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Author has written 3 stories for Elfen Lied.
Gender: Male
Age: 30
Name: G
I am a guy who enjoys writing as a hobby. Somehow that seems more appropriate to say as opposed to referring to myself as a "writer", because in my mind, a writer makes words his profession and treats them professionally. I, on the other hand, often feel little more than an amateur. But then that is the point of my writing exercises, so that perhaps one day I might dare to refer to myself as a writer, and be counted among authors I have long respected.
At this point, I am halfway through (if not perhaps a little further) a rather ambitious project I set out for myself in August of 2011. A fanfic novel entitled "What is Written in Blood", in which I desired to further the tale of those characters I became so involved with. No anime had ever moved me so much as Elfen Lied did, and I became so swept up by it. It was this desire for "more" combined with gracious encouragement from an English professor which finally pushed me past my fear of starting it, and publishing it here. It did not take long for this project to become a large part of my life, even as busy as I often have been.
I write this as a general acknowledgement to those souls out there who have been following my progress on it; the ones who review, and those who have not, or do so rarely. I am grateful for all of you who are reading it. It is a constant reminder for me to keep faith in myself, when I sometimes lose it. I know I'm always saying it, but thank you all for that. I only say it so much because I never feel like I'm saying it well enough. Now, some frivolous details about me.
Getting the physical stuff out of the way, I'm tall, have waist length black hair, skinny but by no means fit whatsoever. So pretty much just a post goth/metalhead wisp of a human being that probably couldn't survive a stiff breeze anymore than my constitution could survive a stiff drink. I tend to look like a walking 80s metalhead cliche (not hairgel metal. Bulletbelt, combat boots metal), and I'm hopelessly introverted. If you spoke to me after reading any of my stories (or even this profile) you'd be hard pressed to believe you were even talking to the same person...if you could get two words out of me.
I'm very interested in themes of philosophy, and human connections, probably because I've often had such difficulties understanding those connections, being removed from such things most of the time. Because of that, I empathize with the underdog a lot of the time, finding that what is proper in this world isn't always what is right. In my opinion, anime, probably more than any other medium of visual entertainment, puts themes like love, honor, and passion into sharp relief, casting them in the form of impossible situations that could never reasonably happen in the real world the way they happen in anime. If that sentence was confusing, I'm sorry. That's the best way I can put it.
Some of my favorite animes have been Armatige the Third (cheesiness and all, Elizabeth Berkley's voice makes me want to pretend Showgirls never happened), Blue Gender (a chilling dystopia above, an apocalypse below, and the compelling ways it changes the survivors), Vampire Hunter D (because come on...who DOESN'T love a good old "i'm the baddest vampire in all of Vampiretown" flick?), Fushigi Yugi (don't mess with pre op trannies...they will FIGHT you), Tenchi Muyo/Universe (I'm a Ryoko fan...may she one day savagely obliterate Tenchi's virginity...Haruna doesn't count), and of course, Elfen Lied, which brought me here finally (the juxtapose of innocence and violence is striking, and my heart always ached for Kaede/Lucy/Nyu).
For the time being, I'll likely focus efforts on Elfen Lied. I hope I'm found worthy here, I've read a lot of great authors on this site. I'd like to think I could draw someone in as they drew me in.
Update 8/18/2012: It has officially been a year since I began this story. I cannot begin to express my gratitude towards the people who have stuck with it for that long, or near that long. I often regret not being able to update with more frequency, especially considering the nice things many of you have had to say regarding this story. I was floored to be told that someone had actually stayed up well past the witching hour reading this story (sealtowel, yes, I'm talking about you _).
Thank you all so much for your patience and for sticking with this project of mine. Rest assured no matter how long I take to update, I WILL finish this. Updates have been slow because of a constant diet of full time work, and school, which will continue until at least the end of September, or longer if I cannot find a way to give myself some kind of break. But as they say, "needs must when the devil drives".
I can't overstate how much the support for this story has helped me, both as a writer (due to vastly intelligent criticism, most notably from TheCuriousReader, and my resident grammar nazi Thechristian without whom there would be endless typos), and as a human being who sometimes slides into destructive self doubt. The kind words, particularly from folks like Dengen, Rocci (I still have that drawing), ThatZACHARY117 (hope you come back to your own story soon, I'd like to see how you're developing as a writer), and iShiny (with the now trademark "nice update!" comments, and who's name reminds me of the Firefly show), really go a long way towards fighting back those doubts. Many of you who I've written in PMs should be well aware by now of my somewhat neurotic personality. You're all freakin saints for putting up with it.
Still hard to believe I've been working on this for a year now. I've never kept up with a writing project this long, and I know for sure that I largely have all of you to thank for that. So thank you. The story is well over halfway finished, and the final ride to the end has already begun.
Hope to see you under the Red Sky.


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Consequentialist and Deontological Ethical Issues.
Consequentialism states that the morality of an action is determined by the specific results of that action. Deontology, on the other hand, states that the morality of an action is determined by duty or adherence to given rules. (Theodore Roosevelt)
Consequentialism is based on the consequences of actions. According to consequentialism, actions are right or wrong depending on whether their consequences further the goal. The goal or "the good," can be something like the happiness of all people or the spreading of peace and safety. Anything which contributes to that goal is right and anything which does not is wrong. Actions are thought to have no moral value in themselves, but only get moral value from whether or not they lead to the goal.
Deontology comes from the Greek word deon, meaning duty. According to this theory, it is your duty to do actions which are right and not do those which are wrong. Actions are thought to be right or wrong in themselves. (Karen Mundrasi)
The ethical issues within the Sears and Roebuck case should be evaluated within the consequentialist framework. All of the decisions implemented by Sears were based on the fact that they wanted to increase profitability and recapture market share from Walmart and other discount retailers. So the goal or "good" of the company was the basis on which they made unethical decisions.
The main issue involved the change in the pay scale of mechanics and sales associates in the Auto Division. This idea of paying employees a sales commission opposed to a base salary or wage is often debated.
Some managers believe that paying only salaries and hourly wages can assure customers that sales professionals are trustworthy and will make sound decisions. Columnist Norm Brodsky, has argued that sales commissions can hurt teams. High commissions paid to sales professionals can draw the ire of salaried workers in other areas of a company, while high commissions can tempt employees into unethical behavior. (Joe Taylor) Sales employees and Auto center repairmen were supported by new company policies, to charge more and oversell. In his open letter, former repairmen Chuck Fabbri clearly stated that service advisors, mechanics, and inspectors were colluding to charge customers for more repairs. Undercover auditors detected that repairmen were diagnosing brake repairs that did not exist, merely to increase commissions. Employees were conducting themselves this way because it was what Sears and Roebuck defined as a standard.
Management's Role in Unethical Behavior.
A definitive reward system and a strict mandate for obedience to authority guided the unethical practices implemented by Sears Management. Employees had no choice but to adhere to the ground rules laid by their organization. Any other alternative could have resulted in a separation from the company.
Rewards Systems consist of the following: (1) Base Salary, (2) Pay Incentives, and (3) Employee Benefits. Reward Systems should also key drivers of HR Strategy, Business Strategy, and Organization Culture. When corporations lose money and market share consistently, they operate in desperation mode. This was evident by the sudden change in pay in conjunction with cutting salaries and benefits. Sears sent a message to their employees by switching to a commission-based structure: "Sell as much as humanly possible, and you will be rewarded. Don't sell and you will be penalized."
Managers must realize the power they hold as authority figures in work organizations. Even today in most team-oriented environments, most people will do what they are told. Authority figures must therefore, exhibit ethical behavior and they must send signals that high ethical standards are expected from everyone. This message should begin at the top of the organization and move its way down through every level. Moreover, when unethical behavior is uncovered, the investigation must consider the implicit and explicit messages sent by authority figures. The tendency is to try and isolate the problem or find the one "culprit." But the culprit may have been encouraged implicitly or explicitly by a superior. Most employees are apprehensive about questioning authority in large organizations, no matter what the condition of the economy is. Sears employees were no different. Most likely, there were several mechanics like Chuck Fabbri but no one else came forward.
Sears & Roebuck Managers Diffused Responsibility for their Actions.
The idea of diffusing corporate responsibility was expressed best by whistleblower Sherron Watkins, with only about five minutes left to go in the Enron documentary. Watickins said: "Enron should not be viewed as an aberration, something that can't happen anywhere else. Because it's all about the rationalization that you're not doing anything wrong. We've involved [accountants] Arthur Andersen, we've involved the lawyers, the bankers know what we're doing. There's a sense -- the diffusion of responsibility.
Everyone was on the bandwagon. And it can happen again." (Alex Gibney)
This was a diffusion of corporate responsibility. CEO Edward Brennan remarked the same way by immediately denying allegations of unethical behavior and citing all the "right things" that Sears was doing. In other words, the message was look at all of the things were doing right. We can't possibly be doing something wrong. Similar to the Enron case, there was a preponderance of evidence to convict Sears of its actions.
The state of California reported that a number of undercover investigations had revealed such behavior. Yet, Brennan was still denying any wrong doing. Even after Chuck Fabbri came forward with his testimony, Sears still did not own up to the ethical crimes they were committing.
The Sears Reputation Takes a Hit on Quality.
By and large, corporations have done good things for America. They have provided jobs for millions of people. They provide a viable presence within their communities. But corporations have also been touched by scandals. It seems like scandals have exploded over recent years, with corporate executives becoming more greedy and corrupt. But the reality is corporate scandal has been around as long as corporations.
Financial scandals tend to follow periods of financial booms. When the economy is going well, everybody, not just corporate leaders, ignore precautions and try to ride on the coattails of the good time. When the downturn eventually comes, corporate leaders do what they can to save themselves, and when they use inscrutable methods, scandal is sure to follow.
With the economic boom of the 1980s and 1990s and the shift from manufacturing to financial and computer businesses, the corporate scandals of the 21st century were able to happen within some shroud of secrecy. Money itself was more liquid. Employees were offered mutual funds, stocks, and other assets over which they had no control, as opposed to the days when bonuses were offered in cash and placed in savings accounts. (Corporatehx.com)
Unfortunately, the Sears scandal had a long-lasting impact on the company's quality reputation. Consumers viewed the retail giant as dishonest in the area of auto repair. Mechanics already receive a lot of scrutiny based on their reputation of overcharging and under-delivering, so it was no surprise that Sears took a detour from the auto repair businesses for a while after the scandal.
The Performance Excellence Framework is a Great Metric for Sears.
The Performance Excellence model supports objective evaluation and equitable pay. At the crux of the Performance Excellence Model is this statement: "If you don't do it first, your competition will." Achieving excellence is the result of high performance throughout the entire organization. Every process performed in the organization has an external or internal customer as its end result. If only one process fails to deliver high performance results, a customer will be affected. More and more organizations, both in the public and private sector, are committing to quality practices and focusing on competing against or collaborating with the very best in their field. This search for excellence is driven by several factors:
To win back some of the ground given to fierce competition.
Dwindling staff and resources.
Increasing demands from customers who want higher standards at a fair price.
A driving desire to be number one.
Performance Excellence was founded in 1988 by 14 major European companies, with the endorsement of the European Commission. Membership comprises over 600 companies from most Western European countries and across many business sectors. There are nine criteria of excellence in the model. The first five are classified as enablers, that is, you must perform them first, in order to be on the right track to achieve excellence. The last four are the results of achieving excellence. The enablers categories include: Leadership, Policy and Strategy, People Management, Resources, and Processes. The last four categories are: Customer Satisfaction, People Satisfaction, Impact on Society, and Business Results. (NWLink.com)
In addition to a yearly salary, the employees at Sears should have been assigned a merit increase target percentage. For example, for employees who completed the bare minimum job responsibilities, they would get the lowest merit increase. On the other hand, for employees who surpass expectations, they receive the highest level merit increase.
Upper Management Deserved to Be Disciplined.
A corporation…[continue]
"Consequentialist And Deontological Ethical Issues Consequentialism States" (2010, December 11) Retrieved November 28, 2016, from http://www.paperdue.com/essay/consequentialist-and-deontological-ethical-5899
"Consequentialist And Deontological Ethical Issues Consequentialism States" 11 December 2010. Web.28 November. 2016. <http://www.paperdue.com/essay/consequentialist-and-deontological-ethical-5899>
"Consequentialist And Deontological Ethical Issues Consequentialism States", 11 December 2010, Accessed.28 November. 2016, http://www.paperdue.com/essay/consequentialist-and-deontological-ethical-5899
This is a pertinent observation and one that is possibly central to understanding the problem of environmental ethics today. Bugeja goes on to state that "…the new technologies that now keep us constantly connected also keep us constantly distracted" (Bugeja, 2008). He also makes the important point that, "Digital distractions now keep us from addressing the real issues of the day. Each of us daily consumes an average of nine
The critic then claims that it is not plausible that the correct moral theory could demand the sacrifice of innocent individuals in this way, and therefore consequentialism should be rejected. (Lawlor, 2004) The above example serves to illustrate that consequentialism as a theory applied to criminal justice, has certain inescapable flaws in terms of ethics and morality. The aspect of partiality is also another more technical objection to the validity of this
Ethical Decision Making In general, there are three major ethical approaches to decision-making: that of consequentialism, deontology, and virtue ethics. Ethical dilemmas arise when there is a conflict of values or when it is impossible to satisfy all of the needs of stakeholders. A good example of this relates to food insecurity and the growing crisis of malnutrition and obesity amongst the poorest inhabitants of America. Some have advocated limiting
In fact, over two million more families lived below the poverty line at the time of Murray's research than they had a decade before he published -- and this estimate may have even been conservative (Murray 1994, pp. 133). Regardless of the intentions behind American social policy and the welfare reform JFK called for that Murray alludes to in the chapter's opening, it is obvious that all such policies
Measure Value Vice Versa." - Joseph Stiglitz. Having started module question:" What purpose business? "You finish assignment links question individual level. IMPORTANT*** PLEASE ONLY USE THE READINGS / TEXT / MATERIAL FROM THE ATTACHED FILE COURSE READINGS AND TEXT. The Importance of Values on Decision Making The following pages focus on providing an analysis of the application of ethical in several types of activity. The Introduction presents the points-of-view used in
Gay marriage is a topical and controversial issue, as evidenced by the subject's coverage in the media, presence on ballot initiatives and the high visibility of the controversy in general. There are a few different ethical issues where gay marriage is concerned. To opponents, the primary ethical issue relates to concepts such as the sanctity of marriage and the survival of the species. For proponents, the ethical issues are greater,
The philosophy for example recognizes that more than one person is involved in the euthanasia process. The person in most physical distress is the one afflicted with illness and requiring euthanasia as a solution. What deontology does not recognize is the suffering of family members. Consequentialism also considers the suffering of family members, who are emotionally and mentally distressed by observing the long-term suffering of the ill person. They

subset: commoncrawl


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Women & Their Work is a visual and performing art organization located in Central Austin that serves as a catalyst for contemporary art created by women living and working in Texas and beyond. For over 38 years, Women & Their Work has brought groundbreaking art to Austin, with exhibitions, performances, and educational workshops. Visit the gallery to see what we do.
read more
Ana Esteve Llorens
Studies for Future Objects
November 17 - January 12, 2017


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January 11, 2011
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION,PLAINTIFF,v.VALLEY SLURRY SEAL COMPANY, A CALIFORNIA CORPORATION,DEFENDANT.
ANDREW L. PACKARD (State Bar No. 168690) ERIK M. ROPER (State Bar No. 259756) HALLIE B. ALBERT (State Bar No. 258737) Law Offices of Andrew L. Packard 100 Petaluma Boulevard N., Suite 301 Petaluma, CA 94952 Tel: (707) 763-7227 Fax: (415) 763-9227 E-mail: firstname.lastname@example.com firstname.lastname@example.com email@example.com ROBERT J. TUERK (State Bar No. 255741) Jackson & Tuerck P.O. Box 148 429 W. Main Street, Suite C Quincy, CA 95971 Tel: (530) 283-0406 Fax: (530) 283-0416 E-mail: email@example.com Attorneys for Plaintiff CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
WHEREAS, Plaintiff California Sportfishing Protection Alliance ("Plaintiff" or "CSPA") filed its Complaint in this action on November 15, 2010;
WHEREAS, Mr. Terry Uhler ("Mr. Uhler") is the manager of the facility at issue in this action and that in this capacity he directs the operations and maintenance of the facility, including Defendant Valley Slurry Seal Company's management of storm water at the facility;
WHEREAS, on or about November 8, 2010, Plaintiff provided notice of Mr. Uhler's alleged violations of the Federal Water Pollution Control Act ("Clean Water Act" or "Act") ("Clean Water Act Notice"), and of its intention to file suit against Mr. Uhler to the Administrator of the United States Environmental Protection Agency ("EPA"); the Administrator of EPA Region IX; the Executive Director of the State Water Resources Control Board; the Executive Officer of the Regional Water Quality Control Board, Central Valley Region; and to Mr. Uhler via Certified Mail, as required by the Act, 33 U.S.C. § 1365(b)(1)(A);
WHEREAS, the 60-day statutory notice period of the Clean Water Act Notice expired on or about January 7, 2011;
WHEREAS, Plaintiff has provided Defendant herein a proposed First Amended Complaint (attached herein as Exhibit A) which adds Mr. Uhler as a Defendant subject to the Clean Water Act-related claims contained therein;
THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff and Defendant, in the interest of judicial economy:
A. That Plaintiff shall be permitted to file its proposed First Amended Complaint adding Mr. Uhler as a defendant on January 10, 2010, or as soon thereafter as may be convenient for Plaintiff.
B. Defendants' response to the First Amended Complaint shall be electronically filed not later than twenty-one (21) days after Plaintiff files its First Amended Complaint.
Respectfully submitted,
Pursuant to Stipulation, and good cause appearing, it is ORDERED that Plaintiff is granted leave to file its proposed First Amended Complaint on January 12, 2011, or as soon thereafter as may be convenient for Plaintiff.
GARLAND E. BURRELL, JR. United States District Judge
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Transgender woman 1st to win office in Cuba
Associated Press
HAVANA (AP) – Adela Hernandez, a biologically male Cuban who has lived as a female since childhood, served two years in prison in the 1980s for "dangerousness" after her own family denounced her sexuality.
This month she made history by becoming the first known transgender person to hold public office in Cuba, winning election as a delegate to the municipal government of Caibarien in the central province of Villa Clara.
In a country where gays were persecuted for decades and sent to grueling work camps in the countryside, Hernandez, 48, hailed her election as yet another milestone in a gradual shift away from macho attitudes in the years since Fidel Castro himself expressed regret over the treatment of people perceived to be different.
"As time evolves, homophobic people _ although they will always exist _ are the minority," Hernandez said by phone from her hometown.
Becoming a delegate "is a great triumph," she added.
Because she has not undergone sex-change surgery, Hernandez is legally still a man in the eyes of the Cuban state: Jose Agustin Hernandez, according to the civil registry. Hernandez, who switched back and forth between feminine and masculine pronouns when referring to herself during an interview, said she hasn't made a decision to seek an operation but doesn't rule it out either.
Hernandez won office in early November by taking a runoff vote 280-170. Her position is the equivalent of a city councilor, and her election makes her eligible to be selected as a representative to Parliament in early 2013.
For years after the 1959 Cuban Revolution, authorities hounded people of differing sexual orientation and others considered threatening, such as priests, long-haired youths and rock `n' roll enthusiasts. But there have been notable changes in attitudes toward sexuality.
"I would like to think that discrimination against homosexuals is a problem that is being overcome," Fidel Castro told an interviewer some years ago.
Since 2007 the island has been covering sex-change surgery under its free health care system. Last year a gay man and a transsexual woman whose operation was paid for by the state garnered headlines for their first-of-its kind wedding.
The country's most prominent gay rights activist is Mariela Castro, Fidel's niece and current President Raul Castro's daughter.
As director of Cuba's National Center for Sex Education, Mariela Castro has instituted awareness campaigns, trained police on relations with the lesbian-gay-bisexual-transgender community and lobbied parliament to legalize same-sex unions.
Born in a sugar town in central Cuba, Hernandez was disowned by her family and said it was her own father who reported her to authorities, leading to her imprisonment. She had to change towns and defend herself physically from attacks.
Over the decades she found work as a hospital janitor, then as a nurse and most recently as an electrocardiogram technician. She also established herself in the community and as a longtime member of her neighborhood watch committee, which helped her win acceptance and laid the groundwork for her election.
"My neighbors know me as Adela, the nurse," Hernandez said. "Sexual preference does not determine whether you are a revolutionary or not. That comes from within."
As an elected official she promised to advocate for her constituents' interests, but said she also wants to be a voice for gay rights.
"I represent a community but I will always keep in mind the defense of gays," Hernandez said.
Andrea Rodriguez on Twitter:
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
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Greetings from Gary Thursday, 06 October 2011
Gentlemen's Dinner
The annual Men's Section Dinner took place last Friday. The event, kindly sponsored by Andy Rocky and SIP Nordic, was a true success. Unlike previous years, the evening started early with an entertaining trick shot show by Paul Barringdon. This was enjoyed by all members of the club, with some miraculous shots being witnessed. Congratulations to Mike Priest who won the long driving competition! After the trick shot show, the men had a three course meal in the Duckworth Suite and were entertained by after dinner speaker, Graham Poll, who was absolutely fantastic, sharing his experiences as an international football referee.
Oliver Flag
The last order of merit event was played on Saturday. The aim of the Oliver Flag is to shoot under your handicap and then carry on playing in until you have no extra shots remaining. After some great advice from Graham Poll the previous evening, Matt Worthington produced a fine approach into the first green to take the trophy. Matt was the lowest gross on the day so was a deserved winner. Darren Thorpe produced a great round of golf reducing his handicap to six, giving him three extra shots down the first. Unfortunately, he had to settle for second as he finished just outside Matt's 6 foot approach. With both Ben Harding and Keith Parnell finishing on the green, a foot decided the third position, with Ben achieving the honour. Paul Waite hit a great shot off the first tee to seal fifth position.
Ladies' Stableford
In this week's Ladies' Stableford, Jan Hill and Annie Norman were the stand out players – both with fantastic scores of 40pts. It was Jan who took the Silver Division title with a count back victory. Jan Brown-King came in third with a very creditable 37pts. The Bronze One Division was a tight affair with Liz Harding winning with 35pts. Sandra Royston was a shot further behind in second place with Vera Perrott a further shot back in third. Carol Gregory won the Bronze Two Division with 34pts beating second place Pat Gordon by three shots. Becky Murrin was a further shot behind in third.
Last Chance: Can You Help?
I would really like you, if you haven't already, to follow the link below (or click here) and take part in the largest ever survey of golfer's equipment preferences.
When you have, or if you have already completed the survey, can I ask you to post the following link to your Facebook account (if you have one) and see if you can get your friends to fill the survey in.
If you could also forward this email to your golfing buddies, I would be really grateful.


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February 11, 2009
THE PEOPLE & C., APPELLANT,v.ANTHONY ROMEO, RESPONDENT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
The question raised by this appeal is whether the People's lengthy post-indictment delay occasioned by delaying their prosecution in favor of a Canadian prosecution violated defendant's constitutional right to a speedy trial. Applying the five-factor speedy trial analysis articulated in People v Taranovich (37 NY2d 442 [1975]), we conclude that it did and therefore affirm.
In November 1985, a fatal shooting occurred in the victim's Fire Island home, in Suffolk County. Ballistics evidence taken over a year later indicated that a gun belonging to defendant was the murder weapon. In February 1987, Suffolk County Court ordered defendant to provide a DNA sample to compare with DNA obtained from hair the victim had in his hand when he died. Defendant's attorney scheduled a date for his client to surrender to Suffolk County law enforcement officials and to provide a sample of his DNA for comparative testing.
On the scheduled date, March 5, defendant, armed with a gun, absconded to Canada in his car. On March 8, a Canadian constable pulled the car over for speeding. Defendant pulled his gun, and shot and killed the officer. He then discarded the firearm and reentered the United States, making his way to Boston, where he was arrested at Logan International Airport while attempting to board a plane to Florida. He was arraigned on the Canadian warrant before a federal magistrate and held without bail pending extradition to Canada. Pursuant to court order, Suffolk County law enforcement authorities came to Boston and obtained hair and blood samples from defendant that matched the hair strands found in the victim's hand.
On March 27, a Suffolk County grand jury indicted defendant on two counts of murder in the second degree (Penal Law §§ 125.25 [1], 125.25 [2]) and the People filed a warrant to detain him in the United States. On April 1, while defendant was still in federal custody, he made the first of a series of formal demands to the People for an immediate arraignment and trial on the Suffolk County indictment. He made a similar demand to the United States Department of Justice, asserting his constitutional right to a speedy trial.
On May 15, a Canadian official wrote a letter to the Suffolk County District Attorney's Office stating options available under the existing extradition treaty between the United States and Canada that would enable defendant's return to the United States after a Canadian conviction. The letter was encouraging in tone, but did not offer assurance that a prompt return would be arranged.
On May 29, defendant, still in federal custody, but now in Missouri, filed an order to show cause in Suffolk County Court demanding a writ of habeas corpus to be produced for arraignment in Suffolk County before his extradition to Canada. The People argued that defendant would suffer no unusual delay in facing trial in Suffolk County by being tried in Canada first apparently under the mistaken belief that defendant would immediately be brought back to Suffolk County after his trial in Canada. On June 17, Suffolk County Court denied defendant's application, holding that the People could defer prosecution on the Suffolk County murder charges. The court cautioned the People, however, that any delay caused by allowing the Canadian prosecution to proceed first could result in a violation of defendant's rights to a speedy trial, redress for which defendant would be free to pursue at a later time.
The People still elected to defer prosecution. Defendant was extradited to Canada, where he was tried and convicted of the constable's murder. He received a sentence of imprisonment of twenty-five years to life with parole eligibility in 2011. The People never sought extradition to Suffolk County.
On July 23, 1999, twelve years after having been indicted for the Fire Island murder, defendant moved in Suffolk County Court to dismiss the murder indictment on constitutional and statutory speedy trial grounds. The court denied the application. Six years later, in November 2005, defendant was brought back to Suffolk County following amendments to the Canadian-United States Extradition Treaty that allowed for the "borrowing" of defendant from Canada. Defendant was arraigned on the Suffolk County indictment and, in February 2006, entered a guilty plea to manslaughter in the first degree and was sentenced to a term of imprisonment of seven to twenty-one years to be served concurrently with the Canadian sentence. Defendant appealed, asserting that the nineteen-year post-indictment delay deprived him of his constitutional right to a speedy trial.
The Appellate Division reversed the conviction and dismissed the indictment, holding that the People's delay violated defendant's right to a speedy trial. The court took into consideration only the twelve-year delay in prosecution, from 1987 until 1999, when defendant filed his speedy trial motion. The Appellate Division reasoned that the People's decision to defer their prosecution in favor of the Canadian prosecution and failure to make an extradition request to Canada, even though it was unclear that Canada would have denied the request, caused the extended delay in prosecution. A Judge of this Court granted the People leave to appeal and we now affirm.
A criminal defendant's right to a speedy trial is guaranteed both by the Sixth Amendment to the United States Constitution (US Const, 6th, 14th Amends) and by statute (CPL 30.20; Civil Rights Law, § 12). Violation of this right results in dismissal of an indictment (see Strunk v United States, 412 US 434, 439-440 [1973]); People v Taranovich, 37 NY2d 442, 444 [1975]).
The term "speedy trial" must be evaluated in the context of a sensitive balancing of several factors, with no one factor being dispositive of a violation, and with no formalistic precepts by which a deprivation of the right can be assessed (see Doggett v United States, 505 US 647, 651 [1992]; Taranovich, 37 NY2d at 445-445). The five factors to be considered are: (1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charges; (4) any extended period of pretrial incarceration; and (5) any impairment of defendant's defense (see Taranovich, 37 NY2d at 445). The balancing of these factors must be performed carefully in light of the particular facts in each case (see People v Vernace, 96 NY2d 886, 887 [2001]).
The first factor, the extent of the delay, is of critical importance because "all other factors being equal, the greater the delay the more probable it is that the accused will be harmed thereby" (Taranovich, 37 NY2d at 445). There is no specific temporal period by which a delay may be evaluated or considered "presumptively prejudicial" (see Doggett, 505 US at 652). Where the delay is lengthy, an examination of the other factors is triggered, and the length of delay becomes one factor in that inquiry (see id.).
Here, the delay between the indictment and the filing of the speedy trial motion was an extraordinary period of twelve years (see Doggett, 505 US at 658 [81/2-year delay was "extraordinary"] [internal quotation omitted]; Barker v Wingo, 407 US 514, 527 [1972] [51/2-year delay was "extraordinary"]) People v White, 32 NY2d 393, 398 [1973] [4-year delay violated the defendant's right to a speedy trial]; People v Winfrey, 20 NY2d 138 [1967] [41/2-year delay]. Although not in itself decisive, the twelve-year delay requires close scrutiny of the other factors, especially the question of why the delay occurred. It was the People's burden to bring defendant to trial in a timely fashion (see Smith v Hooey, 393 US 374, 383 [1969]). The genesis of this extraordinary delay was the People's decision to defer their prosecution, allowing defendant to be sent abroad for a foreign murder prosecution, and then failing to make an extradition request to Canadian authorities, which, if granted, might have mitigated the length of the delay.
Soon after the filing of this indictment, defendant made repeated demands to be arraigned in Suffolk County before being sent to Canada. Additionally, during a hearing to determine whether defendant could be prosecuted in Canada first, Suffolk County Court cautioned the People that their decision might cause a speedy trial violation. Thus, even prior to their decision to defer prosecution, the People had been placed on notice that their decision might violate defendant's constitutional speedy trial rights, as defendant was already making claims that he was being prejudiced by the delay. In the face of these warnings, the People still allowed defendant to be prosecuted abroad before even arraigning him on the Suffolk County murder indictment.
The People argue that the correspondence they received from Canadian officials justified their decision to defer prosecution and the ensuing lengthy delay. Defendant does not suggest that the People acted with bad-faith, which obviously would weigh heavily in favor of dismissal of the indictment (see Doggett, 505 US at 656). But even if acting under the mistaken belief that defendant's presence could be obtained in Suffolk County promptly after the Canadian trial, the People still knew or should have known that there was no guarantee that defendant would be brought back to Suffolk County in a timely manner. They were advised that the extradition treaty in effect would have enabled the People to request defendant's extradition, which the Canadian authorities had the discretion to grant or defer until the completion of defendant's sentence. The People were required to, at the very minimum, make such a request for defendant's return. By deferring prosecution and choosing not to attempt to extradite defendant, the People ran the risk of a speedy trial violation.
The fact that a defendant is incarcerated outside of the State makes it incumbent upon the People to make diligent, good faith efforts to secure his presence in the state for arraignment and trial (see Hooey, 393 US 374, 383 [1969]). Where the defendant is incarcerated in another country, failing to make an extradition request has been one factor that courts have viewed as evidencing a lack of diligent efforts on the part of the prosecution in bringing defendant to trial promptly (see United States v Pomeroy, 822 F2d 718, 721-722 [8th Cir 1987]; United States v McConahy, 505 F2d 770, 773-774 [7th Cir 1974]). Of course, where the foreign country demonstrates its clear intention to deny an extradition request, the People are under no obligation to make a futile gesture. But nothing in this record demonstrates that a request here would have been futile, and thus this case differs from cases where an extradition request would clearly fall on deaf ears (see United States v Blanco, 861 F2d 773, 778 [2d Cir 1988] [Colombian government repeatedly refused to extradite Colombian nationals]; United States v Walton, 814 F2d 376, 379 [7th Cir 1987] [Swedish officials denied informal requests from the United States State Department to extradite the suspect]). An extradition request might have led to cooperation in securing defendant's return to Suffolk County (see Pomeroy, 505 F2d at 721-722 [because it was at least possible that Canada would have honored an extradition request, the prosecution's failure to make an extradition request evidenced a lack of diligent efforts to secure the defendant]).
The third factor applies to the underlying charges. Although this case involves the grave offense of murder, the level of offense does not trump a defendant's right to a speedy trial. As we stated in Taranovich:
"Of course, this is not to say that one's right to a speedy trial is dependent upon what one is charged with, but rather that the prosecutor may understandably be more thorough and precise in his preparation for the trial of a class C felony than he would be in prosecuting a misdemeanor" (37 NY2d at 446).
Here, the People do not claim that any delay was a result of time needed for pre-trial preparation. The 12-19 year delay is entirely the result of defendant's incarceration in Canada.
The fourth factor, whether there has been an extended period of pretrial incarceration, is not significant in this case. Defendant was initially detained on a warrant filed by the Canadian government. He has been held at all times thereafter pursuant to the Canadian charges, never on the Suffolk County indictment alone. At no point during his prosecution on the Suffolk County charges has he faced additional incarceration from those charges.
The fifth factor is whether or not there is any indication that the defense has been impaired by reason of the delay, such as difficulty in gathering evidence and locating witnesses (see Barker, 407 US at 532). Such concerns are exacerbated where the defendant is incarcerated in a foreign jurisdiction.
Here, it is highly likely that the defense was "impaired" (see Hooey, 393 US at 374) by defendant's incarceration for many years in a foreign prison where it would have been difficult for him to participate in his own defense, confer with counsel and contact witnesses. Defendant claims that he had psychiatric problems and might have presented a defense based on a lack of criminal responsibility by reason of mental disease or defect. This type of defense would have required defendant to establish his mental incapacity at the time of the offense. The ability to do this was clearly hampered by his incarceration abroad.
We conclude that the Appellate Division properly balanced the Taranovich factors and that the prejudice caused by the post-indictment delay, as a result of the People's decision to allow defendant to be tried in Canada first and the subsequent decision not to seek defendant's extradition to Suffolk County, violated defendant's constitutional right to a speedy trial.
Accordingly, the order of the Appellate Division should be affirmed.
Order affirmed. Opinion by Acting Chief Judge Ciparick. Judges Graffeo, Read, Smith, Pigott and Jones concur.
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Julia Louis-Dreyfus
Actress + Comedian
Born Jan 13, 1961
Julia Scarlett Elizabeth Louis-Dreyfus is an American actress, comedienne and producer, well known for her roles in Seinfeld, The New Adventures of Old Christine, and her current series Veep. She is also the voice of Atta in A Bug's Life. She was one… Read More
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Browse recent news and stories about Julia Louis-Dreyfus.
Interview: Al Gore On Commiserating With Hillary, Fake News, And Trump's Climate ViewsYahoo News - 3 days ago
Political Shows You Should Have Been Watching This Election SeasonHuffington Post - Nov 07, 2016
Julia Louis Dreyfus Backs Clinton For Climate StanceCNN - Nov 02, 2016
Emmy Awards: Spotlight On DiversityHuffington Post - Sep 20, 2016
Learn about the memorable moments in the evolution of Julia Louis-Dreyfus.
1961 Birth Born on January 13, 1961.
1979 18 Years Old Louis-Dreyfus spent her childhood in several states and countries, in connection with her stepfather's work with Project HOPE, including Sri Lanka, Colombia, and Tunisia. She graduated from the Holton-Arms School in Bethesda, Maryland in 1979, and attended Northwestern University in Evanston, Illinois. … Read More
1982 21 Years Old Louis-Dreyfus was subsequently made into a cast member on Saturday Night Live from 1982 to 1985, becoming the youngest female cast member in the history of the program at that time. … Read More
1985 24 Years Old Following her 1985 departure from SNL, Louis-Dreyfus appeared in several films, including the Woody Allen-directed Hannah and Her Sisters (1986); Soul Man (1986), starring C. … Read More
1987 26 Years Old While at Northwestern, Louis-Dreyfus met future husband and Saturday Night Live comedian Brad Hall. Hall and she married in 1987. … Read More
1988 27 Years Old In 1988, she was cast in the NBC sitcom Day by Day, which aired for two seasons before being cancelled. … Read More
1996 35 Years Old … In 1996, she received the Primetime Emmy Award for Outstanding Supporting Actress in a Comedy Series, an award she was nominated for on seven occasions. … Read More
2000 39 Years Old Louis-Dreyfus supported Al Gore's 2000 U.S. presidential bid, and also endorsed Barack Obama's bid for the presidency in 2008 and 2012. … Read More
2005 44 Years Old In 2005, Louis-Dreyfus was cast in the title role of a new CBS sitcom The New Adventures of Old Christine. … Read More
2006 45 Years Old 3 More Events
The series debuted on CBS in March 2006 to an audience of 15 million and was initially a ratings winner for the network. … Read More
2007 46 Years Old In 2007, Louis-Dreyfus reprised her role as Gloria on The Simpsons, which she had first originated in a 2001 episode, in the episode "I Don't Wanna Know Why the Caged Bird Sings".
2008 47 Years Old She appeared on the series once more in the 2008 episode "Sex, Pies and Idiot Scrapes".
2009 48 Years Old 1 More Event
In the fall of 2009, she appeared with rest of the cast of Seinfeld in four episodes of the seventh season of Larry David's sitcom Curb Your Enthusiasm. … Read More
2010 49 Years Old 3 More Events
The following year, Louis-Dreyfus received the 2,407th star on the Hollywood Walk of Fame on May 4, 2010, for her remarkable contribution to the broadcast television industry as both an actress and a comedian. … Read More
2011 50 Years Old 1 More Event
In May and June 2011, Louis-Dreyfus teamed up with husband Brad Hall for her first short film, Picture Paris. … Read More
2012 51 Years Old 2 More Events
Following the success of the first season, Louis-Dreyfus was named by the Huffington Post as one of the funniest people of 2012, asserting that she is the "most magnetic and naturally funny woman on TV since Mary Tyler Moore."
2013 52 Years Old 1 More Event
2015 54 Years Old In November 2015, she starred in an Old Navy TV commercial with Kumail Nanjiani and Snoop Dogg.
2016 55 Years Old 1 More Event
… In 2016, Time named Louis-Dreyfus one of the 100 most influential people in the world on the annual Time 100 list. … Read More
Original Authors of this text are noted on http://en.wikipedia.org/wiki/Julia_Louis-Dreyfus.
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Odoo Help
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Only edition of its customers
HI, i would like to make an access rule for my internal users, that makes unavailable the option for edition on the field: "customers" to other users, only their own. However they need to still see all registered clients.
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Lineco 32 x 40" Kensington Mounting Board is a pack of 10, ivory high-quality boards that can be used for everything from home use to museum and gallery presentations. This 100% rag board is wonderful to cut and features excellent appearance characteristics and surface quality.
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