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Echoes of Power, Part I: Anger
Larger Summary than FFnet's tiny allowance:
Harry mysteriously disappeared at the age of six, and then benefited from years of tutoring by an old family friend. With the return of Voldemort, it is finally time for a fifteen-year-old, well-trained, sarcastic and somewhat cynical Harry to take up his place at Hogwarts. Life at Hogwarts, however, is not always what Harry anticipated. There, secrets are told, allies are discovered, and the journey to power begins. Completely AU.
Preface A/N to Echoes of Power at FanFiction-net:
You may or may not have read this elsewhere. Chapters 1 through 20 were posted originally at SIYE, and all subsequent chapters are posting in multiple locations – but this remains a WIP. This version is a re-edited one, with some of the earlier terms (blatant Americanisms) fixed, as well as some smoothing of rough transitions. If you have not previously read this work, I hope you enjoy it. If you have previously read this, please rest assured that no plot details are being changed in any way. The story framework simply will not allow such. A huge round of thanks to the full beta team working on this story.
That said, I wish to bring your attention to the fact that this is an AU story. It's very much an AU story. The characters have the same names, but not the same histories, as in JKR's canon. That means that if you can't handle the fact that all of the major characters are going to behave differently – for they now have different motivations, different histories, and correspondingly different dreams – then you probably want to go read something else.
If you find you don't like what you're reading, it's quite simple: stop reading. Go read something else. I don't want to hear complaints about any shipping in the story, or how once-upon-a-time you read a story that had a good/bad/whatever characterization of someone, and now you can't stand / always want to have some character in the story. Really. I don't care. This story will not change the plot because you ask me to, no matter how you ask.
For those that wonder why the preface A/N is so strongly worded here at FFnet, let me explain that there is a growing trend of character bashing JKR's creations based on fanfic readings. Some people read so many poorly written stories involving character X, eventually coming to hate that character, that they then become jihadist in their efforts to make everyone else share their view. Those that refuse to share their view become targets of harassment and so forth. It's really quite pathetic.
However, as I have been repeatedly targeted during the writing of this story, I'm trying to fairly warn everyone off that tends to fall into that category. (Really, how hard is it to understand that if you don't like it, just stop reading?) I have disabled anonymous reviews and PMs due to the harassment levels involved. I don't need this type of disclaimer for the other sites I publish at (see my author page for details). Ultimately, the illusion of anonymity that the Internet provides (and FFnet contributes to for how they handle accounts) has led to this situation where people feel that social norms shouldn't apply to their abnormal behavior and views. Some of the chapters in this story carry A/Ns that are downright patronizing, but they are targeted to select groups that do the most harassment and have warning labels on them accordingly.
If you're still here and still interested in giving this story a go, by all means have at. You may run across some things that feel "cliche" or the like -- but you'll need to consider how may cliches I am re-using versus how many other stories have copied what you'll find here. This story was completely plot-sketched in 2005, with chapter posts begun during 2006, and several readers have pointed out how many things I introduced have become commonplace now. There are elements I borrow from others, but you'll see credit given when that happens.
Part I: Anger
Chapter 1: Playing Nicely With Others
1 September 1995
"Mind if we join you?" the gangly red-headed boy asked. The only occupant in the compartment – a black-haired boy in plain black robes – shrugged in reply. "Thanks!"
The peace and quiet of the compartment was then lost as the tall redhead was followed by a bushy-haired brunette and a slightly chubby boy of medium height with dark hair. Another redhead, this one a smaller girl, and a honey-blonde girl brought up the rear, closing the door behind them. After a few moments of chatter and confusion as trunks and other things were stowed away, the two redheads and the brunette sat across from the black-haired boy while the blonde girl and chubby boy sat beside him.
"Hi, I'm Ron Weasley, by the way!" the redhead said, extending his hand.
The dark-haired boy looked at the proffered hand for a moment, then reached out and shook it with a grip that clearly that surprised the redhead.
Jerking a thumb at the girl sitting across from him, Ron said, "That's my sister, Ginny." He then pointed to the brunette beside him and said, "This is Hermione Granger. Try not to let her questions run you ragged." Everyone chuckled slightly at this, while Hermione shot Ron a dirty look. "That's Neville Longbottom and Hannah Abbot." The two sitting next to him nodded in turn.
The black-haired boy nodded to each of them in turn as they were introduced. "I'm Harry."
Hermione shot Ron another dirty look before turning back to Harry. "I didn't know Hogwarts took transfer students. Where are you from? What year are you in? We're all fifth years."
Harry gazed curiously at Ginny, then at Ron before asking, "Fraternal?"
While Ron and Ginny looked at Harry in confusion, Hermione laughed. "No, they're not twins. Ron's birthday is in early September like mine, but Ginny's is in mid-August. Hogwarts will only accept you if you're eleven years old before the first of September."
"Twins?" ask Ron. "What sort of barmy question is that? Do we look like twins? I'm a boy, for Merlin's sake, and she's a girl!"
Harry smirked at Ron and gestured toward Ginny. "Trust me, I realized that she's a girl. Now if you were one, you would've had to be one of the ugliest girls I've ever met."
Ginny let out a muffled chuckle while Neville and Hannah started laughing outright.
Hermione smacked Ron in the back of the head. "No, Ron! Fraternal twins! It's when two eggs are fertilized at the same time. Identical twins, like Fred and George, or Parvati and Padma, are the division of one egg. Fraternal twins never look alike and frequently aren't the same sex."
Ron looked confused, as did Ginny and Neville. "What? Twins that don't look alike? Is that some kind of Muggle thing?"
It was Hermione's turn to look puzzled. "What do you mean? Have there never been fraternal... err, non-identical twins in a magical family before?"
Ginny shook her head.
"That's impossible! I'll have to ask Professor McGonagall about it. Surely it's happened at least once... unless the magic is why... but Muggles... Squibs…?" Hermione trailed off, muttering to herself about what the implications of magic itself causing identical twins might be.
Ginny looked back at Harry and asked, "Are you going to answer Hermione's questions?"
Harry winked at her. "Sorry, I don't know how to use magic to make twins. I just know how to make them the old-fashioned way."
Ginny glared at him while Hermione continued to stare into space; Hannah giggled. Neville merely shook his head as though in resignation.
Harry shrugged and ignored the reactions. "I've been, err, home-schooled, I suppose. I don't know what year I'll be in if it's based on ability. But if it's just based on age, then I'll be a fifth year too." Harry looked at Neville. "Do they test for natural gifts before choosing which class to put you in , or just let you find out as you go along?"
Neville shook his head. "I've never been tested, and I haven't heard about anyone else being tested. Have you been tested?"
Harry decided that that bit of information was definitely not getting out. "Err, no, I've just heard of it."
Hannah leaned back a bit before entering the conversation. "Why were you home-schooled? Everyone I know who got letters of acceptance to Hogwarts actually went to Hogwarts! Only the best students can attend! I know there are other schools, but they're a lot smaller and don't have Hogwarts' reputation."
"Oi! Home-schooled! That means no Quidditch!" exclaimed Ron with a horrified look. "That's just wrong!"
Harry just shrugged in response. "It's a pretty complicated story, and I'd rather not get into it. There were really good reasons for it at the time, reasons that have stopped being so valid recently, so... here I am." The abrupt termination to this line of inquiry seemed to put Hannah off but only seemed to perk Ron's and Ginny's interest.
"Ooooh," said Ginny. "You've got secrets... I can't wait to tell Fred and George. You'll be on your knees begging to confess before they get finished with you!"
Ron laughed at her, and motioned for Harry to come closer.
"Fred and George are our brothers. They prank anyone, anytime, anywhere, for any reason. And they pride themselves on finding out every secret…." Ron smirked at Harry before continuing. "If we were to just happen to let slip that you have major secrecy issues, well, it's not like we would be doing anything to you, is it?"
Harry chuckled. "So, the Weasleys like to ferret out deep dark secrets, do they? You do know that the ferret is part of the weasel family?" Most of the group laughed. "You're welcome to tell Fred and George. Make sure to mention to them that if they want to pull pranks, I'm certainly not going to take it lying down - I will retaliate and escalate."
"Harry, Harry... you have no absolutely idea what you're getting into, here." Neville shook his head mournfully. "I've been pranked by them ever since I started at Hogwarts. What shall we put on your gravestone? 'Here lies Harry, he thought he could prank the Weasleys'! It doesn't sound too good to me. What's your last name, by the way?"
The conversation stopped abruptly when the sliding door to the compartment was thrown open after the merest suggestion of a knock. A pale blonde boy with pointed features stood in the doorway.
"So, is it true? My father said that Harry Potter would finally be on the train to Hogwarts, and this is the last compartment to check. That would be you, I suppose?" the boy asked, looking directly at Harry after glancing around at the others.
Harry merely quirked one eyebrow, inviting further information. Everyone else in the compartment just stared in shock, either at the blonde or at Harry.
The blonde boy smiled broadly, strongly implying somehow that he knew that Harry had yet to identify himself to the others. This seemed to further shock the other students who must have thought the blonde incapable of anything but sneering. "I'm Malfoy. Draco Malfoy. I'd like to help you adjust to the Wizarding world. After all, there are those of us with a lot more history in the Wizarding world than some others I could mention, and I'd like to help you learn about all the traditions and important things. Interested?"
The blonde boy may have been smiling and speaking politely, but Harry could feel a certain undercurrent in his statements. Looking Malfoy right in the eye, he asked, "And how could what you offer be any better than just reading the introduction to A Modern Guide for Life in Magical Europe?"
Hermione shot Harry a funny look, but Harry was not about to admit to Malfoy that he had just made up the book title on the spot.
Malfoy smirked in a superior manner. "That old book? Surely you realize that the author had far less knowledge than many of the old families possess. So you can see that it would be better for you to learn the truth about things in person. After all, very few families have as rich and as glorious a history to draw on as the Malfoys." His smug expression clearly indicated that only a complete idiot would refuse such unrivalled generosity. Harry just laughed under his breath at Malfoy's implication that he had read a fictitious book.
Malfoy then gestured to the two hulking boys behind him. "My friends, Crabbe and Goyle. They're also from proud families with a long and noble tradition."
Harry studied the way the two boys positioned themselves and realized they were less friends and more muscle to be applied as directed. The two boys eyed Harry up and down before nodding briefly at him. Harry wondered if they were atypical in the magical world and actually knew how to fight as opposed to just looking imposing. Most of the magical people whom he had encountered in, or out of, fights had been completely hopeless when faced with someone who knew what they were doing.
Harry looked back at Malfoy. "Let me see if I understand what you're saying. I'll sum up, shall I?" The blonde gave a decisive nod, as though commanding a particularly obedient dog. Harry gave him a bland smile. The others in the compartment looked quite worried that Harry was smiling, as it probably seemed very likely to them that he would follow Malfoy out. After all, Harry had never once smiled like that with any of them.
"You, Draco Malfoy, are offering to tutor me in the history and customs of the Wizarding world, to make sure I don't do something against one of your taboos." Harry paused while the blonde nodded.
"You, Draco, son of a Death Eater, proponent of racism and bigotry, will offer to be my best mate in order to report back to your Death Eater father and incompetent half-blood lord and master what I'm doing and am capable of." Malfoy started turning red as Crabbe and Goyle moved to stand next to their brain rather than behind him.
"You, slime ball extraordinaire, are suggesting that those of less than so-called pureblood and substantial wealth are barely worthy of being peasants in your new order. So you're also offering to try and brainwash me into your tripe-laden beliefs. I believe, after no reflection at all, that I'd have to say that's a big no in reply."
Turning away from Malfoy, who had become almost Weasley-haired-red in his embarrassment and anger, Harry looked at Ron and continued their conversation as though they had not been rudely interrupted. "So, what were you saying about Quidditch, Ron?" Ron just continued to stare at Harry, slack-jawed in amazement.
Malfoy hissed vehemently and ground out through gritted teeth, "You'll meet the same end as your parents, Potter. Your days are numbered. Just remember that I offered you the chance to be truly great."
Harry merely laughed at the blonde and dismissed him with the merest flick of his hand. "Run along now, Draco dear. You're about as big a threat as a well-bred miniature poodle, and your efforts at intimidation are pretty pathetic – and that is erring on the side of generosity."
This proved to be too much for Malfoy, who gestured sharply at Crabbe and Goyle. The two large boys immediately stepped in front of him and started to reach out for Harry.
Moving faster than anyone else in the compartment, Harry shot to his feet, forcing the two boys to stop and refocus on his new location.
"If any of you try to touch me or use magic on me, I am publicly warning you – I will treat you as life-threatening attackers and respond accordingly. So back off." The cold and menacing tone of his voice would have given any reasonably sane person pause, but it just seemed to bounce off the trio of Death Eater sympathisers.
Malfoy sneered. "Time for a bit of a lesson in humility, Potter."
Crabbe and Goyle each took one step forward to crowd Harry, but even before Ron, Ginny or Neville could reach for their wands, Harry exploded into action.
His right foot shot forward and around, slamming into Goyle's jaw. The pretend thug stumbled backward, straight into Malfoy. As Crabbe threw a punch, Harry deflected it and trapped it in his own right hand, forcibly drawing the arm to full extension. Harry's left forearm came down in a hammer blow and slammed through the boy's elbow, pushing it far beyond mere hyperextension. Crabbe's scream of pain as he fell was silenced as Harry's left knee slammed into the back of his head.
Malfoy pushed Goyle off of him and both boys got to their feet while Harry was turning to continue the attack, leaving Crabbe to fall unconscious. Malfoy was just drawing his wand as Harry took on the other thug mockery. With a planted left foot and locked hips, his right heel shot out to the centre of Goyle's face with a powerful thrust. The sickening crunch was accompanied by a bright scarlet spray of blood from where his nose and teeth had once been. While Goyle fell backward, bouncing off the wall, Malfoy's arm shot forward as he screamed, "Diffindo!"
Harry spun slightly to Malfoy's left side as his left arm knocked Malfoy's wand hand toward the ceiling. The Slicing Curse cut a deep trench through the ceiling of the compartment. Harry's right palm seized Malfoy's chin, forcing the head straight up and backward. Malfoy completely lost his balance and fell hard against the corridor wall, and Harry jerked the wand from Malfoy's grasp with his left hand. Switching Malfoy's wand to his right hand, Harry laughed at the blonde.
"Ooooh, would you look at that, the pureblood Death Eater sycophant who licks the arse of a half-blood tyrant got his own arse kicked by a half-blood who didn't even need to use magic."
The corridor was filled with other students, no doubt attracted by the screams from Crabbe and the sounds of a fight. Several gasped in apparent astonishment at the sight of the Prince of Slytherin leaning on the wall, completely humiliated.
Malfoy surged up in anger and threw a punch at Harry. Harry blocked the pathetic attempt with his left arm while driving his right hand forward at Malfoy's chest. The blonde's wand shot off sparks and started hissing as Harry used it as a spike to nail Malfoy's shoulder to the wall. The blonde boy started screaming in pain, eyes widening in horror as Harry casually snapped off the bit of wand left sticking out. Harry tossed the wand fragment at the boy's feet with a snort of disgust.
"Here's your lesson, Death Eater-boy. Don't try to attack me again, or I promise you, I will kill you. I do hope you enjoy the rest of the trip, Draco." Harry stalked back into his compartment and threw the bodies of Crabbe and Goyle out of it. Glaring at Malfoy's piteous moans, Harry grunted in irritation. "If you don't shut up, I'll be forced to magically silence you. Stop whinging, you big girl's blouse. Act your age and not your shoe size. " Malfoy obviously gritted his teeth in an attempt to stop moaning in pain and just sat sniffling and breathing heavily. Harry then slammed the door closed, effectively scaring off any would-be questioners.
Wiping some of Malfoy's blood from his hands and onto his trousers, he looked back at some openly surprised people in the compartment, who were clearly in various stages of shock, some even half-in and half-out of their seats. Harry sat back down casually, "What were you saying about Quidditch again, Ron?"
"You... you... you're Harry Potter?" Ron asked in a whisper.
Harry just sighed, looked at them all, and flipped his hair up to expose the scar.
"Blimey!" muttered Ron. Ginny said something very quietly that suspiciously sounded like "Eeep!" while Neville just leaned away from Harry looking scared. Hermione's eyes became bright and focused on Harry, while Hannah had gone as pale as a ghost.
"I've read about you! You're in–" Hermione began.
"It's all bollocks, Hermione. Just because you read it in a book somewhere doesn't make it true, you know. I've read everything that the standard books on the subject have said about me, and it's all complete tosh. Anything you read about me specifically was totally fabricated and has no basis in reality." Harry stared at her while she slowly reddened.
Sighing again, Harry concentrated on the scenery passing by the window. "Look, we were getting along perfectly fine before you found out that I'm some supposed mythical magical saviour. No one really knows why that event happened, and I certainly don't think it's right for me to take the credit for my parents' sacrifice. So can you all please just forget all that Boy-Who-Lived rubbish?"
A rather heavy silence settled over the compartment. Harry sighed in resignation. He just knew that actually living in the magical world was going to be very challenging to his limited patience and tolerance for stupidity. One of these days he was going to have to let go of his frustrations, but not today.
"Err, why didn't you come to Hogwarts before?" Hermione asked slowly.
Harry just shrugged as he was rapidly becoming accustomed to doing and repeated himself. "I already told you that it's complicated. Maybe someday we'll talk about it, but maybe we won't." Harry decided the safest place to rest his eyes was on the ceiling; that way, he was less aware of the intense scrutiny of the other people in the compartment.
"Harry?" Ginny asked quietly.
"How did you learn to fight like that?" Harry could hear the indrawn breath of several of the students.
"I've been in training for years. It's something in general called martial arts, but my particular fighting style is aikijujitsu. It's what the traditional Japanese samurai trained in a long time ago." The silence permeated the compartment.
"Harry?" Ginny started again.
"Is it possible... uh, would you consider... uh, teaching that?" Ginny paused before continuing in a rush. "I'd really like to learn."
"Why?" Harry asked, still staring absently at the gash in the ceiling left from Malfoy's curse. Based on the depth and length, Harry suspected it would have been fatal to more than just he had he not knocked Malfoy's arm out of the way.
A sudden rustling of shifting bodies caused Harry to look back at the other students. Everyone seemed distinctly uncomfortable. Ginny was staring at the floor, and Hermione looked a little scared. Ron was clearly trying to figure out how to talk about something when Neville spoke up.
"There have been a lot of... altercations... over the past four years. There is a professor who is... less than fair, and he's the head of Slytherin House. No matter how physically aggressive his students get, he will never punish them and the Headmaster just ignores the problem." Neville shrugged awkwardly. "If we try to fight back with magic, we get into trouble. A couple of times when we've... been a little physical in response, we haven't been reprimanded. Problem is, none of us really know how to fight very well."
Harry looked closely at the eyes of each student. He saw mostly despair and frustration, but there was a glimmer of hope. "You want me to teach just you lot?" Harry asked.
Hermione shuffled her feet and cautiously replied, "Well, Malfoy and his crew kind of run over everyone else as well... would you consider teaching others who want to learn too?"
Harry put his head in his hands and sighed again. "Look, I haven't agreed to teach anyone yet. I'll think about it, alright? If I see any kind of crap going on, I'll definitely put a stop to it. I think I can handle Draco and his cronies. If Snape is such a problem, he's likely to be hard to work around. I'll think how to do that. Good enough for now?"
Ginny smiled weakly. "We'll ask you again in a few days, shall we?"
Harry nodded briefly. "Can you tell me just how far this problem has gone?" he asked.
Now everyone except Harry was looking at the floor. Harry made an executive decision to wait them out and resumed his intense study of the ceiling damage.
"Well," Ron started quietly. "A lot of us have learned to travel in groups. The – uh – pureblood supporters are left alone, but almost everyone else…." Ron tapered off, looking out the window.
Neville picked up where Ron left off. "There are rumours of beatings, or... ahh... overly affectionate advances, you know?" Harry looked at Neville impassively. Neville appeared a little ashamed about the situation. "We've complained to the professors, to the Heads of our Houses, but nothing ever really changes. Last year, well, people who complained ended up making a lot of involuntary visits to the hospital wing." Neville rubbed absently at his left arm, which made Harry think he had suffered some of the more aggressive behaviour himself.
Harry looked directly at Ginny, who was still looking at the floor. "Ginny." She glanced briefly at Harry before averting her brown eyes again. "Ginny, please look at me." Ginny, with visible reluctance, lifted her gaze to Harry, her face blushing slightly. "Why haven't you fought back in other ways? Ambush? Physically kicking the living crap out of them? Sabotage? Anything?"
Ron opened his mouth, as did Hermione, but Harry shot his hand out, palm facing them. Harry only wanted to hear Ginny's response.
A sharp rapping on the compartment door caused everyone to look at the door, where a pretty Asian girl was looking through the glass. Ginny got up and opened the door. "Cho," she said while nodding briefly.
Cho stepped in and glanced at everyone before settling her gaze on Harry. "Err, you're Harry Potter, yes?" she asked hesitantly.
Harry glanced at the shiny badge on her robe and realized that she must be some kind of authority figure among students. Nodding briefly, he waited to find out what was coming.
"Err, look, regardless of what I feel about it, I've been ordered to come and collect you for what you did to Malfoy and his boys. You've got to come with me, okay?"
Harry shrugged, waved vaguely at the other students and followed Cho to the front of the train.
As the door was closing, Harry heard Hermione asking Ron, "What were those silver emblems on the shoulders of his robes…?" Harry smirked, looking forward to how the Headmaster was going to explain to his students what was coming.
The staff was already aware of his arrival, and Harry was pleased to see that some of his preparations would be coming in quite handy within a few hours. He was somewhat surprised Malfoy had ignored the embroidered mace on his left shoulder and the dagger on the right, given all his prattling about tradition and history.
As Harry passed several compartments, he noted the many grinning faces. Several students looked up as he passed to give tentative nods or smiles. A pair of twin red-headed boys gave him a thumbs-up gesture and a mocking salute.
"Uh, Cho, wasn't it?" Harry asked the pretty girl. She looked at Harry and nodded. "I thought people were anxious or hesitant when I watched them milling around on the platform, but now they all seem to be smiling. Why? It's more than just being happy about going back to school, isn't it?"
Cho laughed quietly and said just one word. "Malfoy."
"Ah, I see." Harry reflected for a few more moments before realizing that the new train carriage which they had stepped into had compartments which seemed to be filled with green-trimmed students, who were all either outright hostile in appearance or carefully neutral in expression. "The Slytherins seem rather concentrated," Harry noted as they left the carriage.
"They don't believe in mingling with their inferiors," Cho replied. Finally she stopped outside the very first compartment on the train. "You're going to be Portkeyed to Hogwarts with Malfoy and his two sidekicks. Professor Snape is waiting for you in there. Best of luck." She smiled briefly at him. Harry nodded at her and stepped into the compartment.
A tall but stooped professor with matted black hair which looked a little unclean glared at Harry as he entered. "Potter... we meet at last," he said in an icy tone, a deep sneer on his face. "Attacking other students and you're not even at school yet. I'll see you expelled for this, I think."
Harry deliberately yawned at the professor, completely underwhelmed at the feeble attempt at intimidation. As Harry continued to look impassively at the man that was flexing his jaw muscles silently, he suddenly felt a slight brush against his mental shields. Yelling inwardly in triumph, Harry merely raised one eyebrow and waited for the man to realize he was doomed to failure. After all, Harry had shields constructed after extensive training by the best tutors money could buy for five years now. Nothing could get in; Harry's mind was immune even to attacks from co-ordinated multiple opponents.
Glaring hard at Harry, Snape apparently gave up his efforts and pointed to the rope which connected the three injured and unconscious students. "Take hold of the Portkey. We're going to Hogwarts now."
Harry shifted his gaze to the tall man with a shaved head and dark skin standing in the corner. Snape briefly flicked his eyes in the same direction. "Auror Shacklebolt will be accompanying us. You didn't think a vicious assault on students would go unpunished, did you?"
Harry lazily grabbed the rope and watched as Snape waited for the Auror to touch it. Snape then tapped his wand against it, whisking them all straight to the hospital wing.
Harry landed lightly on his feet and took a quick glance around the room. The matron of the hospital wing was standing nearby and quickly levitated the three injured boys into beds to begin working on them.
"We're going to the Headmaster, Potter." Snape pointed to the doors and barked at Harry, "Move, or I will force you." Harry merely rolled his eyes and gestured for Snape to precede him.
Snape turned sharply, his cloak billowing behind him, and stalked through the doors. Harry followed at a quick pace, hearing the tall Auror fall in behind him, and started considering how to manage Snape.
Considering what Ginny and her friends had told him, Snape was a major part of the problem with individuals like Malfoy. It was people like Snape who, either directly or indirectly, encouraged the blood purity dogma which was poisoning the magical world in Europe. The man's casual use of Legilimency was illegal, and Harry was curious how much rope he could provide Snape to hang himself with. At the very least, Harry felt he could fill quite a few evenings and weekends finding ways to improve Snape's behaviour or, failing that, to induce a stroke or some other debilitating condition. Prison suddenly seemed like a kinder alternative for the man as Harry considered the point.
Harry and his two escorts cum guards entered the office space of the Headmaster, who nodded briefly to apparently acknowledge the adults' presence. Dumbledore looked at Harry for a long moment and then pointed to the lone chair in front of his desk. As Harry sat down, Dumbledore pointed to each person in the room in turn. "Mr Potter, these are Professor Sprout, the Head of Hufflepuff House; Professor Snape, whom you have met, is the Head of Slytherin House; Professor Flitwick, the Head of Ravenclaw House; and Professor McGonagall, the Head of Gryffindor. Senior Auror Shacklebolt is here as an official witness and, if necessary, will press charges and arrest anyone who may be found to require trial or expulsion. Is this quite clear?" The twinkle Harry had heard so much about was nowhere evident in the Headmaster's eyes. Harry nodded his acceptance.
The Headmaster surveyed Harry and then continued in a very serious tone. "Mr Potter, you are being accused of the attempted murder of three students. You will be charged and arrested if you cannot justify your actions to us."
Snape looked ready to murder with his bare hands. "Headmaster! There were witnesses! Why are we even having this discussion?! Potter should be expelled, his wand snapped, and charged with attempted murder!"
The Headmaster glanced at Snape briefly before looking at the Auror. "Kingsley, as Head of the Wizengamot, I would like to request that you commit your memories of these events to a judicial Pensieve for later examination by the full Wizengamot in case any trial may be necessary. Is this agreeable to you?"
"Yes, Professor Dumbledore, it is" Harry was mildly surprised that the tall Auror had a quieter voice than he had expected – it was not the rumbling bass one would expect from such a physically powerful character; his voice was soft and, in some ways, almost melodious.
"Very well. First, Mr Potter, I would like to hear the events that transpired from your point of view. Please be aware that you will be subject to questioning, and anything you say here may be used in evidence against you, should the decision be made to go to trial as a result of what has happened today on the Hogwarts Express."
Harry casually surveyed the people in the room. Sighing slightly, Harry thought it was high time to start cleaning up things around Hogwarts. "Headmaster, before I do that, I would like to officially confirm what Hogwarts will do to any student who makes an attempt to violently assault another student. This is separate to whatever the Ministry or the Law may pronounce. The Head of Slytherin, your Professor Snape, indicated that the prescribed punishment included expulsion and wand snapping. Would you please confirm that what I have been told is correct?"
Dumbledore looked momentarily surprised before his features settled back into a blank mask. In turn, each of the respective Heads of House agreed as Dumbledore asked their opinions. Any student found guilty of such an offence would be expelled and their wand snapped if found guilty. Snape seemed to be positively gloating.
"Okay, now is that just for today's little scrum, or would that apply to all students at all times when they are officially in the care of Hogwarts, be it on the train, field trips, classrooms, or what not?" Harry was listening carefully as he was looking forward to using this conversation many times in the future.
Once again, the assembled professors and the headmaster all agreed with this comment.
"Excellent! Then I'm happy to say that, first I am innocent of all such charges, and that I also expect to see Malfoy, Crabbe, and Goyle expelled and their wands snapped very shortly!" Harry sat back with a serious look on his face.
Hearing this, Snape lost whatever composure he may once have possessed. "What the devil are you talking about, Potter? Your delusions or fancy stories won't save you now. We have over a dozen witnesses to your vicious and unprovoked assault on Draco Malfoy, a highly-respected senior student in this school!!"
Dumbledore held a hand up to silence Snape and looked very carefully at Harry. "Do you have any evidence of this?"
Harry grinned at Snape, winked slyly at Dumbledore, and reached into his robes to withdraw a small, silvery orb, no larger than a Muggle golf ball. "This is one of my many sensory monitors. I usually have one running all the time. As I am sure you all know, this device will record everything I see and hear in an unalterable format which is admissible as courtroom evidence." Harry paused here to savour Snape's rather sallow complexion growing even sallower. "Few people seem to recall that these monitors also record magical activities, such as the signature of spells cast. Correct me if I'm wrong, Auror Shacklebolt, but is it not the case that most Aurors carry these whilst on duty and surrender them to the department at the end of every shift?"
Shacklebolt stirred slightly. "In the case of Senior Aurors, yes, you are quite correct. However, most junior Aurors do not carry them, as the time it takes to review so many monitors is considered an excessive drain on manpower within the department. Aurors on special assignments, such as investigations, are an exception to that general rule however. We use them because, unlike Pensieve memories, they cannot be altered or tampered with in any manner which does not visibly alter the sphere."
Harry nodded politely to the Auror. Snape was now chalk white, and Dumbledore's eyes had recovered some of their legendary twinkle. Harry handed the sphere to the Auror and asked him, "Could you please verify that this sphere remains unaltered and confirm to us that it has not been tampered with?"
The Auror spent several minutes examining the sphere closely and casting a series of spells on it. It was clear to everyone in the room that all the tests were negative and that the sphere was in perfect condition. Shacklebolt handed it back to Harry. "It's fine. No tampering has taken place. My own sensory monitor has recorded these tests, and I would like to request that you allow me to copy yours when this meeting is finished."
Harry nodded in affirmation. Pulling out his wand, he set the sphere on the edge of Dumbledore's desk and then looked directly into the headmaster's eyes. "I started this recording when I arrived outside the entrance to the King's Cross station. I will now play it back. I beg your indulgence, as I've never learned how to speed up the playback, so unless someone here knows how to skip to the relevant place, we're going to have to watch about thirty minutes of unrelated activity before the events under investigation transpired."
Dumbledore pulled out his own wand and smiled at Harry. "Please allow me, Mr Potter. With your permission, I can adjust the playback rate. Just tell me when the events will begin to unfold." With a flick and jab of his wand, the sphere projected a scene of bustling Muggles in front of King's Cross station. As Dumbledore made erratic motions with his wand, the playback accelerated to nearly ten times normal rate.
Harry watched passively until the train got underway and then motioned to the headmaster. "If you could slow it down a bit, it won't be long now." Dumbledore dropped the playback rate to a mere thrice normal, and Harry tried to recall the conversation on the train. "Right about now, sir," Harry said, "if you would be so kind...?"
Dumbledore gave a final flick with his wand and the sphere returned to normal, projecting what Harry was seeing as well as hearing. Those assembled watched in silence as Malfoy and his followers attacked Harry, despite his public warning, and how Harry defeated each of them soundly.
When Malfoy sprang up to continue the attack and Harry drove the wand into his shoulder, Professor Sprout let out a short gasp. Immediately after playback-Harry slammed the door to the compartment closed, Harry looked at Dumbledore. "Please stop it here but don't reset the playback. There will be more we need to discuss after we deal with your expulsion of Draco Malfoy and his cohorts."
Meanwhile, Snape was staring at Harry and Dumbledore with his mouth open in shock like a fish out of water. Shacklebolt showed no emotion, but Harry had the distinct impression that he was privately quite entertained. Dumbledore, however, was closely watching Harry, and while his mythical twinkle was not immediately apparent to a casual observer, there was no doubt that some of that twinkle was definitely present.
"Well," the Headmaster started, "it seems that Mr Potter was defending himself from a vicious attack. It seems to me that Mr Potter is quite correct; based on our earlier agreement, Mr Malfoy, Mr Crabbe, and Mr Goyle should face expulsion and wand-breaking. Does anyone disagree with this?"
Harry looked up. "I do. I would also like press charges against Draco Malfoy for at least six attempted murders – if his curse had hit anyone, it would have, in all probability, been fatal to the targets, and based on the damage to the roof of the compartment, it would have definitely killed more than one person."
Snape was clearly fuming by this point. "Come now, Mr Potter, that curse could never have been fatal."
Harry merely pointed to the playback, which showed a deep gash across the metal ceiling of the train compartment. "That 'non-fatal' curse gouged a two-inch wide and several-foot-long gash in solid steel. I would not like to imagine what it would have done to someone's body." Harry looked contemptuously at Snape. "Auror Shacklebolt, do you not agree that, at a minimum, I can press charges of six counts of attempted murder on Mr Malfoy and attempted assault of my person on Mr Crabbe and Mr Goyle?"
Shacklebolt simply nodded his head. Dumbledore look resigned to the situation. "Very well, Mr Potter. I hereby declare those three students are expelled and that their wands to be snapped. Furthermore, I remand them into the custody of Auror Shacklebolt for processing as soon as this meeting is over. Is there anything else related to these events which we need to deal with, or may we release Auror Shacklebolt now?" Dumbledore was looking expectantly at Harry, as though there was nothing else to be discussed.
Harry looked at Snape with a large, fake smile. "Oh yes, there is one other thing. Auror Shacklebolt, is it still the law that any attempt to use Legilimency on another without their consent or a direct order from the Wizengamot is an offence punishable by at least a one thousand Galleon fine and a week in Azkaban?"
Snape became motionless, as the Auror gave Harry a hard stare. "It is. Why?"
Harry smiled even more broadly at Snape. "Is it also still true that to perform these acts upon a minor without said authorisation or a legal guardian's consent makes the fine ten thousand Galleons, the prison sentence six months, and an automatic restraining order for the perpetrator so that they cannot be within fifty yards on all minors when not closely monitored by an Auror?"
Snape was now looking frantically at Dumbledore, who was frowning sharply at Harry. Shacklebolt, however, had no choice but to reply, as his own sensory monitor was activated upon entering Hogwarts so that all of these events would be used for evidence. "Yes. Are you accusing someone of these acts?"
Harry looked right at Dumbledore before nodding his head. "Professor Snape attempted Legilimency on me when I was taken to him on the train. I hereby officially declare that I would like to press those very charges against him. If you would be so kind as to advance the playback, you will see the evidence in the sensory monitor. As you all should know, Legilimency will cause a unique azure blue aura to appear around the caster and an aura of gold around the recipient. You will see that Professor Snape did attempt Legilimency upon me without any warning or consent, and that I am clearly still a minor as all the world is aware."
At this statement, there was absolute silence in the room. Even the phoenix in the corner was completely motionless. Dumbledore looked at Harry and almost gave the impression of begging with his eyes. "Mr Potter, are you quite sure that you wish to press charges against Professor Snape? He has many important duties, many of which simply cannot be performed by anyone else."
"No one man is an island, Headmaster." Harry offered the Headmaster a slight frown as he considered Dumbledore's request. "I will press charges. I am asking you again, as Chief Wizard of the Wizengamot, to advance the playback to the point where your Professor Snape attempted Legilimency upon me, in defiance of the law, and to bear witness to his unlawful behaviour."
With a resigned sigh and an obviously cautionary look at Snape, Dumbledore adjusted the playback on the sphere until everyone could easily see the indicated auras and the ample evidence completely damning Snape.
Auror Shacklebolt stepped up to Snape and extended his hand. "Severus Snape, I hereby charge you with unlawful mental assault upon a minor without provocation or authorisation. Hand me your wand, and I'll accept your word of compliance to accompany me to the Ministry along with the students already being charged."
Snape gave Harry a glare of such pure loathing and profound hate that Harry was surprised that the phoenix failed to react in any way. Handing his wand to Shacklebolt, Snape stared hard at Dumbledore before moving toward the door.
"One moment," called Dumbledore. "Is there anything else, Mr Potter?"
Harry shook his head. "No. Auror Shacklebolt, please make a copy of my monitor, as I wish to retain the original in my possession for safekeeping."
Shacklebolt produced a second sensory monitor, placed it next to Harry's and cast a short charm. The new sphere glowed bright yellow for what felt like two minutes or so before it returned to its usual silvery colour. Everyone in the room was silent in the awkward moments involved. Finally picking up his copy of the monitor orb, Shacklebolt nodded to everyone and went to stand by Snape at the door.
"Mr Potter," Dumbledore began, "if you would please wait here for a few minutes. I must accompany Auror Shacklebolt to the hospital wing to hand out the punishment to your attackers, and then I will be back. There is much I wish to discuss with you. Is this acceptable? It will be some time yet before the other students arrive."
Harry nodded his head indicating that this was. Dumbledore looked at the other professors. "Minerva, as Deputy Headmistress, I need you to join me. If the rest of you wouldn't mind waiting here, we will return shortly. Feel free to ask the house elves for refreshments."
To make it clear, I have tampered with the birthdays of Ginny and Ron compared to JKR's canon – yes, they are both in fifth year.
Canon Birthdays: Hermione, Sep 1979; Ron, Mar 1980; Harry, Jul 1980; Ginny, Aug 1981.
AU Birthdays: Hermione, Sep 1979; Ron, Sep 1979; Harry, Jul 1980; Ginny, Aug 1980.
I will state it here for the record since this chapter (and future chapters) uses phrasing that is deliberately ambiguous regarding what has been "going on" at Hogwarts: Ginny was not raped.
A big thank you to my genius betas who have valiantly strived to make this story better, despite my crafty attempts to make it incomprehensible. So, immeasurable thanks to cwarbeck and Chreechree. Thanks to Reg for Brit-picking, to Sovran for a sanity check plus tweaks, and Sherylyn for her polishing touches before it gets uploaded. Parakletos gave a thorough once-over for the re-editing process to be sure we missed nothing (or at least, as little as possible).


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Recently GKC got to be on the other side of the kitchen counter and attend a cooking class /birthday party for a friend.
It was a lot of fun…good company, great food, new recipes. Something caught my eye on the table -big, fluffy, fresh-smelling, and very inviting challah rolls, piled in baskets. Normally, GKC doesn't wash for weekday lunch but those rolls just needed to be tasted. They wafted homemade as they called out my name. They looked so light but, seriously, who makes challah on a Wednesday? Even for a birthday? Were these going to be part of the class?
GKC was smitten and went in for the kill… Wow! Delicious, light, homemade-tasting and gorgeous with the perfect muffin shape and a twist on top, almost like a cream puff.
Okay, GKC needed to know who made them. Was it a neighbor, the cooking instructor, my friend – who was the woman behind this challah??!! … Little did GKC know, the secret chef was…a man named Laizer. And here's the kicker: these challah rolls as well as large challahs (regular and whole wheat) are made, available and delivered each week by Laizer's bakery, the Solash Challah Bakery in the Five Towns.
The Who?
Laizer Solash, owner and head chef/baker at Solash Challah Bakery, bakes and delivers challah, challah rolls, sandwich rolls, and specialty sizes to the New York area each week (free delivery to the Five Towns, Rockaways, Ocean Side and Great Neck) – sorry out-of-towners, but maybe if you scream loud enough Laizer will figure out a way to get some to you…
Laizer started the business just a few months ago when a friend suggested that if he pursued his passion, he'd find success.
GKC asked and received some tips on baking beautiful and delicious challahs every time. "One of the keys to great challah making is in the rising. Here's a tip: they need humidity to rise beautifully every time. If you have a proofing oven, great, but I can't imagine that every home owner has a proofing oven in their kitchen, so an alternative would be to run the dishwasher for a cycle with no soap. When it's done, place the challahs in the pan that they will be baked in, and put them in the dishwasher on a tray until they rise above the pan. Take them out and bake as your recipe instructs. Let them cool on a cooling rack, serve and wait for the compliments to follow!"
Try this with your favorite recipe or better yet, take a break and order one for Shabbos, or many for your next event. Call 718-337-6706 or email them at email@example.com

subset: commoncrawl


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Bathing Completes the Shedding Process…naturally.
Date: 06/10/2013
It's true! Bathing may be even more important to the shedding process, than previously considered, as it does not only cleanse our skin of dirt and other external debris, it completes the natural process of desquamation, sweeping away spent and finished epidermal cells.
What exactly is desquamation?
The epidermis is a self-renewing system. Old cells (or 'squames') are shed from the skin surface as new cells ('keratinocytes') are produced, in the underlying epidermis, and pushed outward into the stratum corneum (the outer most layer of the epidermis) to become 'corneocytes'. This process is known as desquamation.
In the recent past, it was thought that the process of desquamation initiated the progressive breakdown ('proteolysis') of proteins forming structures, called 'corneodesmosomes'. These protein forming structures link adjacent 'corneocytes' to one another. We know know this prior model does not fully account for desquamation, because the cells detach well above the sites where these junctions are degraded. In other words, proteolysis of corneodesmosomes may be necessary for desquamation, but it is not sufficient to complete the entire shedding process.
Instead, recent studies show that cells detach following hydration. Water swells the extracellular spaces and separates adjacent corneocytes. As the water evaporates from between corneocytes, it is replaced by air, which eventually allows individual cells to detach from the skin surface.
What does this mean for the ichthyosis community?
There's no question – for those affected by ichthyosis, frequent bathing is now even more important, as it is not only the best way, but the most natural way to remove dry scales and skin – and, most importantly, more frequent bathing can ease the distress of ichthyosis, making day to day life much more comfortable.
Resource: Peter M. Elias, MD. http://eliasandwilliams.com/what-allows-skin-to-shed/.
For more information on the permeability barrier, the most critical, life-enabling function of skin, visit the FIRST page on the Inside Out of Skin a groundbreaking website developed by Peter M. Elias, MD, and Mary L. Williams, MD.


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Why does Moscow support anti-Russian policy of current Serbian authorities?
To overthrow mullahs by Twitter: A new "Maidan" forced upon Iran
Color of Armenian velvet: Moscow's "benevolence" and Pashinyan's "lessons"
After the Nord Stream 2: will Russia invade Ukraine or Sweden?
"Shameful" dependence: Poland hushes up growth of gas import from Russia
Failure of Trans-Atlantic solidarity: Iran just top of the iceberg
Reorganization: "USA puts Georgia to the firing line"
Serbian minister calls to rethink foreign policy priorities
Uzbek president in Washington: What did they promise and what asked for?
Daron Acemoglu – useless "guru" for economy of Armenia: opinion
Russia-Pashinyan-Turkey: Aliyev "put on hold"
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Intentionally private, Dismals Canyon - in keeping with its pristine surroundings - offers a quiet and unspoiled oasis in Alabama's last secret hiding place. A secluded wilderness filled with natural phenomena tucked deep within the foothills of the Appalachian Mountains.
Dismals Canyon - located in Northwest Alabama - is an 85 acre Natural Conservatory privately owned and operated. It is not a State Park or National Park. However, it was designated a "National Natural Landmark" in 1975 by the National Natural Landmarks Program. NNLs are administered by the National Park Service, U.S. Department of the Interior.
"Encourage and support the voluntary conservation of sites that illustrate the nation's geological and biological history, and to strengthen the public's appreciation of America's natural heritage."
Rainbow Falls
by Brent Holman
Through the heart of the canyon flows "Dismals Branch", a winding stream that enters the canyon with a roar through "Rainbow Falls".
A 1.5 mile hiking trail on the canyon floor follows the stream through skyreaching boulders, past thundering waterfalls, into a secret world of mossy-green and pearl gray filled with ferns and giant trees.
Bluff by Daryl Forester
Summertime finds Dismals Canyon cool and inviting. The temperature runs some 14 degrees below Alabama's summer average. There are no mosquitoes, flies, or poison oak.
Along with hiking and swimming - Romantic Cabins can be rented, Secluded Campsites are available, and a Country Store offers supplies, and includes a Soda Fountain & Grill.
Guided night tours allow visitors to view the glow-in-the-dark creatures known locally as Dismalites.
Development has been designed for tranquility and serenity and does not include big concrete RV pads/parking, man-made swimming pools, or Goofy Golf Courses, etc. Recreation is exploration of the natural environment.
Your visit is a step back to a time when the earth was clean and the water was clear. Aside from the necessary clearing of the trails, the canyon is now - as it has been for centuries - completely natural.
offered by appointment year round.
Available to cabin guests, day guests & campers.
We are now taking appointments at our new massage room. 48 hours notice requested for massage appointments.
September 2016
October 2014
July 2014
Take a walk back in time at our NEW Soda Fountain & Grill located inside the Country Store.
You'll likely work up an appetite after you've hiked the canyon floor, and we'll be glad to serve you and your taste buds during your visit.
The Soda Fountain & Grill is conveniently located in the Country Store, on your way out of (or into) the canyon.
Watch this short video that explains what the National Natural Landmarks Program is and how it works.
Dismals Canyon from Taylor L. Holland on Vimeo.
In 2006 a Hellbender (giant Salamander) was found at Dismals Canyon. It is currently the most recently encountered hellbender in Alabama, and one of only three specimens that have been found in the state in the past twenty years. It's about 2 feet in length.
The organization Alabama Partners in Amphibian and Reptile Conservation (www.alaparc.org) has initiated a conservation effort (Alabama Hellbender Initiative) to assess the status of hellbenders in Alabama.
Located about 30 miles east of Dismals Canyon in Bankhead National Forest. The Sipsey Wilderness area is one of only two designated wilderness areas in the state of Alabama. It covers approximately 25,000 acres, making it the third largest east of the Mississippi River.
Admission is charged for entrance to the conservatory. Everyone must register & get a wrist bracelet.
We are not wheel chair accessible
No Picnicking Permitted
Dismals Canyon is a SMOKE FREE environment.
DO NOT remove, destroy or disturb any flora, fauna, rocks, etc.
Violators will be punished to the fullest extent allowed by Law.


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As the 109th Congress begins its work, Fr. Frank Pavone, National Director of Priests for Life, made the following appeal:
"The United States Senate is charged by the Constitution to give advice and consent to the President of the United States when he nominates judges for our nation's federal courts. With the possibility of changes on the Supreme Court in the near future, and given the increasing number of vacancies in the court system, this is more urgent than ever.
"Senate Democrats have made history in their obstruction of this Constitutional process, simply because some of them find the religious and ethical beliefs of some of the President's nominees unacceptable. What matters more, however, is that so many Americans find this Democratic obstructionism unacceptable. We intend to monitor closely the behavior of Senate Democrats in this regard, and will make it an election issue in 2006. We will inform every Catholic priest in America of the details of the obstruction, especially when it involves anti-Catholic bias.
"Moreover, we call upon Senate Republicans to carry forward whatever action is necessary to restore the proper traditions of the Senate so that it may carry out its Constitutional duties free of ideological captivity."


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Proprietary Trading
On Feb. 13, 2012, the bank submitted an official comment letter to its regulators, including the OCC, expressing concern that the creditderivatives trading might be prohibited by the Volcker rule. In the letter, Barry Zubrow, a former risk officer who retired in December, wrote that under the proposed Volcker rule this activity "could have been deemed proprietary trading."
Also, Ina Drew, former chief investment officer for the bank, told Braunstein the day before the April earnings call that the Volcker rule was a "poor fit" with the CIO's credit derivatives trading; Braunstein said the opposite on the call the next day.
"Mr. Braunstein's optimistic assessment during the April 13 earnings call may have reassured investors, but that is no justification for misinforming the public about the bank's official position that the Volcker rule might prohibit the SCP as an example of high-risk proprietary trading," the subcommittee report stated, referring to the bank's synthetic credit portfolio.
Volcker Violation
The report said that Braunstein should have known that his comments contradicted the bank's own 68-page Volcker rule comment letter.
In addition, the investigation found that the bank considered the unit a proprietary trading operation as early as 2007. In November of that year, the bank's internal audit group issued a report characterizing the CIO's credit-trading activities as "proprietary position strategies executed on credit- and asset-backed indices." The report didn't mention hedging as a purpose of the unit.
JPMorgan officials told the subcommittee that the trades were intended to function as insurance or to "hedge" against credit risks. Although the original document seeking approval for the synthetic credit portfolio outlined hedging as a goal, the bank was unable to produce documentation over the next five years detailing its hedging objectives, strategies, assets, risks or events it was supposed to hedge.
"The bank was also unable to explain why the SCP's hedges were treated differently from other types of hedges within the CIO," the subcommittee report.
Regulatory Action
Levin said the findings call for regulators to quickly complete the Volcker rule and strengthen it. Specifically, he said any allowance for banks to hedge should be documented and tied to a specific risk.
"We cannot allow the argument of the banks that they can hedge their entire inventory somehow where we get global hedges," Levin said at the news conference. "If they are going to claim that trades are a hedge, they've got to be able to identify what is being hedged against, what are the assets being hedged and what is the proof that it is a hedge."
JPMorgan's loss re-ignited the debate in Congress over whether aggregate portfolio hedging is appropriate at all and how to define and spot these trades.
"It has made regulators take another look at hedging and what constitutes appropriate hedging and what may fit within the Volcker rule limits," Satish Kini, co-chair of the Debevoise & Plimpton LLP's Banking Group, said in advance of the report's release.
'Ill-Advised Loopholes'
After the bank disclosed its losses May 10, Levin and Merkley sent a letter to five federal regulators urging them to remove "ill-advised loopholes" from the Volcker draft; regulators have yet to finalize the rule.
Merkley said the PSI report is another reminder for regulators to complete a "strong, simple Volcker firewall."
"JPMorgan's huge losses continue to cast a whale-sized shadow over these extended delays, and remind us once again just how important it is to separate risky, hedge-fund-style trading from the banking system that Main Street depends on," Merkley said in a statement.
Comptroller of the Currency Thomas Curry said in a June 2012 hearing that the JPMorgan incident was a "risk-management issue, regardless of whether or not the Volcker rule was in play."
"I think our experience here, as it unfolds with JPMorgan Chase, would help inform our views in the final rule-making," Curry said.
The subcommittee will hold a hearing on the findings today with witnesses from the bank, including Drew and Braunstein, and from the OCC, including Curry.
"The investigation of our Permanent Subcommittee on Investigations into the JPMorgan whale trades opens a window into the hidden world of high-stakes derivatives trading by a major bank," Levin said. "We found a trading operation that piled on risk, ignored limits on risk taking, hid losses, dodged oversight and misinformed the public."


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It's a great story. A 16-year-old girl gets discovered sipping a strawberry shake at Schwab's pharmacy.
(Actually, it might be a myth within a myth because some people say she wasn't even at Schwab's. See how illusions prosper!)
Anyway, that story creates the unhealthy myth association within each actor's psyche that when they move to L.A. (or N.Y.) they're going to be "discovered." And then when a few years go by and that hasn't happened yet, the actor thinks it's never going to happen, that they're doing something wrong, that they're talentless. And they stop trying.
The reality of a life in show business is that you need to just keep going.
And actually, that's life. Period.
I was at a restaurant the other night and started talking to this woman, Judy, who sells a new line of tequila. She told me how she's competing against these larger companies and brands that are more established and that she has to keep hustling and work hard to get her product to different bars.
So you see? You think having to forge forward and overcome obstacles is specific to your life. Or to being an actor? It's not. All people in all walks of life are faced with the same challenges.
Rejection is part of life no matter who we are, so stop sitting around waiting for someone to discover you. Get out there and start getting rejected. It's all numbers. That's how careers are made. Harrison Ford says it best:
"There is no way into acting; it's impossible. I knew that from the beginning. It's statistically impossible to make a living as an actor. You have to love it, and even your love for it is not going to make it happen. What is going to make it happen is luck and tenacity. I never made a living until I was 35 years old. I came out here when I was 24. But one thing I knew and recognized was that people all around me were giving up and going home. I just, quietly, never gave up."
Like this advice? Check out more from our Backstage Experts!


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Sorry Frank, can't award any points for looking it up on my own site! :wink:
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Keri Russell & Georgia King: 'Austenland' Premiere!
Keri Russell hits the red carpet at the premiere of her new film Austenland held at the ArcLight on Thursday (August 8) in Hollywood.
The 37-year-old actress was joined at the event by her co-stars Georgia King, Jennifer Coolidge, JJ Feild (with partner Neve Campbell), Jane Seymour, Bret McKenzie, James Callis, and Ricky Whittle.
Also in attendance at the premiere was Twilight author Stephenie Meyer.
FYI: Keri is wearing a Nina Ricci outfit. Georgia is wearing a Lorena Sarbu dress and LK Bennett shoes. Neve is wearing a Hugo Boss dress with Dana Rebecca Designs, Joan Hornig, and Melinda Maria jewelry.
35+ pictures inside of Keri Russell and others at the premiere…


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Brad Keselowski Homestead-Miami Speedway Event Preview
November 17, 2009
No. 12 Penske Dodge Charger
Homestead-Miami Speedway - Ford 400
November 22, 2009
No. 12 Penske Dodge Charger News and Notes
• This Week's Charger... The No. 12 Penske Dodge team will use chassis PRS-706 during Sunday's NASCAR Cup Series season finale event at Homestead-Miami Speedway. PRS-706 is a brand new chassis to the No. 12 Penske Dodge team.
• Double Duty... Driver Brad Keselowski will be competing in both the NASCAR Cup Series and Nationwide Series events at Homestead. In addition to racing the No. 12 Penske Dodge in Sunday's Ford 400, he will also drive the No. 88 JR Motorsports machine in Saturday's Nationwide Series event. Keselowski will battle with Carl Edwards for the championship runner-up position in this season's Nationwide Series. The 25-year-old driver trails Edwards by just 60 points heading into the season finale on Saturday.
• Follow Me on Twitter... Fans can now follow Brad Keselowski on Twitter at http://www.twitter.com/keselowskiweb. Fans can get a glimpse inside his everyday life while keeping up-to-date on the latest news for the No. 12 Penske Dodge team.
• Been Here Before... Keselowski has seen action in all three of NASCAR's top touring divisions at Homestead-Miami Speedway. In six starts at the venue, Keselowski has a best finish of third, which came last year in the Nationwide Series race at Homestead.
• Watch and Listen... The Ford 400 will be seen live on Sunday, November 22 on ABC-TV. Race coverage is scheduled to begin at 2:30 p.m. ET. The event will also be heard live on MRN Radio as well as Sirius Satellite Radio, channel 128.
Brad Keselowski on driving at Homestead-Miami Speedway
"I am really looking forward to this weekend. We are bringing a brand new car, which will be pretty cool. Homestead-Miami Speedway is an awesome track. You can run side-by-side because of the progressive banking, which is fun for both the drivers as well as the fans. Running the last three races in the No. 12 Penske Dodge has really been a success. It has given us a head start on next year. I have learned a lot about how we do things at Penske Racing. Coming into a new organization, half the battle is trying to understand the processes and I think I have a firm understanding on how and why we do things. I am really looking forward to the off-season and getting ready to race in Daytona."
Crew chief Roy McCauley on racing at Homestead-Miami Speedway
"Homestead-Miami Speedway is a great facility. The track is very unique and is a bit more forgiving than some of the other tracks we go to. We have made great strides with Brad [Keselowski] in the last three weeks. We had a really good car last week in Phoenix, but were caught up in a wreck. Brad was happy with the car and the adjustments we made during the race. He has done a great job integrating into the No. 12 team. He is an unbelievable talent and has a bright future in NASCAR."
Brad Keselowski NASCAR Cup Series Career Totals
Races Wins Top-Fives Top-10s Poles Money Won
16 1 1 4 0 $1,688,705
Brad Keselowski 2009 Totals
Races Wins Top-Fives Top-10s Poles Money Won
14 1 1 4 0 $1,521,855


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The pound strengthened for a fourth day against the dollar after a government report showed construction output increased in December, adding to evidence Britain's economic recovery is gathering pace.
Sterling extended its biggest weekly advance versus the greenback since June amid speculation the sale of a stake in Verizon Wireless by Vodafone Group Plc will lead to inflows into the U.K. currency. The pound has risen against all its 16 major peers this week as investors bet Bank of England Governor Mark Carney will have to increase interest rates as the economy improves. U.K. government bonds declined.
"We are constructive on the U.K. economy," said Valentin Marinov, head of European Group-of-10 currency strategy at Citigroup Inc. in London. "It's an environment that will support demand for U.K. assets and therefore sterling."
The pound gained 0.4 percent to $1.6727 at 4:05 p.m. London time, extending this week's advance to 1.9 percent, the most since the period ended June 7. It reached $1.6743, the highest level since May 2, 2011. The U.K. currency appreciated 0.4 percent to 81.82 pence per euro.
Sterling has jumped 12 percent in the past year, the best performer among 10 developed-nation currencies tracked by Bloomberg Correlation-Weighted Indexes, amid speculation an improving economy will bring forward interest-rate increases. The euro rose 5.7 percent and the dollar gained 2.9 percent.
Forward Guidance
Verizon Communications agreed to buy Vodafone's 45-percent stake in Verizon Wireless for $130 billion in September. The deal completion is expected on Feb. 21, with stock and cash payments due on Feb. 24 and March 4 respectively. Vodafone said on Jan. 28 its investors would receive about 1.04 pounds per share, based on Verizon's share price of about $47.64.
Carney revised the central bank's forward-guidance policy in the quarterly Inflation Report released this week. He replaced an unemployment threshold with a range of indicators, including spare capacity, as the means of assessing when the central bank might increase interest rates. The Bank of England raised its growth forecasts and now sees expansion of 3.4 percent this year, according to the Feb. 12 report.
Bank of England Chief Economist Spencer Dale said yesterday investors' bets that borrowing costs will increase within two years were reasonable.
Construction output climbed 0.2 percent in the fourth quarter from the previous three months, the Office for National Statistics said. That compares with a decline of 0.3 percent published in gross domestic product figures last month. Separate data today from real-estate researcher Acadata and LSL Property Services Plc showed house prices rose to a record in January.
Gilts Decline
The 10-year gilt yield rose one basis point, or 0.01 percentage point, to 2.28 percent, having increased nine basis points this week. The 2.25 percent bond due in September 2013 fell 0.085, or 85 pence per 1,000-pound face amount, to 95.405.
Gilts handed investors a return of 1.6 percent this year through yesterday, according to Bloomberg World Bond Indexes. Treasuries gained 1.6 percent and German bunds gained 2 percent.
The pound may rise toward $1.70 if unemployment data to be published Feb. 19 shows further strength in the job market, said Harry Adams, head of trading at Argentex LLP, a currency advisory company in London. The Bank of England will release minutes of this month's policy meeting the same day.
"If there are no surprises from the BOE minutes, and the unemployment figure is at least unchanged from the last reading, we will push through multiyear highs against the dollar, with $1.70 firmly in sight," Adams said.
The jobless rate was unchanged at 7.1 percent in the three months through December from the previous three month, according to a Bloomberg News survey before the Office for National Statistics releases the figures.
Copyright 2014 Bloomberg. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


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Loyal PSNH customers to pay more than those who switched, returnBy DAVE SOLOMON
New Hampshire Union Leader
April 09. 2013 10:49PM
CONCORD - If you left Public Service of New Hampshire for another energy supplier and had second thoughts, you could soon be welcomed back with a rate lower than the utility's loyal customers.
The Public Utilities Commission in a 2-1 ruling issued Monday authorized an "alternative default rate" for Public Service of New Hampshire customers who come back to the regulated utility from a competitive energy supplier.
Those customers will get a lower, competitive rate, while PSNH customers who stayed with the company will continue at the higher rate. Commissioner Michael Harrington, in a scathing dissent, said the move protects PSNH while damaging the competitive market that has lowered rates for consumers.
"The commission should not be in the business of favoring one energy supplier over others by authorizing discriminatory pricing as a substitute for prudent business planning and management, especially where the cost will be borne by ratepayers," Harrington wrote. "To step in as regulators and authorize an inequitable administrative rate for the same service to similarly situated customers for the purpose of attracting customers away from market competitors is simply contrary to our statutory mandate."
The consumer advocate, appointed to represent ratepayers on the commission, gave the idea a lukewarm reception. According to the ruling, Consumer Advocate Susan Chamberlin signed off on the deal because "customers would be better off with the settlement than without it."
The PUC staff said the settlement is a "just and reasonable resolution and is in the public interest."
Customers migrating
PSNH has been losing customers to competitive electric suppliers ever since low natural gas prices enabled them to offer a better deal.
While competitors can take advantage of the wholesale market prices, PSNH has to build other costs into its rates, such as the $422 million scrubbers installed on its coal-fired power plant in Bow.
Large commercial customers have been migrating to competitors ever since deregulation was approved 10 years ago. Residential customers only began to switch over in late 2012, but have been doing so in growing numbers.
The most recent data from the PUC shows that 47,191 PSNH customers, including 30,055 residential customers, have moved to a competitive supplier, representing 9.44 percent of all PSNH customers and 43.79 percent of all electricity delivered by the utility.
PSNH still delivers the power and bills the customer, but the revenue from the electric supply charge goes to the electric supply provider.
Downward spiral concern
With so many customers making the switch, the PUC has become concerned that the costs of the regulated utility will be spread over a shrinking customer base, thus increasing default rates even higher, forcing more migration to competitors, in a downward spiral for PSNH.
The Alternative Default Energy Service Rate, or ADE rate, would be offered only to PSNH customers who have "migrated" to competitive suppliers and are willing to return.
The ADE rate was proposed at 7.76 cents per kilowatt hour (kwh) in an earlier PSNH filing, still higher than some current competitive offers.
The PSNH default rate is now set at 9.54 cents per kwh, compared to competitors like ENH Power, now offering 7.28 cents per kwh guaranteed through Nov. 30.
PSNH has been under a PUC order since July 2011 to investigate the effects of customer migration and come up with a plan to deal with it.
The PUC had problems with the company's first proposal in 2012, but accepted the more recent filing as "just, reasonable and in the public interest."
The two commissioners who voted in favor of the alternative default rate, Chair Amy Ignatius and Robert Scott, cited their concern over the burden PSNH's remaining customers will bear, should migration continue at the current rate.
The ruling said the PUC is also mindful of the need to create a safety net, at a competitive rate, for customers left hanging if their competitive supplier goes into default, as happened to approximately 7,500 customers of PNE Energy Supply when that company had to suspend operations recently.
Default rate
If PSNH accepts the commission's terms for setting an alternative default rate, it will have to present the rate for approval by the PUC in the next 30 days for implementation on July 1, when any changes to the standard rate would also go into effect.
The alternative rate will be tested in a pilot program lasting a year and will be closely monitored, according to the PUC ruling.
Commissioner Harrington believes that the PUC decision will only encourage more people to move to competitive suppliers, as a way of guaranteeing themselves a lower rate should they ever return to PSNH.
"For PSNH to offer a discounted rate to attract customers back from competitive suppliers is anti-competitive," he wrote, "and the fact that the existing default service customers may subsidize those returning customers makes the proposed ADE unlawful, unjust and unreasonable."


text:
Press Quote:
★★★★★ Most addictive game since Angry Birds! - GameVillage
★★★★★ Cool "Tetris" Mechanics - Androidgaming
Do you like to play Tetris? Then "Gu Morning" is a game you won't want to miss!
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Use the blocks to build a path and fill up dangerous holes for Chick Gugu, guide him to his daddy Colonel Rooster so they can salute the rising sun together!
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Welcome to the newest update for Gu Morning!
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★30 new stages with Chinese New Year theme!
★Point, rotate and drop – the control is easy as do, re, mi!
★Volcano, Canyon, Barn themes and more! 120 stages of puzzling fun!
★Challenge your hand-eye coordination by handling blocks of all shapes and random bombs in 2 minutes!
★Incredibly cute journey with voice recorded by professional voice actress.
★Feel free to leave any comments, your opinion will help us make Gu Morning even better!
★★★★★"自憤怒鳥(Angry Birds)推出以來,最讓人欲罷不能的遊戲!" - GameVillage
★★★★★"非常酷的俄羅斯方塊玩法!" - Androidgaming
過年玩什麼?比麻將、撲克牌、骰子遊戲更好玩且更有挑戰性的《Gu Morning》,絕對是你最佳的選擇!
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★歡迎留下你對《Gu Morning》的意見,協助我們將遊戲打造的更好!


text:
You know, I have much of thinking about my door renovation. I want to make them looks as retro feels, since I was born in 80s century so that I'm willing to get my century's come back through my home. hence, I want to remake my door view, due to their condition right now, it's styled as glass door design. As you know, to hide anything inside house it must be enclosed by something. Abusing fabrics can be one solution of this matter. Then, I will come and remake my door view instead they haven't beauty anymore but I will reach its awesomeness with a bit touch from my craft.
Drapers or curtains are being necessary since you have glass door design. Indeed all of homes are having window in small or huge so that it must be hide with curtains fabrics. Then, what you should adhere on your drapers design? I will suggest you about the midcentury's themed anyway. Mid-century style is identically with patterned accent. In pastels condition, it has sophisticated look ever, obviously it designed with pattern too. The pattern is adhered in one tune, it means patterns in small or mid-size but it chases in groups. You may find many ways on creating the mid-century design for drapes its special aesthetic style become dreamed for those which want to make bit window or door treatment. In this stylish scheme, it has very kind pattern, never catchy and also delicate in color. Flowery, chevron or tribal might be that special pattern which can be fitted as drapes style's. if you are willing to take your curtains in this style, so check this gallery below and the pictures will serve more than hundreds inspirations. Its okay if you want the mid-century looked by your crafty-mind.
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Tuesday, 02 April 2013 05:01 AM
KABUL, Afghanistan — Senior U.S. military officials say an Afghan teenager has killed an American soldier in eastern Afghanistan by stabbing him in the neck.
Two officials said Monday that Sgt. Michael Cable, 26, was guarding a meeting of Afghan and U.S. officials in Nangarhar province when the stabbing occurred.
One of the officials estimated the attacker was 16 years old, but he escaped so the age couldn't be verified.
The official says the youth was not believed to be from the Afghan security forces so the Wednesday stabbing is not being classified as an insider attack.
Both officials spoke on condition of anonymity because the investigation is ongoing.
The Pentagon said in a statement last week that Cable died from injuries sustained when his unit was attacked by enemy forces.
© Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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text:
Sunday, May 11, 2008
21 comments:
I think I'm in love with you! Top work.ReplyDelete
This is lovely :) I spent a good 2 hours after lunch, avoiding work and making this thing:ReplyDelete
I had to reprint the train, and it came out a bit big the second time. I'm sure no-one will notice.
Thanks for brightening up my afternoon! :)
- Henrik10:01 pm
I love the modal! I'm not too great at paper craft but I decided to have a go at this one seeing as I love GTA so much.ReplyDelete
Was pretty pleased with the result even if it was a bit wonky... :p
Thanks for giving me something to do this afternoon! :)
First of all, this has been tagged by Kotaku ( http://kotaku.com/392299/the-inevitable-adorable-gta-iv-papercraft for this one), but that's a pretty cool craft project!ReplyDelete
Like you said, it would be fairly difficult for somebody with large hands to construct it (especially printing the entire thing out on one page), but it was a fun little craft to do.
I hope you make a few more in the future... while I look at another GTA4 related papercraft you did.
Or maybe another GTA one? VC maybe?ReplyDelete


text:
Suffolk, ss. DIVISION OF ADMINISTRATIVE LAW APPEALS
Appeal of:
Ronald Sutkus,
Petitioner Dated: March 5, 2010
State Board of Retirement,
Appearance for Petitioner:
Ronald Sutkus
46 Prospect Street
Rutland, MA 01543
Appearance for Respondent:
Erin C. Nally, Esq.
State Board of Retirement
One Ashburton Pl. - 12th Fl.
Boston, MA 02108
Administrative Magistrate:
Joan Freiman Fink, Esq.
I conclude that the Petitioner's major duties did require him to be involved in the care and instruction of mentally ill persons within the meaning of G.L. c. 32, §3(2)(g). The decision of the State Board of Retirement is hereby reversed. Mr. Sutkus's group classification is hereby changed from Group 1 to Group 2 for retirement purposes.
Pursuant to G.L. c. 32, §16(4), the Petitioner, Ronald Sutkus, is appealing the November 2, 2009 decision of the Respondent, State Board of Retirement, classifying his position as Laboratory Technician II in Group 1 for retirement purposes. (Exhibit 1). The appeal was timely filed in accordance with the provisions of G.L. c. 32, §16(4).
A hearing pursuant to G.L. c. 7, § 4H was held on February 4, 2010 at the offices of the Division of Administrative Law Appeals, 98 N. Washington Street, Boston, MA. Various documents were entered into evidence at the hearing. (Exhibits 1 - 8.) The Petitioner's Pre-hearing Memorandum was marked as "A" for identification and the Respondent's Pre-hearing Memorandum was marked as "B" for identification. The Petitioner testified in her own behalf as did Janina Bukowski, a Physician's Assistant, who has worked with Mr. Sutkus at Westborough State Hospital for the past twelve years. One cassette tape recording was made of the hearing.
Based on the testimony and evidence presented, I make the following findings of fact:
1. The Petitioner, Ronald Sutkus, d.o.b. 7/13/53, was certified as a laboratory assistant/phlebotomist by the Commonwealth of Massachusetts in 1979. (Testimony of the Petitioner.)
2. From 1983 to 1987, he worked as a phlebotomist at the Fallon Clinic on a part-time basis. (Testimony of the Petitioner.)
3. On March 30, 1986, the Petitioner accepted full-time employment as a Laboratory Technician I at Westborough State Hospital. He worked at Westborough during 1986 and 1987 while he was still employed at the Fallon Clinic. (Testimony of the Petitioner.)
4. The Petitioner became a member of the State Retirement System during his employment with Westborough State Hospital. (Testimony of the Petitioner.)
5. The Petitioner was promoted to the position of Laboratory Technician II and held that position until his retirement with superannuation retirement benefits on January 31, 2010. (Testimony of the Petitioner.)
6. The population of Westborough State Hospital consists of approximately 200 adult patients, all of who suffer from acute mental illnesses including schizophrenia, bi-polar disorders, paranoia, and major depressive disorders. (Testimony of the Petitioner; testimony of Ms. Bukowski.)
7. The official job description for the position of Laboratory Technician II lists the general statement of duties and responsibilities as follows: "Drawing patient's blood on inpatient units and in the laboratory as ordered by Physicians. Prepares and tests samples as required by outside laboratory. Keeps records and does other related work." (Exhibit 4.)
8. Under the heading "Detailed Statement of Duties and Responsibilities" in the official job description for Laboratory Technician II, the following items are included: "Establishes a relationship with clients that is respectful of their ethnic and cultural backgrounds … performs venipuncture services on all psychiatric patients … supervises patients while drawing bloods, so that patients do not have access to needles, tubes or hazardous substances …." (Exhibit 4.)
9. The Petitioner's primary job duties involved performing blood and urine tests on psychiatric patients. The hospital had treatment centers set up in various units where the Petitioner would meet with the patients. Although a nurse or attendant would accompany the patient into the treatment center for the blood and/or urine testing, in most instances, the attendant or nurse would then leave to resume his/her other duties, leaving the Petitioner alone with the patient. (Testimony of the Petitioner.)
10. Almost 100% of the Petitioner's daily job functions involved one-on-one contact with patients as he administered blood and urine tests. (Testimony of the Petitioner.)
11. Since all of the patients suffered from severe mental illnesses including anxiety and paranoia, it was extremely important that the Petitioner immediately reassure and comfort patients when they entered the treatment center, especially those patients who indicated either by yelling or by physical gestures that they did not want to be touched by needles. The Petitioner slowly and patiently explained the entire procedure to all the patients before actually administering blood tests, spending approximately fifteen minutes with each patient prior to drawing their blood. (Testimony of the Petitioner.)
12. The Petitioner had to be very careful during the administration of the blood tests as some patients would try to gain access to the needles employed in the test. (Testimony of the Petitioner.)
13. After the blood tests were administered, the Petitioner would ask the patient for his or her name and date of birth. He would then check that information against the requisition form that he had received from the requesting physician for accuracy. Upon establishing that he had performed the required tests on the correct patient, the Petitioner would label the sample and place it in a tray to be sent to a laboratory for testing. (Testimony of the Petitioner.)
14. The Petitioner then explained to the patients that they should not tear off the band-aid that covered the puncture wound for several hours as some of the patients immediately tried to make themselves bleed at the wound site. (Testimony of the Petitioner.)
15. The Petitioner was the only phlebotomist at Westborough State Hospital. On an average day, he administered blood tests to approximately twenty to thirty patients. (Testimony of the Petitioner.)
16. As part of her duties as a Physician's Assistant at Westborough State Hospital, Janina Bukowski wrote many orders for blood work on patients. Some of the patients that she treated were extremely difficult and combative. If those patients were acting in a violent manner at the time that they needed to have their blood drawn, Ms. Bukowski would request that the Petitioner come to the patient's bedside to draw blood rather than bringing that patient to the treatment center. (Testimony of Ms. Bukowski.)
17. On numerous occasions, Ms. Bukowski watched the Petitioner draw blood on difficult and problematic patients at their bedside. Prior to administering the blood tests, the Petitioner talked to the patients, often for as long as twenty minutes, to calm them so that the test could be performed without incident. (Testimony of Ms. Bukowski.)
18. On one occasion when Ms. Bukowski as well as several physicians tried unsuccessfully to get an exceptionally hostile and recalcitrant patient to agree to go to the treatment center to get a blood test, the medical team working with that patient decided to ask the Petitioner to come to the patient's bedside to talk to him. The Petitioner readily agreed and spoke to the patient in a very soft and slow manner. Several minutes later, the patient agreed to have the Petitioner draw his blood right at his bedside. (Testimony of Ms. Bukowski.)
19. Ms. Bukowski also asked the Petitioner to assist her whenever she experienced difficulty in inserting an IV on a patient as Mr. Sutkus was extremely skilled in inserting IVs. (Testimony of Ms. Bukowski.)
20. The Petitioner was selected as Westborough State Hospital's Employee of the Month for February of 2005. In the letter sent by the hospital informing the Petitioner of the award, Chief Operating Officer Skolnick stated that" "you were nominated by staff and selected by a committee based on your outstanding job performance. You are a very skilled phlebotomist, able to draw blood on both anatomically and psychiatrically difficult patients." (Exhibit 7.)
21. In or about January of 2009, the Petitioner requested that he be classified in Group 2 for retirement purposes. (Exhibit 3.)
22. By letter dated November 2, 2009, the Respondent Board notified the Petitioner that he was classified for retirement purposes in Group 1. (Exhibit 1).
23. By letter dated November 9, 2009, the Petitioner filed a timely appeal of this decision with the Contributory Retirement Appeal Board. (Exhibit 2).
G.L. c. 32, §3 (2)(g) provides for a system of classification of employees for retirement purposes.
Group 1 includes "Officials and general employees including clerical, administrative and technical workers, laborers, mechanics and all others not otherwise classified."
Group 2 includes in pertinent part: "employees of the commonwealth or of any county whose regular and major duties require them to have the care, custody, instruction or other supervision of parolees or persons who are mentally ill or mentally defective or defective delinquents …."
The Petitioner contends that since his job requires him to spend virtually all of his time caring for mentally ill adults, he meets the statutory requirements outlined in G.L. c. 32, § 3 (2)(g) for classification in Group 2.
After careful consideration of the testimony and evidence presented in this hearing, I conclude that the Petitioner is entitled to be classified as a Group 2 employee for retirement purposes.
In determining the proper classification for a member, it is important to consider the job description and the actual duties performed by that employee. See Gaw v. Contributory Retirement Appeal Board, 345 N.E. 2d 908 (1976) where the Court considered the primary test for Group eligibility in accordance with G.L. c. 32, s. 3(2)(g) to be largely the employee's title or job description. The court in Gaw, supra, stressed the significance of the job description in determining whether one's position falls within a specific group. In Maddocks v. Contributory Retirement Appeal Board, 340 N.E. 2d 403 (1976), the Court held that it is the applicant's duties and responsibilities in the period prior to the termination of his or her employment that is controlling for purposes of classification under G.L. c. 32, § 3 (2)(g).
In this case, the Petitioner's job description for his position as Laboratory Technician II provided that he was required to "performs venipuncture services on all psychiatric patients … supervise patients while drawing bloods, so that patients do not have access to needles, tubes or hazardous substances …." At the hearing, the Petitioner gave credible testimony to the effect that on a daily basis, he performed blood and urine tests on adult patients all of whom suffered from severe mental illnesses including schizophrenia, bi-polar disorders, and paranoia. The Petitioner further testified that because these patients were extremely anxious about having blood tests, he needed to spend at least fifteen to twenty minutes with each patient carefully and calmly explaining the procedure involved in administering the blood tests. He was also responsible for ensuring that these patients did not grab hold of the needles nor did they rip off the band-aids covering their puncture wounds. Moreover, the Petitioner gave compelling testimony to the effect that on a daily basis, he administered blood tests to patients who were extremely resistant to being touched or having needles inserted in their veins.
I found the Petitioner to be a sincere and convincing witness and credited his testimony to the effect that the vast majority of his workday was spent administering blood and urine tests to mentally ill patients at Westborough State Hospital. Moreover, Mr. Sutkus's testimony was fully corroborated by Ms. Bukowski who worked directly with him for twelve years. Ms. Bukowski testified that she witnessed the Petitioner spending in excess of fifteen minutes per patient carefully explaining the procedures involved in the administration of blood test in order to calm and reassure that patient. Ms. Bukowski stressed that she often called upon the Petitioner to assist her in the insertion of IVs on difficult and problematic patients as she found Mr. Sutkus to be an extremely skilled phlebotomist.
In the case of Jason Harris v Contributory Retirement Appeal Board, Suffolk Superior Court Civil Action, No. 01-3036-G (2002), the Suffolk Superior Court awarded Group 2 classification to a registered pharmacist at the Brockton Multi-Service Center who met with patients on a daily basis to discuss their medications including explaining potential side effects. The court held that since Mr. Harris's duties involved both the instruction and care of mentally ill persons in the plain and ordinary sense of the words, he was entitled to Group 2 classification for retirement purposes.
G.L. c. 32, § 3(2)(g) classifies as Group 2 employees as those whose major duties require them to have the care, custody, instruction or other supervision of mentally ill persons. In the current case, the Petitioner was directly involved in caring for mentally ill adults. In fact, he spent virtually his entire work day administering blood and urine tests to patients suffering from severe mental illnesses usually without assistance from other staff members at Westborough State Hospital.
As such, I conclude that the Petitioner's major duties did require him to be involved in the care and instruction of mentally ill persons within the meaning of G.L. c. 32, §3(2)(g).
Accordingly, I order that the decision of the State Board of Retirement be reversed and that Mr. Sutkus's group classification be changed from Group 1 to Group 2. I further order that the State Board of Retirement make the appropriate adjustment to the Petitioner's retirement benefits to reflect this change of group status.
Joan Freiman Fink, Esq.
Administrative Magistrate
Dated: 3/5/10