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New Jersey Superior Court, Law Division
Decided: August 9, 1957.
FRANK P. TOWNSEND, ET ALS., PLAINTIFFS,v.TOWNSHIP OF PEQUANNOCK, ET ALS., DEFENDANTS
Civil action in lieu of prerogative writ.
Hall, J.s.c. (orally).
[47 NJSuper Page 296]
This is a taxpayer's suit in lieu of prerogative writ to set aside as invalid certain portions of an ordinance called "The Administrative Code" adopted by the council of the township on February 5, 1957. There is no factual dispute. The case presents only questions of law arising on the face of the ordinance. It comes before the court on the pleadings, the pretrial order, the ordinance itself, briefs and oral argument.
The electorate of Pequannock Township duly adopted Council Manager Plan "E" of the Optional Municipal Charter Law, which form of government went into effect January 1, 1957. The ordinance in question is the comprehensive local legislative act providing for the administration and organization of the government of the township under this new form of government. The Optional Municipal Charter Law, commonly
[47 NJSuper Page 297]
known as the Faulkner Act, was enacted as L. 1950, c. 210; N.J.S.A. 40:69 A -1 et seq. Council Manager Plan "E" provided for by Article 12 A of the statute, N.J.S.A. 40:69 A -114.1 to 114.5, inclusive, was added to the original law in 1953, L. 1953, c. 254. The article states that a municipality adopting it shall be governed by its provisions, together with those of Article 2 which is a general article entitled "Incorporation and Powers" Article 17 containing provisions applicable to all plans, and sections 86 through 98 of Article 9 dealing with the council and the manager, applicable by reference to all council-manager plans.
Note should at once be taken of certain pertinent general provisions of the law. N.J.S.A. 40:69 A -26 provides that upon adoption of any optional plan, the municipality shall be governed by the plan adopted, the provisions of the act common to all plans, and to all applicable provisions of general law. General law is defined by section 28 as "any law or provision of law, not inconsistent with this act, heretofore or hereafter enacted which is by its terms applicable or available to all municipalities," plus some additional laws not presently pertinent.
The general powers conferred on all municipalities adopting any optional form of government, set forth in section 29, are important. For our purposes it is noted that thereby every such municipality shall "have full power to: (a) organize and regulate its internal affairs and to establish, alter, and abolish offices, positions, and employments and to define the functions, powers and duties thereof, and fix their terms, tenure and compensation. * * *"
Section 30 declares that this general grant of power is intended to confer the greatest possible power of local self-government consistent with the Constitution of this State, and that all grants of municipal power to such municipality, whether specific or general, shall be literally construed in favor of the municipality.
The philosophy and object of all the council-manager plans must be kept clearly in mind. In such a form of
[47 NJSuper Page 298]
government, under the act all powers of the municipality and the determination of all matters of policy are vested in the council, except as otherwise provided by the act or general law. See section 68.
Section 91 admonishes that it is the intention that the council shall act in all matters as a body and shall deal with the administrative service solely through the manager. The latter is by section 95 designated as the chief executive and administrative official of the township, responsible to the council for carrying out all policies established by it and for the proper administration of all affairs of the municipality within the jurisdiction of the municipality. The section grants to him numerous comprehensive powers through which to carry out such responsibilities, including appointment of all department heads, officers, subordinates and assistants, except when otherwise provided for in the act. These powers pertinent to the case at bar will hereafter separately be referred to.
New Jersey before 1950 had statutory provision for a municipal manager form of government, R.S. 40:79-1 et seq. The statutory provisions there relating to the respective powers and duties of the council and the manager are set forth in substantially similar language to that found in the Faulkner Act, especially sections 88 through 98 of the latter. Comparison aids interpretation. The language differences in the Faulkner Act provisions evince a legislative intent to give broader power to the manager as against the council than was given by the original Municipal Manager Act. The basic theory of any manager form of government is that there should be a distinct separation of policy determination, which resides in the council, and administration, which resides in the manager. See the final report of the New Jersey Commission on Local Government appointed pursuant to Laws of 1948, Joint Resolution No. 1, dated February 1949, at pages 24 and 66, and the second report of the same commission dated February 1950, page 7.
This fundamental philosophy must be kept continuously in the forefront in considering the questions raised in this
[47 NJSuper Page 299]
case and in interpreting the pertinent statutory sections and passing on the provisions of the ordinance which are attacked. With this background and statement of general principles, I proceed to consider the various ordinance sections challenged by the plaintiffs.
They first attack as invalid paragraph K of section 5 of the ordinance. Section 5 is entitled "The Council," and paragraph K is captioned "Contracts." It reads:
"Upon contracts let by open competitive bidding the council shall, upon recommendation of the township manager, with respect to all contracts other than public works contracts, and upon recommendation of the manager and the township engineer with respect to public works contracts, let the contract in the manner prescribed by law."
The objection is that it is violative of subsection (d) of N.J.S.A. 40:69 A -95, which provides:
"The municipal manager shall: * * * negotiate contracts for the municipality subject to the approval of the municipal council, make recommendations concerning the nature and location of municipal improvements, and execute municipal improvements as determined by the municipal council."
It is assumed that the phrase in the ordinance "public works contracts" refers to contracts for public improvements, as distinct from contracts for purchases. The plaintiffs say the ordinance puts the situation in the reverse of that called for by the statute, that is, that under the statute the manager is the one who fixes the terms and conditions of all contracts, subject to approval of the council, whereas under the ordinance it might well be said that the council does this and the manager can only recommend. I think this is largely a question of expression and a distinction without a difference, as far as the phrase "recommendation of the manager" is concerned. Although the language in the ordinance is different from that in the statute, I feel that the expressions mean the same thing and the ordinance language can stand as valid but can only be interpreted and applied to concrete actions in the manner expressed by the statute.
[47 NJSuper Page 300]
The legal situation differs with respect to the requirement of the recommendation of the township engineer in the case of public works contracts. Now, the word "recommend" has a dictionary definition, "to commend or bring forward explicitly as meriting consideration, acceptance or adoption, to make a commendatory statement concerning." This necessarily implies a favorable or favoring report and precludes an unfavorable or opposing report. The word "recommendation" has been so interpreted when used in other parts of our municipal law, for example, N.J.S.A. 40:55-39(d) relating to zoning variances, where the statute says that a variance shall be granted when the board of adjustment recommends it and the governing body approves the recommendation. It is well established that a governing body cannot grant a variance unless the board of adjustment makes an affirmative, favorable recommendation. So here, I think the phrase to the effect that the council shall, upon the recommendation of the township engineer as well as the manager with respect to public works contracts, let the contract, would have to be interpreted to mean that the manager could not negotiate the contract nor could the council award it unless the engineer affirmatively approved. This is in violation of the intent of the statute, and the provision requiring the recommendation of the township engineer as a condition precedent to the awarding of public works contracts is declared invalid. This is not to say that it would not be most feasible for policy and administration for the manager, in his administrative capacity, to require a report from the engineer on the proposed public works contracts, and to submit that report with the manager's comments thereon to the council when he submits the proposed contract for approval.
The other objections of the plaintiffs relate to ordinance provisions concerning appointment of municipal officials. As I have stated, the statute in specifying the powers of the manager in section 95(c) says:
"The municipal manager shall: * * * appoint and remove a deputy manager if one be authorized by the council, all department
[47 NJSuper Page 301]
heads and all other officers, subordinates, and assistants for whose selection or removal no other method is provided in this article, except that he may authorize the head of a department to appoint and remove subordinates in such department, supervise and control his appointees, and report all appointments and removals at the next meeting thereafter of the municipal council."
The only statutory provision concerning any power of appointment in the council is found in section 89, which says that the municipal council shall appoint a municipal manager and municipal clerk. Both of such offices may be held by the same person. Also, the council may provide for the manner of appointment of a municipal attorney, any planning board, zoning board of adjustment, or personnel board in the municipality, and may create commissions and other bodies with advisory powers.
The meaning of the last sentence, that the council may provide the "manner of appointment" of the attorney and certain boards and commissions is not clear. It does not have to be decided in this case. The important thing is that the general power of appointment is given the manager with exceptions reposed in the council, either directly or by being able to prescribe the manner of appointment. This carries out the basic theory of the manager form of government, since the officers and boards specified in section 89, that relating to manner of appointment by the council, are not in the administrative field except as to the manager himself and the clerk. The manager is the chief executive and administrative officer of the municipality, and the statutory sections concerning appointments must be construed in that light. That this was the intention of the law is also apparent in the statements in the report of the Commission on Municipal Government previously cited. See the final report, page 66, and the second report, page 8.
Moreover, in the original Municipal Manager Act, particularly R.S. 40:81-11 and 40:82-4(b), we find substantially analogous provisions, and our courts have held under them that an appointment of a fireman by the council was illegal. The power of appointment was vested in the manager.
[47 NJSuper Page 302]
Ware v. Board of Com'rs of City of Cape May , 120 N.J.L. 48 (Sup. Ct. 1938), affirmed 121 N.J.L. 545 (E. & A. 1939). Justice Heher's decision for the Supreme Court in that case said, 120 N.J.L. at page 51:
"Councilmanic interference with the exclusive functions of the city manager is violative of the very essence of this statutory system of government. The basic policy is expressed in terms that admit of no doubt as to the legislative purpose. All municipal servants shall be selected 'with reference to their qualifications and fitness for the public service required of them, and without reference to their political faith or affiliations.' Section 901, article 9, R.S. 1937, 40:83-1. * * * The Legislature has, with certain exceptions, intrusted the administration of this policy to the manager. That is one of the outstanding features of this modern scheme of local government. See, also, Section 708, article 7, R.S. 1937, 40:81-16."
The Court of Errors and Appeals in its affirming opinion said:
"It is urged that section 805, (R.S. 40:82-4(j)) provides that the municipal manager shall in all matters act under the direction and supervision and subject to the approval of the municipal council, and that this confers upon the council a supervisory control over appointment, although it is expressly conceded that no other method of appointment is authorized by the act than by the manager, under section 804(b). But we agree with the Supreme Court that this general language of section 805 should not be read as affecting the specific power of appointment contained in section 804(b) and that independent appointment by the manager is the essence of the legislative scheme."
The principles so stated are apposite to the instant case in view of the substantially similar sections in the Faulkner Act. In this connection the plaintiff attacks paragraph O, entitled "Appointments," section 8 of the ordinance which is captioned "Township Manager and General Administrative Regulations." That paragraph reads:
"All appointments made by the manager shall be subject to confirmation by the council. However, an office or position shall not be left vacant by virtue of the manager's failure to appoint or the council's failure to confirm. If such failure continues for forty
[47 NJSuper Page 303]
days after the date that the office or position first became vacant, then the council shall have the right to fill said office or position by majority vote of the entire council membership."
I have not the slightest doubt that paragraph O is illegal as an invasion of the manager's power of appointment given him under the statute and the ordinance. In view of the explicit statutory provisions that cannot be saved by the general expression of powers granted to the municipality by N.J.S.A. 40:69 A -29(a), the paragraph is declared invalid.
By this ordinance, by various provisions of sections 8 through 19, the appointment of certain named officials not specified in section 89 of the statute is placed in the council rather than in the manager. The plaintiffs attack only sections 12 and 18, placing the appointments of the township engineer and the dog warden, respectively, in the council. The defendant admits that section 18 is invalid in this respect but seeks to justify such a manner of appointment of the engineer by reason of the nature of the office, that is, that he is a professional consultant to the municipality not on a full-time salary basis, presumably similar to the attorney whose appointment is given to the council. But the two sections, 89 and 95(c), read together, are clear and any change is strictly in the legislative and not the judicial field. The sections are invalid insofar as they place the appointive power to these officers in the council. That power by law resides in the manager and the ordinance cannot alter it.
The plaintiffs also object to paragraph F of section 8 of the ordinance on the same general grounds. That paragraph reads:
"Prior to exercising its charter power to appoint any other municipal official or employee, the council shall request the township manager to study the question and report its recommendation. Such recommendation shall be a confidential work paper for the use of the council exclusively and shall not be a matter of public record."
I see no valid objection to this paragraph but it can, of course, only apply to those officers where the council has
[47 NJSuper Page 304]
the power of appointment under N.J.S.A. 40:69 A -89. Practically speaking, it may well have little effect or application in view of my striking down paragraph O of the same section.
Finally the defendants attack the provisions of sections 12 and 18 relative to the offices of township engineer and dog warden apart from the question of the power of appointment which I have just passed upon. I should interpolate that in this discussion I am assuming that the office of dog warden is effectively created by some other ordinance of the township, since it is not found in the statute. The sections each provide that these officials shall be appointed for a term of two years. Now, the plaintiffs first say as to the engineer that assuming any prescription of the term is valid, it would have to be for three years because R.S. 40:145-12 and 13, sections of the township law, so provide. This is not so because the township law is not a general law as defined in section 40:69 A -28 of the Faulkner Act, and no general law is cited to me. But the plaintiffs more fundamentally say that no term can be prescribed by ordinance for these offices because such conflicts with the power given the manager by section 95(b) to remove his appointee, a fixed term preventing removal during the period of it.
The defendant seeks to sustain the provision as to term under section 29(a) of the Faulkner Act previously quoted, which grants the municipality full power to establish, alter and abolish offices, positions and employments, and to define the functions, powers and duties thereof and fix their term, tenure and compensation. Now, with this section must be read section 88, which says that all powers in the municipality and the determination of all matters of policy shall be vested in the municipal council, except as otherwise provided by that act or by general law, in other words, for the purposes of our case, except that it may have been otherwise given by this law, this statute, to the manager.
This question is a very difficult one and has far-reaching implications concerning all municipal officers, positions and employments in Faulkner Act municipalities. It has many
[47 NJSuper Page 305]
facets not involved or not fully argued here. It is to be noted that the powers given to the manager in section 95(c) are to appoint and remove. No mention is made as to power given him to fix term, tenure or compensation. Certainly with respect to compensation, the power to fix that must be held to reside in the council by virtue of section 88, along with the creation and abolition of officers, positions and employment. If we say the power to fix term and tenure likewise is in the council, we render impotent the manager's power to remove which is expressly given him by specific statutory declaration. Such power to remove is also essential to the full realization of the philosophy and basic theory of separation of policy-making functions from those which are executive and administrative under the council-manager form of government. So I think the legislative intent expressed in the law in its present form has to be said to be that the power to fix the term of the engineer and the dog warden in this township resides in the manager, except should the term of said officers be fixed by other general law, none of which is cited to me. Some legislative clarification might well be suggested to be indicated. The provisions of sections 12 and 18 fixing two-year terms for these offices are declared invalid.
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Miscues hamper St. Marys
BELMONT -In terms of selecting the starting lineup for Friday's Class A, Region IV final, everything just fell into place for Wheeling Central.
Unfortunately for St. Marys, several fielding chances didn't go as planned and the Maroon Knights took advantage in winning 5-2. The Blue Devils, who ended the season at 23-9, committed five errors. Two of those miscues occurred during Wheeling Central's three-run first inning, and it was an uphill battle the rest of the way.
"We dug ourselves a hole that we just couldn't get out of," St. Marys coach John Mike Nichols said. "I tell the girls, when you find yourself at the bottom of a hole quit digging. And we just couldn't get out of that hole."
As for putting the right people in the right spots, Wheeling Central coach Rick Magruder was on the mark.
Cara Stahl, who recently had surgery, was cleared by the doctors as late as Thursday morning, and the second baseman responded by going 3-for-4 at the plate with a double and a run scored.
But perhaps the best gametime decision made by Magruder involved his starting pitching. It was Madison Basinger's turn in the rotation, but there still was uncertainty whether she would get the call. She did, and not only did the junior earn the decision but she also struck out 12 batters and walked none.
After a one-year hiatus, Wheeling Central (21-8) returns to the state tournament next Wednesday and Thursday in Vienna.
"Last year, we relied a lot on a senior, and this year we were determined to go with both Madison Basinger and Sarah Henry," Magruder said. "St. Marys jumped on (Henry) last year, so even though it was Madison's turn in the rotation it was hard to decide because Sarah is a senior. But she accepted it and she supports Madison, and that's what they've done all year."
Wheeling Central was ready from the outset. Lead-off hitter Joni Zavolta fell behind in the count 0-2 before drawing a walk. After Stahl singled to put runners on first and second, Allie Cook followed with an RBI base hit.
One out later, Stahl scored on an infield grounder which advanced Cook to third with two outs. St. Marys pitcher Mariah Martin appeared to get out of any further damage, but Henry reached on an error which plated Cook.
In the top of the fourth inning, the Maroon Knights struck again without a ball reaching the outfield. Henry was hit by a pitch to open the frame and advanced to second base on a sacrifice bunt. With two outs and Henry stationed at third base, a third infield error by St. Marys brought home Henry and left the Blue Devils trailing 4-0.
After Basinger retired the first nine batters she faced, St. Marys started to show some life by loading the bases with one out in the bottom half of the fourth inning. However, a strikeout followed by a fielder's choice put an end to the threat.
The Blue Devils finally broke through in the fifth with two runs. Sami Crowed led off with a single and scored on Sammi Clayton's one-out triple. Mikayla Hearn's ground out brought home Clayton for the second Blue Devil run.
Yet another unearned run in the seventh put Wheeling Central in front 5-2.
St. Marys didn't go away quietly as Martin and Crowe started the inning with consecutive singles. However, Basinger turned it up another notch and retired the next two batters on strikeouts and fielded a tapper back to the mound for the final out.
The Blue Devils graduate four seniors (Mariah Martin, Mikayla Hearn, Amy Childers and Abbi Fetty).
"This senior class finished with 95 wins – they the standard at St. Marys High School," Nichols said. "They have set the bar high where other classes should strive to duplicate or beat. "

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All parent member reviews for Along Came Polly
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Interesting but Enjoyable
I was fairly satisfied with this movie. I was mainly drawn to see this movie because I adore Jennifer Aniston's work, and the pet ferrett seemed hilarious. I thought that there were a few things that made you squeamish, like bathroom jokes, but it was all tastefully done. Polly, Jennifer Aniston's character, was someone who I could relate to very much. She was humorous, caring, and well meaning. She helped Ben Stiller's character, Rueben, become his true self. She understands his differences and doesn't alienate him. The characters are accepting, work hard at their jobs, and like all people, have their flaws. They learn to be comfortable in their own skins, and learn that it is okay to be themselves. This is a great movie for people who are looking for a laugh, and who are willing to withstand about 10 total minutes of humor that would definitly appeal to 7-13 year old boys (toilet humor).
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What a bomb!
Both leads are boring and personaly-less, overhyped actors (Stiller and Aniston) that make this movie painful to watch. There is no chemistry, and the thing chugs through the motions without any sort of feeling, humour or interest. Watching this is like fingernails on a blackboard, and it could only be appreciated by someone who has never seen good acting or good comedies of any sort. Alas, that describes a swathe of the upcoming generation.
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Too much sex
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14 and up.
along came polly is a funny comedy movie that will be good for your older teens but parents along came polly has a lot of inappropriate scenes and one sex scene but no nudity shown there's strong language used and social drinking.
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New Jersey Superior Court, Appellate Division
Decided: March 20, 1990.
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.LINWOOD JONES, DEFENDANT-APPELLANT
On appeal from the Superior Court of New Jersey, Law Division, Camden County.
Michels, Cohen and Brochin. The opinion of the court was delivered by Brochin, J.A.D.
[239 NJSuper Page 462]
Defendant Linwood Jones, co-defendant Carlton Byrd and others were indicted for receiving stolen property, valued in excess of $75,000, and bringing it into New Jersey, contrary to N.J.S.A. 2C:20-7, and for conspiring to do so, contrary to N.J.S.A. 2C:20-7 and N.J.S.A. 2C:5-2. The charges against several of the co-conspirators were severed and they were each tried separately, but defendant Jones was tried together with co-defendant Byrd. Jones was acquitted of conspiracy but convicted of the substantive offense. He was sentenced as a persistent offender to twenty years' imprisonment with ten years' parole ineligibility.
Jones appeals on two grounds. First, he argues that he was prejudiced by the court's limitation on his cross-examination of Derek Bannerman, the State's principal witness. The court's ruling, he contends, erroneously precluded him from attacking Bannerman's credibility by showing the jury the full extent of the witness's ongoing employment by the prosecutor as an informant in other cases. For that alleged error, defendant asks us to remand the case to the trial court for discovery and a hearing at which he will be able to establish what information he could have adduced if he had been permitted to do so. Thereafter, if the information obtained would warrant the relief, defendant would move for a new trial. As a second ground of error, defendant claims that, although he did not move for a severance before trial, trying him together with his co-defendant, Carlton Byrd, was prejudicial error which, by itself, entitles him to a new trial.
Jones and Byrd were tried and convicted for participation in the theft and receiving of two truckloads of tires. To obtain the convictions, the State relied principally on the testimony of Derek Bannerman. He had worked in the office of H. & H. Tire Service, the company whose principals were charged as co-conspirators and whose warehouse was the site to which the hijacked tires were delivered. He had overheard plans for the
[239 NJSuper Page 463]
theft being discussed and had helped to unload a shipment of tires at the H. & H. Tire Service warehouse at one o'clock in the morning following their theft. For his assistance, he received four tires and $100.
Several months later, after his employment at the warehouse had been terminated, he approached the Camden County Prosecutor's office, telling them that he had information about a theft of tires. He cooperated in an investigation which was conducted by the prosecutor's office and, because the theft itself had occurred in Pennsylvania, by the Pennsylvania State Police. In order to obtain evidence against the perpetrators of the theft, Bannerman wore a hidden microphone and tape recorder, conversed with them, and recorded their conversations. He recorded incriminating statements by all of the conspirators except Jones.
During the trial, Bannerman positively identified both Byrd and Jones as two of the men who were involved in unloading the hijacked tires from the trucks at the H. & H. Tire Service warehouse. The State also introduced into evidence a taped conversation between Byrd and Bannerman which clearly incriminated Byrd. There was no tape recording of any statements by Jones.
Jones did not testify on his own behalf, but he presented four alibi witnesses. Two of these witnesses testified that they had gotten married to each other on June 27, 1985, the date of the hijacking. Their wedding took place in Sicklerville, New Jersey, commencing about 5:00 or 5:30 in the evening. They testified that Jones was a member of their wedding party, and their wedding program and photographs were introduced into evidence to corroborate their testimony.
The wedding photographer testified that Jones left the wedding with him and went to the photographer's house where they had some drinks and spent the night. According to the photographer, he kept Jones' car keys and Jones could therefore not have left the house during the night. He testified that Jones
[239 NJSuper Page 464]
stayed all night and helped him make breakfast the next morning.
On direct examination, Bannerman told the jury that while he was cooperating with the Pennsylvania State Police, he learned that a reward had been offered for information about the tire theft. He volunteered the testimony that one of his reasons for offering to assist the police was:
I was out of work and stuff and I thought maybe, you know, with my cooperation and everything maybe they could help me get a job.
He then testified as follows:
Q. Did they get you a job?
A. They helped me get a job, yes.
Q. How did they help you get a job? I'm talking about back in 1986.
A. Yeah, they got me a job. I got a job. But if I tell you how they helped me get a job and so forth I think I'm endangering myself.
Outside the presence of the jury, the court then asked the prosecutor whether he knew anything about how Bannerman was helped to get a job. The prosecutor answered, "Not really, your Honor, but my suspicion is that he did informant work." At the judge's suggestion, the prosecutor then spoke alone to Mr. Bannerman and reported that he did get a job and that "part of that was as an informant." The prosecutor added that Mr. Bannerman had been paid for that work.
Jones' attorney then inquired whether the prosecutor's office had helped Bannerman to get a job. In response, the State confirmed that Bannerman was working for the prosecutor's office. Defendant's attorney then asked about the length of Bannerman's employment, whether the prosecutor was continuing to pay him, and how much money he was receiving. The court, however, relying on Evid. R. 36, declined to compel the State to answer.
The jury was recalled and the court charged them as follows:
We've determined that Mr. Bannerman has acted in other cases aside from this one as an undercover informant. And we've determined that in those other cases aside from this one he has been paid for his activities as an undercover informant and we have determined that when he said he was scared he wasn't talking about these two defendants, he was talking about he would be scared
[239 NJSuper Page 465]
for his general welfare if he was required to disclose those other matters in which he worked as an undercover informant. So I have indicated that we're not going to develop the names of those other cases or the other matters that he worked on as an undercover informant. I think that's for obvious reasons. I've indicated we're not going to bother to try to establish an accounting, that is how much money he got paid on those other jobs because obviously we'd have to find out how many he worked and how much each one brought and so forth and so on and that would take a lot of time and I don't think that it's fruitful. The important thing for you folks to realize, of course, is the fact that he did work as an undercover agent for the prosecutor's office in other matters and received payment for it. You may consider that when evaluating his bias, prejudice, interest or motive for testifying. And that, of course, is in addition to what he may have done in this case and what he may have been paid in this case and what he may anticipate to get in this case.
Thereafter Bannerman told the jury that the total reward which had been offered in connection with the theft of the tires was $5,000. He had received $100 of that money on the day that he was testifying and $2,900 previously. He hoped to receive the remaining $2,000 when the defendants were convicted, but he would not receive the rest of the money if there were no convictions.
We agree with defendant that Evid.R. 36 does not protect Mr. Bannerman from having to disclose the extent and continuing nature of his employment by the prosecutor's office. Evid.R. 36 deals with the government's privilege to refuse to disclose the identity of an informant "unless the judge finds that (a) the identity of the person furnishing the information has already been otherwise disclosed or (b) disclosure of his identity is essential to assure a fair determination of the issues." In the present case, of course, the identity of the informant had already been disclosed. Mr. Bannerman was testifying in open court. The questions is, whether there was an adequate disclosure of all matters which might reasonably have affected his credibility. Cf. State v. Roundtree, 118 N.J. Super. 22, 285 A.2d 564 (App.Div.1971).
In State v. Sugar (II), 100 N.J. 214, 495 A.2d 90 (1985), the Supreme Court held that the State would be precluded from offering the direct testimony of a State's witness, Detective
[239 NJSuper Page 466]
Joseph Mazzeo. The reason for the preclusion was that the most effective way for the defendant to have cross-examined the witness to show his bias would have been by interrogating him about his participation in an illegal interception of conversations between the defendant and the defendant's attorney. However, as the court had noted in a prior decision in the same case, "[to] question a witness before a jury about his knowledge of overheard statements would be unthinkable" because such questions would generate inferences about information that was overheard and suppressed as the result of the unlawful interception. State v. Sugar (I), 84 N.J. 1, 24, 417 A.2d 474 (1980). In explanation for its ruling barring the presentation of Detective Mazzeo's testimony on behalf of the State, the court wrote:
The right to cross-examine and test for bias at a plenary trial of criminal charges is indispensable. State v. Pontery, 19 N.J. 457, 472 [117 A.2d 473] (1955). It is a right of constitutional dimensions. Pointer v. Texas, 380 U.S. 400, 85 S. Ct. 1065, 13 L. Ed. 2d 923 (1965); see State v. Engel, 99 N.J. 453 [493 A.2d 1217] (1985). There can be no question that a defendant must be afforded the opportunity through effective cross-examination to show bias on the part of adverse state witnesses. 0 state v. Sugar (II), supra, 100 N.J. at 230, 495 A.2d 90. [citations omitted]
The State, of course, does not disagree with these general principles. However, the State contends that the limits which the trial court imposed on the defendant's cross-examination of Bannerman were within its discretion because, in the words of the State's brief,
[Ample] evidence of Mr. Bannerman's potential bias, motive and interest in this case had been elicited by the prosecutor on direct and by the two defense attorneys on cross-examination. The details of the $5,000 reward and the fact that Mr. Bannerman had already received $3,000 of $5,000 by the time of trial were put before the jury. The jury was also made aware of Mr. Bannerman's former employment at H & H Tire as well as the circumstances of his departure from H & H Tire.
In addition, the jury was advised by the trial court that Bannerman had worked as a paid informant for the prosecutor's office in unrelated cases . . . .
The State submits that the details of the payments Mr. Bannerman may have received for his work as an informant in unrelated cases, as well as the details of those cases themselves were properly excluded 1 under Evid.R. 4 as being too remote.
[239 NJSuper Page 467]
We disagree with the State's position. Mr. Bannerman's testimony and the scanty statements by the prosecutor, on the record but outside the presence of the jury, suggest that even on the day of trial Bannerman was a continuing employee of the prosecutor's office, performing services as an informant in other cases. In our view, the jury could reasonably have concluded that an informant who was a present employee of the prosecutor's office and might lose his job if his testimony did not satisfy his employer would have a stronger motive to lie than an informant who had nothing more to lose except possibly the contingent $2,000 of his reward which was still unpaid. Furthermore, perhaps the amount of the compensation which Bannerman had received and the amount, if any, which he was still continuing to receive were modest and did not materially add to the incentive created by the contingent portion of the reward which he had already disclosed. Conceivably, however, the jury might have concluded that those amounts were sufficient to serve as a powerful additional incentive for Bannerman to testify falsely in a way which he might think 2 would satisfy the prosecutor's office. On the present record, of course, we cannot tell, and neither could the trial judge. The defendant was entitled to the disclosure of that information. See State v. Satkin, 127 N.J. Super. 306, 311, 317 A.2d 379 (App.Div.1974), where this court held that the defendants were entitled to full information about the substantial payments made to or for a material witness so that the defendants could investigate and determine "whether the payments to the material witness go beyond the reasonable needs of his maintenance. This may have a vital bearing on the ability of defendants to attack the credibility of the witness."
We also agree with the defendant that if Bannerman was a continuing employee of the prosecutor's officer, that information and the amount of his compensation was Brady material which the prosecutor was obligated to disclose in discovery. Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963); Giglio v. United States, 405 U.S. 150, 92
[239 NJSuper Page 468]
S. Ct. 763, 31 3 L. Ed. 2d. 104 (1972). Consequently, the defendant should have the opportunity to explore whether any such material was withheld and, if so, whether the withholding was wilful. Cf. State v. Casele, 198 N.J. Super. 462, 469-470, 487 A.2d 765 (App.Div.1985); State v. Serret, 198 N.J. Super. 21, 26, 486 A.2d 345 (App.Div.1984), certif. den. 101 N.J. 217, 501 A.2d 899 (1985). See also State v. Blake, 234 N.J. Super. 166, 560 A.2d 702 (App.Div.1989) (Prosecutor's wilful violation deprived defendant of fair trial).
Accordingly, this case must be remanded for the hearing requested by defendant. He should have the opportunity to explore whether Bannerman was still employed by the prosecutor's office at the time of trial, the amount of compensation which he received and expected to receive in the future, and any other matters reasonably relevant to Bannerman's credibility. In advance of the hearing, the prosecutor should turn over appropriate discovery material to the defendant. At the hearing, the trial judge should, of course, 4 endeavor to protect the interests of the State and the safety of the informant. Consequently, the trial judge may determine that the State is not obligated to identify which particular investigations Mr. Bannerman is involved in, provided that withholding that information will not be material to issues of credibility. If information was withheld from the defendant which would have been material to evaluating Mr. Bannerman's credibility as a witness, the defendant should also have the opportunity to investigate whether any omission to disclose that information was the result of inadvertence or was done in bad faith. After all relevant information has been developed, defendant may move before the trial court for a new trial pursuant to R. 3:20.
As to defendant's second ground of appeal, his trial jointly with Carlton Byrd, we agree with the State that the trial court's failure sua sponte to sever defendant's trial from that of his co-defendant was not error. The trial court's limiting instructions to the jury advising them about the use which they
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might make of Byrd's recorded statements were entirely adequate.
The case is remanded to the trial court for proceedings 5 consistent with this opinion. The hearing which we have directed should take place within 45 days. Any motion for a new trial based on information developed pursuant to our directions for a remand should be made and decided promptly. We retain jurisdiction to review any ruling of the trial court on such a motion.
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Game Trailer: Teenage Mutant Ninja Turtles – Mutants in Manhattan
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8 posts tagged with disappeared.
Displaying 1 through 8 of 8. Subscribe:
I wish to remain vanishing
Novel suggestions, please, for a potential project. Im looking for novels on the theme of people who choose to disappear and start a new life. They could be the protagonist, or someone else in the book whose disappearance drives the story. Lilia in Emily St John Mandel's 'Last Night In Montreal' and Kathryn Carlyle in Rupert Thomson's ah, 'Kathryn Carlyle' are perfect examples.
Please help me track down my missing brother
My brother has been out of touch with the family for like six months, not returning calls or emails or picking up his physical mail. But, his cell phone and work phone worked, so we were worried but not panicked. Yesterday I left him a voice mail at work that basically said if you don't call soon, I'm coming to Boston. Today, his cell was disconnected. Maybe the two events are connected, maybe not, but I'm freaked out. I don't have any friends in Boston. [more inside]
My colleague has disappeared
My colleague and somewhat friend has not come into work for three days and doesn't answer her phone or doorbell. I am starting to worry and don't know what to do. [more inside]
American Police Disappearing Citizens?
Besides during the high profile civil rights period in the South, has there ever been any suspicions as to whether police in any of America's police forces "disappeared" anyone?
Where's my money?
I transferred a lot of savings into an ISA. They've gone out of my current account, but not into the ISA. How worried should I be? [more inside]
Who watched the Search Engine Watchmen?
A friend's site disappeared from google 3 days ago. Totally, completely, utterly gone. What can she do to get it back on google? [more inside]
Maybe he's in some sort of tax shelter?
Help me find out what happened to my accountant!! A little sleuthing help, please.... [more inside]
The Hardy Boys & The Missing iTunes Library
Help me solve the case of the missing iTunes library. [more inside]
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Author's Note: My third chapter to my fic. My friend Jo proof read and fixed my other two chapters, but he hasn't read his one yet. So if you fined any mistake, errors, etc. Let me know and I will fix it. I also will except any ideas for future chapters if anybody has any, I might just use it if it sounds kick ass! Anyways, review, read, enjoy!
Chapter 3: Justice
I stood there looking at the Death Note thinking about what the Shinigami, Light, said. Me…a god…can I really become a- I stopped and got my head back together.
"Wait…" I said then looked at Light once again. "Why are you telling me this…I mean…why did I get this notebook?" I ask bluntly.
Light turned his head slightly, "Huh? Why you ask? Look here kid-"
"My name is Ben!" I shouted slightly.
"Well 'BEN', don't think that you are special or anything of that matter. Most humans who get the Death Note only use it for their selfish needs and gains, it gets so boring. Besides, I still drop the notebook here to see if somebody interesting does something new with the Death Note…better than being at the Shinigami realm, that is for sure. I find much more entertainment in the human world…heheheh." Light explained.
"Entertainment?" disgusted by what he said. "Look! I'm not going to be some…toy for your enjoyment." I stated boldly. I began to look around and saw that it was getting harder to see around the woods. "Look…it has been nice talking to you, but I best be heading back before Grandpa starts to worry about me." I said, then began to head back to the RV.
Light slowly followed behind me, "Who..? Where..?"
I started backtracking my way through the woods, slightly turning my head every minute to see Light still behind me. Damn it, why is he still following me? I said to myself. Then I started to see a dim light and knew it was the RV at the end of the woods.
I reached the end of the woods and smiled, "Finally!" I said overjoyed to see the old rust bucket. Then Light came up right beside me, looking at the RV.
"So, is this where you live?" he ask.
"Will you quit following me!" I yelled.
"Huh? Sorry kid, I really have no choice in this matter. I am here to stay until you either die or discard the Death Note, which ever comes first." Light said.
"So what the hell am I going to say when I come in with you!? 'Hey Grandpa, hey Gwen, this is Light, a Shinigami , he will be with me for the rest of my life.'" I said sarcastically at Light, then continued, "I mean, they won't act normal when they see you."
"Oh, don't worry about that…since you got my Death Note, you are the only person that can see me…" Light answered.
I sighed in relief, "Well, that is good to hear." Then I turned around and began to walk toward the RV.
"But if anybody else happens to touch the Death Note, they will be able to see me as well…heheheh." smirked Light.
I reached the door and stopped at it, not opening the door, from what Light just said. Damn…now I got to make sure no one else touches it, otherwise…who knows what will happen.
I opened the door and began stepping in. "Hey Grandpa, I am back." I said seeing Grandpa beside his bed and then saw Gwen asleep on the top bunk.
"Oh, hey Ben! I was just getting ready to hit the hay." said Grandpa.
"Alright, I'm going to take a quick shower and go to bed as well I guess." I said and began walking toward the bathroom. "Night Grandpa."
Grandpa started to get into bed, "Night Ben."
While taking a shower, I thought about the Death Note. I wanted to get rid of it some much but if I did, then someone else will just get it and who knows what they will do with it. Plus, now I have a Shinigami following me now…I am thinking of this too much, I just need a good nights rest…that is all I need…
I walked out the shower, put on my pajamas, then walked toward the sink to brush my teeth. I looked in the mirror and stared at my reflection. Then it began to change, the eyes started glowing red and started evilly smirking at me. I blinked, suddenly changing my reflection back to normal.
"Man…I really need to sleep…." I said quietly walking toward the door.
I open the bathroom door and saw Light sticking his head through everything in the RV like a stray cat searching for food. He really seem to no respect for other peoples belongings, or privacy that matter.
Light suddenly stopped what he was doing and turned his head toward me. "Hey kid, for a crappy home it sure has a lot of fancy equipment."
I walked to my bed and tried to go to sleep, facing the opposite direction from Light trying to ignore him.
"What? You are going to bed already? It is not even that late…" Light said angrily.
I then put the pillow over my head, and folded it over my ears, trying to ignore him still. I knew if I started to talk to Light, Grandpa might want to know who I am talking to and Gwen would probably make fun of me for talking to myself since they both could not see him.
"Huh?" Light confused from my action. "If you didn't want to talk to me kid, all you had to do is say so-" Then Light stopped and began to laugh a bit, "Oh…I see now why you don't want to talk to me." Light paused for a minute and continued, "Well, I am not going to stay here all night, so I am going to go for a few…see you tomorrow…heheheheh."
Three days passed since that day, and no sign of Light. I began to wonder what happen to him but at the same time, felt happy and relieved that he didn't show up. I haven't used the Death Note since then but I still couldn't get my mind off that day. We didn't do nothing much those last three days until early Sunday morning, when Grandpa decided to visit one of his friends. Grandpa was outside talking to his friend while I stood in bed, then Gwen got up to eat breakfast.
Grandpa walked into the RV and quickly at us. "Gwen, Ben, we're going to church today."
"Aaaaawwww, come on Grandpa…do we really have to?" Gwen moaned.
"No buts, we're going and that is final." he answered starting the RV and began to drive off.
I felt glad that I was going to church for once in my life. All my good vibes were coming back to me slowly as we headed to church. Then out of no where, the RV came to a sudden holt, causing me to fall off my bed and Gwen to bang her head on the table.
"OW!" Gwen screamed, "Damn…can you stop any harder!?" she said sarcastically.
"Sorry about that guys, anyways, we are here so get ready and meet me in the church's lobby." he said, then walked out the RV.
"There he goes again, in a rush…where does he get the energy from?" Gwen sighed.
Once we got ready, we met up with Grandpa in the church lobby like he said. There we saw him with his friend that he visited earlier his morning. From there, we went into mass and I tried to keep my mind clear of any thoughts so that I can at least relax. Then Light showed up without any warning.
"Hey! There you are…I have been looking for you. Where the hell have you been?" ask Light.
Damn it, he comes back now and in the worst place…No…I won't let him get to me now…just ignore him. I said to myself taking a deep breath.
"Huh? Wait? What are you doing here?" he ask looking around the church. Heheheheh…I guess you can stop going to church, you can't go to heaven now since you used the Death Note."
"WHAT" I yelled looking at Light. Then I realized that I was still in mass, I turned around and saw everybody looking at me. "I'm…I'm going to the restroom…" I shuttered and began walking quickly.
I stormed into the restroom and walked toward the sink. All the pieces of myself felt like they were falling and I couldn't make them stay. Then Light came in from the wall, smiling.
"WHAT DO YOU MEAN I CAN'T GO TO HEAVEN!?" I yelled glaring at him.
Light stared at me, afraid of sudden mood, "Well…people who use the Death Note…can neither go to heaven or…hell."
"Well…no…I don't think s-"
I then turned around heading my way out the restroom and there I saw Gwen a few feet from the restroom door.
"Ben, are you ok?" she ask. "I heard you yelling and-" she paused and looked around the lobby, we were the only ones here, then looked at me and arced her eyebrow. "Ben, just who were you yelling at?"
"Oh…no one…look, I going to back to the RV." I said, then started walking toward the exit.
"Wait…Ben! What about-"
I paused for a second and looked at Gwen, "GWEN PLEASE, JUST…just leave me alone…" then turned around once more and stormed out the church exit.
I came into the RV heading my way to the table and sat down on the seat, then slammed my forehead onto the table and mumbled softly, "Why me. Why…me…"
"Wow kid, you are pretty scary when you get mad…heheheh." Light said and then slowly walked up to me. "You're surely the first human who cared so much this…but I still don't get the big deal anyways? Why do you even care?"
"I have no after life now…" I said quietly with my forehead still on the table. "If I would have know about it, I would of never used-"
"If you haven't used it, you and your family would have been dead." Light stated seriously. "You're thinking too much of the negative and not the positive. With that notebook, you were able to save your life and your family. Sure you don't have an after life but you still got a long life ahead of you kid. Why not use it to help others, you did say you were a hero. You can make this world a better place for others to live in." He then he began to whisper in my ear, "With this notebook, you can take justice into your own hand and pass righteous judgment."
After Light spoke, fifteen minutes of silence passed by and I didn't move a muscle. I just stood there, thinking of everything Light said to past events from the day I got the Death Note. I then got up, walking toward my bed and grabbed the Death Note from my backpack.
I took it and walked back to the table, and placed it on the table. For another 5 minutes, I just stared at it.
"Well kid, what are you going to do now?" yawned Light.
I opened the Death Note to the first page, "Write!"
Light suddenly stopped spinning in circles and started smiling "Oh!?"
I then placed my pen on the Death Note and began to write criminal names that came to my head. Those criminals who had hurt or killed other, those who had a life or death sentence were all dieing one by one.
"You are right Light…about everything you said…I was afraid at first…but now, I know what I want to do!" I shouted, writing down names. "I want to help people, and with this notebook, I can help people…save people! And in the end, people will begin to see me as,"
It looks like I've done it! This was too easy…It is only a matter of time now…heheheheheh.
End of chapter three…


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British Prime Minister David Cameron will hold key talks with the leaders of Afghanistan and Pakistan to discuss the Afghan peace process.
The trilateral summit - the third since last summer - is aimed at improving co-operation between both countries to promote regional stability.
For the first time Afghan and Pakistani army and intelligence chiefs will also take part in the discussions.
Nato troops are scheduled to withdraw from Afghanistan by the end of 2014.
In a process initiated by Mr Cameron last year, Afghan President Hamid Karzai and Pakistani President Asif Ali Zardari have agreed to work together on a framework of co-operation following the international troops' departure next year.
The steadily approaching deadline for the military exit will inevitably be a key factor in the talks, not least for Pakistan with its concerns about security across the region from then on, the BBC's World Affairs correspondent, Mike Wooldridge, reports.
Overcoming mistrust
Mr Cameron will host a dinner with Mr Karzai and Mr Zardari at his official country residence Chequers north of London on Sunday evening.
He will then hold the in-depth talks with both presidents and their key officials on Monday.
"This trilateral process sends a very clear message to the Taliban: now is the time for everyone to participate in a peaceful political process in Afghanistan," Downing Street said in a statement.
"As the prime minister has set out previously, a stable Afghanistan is not just in the interests of Afghans, but also in the interests of their neighbours and the UK."Overcoming mistrust between Afghanistan and Pakistan remains a central issue, our correspondent reports.
The Afghan government has made it clear that it views the recent freeing by Pakistan of a number of Taliban prisoners as positive, he says.
But it still wants the release of the former second-in-command of the Afghan Taliban, Mullah Baradar, in the hope that a senior figure like him could influence the Taliban to engage in talks with Kabul.
For the first time, the trilateral talks will also include military and intelligence chiefs from both Afghanistan and Pakistan.
Officials believe this could help in tackling some of the most sensitive issues to do with reconciliation efforts, our correspondent says.
Meanwhile Mr Karzai told the BBC's Pashto Service that Afghan people should take the initiative for peace into their own hands.
"As neither the communist government, nor the Mujahedeen brought peace and security to the country, if we do not carefully manage our peace process the way we did not in the past, we will not achieve stability or security," Mr Karzai said.
The first two rounds of the trilateral talks were held in Kabul and New York last year.


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£565 pcm Available Now
We are delighted to bring to the market this fully furnished two bedroom end of terrace house. The property has the benefit of full double glazing, gas central heating and is decorated to a very good standard throughout. The recently fitted kitchen includes washing machine and dishwasher. Front and rear gardens, with large storage shed and patio area. two double bedrooms a well fitted shower room together with front and back gardens finish off this beautifully presented property.
A quick viewing is essential to avoid disappointment.
Landlord Registration No. 204447/120/27390
This house description is based upon information supplied by the owner, or on behalf of the owner. These property particulars are produced in good faith and do not constitute or form part of any contract. s1homes do not take any responsibility to the accuracy of the information contained in this document.


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With modern mobile devices and countless educational websites and apps, education becomes something modern children walk around with in our pocket. Parents, why not to take advantage of the opportunities that Education 3.0 provides? Pumpic has prepared 10 best ways to use smartphones and tablets for educational purposes in schools and at home. via pumpic.comRead More »
Education & Careers Infographics
The Highs and Lows of Nursing
The thriving nursing industry is seeing a shortage of nurses. From hospitals to homes, registered nurses are an essential part of the health and medical industries. While it's the highest growing occupation in the United States, nursing is somehow still facing a shortage that's expected to continue for the next decade, despite available positions. via online.aurora.eduRead More »
Back-To-School 2016 : Marketing and Sales Guide
It's always surprising how many brands don't take action during the back-to-school season… because it is really an unsung hero when it comes to sales. For many brands it accounts for an astounding 68% of their Q3 sales, as well as 17.2% of their year round sales!! One reason that it seems to sneak up on everyone is due to …Read More »
The Anatomy of the UK Driving Theory Test: 15 Little Things You Need to Know to Pass
In 2015, only 49.7% of people who took the UK theory test passed. Here's how to you can get through those 71 minutes and ace your test. via toptests.co.ukRead More »
Five Questions About Chiropractic
Did you know that chiropractors have more education hours than physical therapists? With only 180 educational hours less than medical doctors, chiropractors are an excellent alternative for treating neck and back pain. Chiropractic is a safe and effective practice that helps millions of Americans year round. via palmer.eduRead More »
Sports Chiropractic – A Winning Solution For Athletes
What do the 2012 Summer Olympics, Pan Am Games, New York and Boston Marathons, and the IRONMAN Triathlon all have in common? They all utilized sports chiropractors. At Palmer College of Chiropractic, students get the schooling, experience, and training that they need to begin a successful career in sports chiropractic. Call today for more information! via palmer.eduRead More »
The Real Cost of University
The real cost of going to university depends on which institution you choose to attend and the costs of living in different parts of the country. Here are some case studies looking at where your money goes if you choose to study at these universities across the UK. via solution-loans.co.ukRead More »
How to Become a Software Engineer
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How to Become an Electrician
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Think Wedding Photography is Easy? Think Again!
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Parents guide to teaching children about money management
Teach your children some important life lessons including how money works, the importance of saving, how to budget and how credit works with this handy infographic guide. Lessons like these are important to learn at a young age in order for your children to avoid financial problems when they become an adult. via shepherdsfriendly.co.ukRead More »
Online Scrub Shopping Trends & Benefits
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Would you ride in below 0 weather?
I like to ride in cool crisp weather but this is extreme. Fairbanks Alaska has a surprisingly hardcore bicycling group. I'm not taking roadies who like to pound the hills wearing spandex and riding a carbon fiber Trek Madone but instead a commuter. A hardcore Fairbanks Alaska commuter. Multiple layers of clothing and steel frames. Carbon fiber not wanted in the temperatures of 20-40 below zero.
The cabins are heated by burning wood. Your bathroom is an outhouse unless it is too cold then you use a bucket inside. These hardcore winter bikers that live in cabins make Charles Ingalls from Little House on the Prairie look like he has an easy life.
Winter commuting in weather that would keep us bicycle riders in the lower 48 from even venturing outside is not always a necessity. Alaska also has a fair share of bikers who's only form of transportation is the bicycle but Alaska also has many more recreational cyclists. In fact Fairbanks has a club that meets for Sunday mountain b
Cold weather, bright sun, fresh snow pack, and these bikers find it ENJOYABLE to go ride in snow. If you find your legs a bit weak in the spring because you did not ride during the winter then maybe you should consider moving to Fairbanks Alaska and going on the weekly winter Sunday bicycle ride. Your Guaranteed to have muscular legs come spring time if you avoided frostbite and moose attacks during your winter bicycle commute.
The grueling riding conditions these Alaskan bikers cycle in would make most of us lower 48 cyclists hide like cowards in the corner crying. Instead these Alaskans commute year round by bicycle and or gather for the winter trail rides and prepare for the summer months with cool jobs such as pedaling the Minnie Moose Pedicab around Fairbanks.
The bicycle is the only mode of transportation for many people in the world. Alaska is no exception.
Image Credits: (Flickr/substack)(Flickr/ffg)(Flickr/substack)(Flickr/lesscrafted)(Flickr/dennis and aimee jonez)(Flickr/wheeldog)


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Tennis Channel begins coverage of Sony Ericsson Open
LOS ANGELES — Tennis Channel, the only 24-hour, television-based multimedia destination dedicated to both the professional sport and tennis lifestyle, will begin its coverage of the Sony Ericsson Open on Monday, March 29, at 7 p.m. ET. The network has slated 20 live or first-run hours during what has become known as the "fifth slam," in addition to 30 hours of same-day repeats. The Sony Ericsson Open features the world's top ATP men's and WTA women's tennis players in Miami at the Tennis Center at Crandon Park. For a full schedule of planned Tennis Channel coverage, go to tennischannel.com.
Tennis Channel's Live Sony Ericsson Open Match Schedule
|Time (ET)
|Monday, March 29
|7 p.m.-11 p.m.
|Men's Third Round;
Women's Round of 16
|Tuesday, March 30
|11 a.m.-11 p.m.
|Men's Round of 16;
Women's Quarterfinals
|Wednesday, March 31
|7 p.m.- 9 p.m.
|Women's Quarterfinals
|Thursday, April 1
|7 p.m.-9 p.m.
|Men's Quarterfinals
Tennis Channel (tennischannel.com) is the only 24-hour, television-based multimedia destination dedicated to both the professional sport and tennis lifestyle. A hybrid of comprehensive sports, health, fitness, pop culture, entertainment, lifestyle, and travel programming, the network is home to every aspect of the wide-ranging, worldwide tennis community. It also has the most concentrated single-sport coverage in television, with telecast rights to the US Open, Wimbledon, Roland Garros (French Open), Australian Open, Olympus US Open Series, ATP Masters Series, top-tier Sony Ericsson WTA Tour championship competitions, Davis Cup and Fed Cup by BNP Paribas, and Hyundai Hopman Cup. Tennis Channel is carried by nine of the top 10 MSOs, Verizon FiOS TV, and has a national footprint via DIRECTV and DISH Network.
TIMag.com news search
Latest TIMag.com news
- Rinaldi named U.S. Fed Cup Captain
- K•Swiss appoints Miringoff global DoT
- Grand Harbor to host charity tourney
- McInerney named 2016 ITA award winner
- Ashaway introduces Rally 21 Fire string
- Successful 2016 for Head tennis
- Play tennis for life
- Smashers take win in NBL thriller
- Langridge to feature at Sports Park
- Murray ends 2016 as No. 1


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Having unnecessary fat in various locations of your body can have a significant influence on your health and self-esteem. While conventional weight reduction through workout and diet is a great way to lose weight overall, even the best exercises can't target issue areas like the stomach, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is used to eliminate excess fat from particular areas of the body, permitting an individual to form and contour their body to their liking. Is liposuction right for you? Find out now.
Pros of Liposuction
There are many advantages to this cosmetic procedure, consisting of:
• Instantly obvious modifications. Unlike conventional weight loss, liposuction produces modifications that are immediately noticeable in the body. Some distinction is obvious right away, and the wanted outcomes are normally achieved in just a couple of days.
• Proven and safe. This cosmetic procedure has actually been carried out by seasoned surgeons all over the world for several years and the strategy has been improved over and again to be safe and reliable.
• Healing time is typically fast. The downtime needed after having this type of procedure is usually much less than exactly what is required for other types of cosmetic treatments, including abdominoplasty, breast reduction, and more. People who have had the procedure can frequently return to work far more rapidly than they expected and can get back to living a healthy, active lifestyle.
• Weight reduction can be long-term. With the right upkeep methods, the fat that was eliminated during the liposuction treatment will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they want to look, beyond what traditional diet plan and exercise can offer. Offering people this power over their bodies increases self-esteem and aid individuals feel their best.
While there countless advantages to liposuction, there are obviously a few cautions that should be thought about before making the decision to move forward with the procedure.
Cons of Liposuction
Prior to having actually liposuction done, it is very important to examine the potential downsides of the treatment and determine if the benefits exceed the risks in your particular case. Your surgeon can help you learn more about the threats associated with the treatment and can help you decide if moving forward is the right thing for you.
• Problems with basic anesthesia. Since liposuction is carried out under basic anesthesia, the treatment brings the exact same risks as any other type of surgical treatment where basic anesthesia is utilized. Underlying medical conditions might increase these dangers.
• Adverse responses. Bruising, bleeding, and discomfort are all to be expected, however, in rare cases can cause more significant problems.
• The prospective to gain the weight back. After having actually liposuction done, it is crucial to preserve a healthy diet and exercise correctly as advised by your doctor. Failure to do so might lead to getting back the weight that was lost or possibly even more.
Although there are threats associated with liposuction, for lots of people, the benefits far outweigh them. Educate yourself about the treatment by having thorough discussions with your specialist and think about how liposuction has the possible to impact you as a special individual. Just you and your surgeon can identify if liposuction will offer you with the results you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Windham NH
Laser liposuction is a more recent, minimally intrusive procedure that includes heating the fat cells to melting point and eliminating the melted fat through a little cannula. The treatment is normally done right in your doctor's office and is an exceptional alternative for individuals who have less than 500 ml of fat to get rid of from any one location. Laser liposuction can be a safe, complementary treatment to weight loss in order to sculpt the body you've constantly desired.
Contact a Surgeon in your Windham NH today.
If you're considering liposuction as a weight reduction solution, it is necessary that you discuss your desires with a certified plastic surgeon in your area. Your surgeon will carry out a total test and health history survey to identify if liposuction can benefit you and assist you reach your physical and psychological goals. Call today for an assessment and learn more about how liposuction can assist you attain the body of your dreams.


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There Is No Long View In The World Series
The Cubs are down 3-1 to the Indians, and the Indians have earned it.
The Cubs are down 3-1 to the Indians, and the Indians have earned it.
Nothing is over, as we've seen before, but this is not a good spot to be in.
Hitting the road and taking in a World Series game in enemy territory.
That was the deepest World Series no-hitter in almost 50 years. How about that?
After last night's win, things are looking fairly bright for the Cubs.
Trevor Bauer takes on the Cubs tonight in Game 2 of the 2016 World Series.
To be quite clear: losing the first game in the series doesn't mean the Cubs are screwed. Come on, now.
If you were beefing about the zone, you probably don't have a case.
The Cubs face in the Indians' ace in Game One.
The World Series begins today. The one you've waited for.
Position by position, the Cubs have more strengths than the Indians, though not everywhere.
I couldn't do these things without your support. That, plus more from last night's ground-shifting win.
Any hope embedded in that title? Well, maybe a little something to hold onto.
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Need more baseball goodness? Check out Baseball Is Fun - Videos, Plays, and Other Baseball Fun.


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Apple Shortbread Tart
Total Time
Prep 15 mins
Cook 40 mins
This delicious Apple Tart is an easy way to use up your apples. Wonderful served warm with ice cream.
Ingredients Nutrition
- 295.73 ml unbleached white flour
- 14.79 ml sugar
- 4.92 ml baking powder
- 118.29 ml butter, at room temperature,cut into eight pieces
- 1 egg yolk
- 14.79 ml heavy cream
- 7 medium tart apples, peeled,cored,and sliced thinly
- 118.29 ml sugar (or to taste)
- 29.58 ml butter, softened
- 22.18 ml unbleached white flour
- 2.46 ml ground cinnamon
- Preheat the oven to 375 degrees.
- Place the dry ingredients for the crust in a large bowl and blend them.
- Add the butter, egg yolk, and cream.
- Using your hands, work the mixture quickly until it is crumbly.
- Press it into the bottom of a 9-inch spring form pan.
- For the filling, arrange the apples in a pattern over the dough.
- Mix the rest of the filling ingredients together until crumbly.
- Sprinkle this over the apples.
- Bake for about 40 minutes.
Most Helpful
This was a huge hit at a luncheon with friends! I did make some changes, because it was for a Holiday luncheon, I made it into a Cranberry Apple Tart, turned out delicious!!Served it cold with whipped cream topping. Instead of cinnamon in the filling I used ground ginger and sprinkled a mix of splenda/ground ginger on top. A wonderful tart enjoyed by all!! Thanks for post and I will be making it again.


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At-A-Glance Monthly Planner - 2017 CalendarAppointment Books & Planners
9" x 11" - Monthly - January-December - Wirebound - Simulated Leather - Blue Cover - View Complete Details
Product Number: AAG7025020
In Stock - Hurry, only 427 left.
Estimated Delivery - 1 business day(s) - Tue 12/13 2 business days - Tue 12/13
Shipping - This item is eligible for Free Shipping on orders over $45
Note: Must buy in quantities of 6 starting at 48.
Estimated Delivery 7 business day(s) - Wed 12/21 - The products will be shipped directly from the Manufacturer and will require additional time for delivery. 7 business days - Wed 12/21 - The products will be shipped directly from the Manufacturer and will require additional time for delivery.
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Product Details
Made in America
This product was manufactured in the United States.
Recycled Product
This product contains at least 30 percent postconsumer material.
2017 Calendar
This calendar is for the 2017 calendar year.
At-A-Glance Monthly Planner - Monthly planner offers the scheduling basics you need with fashion color covers you want. Dated planning pages range 15 months from January to March. Two-page-per-month spreads include an upscale two-color format, unruled daily blocks, Sunday-through-Saturday scheduling, holidays, and past, current and four future months reference blocks in a column on the right. Wirebound appointment planner also offers a flexible, simulated leather cover. Planner is nonrefillable.View Product Specs
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Great for big-picture monthly planning. Premium paper resists ink bleed. Perforated memo section for easy tear-out notes. One month per two-page spread with unruled blocks; past, current and future months reference. Telephone/address page. Printed on premium, recycled paper.13 months (January ...
This weekly/monthly appointment book provides the structure you need with scheduling at 15-minute intervals. Dated planning pages range 12 months from January to December. Move-A-Page binding lets you easily move note, grid and telephone address pages and place them anywhere ...
Weekly/monthly desk calendar features a soft, suede-like cover with a beautiful delicate lace pattern. Dated planning pages range 12 months from January to December. Wirebound planner is tabbed for quick reference and provides equal space for weekdays and weekends. Group ...