the biological material; or (ii) Under circumstances that are probative of the perpetrator's identity, DNA testing has resulted in the inclusion of the victim as a source of the biological material; and
(B) There is sufficient biological material to conduct another DNA test;
(2) That he or she may request or waive DNA testing of biological material prior to trial or the entry of a plea if the biological material has not been subjected to DNA testing; and
(3) Of the potential evidentiary value of DNA evidence in the defendant's case and the consequences of requesting or waiving DNA testing.
(c) A defendant who makes a knowing, intelligent, and voluntary waiver of DNA testing or independent DNA testing pursuant to subsection (b) of this section prior to trial or the entry of a plea is not eligible for post-conviction DNA testing under § 22-4133 unless the defendant is entitled to have the conviction to which the DNA evidence relates set aside under § 23-110 or Rule 32 of the Superior Court Rules of Criminal Procedure.
D.C. Code § 22-4132 (Supp. 2002).
The trial court held a pretrial hearing and entertained oral argument on the matter - including an ex parte proffer by defense counsel of the defense theory of the relevance of the evidence. During this hearing, defense counsel argued that testing was available under D.C. Code § 22-4132 (b)(1), relying on the statutory language that counsel claimed indicated "that my client may request independent DNA testing prior to trial or the entry of a plea if DNA testing has resulted in the inclusion of the defendant as the source of biological material."
At the conclusion of the hearing, the trial court denied the request for DNA testing because D.C. Code § 22-4132 (b)(1) refers to "circumstances that are probative of the perpetrator's identity" and the judge concluded: "I don't think this goes to the perpetrator in this case." The court continued:
There's no question about identity here, the question is what happened.
And I understand how you may say well, although it doesn't go to identity, it goes to my theory of how this all occurred. You may be entitled to that for some other reason but not under this Act. This Act is narrow. . . . [I]t's Innocence Protection Act. It's focused on a particular thing, on wrong people being accused. It's focused on where someone else, how it all came about. It's not a broad thing of you have a right to DNA testing, another right to defendant.
If it doesn't go to identity, then you may ask for this but not under the statute.*fn7
On the record before us, we conclude that the trial court did not err in denying defense counsel's request for DNA testing under D.C. Code § 22-4132 (b)(1). DNA testing was not done in this case, and thus DNA testing did not "result[] in the inclusion of the defendant . . . or . . . the victim as a source of the biological material." Consequently, D.C. Code § 22-4132 (b)(1) had no applicability to the particular facts of the present case.
However, in this appeal, appellant invokes a different subsection of the IPA, D.C. Code § 22-4132 (b)(2), for his contention that he was entitled to DNA testing.*fn8 Subsection (b)(2) provides that a defendant charged with a crime of violence shall be informed in open court
That he or she may request or waive DNA testing of biological material prior to trial or the entry of a plea if the biological material has not been subjected to DNA testing . . . .
D.C. Code § 22-4132 (b)(2).
Appellant contends that, regardless of relevance, DNA testing was still warranted because a trial court has no discretion under D.C. Code § 22-4132 (b)(2) to deny a "request" for pretrial DNA testing. We disagree, concluding, first, that D.C. Code § 22-4132 (b)(2) does not confer an automatic "right" to pretrial DNA testing upon request, and second, that under the particular facts and circumstances of this case, the trial judge did not abuse his discretion in denying appellant's request for pretrial DNA testing.
We conclude that a trial court has discretion to deny a request for pretrial DNA testing under D.C. Code § 22-4132 (b)(2). As this court has stated:
The primary and general rule of statutory construction is that the intent of the lawmaker is to be found in the language that he has used. Therefore, in determining the meaning of a statute, we must examine first its language to determine if it is plain and admits of no more than one meaning. In examining the statute, we give the words used the meaning ordinarily attributed to them. This court will look beyond the ordinary meaning of the words of a statute only where there are persuasive reasons for doing so. Such circumstances would include:
(1) when the legislative history or alternative constructions reveal ambiguities; (2) the literal meaning would produce absurd results; and (3) when necessary to effectuate the statutory purpose as gleaned from the statute as a whole or its legislative history.
Sullivan v. District of Columbia, 829 A.2d 221, 224 (D.C. 2003) (citations and internal quotations omitted). Our review of the trial court's interpretation of the statute is de novo. Id.
With these familiar principles in mind, we examine the relevant language of the IPA. D.C. Code § 22-4132 (b)(2) provides:
A defendant charged with a crime of violence shall be informed in open court: . . . (2) That he or she may request or waive DNA testing of biological material prior to trial or the entry of a plea if the biological material has not been subjected to DNA testing . . . .
For present purposes, the operative word in § 22-4132 (b) is the verb "request," which in this context we understand to mean "to ask" for something, to do something, or for permission or opportunity to do something. E.g., WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY1929 (Philip Babcock Gove ed., Merriam-Webster 2002) (1961). Trial courts frequently consider "requests" from defendants and must exercise discretion when responding thereto; any motion is, in effect, a formal request for action from the court, the response to which is subject to judicial discretion as appropriate within the parameters of the relevant rule or statute.*fn9 The Legislature's use of non-mandatory language in § 22-4132 (b) is revealing, because "[e]ven when a statute uses mandatory language, such as the word 'shall,' the courts are to construe the statute in the light of reasonableness." Brown v. District of Columbia, 727 A.2d 865, 868 (D.C. 1999) (citing Standard Oil Co. v. United States, 221 U.S. 1, 69-70 (1911), and United States v. Am. Tobacco Co., 221 U.S. 106, 179-80 (1911)).
We note that if no judicial discretion were contemplated in a trial court's response to a party's "request," many of the applicable procedural rules would contain superfluous language. See, e.g., Super. Ct. Crim. R. 4 (a) & (d)(3)-(4) (directing what action "shall" be taken with regard to warrants upon request of the prosecutor or defendant); Rule 9 (a) & (c)(2) (same); Rule 6 (e)(3)(C)(ii) & (iv) (discussing the circumstances under which the trial court "may" disclose matters otherwise prohibited upon request of the defendant or of an attorney for the government); Rule 11 (e)(1)(B) (noting that a defendant's "request" for a particular sentence or sentencing range is not binding on the trial court, even if recommended or unopposed by the prosecutor); Rule 15 (b) (providing that a defendant not in custody "shall have the right to be present" at a deposition "upon request subject to such terms as may be fixed by the Court"); Rule 16 (providing what "must" or "shall" be furnished, disclosed or permitted during discovery upon request); Rule 30 (providing that a party "shall" be given the opportunity to object to instructions out of the presence of the jury upon request); Rule 31 (d) (providing that the trial court "shall" individually poll the jurors upon a party's request); Rule 45 (b) (providing that the court in its discretion "may" order the enlargement of a specified time period upon timely request).
We note further that within D.C. Code § 22-4133 (Supp. 2002), the section on post-conviction DNA testing enacted alongside § 22-4132, the D.C. Council included standards to constrain the court's traditional discretion in responding to a request.*fn10 In light of the absence of such a limiting mechanism in § 22-4132 (b)(2), and the unambiguous language of "request" rather than "right," we find nothing within § 22-4132 (b)(2) that constrains a trial court's traditional discretion when responding to a request for pretrial DNA testing.*fn11
Finally, we note that the court's traditional discretion includes the power and responsibility to weigh the relevance, or probative value, of all evidence against the danger of unfair prejudice. See, e.g., Hartridge v. United States, 896 A.2d 198, 216 (D.C. 2006), cert. denied, 127 S.Ct. 1503 (2007). "Relevant evidence is simply that which tends to make the existence or nonexistence of a contested fact more or less probable than it would be without the evidence." Id. (citations, internal quotes, and alterations omitted). Without losing sight of the IPA's goal, broadly read, of encouraging the use of DNA testing in appropriate cases, see Bouknight, supra note 11, 867 A.2d at 251-52, we conclude that a trial court has discretion to deny a request for pretrial DNA testing under D.C. Code § 22-4132 (b) when the results of such testing would not be admissible at trial, as when, for example, the results of that testing could have no potential relevance to the issues before the court.
Turning now to the particular facts and circumstances of the present case, and viewing the facts and arguments as they were available to the trial judge at the time of his ruling, we cannot conclude that the judge abused his discretion by denying appellant's request for DNA testing because no potential relevance was established for the results of that testing. As the government indicated at the pretrial hearing, the prosecution case relied upon appellant's clothing only for identification purposes because it demonstrated to the jury that such clothing matched the physical description of the clothing worn by the complainant's assailant. The presence of biological material, viz., the blood, simply was not relevant.*fn12
We note that the trial judge required defense counsel to articulate a defense theory for the relevance of the result of DNA testing, eventually resorting to an ex parte bench conference to preserve the integrity of defense counsel's trial strategy. Defense counsel advanced two theories for the relevance of the results of DNA testing: (1) if the test results showed only the presence of the appellant's DNA, then those results could serve as evidence that appellant did not have a subsequent bloody encounter with a third person following the attempted robbery of the complainant; and (2) if the test results showed also the presence of the complainant's DNA, then those results could serve to impeach the complainant's account that he was not cut during the encounter. We are not persuaded that either theory demonstrates sufficient relevance so as to support a conclusion that the trial judge abused his discretion in denying appellant's request for testing of the blood on his clothes.*fn13
We conclude that the absence of a third person's DNA on the clothes fails to support appellant's contention that he was not involved in a violent encounter with a third person, and, more importantly, evidence showing that appellant had a subsequent encounter with another person is not relevant to appellant's guilt or innocence with regard to the offense with which he was charged. Furthermore, because under this theory of relevance, appellant is searching only for the presence vel non of the blood of a third person to disprove the occurrence of a separate encounter, rather than the presence of the blood of the perpetrator or victim of the present offense, we conclude that this theory does not even provide appellant an avenue under the IPA to request DNA testing of the blood, much less provide a right to such testing. See D.C. Code § 22-4131 (2) (limiting the definition of "biological material" to that "which apparently derived from the perpetrator of a crime or, under circumstances that may be probative of the perpetrator's identity, apparently derived from the victim of a crime"). Thus, the trial court did not abuse its discretion by denying appellant's request for the DNA testing of the blood pursuant to appellant's first theory of relevance.
As to appellant's second theory of relevance, viz., the possibility that the bloodstains on appellant's clothing consisted, at least in part, of the complainant's blood, we note that defense counsel could proffer no evidence that the complainant ever bled during the encounter. Thus, the security guard and the police officers who all saw the complainant's condition immediately after the attempted robbery testified that the only injuries they observed were contusions on the complainant's face. (Indeed, it was to appellant's benefit that there were no bleeding knife wounds that only would have served to bolster the complainant's story that he was the one assaulted.) We note further that at the pretrial phase of the case, when the trial judge ruled upon appellant's request for DNA testing, the possible impeachment value of the DNA test results was wholly speculative.
In sum, we are satisfied that the results of DNA testing properly could have been excluded at trial because they were not relevant. Thus, under the circumstances, we conclude that the trial court did not abuse its discretion in denying the pretrial request for DNA testing.
III. Admission of Prior Consistent Statements
Appellant next contends that the trial court erred by failing to intervene sua sponte when the prosecutor elicited prior consistent statements of the complainant through the testimony of the complainant, the security guard, and the investigating police officers. Defense counsel did not object to the admission of these statements, and thus we review the present challenge for plain error. See Irick v. United States, 565 A.2d 26, 32 (D.C. 1989).*fn14
"In general, prior statements consistent with a witness' trial testimony are inadmissible on the theory that mere repetition does not imply veracity, and that once an inconsistency in statement is shown, evidence of additional consistent statements does not remove the inconsistencies." Daye v. United States, 733 A.2d 321, 325 (D.C. 1999) (quoting Warren v. United States, 436 A.2d 821, 826 (D.C. 1981)) (internal quotation omitted). Thus, "[t]he exclusion of prior consistent statements is intended to avoid the prejudice of unfairly bolstering the witness' credibility." Porter v. United States, 826 A.2d. 398, 410 (D.C. 2003) (citing Daye, 733 A.2d at 327). Exceptions exist, and prior consistent statements may be admissible, for example, where statements are used in rebuttal to overcome a charge of recent fabrication, if the statements were made before the motive to fabricate arose, see Daye, 733 A.2d at 325, or where the statements are ones of prior identification, see Porter, 826 A.2d at 410.
Where prior consistent statements have been improperly admitted, we have repeatedly recognized that "the harm that may occur even if the jury should credit [the] prior consistent statements is less serious than the inadmissible introduction of clearly prejudicial evidence." Daye, supra, 733 A.2d at 327 (citations, internal quotation, and alteration omitted); see also Porter, supra, 826 A.2d at 410. "[S]ince the reason for their general inadmissibility is that 'mere repetition does not imply veracity,' it is not unreasonable to assume in practice that juries can be made to see this point and - aided by counsel's argument - tend to discount the weight of statements wrongly introduced." See Daye, 733 A.2d at 327 (footnote omitted). "And only in a case where the government's proof of guilt was 'marginal' have we thought the prejudice from this impermissible bolstering enough to warrant reversal without more." Id.; accord Porter, 826 A.2d at 410. We are unable to conclude that, upon the record before the court, this case presents a case of "marginal" proof of guilt.
Preliminarily, we assume here that the prior consistent statements were improperly admitted because they were admitted on direct examination rather than rebuttal and no foundation was laid to show that they had been made before the motive to fabricate arose*fn15 or that they otherwise were admissible under a separate hearsay exception. However, under the circumstances, appellant has failed to satisfy the plain error standard.
First, we agree with the government's argument that defense counsel at least partially invited the error when counsel indicated that the defense would not object to testimony containing prior outof-court statements of the complainant so long as those statements were made directly to the testifying police witness rather than through an interpreter.*fn16 See McClain v. United States, 871 A.2d 1185, 1192 (D.C. 2005) ("Courts are especially reluctant to reverse for plain error when it is 'invited.'") (citations omitted). Second, we perceive no prejudice from the prosecutor's eliciting of prior consistent statements because defense counsel also elicited prior consistent statements from the same witnesses.*fn17 Next, we view the defense counsel's lack of objection and his own eliciting of prior consistent statements as a strategic decision, especially in light of defense closing arguments that emphasized that the statements in fact were not consistent and thus were not credible;*fn18 consequently, any sua sponte intervention by the trial judge might have impeded the effectiveness of counsel and intruded on the attorney/client relationship.
Finally, the evidence of appellant's guilt was not "marginal." See Daye, supra, 733 A.2d at 327. Apart from the prior consistent statements repeated by the witnesses, the prosecution's case rested on the eyewitness testimony of the complainant, the identification testimony from the security guard who came on the scene in response to cries for "help," and reasonable inferences that could be drawn from the facts and the timing of events, as against appellant's unsubstantiated and self-serving report, via his cousin's testimony, that he was the one assaulted and robbed; it is axiomatic that determinations of credibility and the weighing of evidence are within the province of the fact-finder. E.g., Jackson v. United States, 819 A.2d 963, 967 (D.C. 2003). Accordingly, we are satisfied that under the circumstances, the trial court's failure to intervene sua sponte did not result in a miscarriage of justice. See McGrier, supra note 14, 597 A.2d at 41.
IV. Improper Prosecutorial Argument
Finally, appellant contends that the trial court erred in failing to intervene sua sponte when the prosecutor in closing argument and elsewhere (1) made allegedly inflammatory comments about the complainant not wanting to be a victim and (2) emphasized to the jury the fear the complainant had suffered as a consequence of appellant's actions. When reviewing a claim of improper comments by the prosecutor, this court has stated:
First, we must determine whether any or all of the of the challenged comments by the prosecutor were improper. If we conclude that they were, we must then, viewing the remarks in context, consider the gravity of the impropriety, its relationship to the issue of guilt, the effect of any corrective action by the trial judge, and the strength of the government's case.
McGrier, supra note 14, 597 A.2d at 41 (citations, internal quotations, and alterations omitted). Although preserved error is reviewed for "substantial prejudice," when the defendant has failed to object to the prosecutor's supposedly improper remarks, as in this case, the defendant must demonstrate plain error. Id.
We perceive no error with regard to the first set of challenged comments, in which appellant contends that the prosecutor improperly appealed to the prejudices of the jury by discussing how the complainant did not want to be a victim and how the complainant had worked for the money to purchase his expensive jewelry. Rather than inviting the jury to make a statement with its verdict about the evil of the charged crime, as appellant contends, the government appears to have been merely responding to the defense theme during the trial, later reiterated in the defense closing argument, that the complainant's story was not credible because he risked injury to protect his property.*fn19
The second set of challenged comments, viz., those discussing the fear the complainant experienced at the time of the assault, constitutes a more serious contention. "This court has repeatedly held that it is improper for the prosecutor to employ inflammatory tactics and devices intended to appeal to the passions and fears of the jurors or to seek a verdict reflecting sympathy for the victim." Powell v. United States, 485 A.2d 596, 599 (D.C. 1984) (citing Hawthorne v. United States, 476 A.2d 164, 170-72 (D.C. 1984)), cert. denied, 474 U.S. 981 (1985).
Appellant, however, still has failed to satisfy the plain error standard. First, rather than being unduly prejudicial, the complainant's fear at the time of the crime had particular relevance in this case: both to explain why the complainant ran home and then struggled with his assailant and also to prove an element of robbery for the offense of assault with intent to rob while armed. See Dublin v. United States, 388 A.2d 461, 464 n.4 (D.C. 1978). Second, rather than objecting, defense counsel instead made a strategic decision to respond to the prosecutor's comments about fear in the defense closing argument.*fn20 Third, the trial court instructed the jury that "[t]he statements and arguments of the lawyers are not evidence," and a jury is presumed to follow instructions. See Plater v. United States, 745 A.2d 953, 959 (D.C. 2000); see also Mills v. United States, 599 A.2d 775, 786 (D.C. 1991) ("[A]rguments of counsel generally carry less weight with a jury than do instructions from the court.") (quoting Boyde v. California, 494 U.S. 370, 384 (1990)). Finally, as discussed above, the evidence of appellant's guilt was substantial. See Clarke v. United States, 256 A.2d 782, 787 (D.C. 1969) ("Where . . . the evidence of guilt is otherwise strong, courts are reluctant to reverse a conviction because of indiscriminate remarks during closing argument."). Even if the prosecutor's comments might have marginally exceeded the bounds of permissibility, we are satisfied that the judge's failure to interrupt closing arguments to intervene sua sponte did not substantially sway the judgment, much less result in a miscarriage of justice. See McGrier, supra note 14, 597 A.2d at 41.
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Forum - View topicDubbing has started for Monster.
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Posts: 2306
Location: Puerto Rico (but living in Texas)
According to Tara Platt's website, she has a few roles in Monster. So therefore it's safe to assume that dubbing has already started and that it's being done in L.A. This is great because even though I haven't read that much of the manga, I'm still a big fan of Monster and this means that Crispin Freeman might get to play Dr. Tenma.
Oh, and I'd like to add that I learned this from here.
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Tony K.
Posts: 9853
Location: Frisco, TX
An L.A. studios dub, huh? I'm a little disappointed that Ocean-Vancouver isn't doing this, as they've always been great at dialogue-heavy titles. However, if they have anybody on the ADR staff that was even remotely involved in either Ergo Proxy, GitS: SAC, or Hellsing Ultimate, I will have very little to complain about when all is said and done.
But Freeman as Tenma? Mm.. don't know about that one. His voice is a bit heavy for the type of character Tenma is. Like Mamiko Noto, Hidenobu Kiuchi is another seiyuu with a distinct softness in his voice, which I feel will always be difficult to really nail in a dub. For now, though, I would probably go with Joshua Seth for Johan. His voice sounds youthful enough, but with the potential to get creepy and/or crazy (sort of like his Dio in Last Exile).
In any case, I'm looking forward to Monster on DVD in any language at this point. Hopefully Viz will release the series in boxes (probably around 6 boxes at 12 episodes per box, give or take an extra episode to even things out).
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Posts: 808
Man. I stopped watching this series with only 14 episodes left. Not sure why. An English version will be cool and I look forward to seeing how it is.
I'm predicting a lot of complaints about accents when this dub comes out.
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ANN Assistant Editor
Posts: 3290
Location: SoCal
Yeeeeah, I think Crispin Freeman is the shiz, but Tenma might be stretching it because he's not young enough for Freeman's gentler Hideki/Kyon kind of roles, but not a gruff character like most of his older-played gentlemen. It might be a stretch, but he's a good actor, so whatev, maybe he can pull it off.
I hadn't ever thought of Joshua Seth as Johan, but...ooh. That's a good one. You mentioned Dio in Last Exile, and I'd add to that Young Knives and even some of his Digimon stuff where he switches quite quickly from mischievously endearing to downright psycho, which is a good profile of Johan, if you can profile a character that eerie.
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Posts: 4347
Uhhh, I heard in the AnimeOnDVD English Track subforum that Joshua Seth retired from voice acting. The last thing I heard him was in Xenosaga Episode III as chaos, but after that that's it.
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ANN Assistant Editor
Posts: 3290
Location: SoCal
Well, crap. He was a lot of fun. Of course, it's hard to speculate on any voices at the moment, as Monster probably won't be announced, much less released, for quite a little while.
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Tony K.
Posts: 9853
Location: Frisco, TX
Oh, didn't know Seth retired... He did some pretty good work, and it's a shame he won't be in this production. To tell you the truth, I haven't really kept up with much of anything in the anime world for about 10 months. The last anime I remember watching were Hajime no Ippo in December and Code Geass around May. I've probably read more manga than watched anime all this time, to tell you the truth.
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zanarkand princess
Posts: 1484
maybe monster is gonna be officially announced at the Ny anime festival because AX is over and I haven't heard about anybody announcing anything at the anime festival yet.
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Ktimene's Lover
Posts: 2242
Location: Glendale, AZ (Proudly living in the desert)
I am a member of the Crispin Freeman Yahoo Group. This response to a question I asked weeks back will explain why Joshua doesn't do anime anymore (I asked Crispin what was it like working on Digimon):
> Working on Digimon was great. Unfortunately, I never work with the
> actors when dubbing a show so I didn't get to work with Josh Seth or
> Marshall directly. I've directed Mona when I worked on Scrapped
> although it was a background part.
> Josh got out of anime voice acting because he couldn't make enough
money to
> make it worth his while. His hypnosis gigs pay a lot more money.
> I'm glad you like my portrayal of Thomas. That was pretty much
> For Kare Kano, I also did not work directly with the actors. I was only
> doing the scripts and I was also preparing to leave New York so I
had almost
> no contact with people at the studio. I enjoyed working on adapting the
> story because the story itself meant a lot to me, but I didn't really
> interact with anyone else.
> It is nice to see my NY friends in LA though. I see Liam [O'Brien is most famous for Gaara on Naruto. He is also currently Code Geass' Lloyd] often and
I do see
> Megan Hollingshead {Shizune on Naruto, Villetta on Code Geass, Rangiku on Bleach.(Pokemon's Nurse Joy and Yugioh's
> > Mai Valentine up to the end up of the Battle City because she moved to L.A.) from time to time. It's great to see them here.
Now if
> I could only get Lisa Ortiz [most noted for Lodoss War's Deedlit and the voice of Lina Inverse in the New York dubbing of Slayers] to move...
> Hope that answers your questions.
> --
> Crispin Freeman
> Voice Actor/Director
> crispinfreeman@...
> http://www.crispinfreeman.com
> > From: I cut my e-mail out of this part for obvious reasons.
> > Reply-To: <crispin_freeman_fansite>
> > Date: Sun, 29 Jun 2008 15:00:41 -0000
> > To: <crispin_freeman_fansite>
> > Subject: [crispin_freeman_fansite] Kare KANO AND DIGIMON
> >
> > Crispin, what was like to on Digimon? You worked with some of the
> > original actors on Wolf's Rain: Joshua "Hige" Seth was Tai on Digimon
> > and Toboe was done by Izzy's voice actress, Mona Marshall. Sad though
> > as Joshua is now doing his hypnosis and comedy tours much of the year,
> > he's retired from anime roles. I love how you do Thomas' personality
> > that he tries to figure it all out in Zelgadis' voice. Since Zel is
> > one of those characters that is more like your natural voice, I love
> > hearing Zel's voice.
> >
> > I also have a question about Kare Kano: This was essentially your last
> > major New York project, what was it like to work with some of your NY
> > buddies one last time? However, with Bleach and Code Geass, some of
> > your NY buddies work since they are now in LA. Namely, Liam O'Brien
> > who was Asaba and Megan Hollingshead
> >
> > THANKS! Two days until Slayers Revolution starts.
> >
> >
> > ------------------------------------
> >
> > Yahoo! Groups Links
> >
> >
> >
> >
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Posts: 2306
Location: Puerto Rico (but living in Texas)
Dang, I like Joshua Seth.
Viz has already stated that they're looking for a TV deal and that the DVD release should be sometime in 2009. This was said at AX.
Does the Japanese version have accents? If so, then it's a valid complaint. Though I don't think there are many VAs in North America that have German accents.
Yeah, you were gone for quite a while, too. Good to see back.
All you really need to know about the anime world from these last few months is this: FUNimation owns all.
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Posts: 5344
Location: Philly
While it's a little difficult to tell since I'm not sure what Japanese with a German accent would sound like, I'm pretty sure they didn't try for accents.
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Posts: 113
Monster getting dubbed?! Release 2009?!?!?
When did this happen! You totally made my day!
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Posts: 454
I am also a member of freemans board, lol. Thats how i found out that Joshua Seth retired, such a shame. In any case, I wouldn't wanna hear Freeman in Monster, not cause I think he's bad, its just that he's overused right now. It would have been good to hear Tara Platt get a larger part, but at least she's in it somewhat.
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Posts: 346
Location: San Diego ♥ ☼ ▓
I would have liked Liam O'Brien to play Tenma only because he sounds the most like Hidenobu Kiuchi who played Tenma in the Japanese cast, but Crispin Freeman is still a good choice. He may be overused in a lot of dubs and does not have much range to his voice but he has proven himself to be one of the best in the business.
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Posts: 1604
Location: Colorado
Oh, that's excellent! I haven't seen any of Monster yet, but I've been wanting to check it out after hearing so many people rave over it, and a lot of people saying fans of Death Note will like it. I'll have to check it out, for sure. ^^
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