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IT - Web Software Developer
Associate of Applied Science
About the Program
The Information Technology-Web Analyst/Programmer program provides a solid foundation in web-based software application design and programming. It gives students an understanding of business operations and the factors that determine which functions a computer program or system should perform. Students learn how to design and write programs using various programming languages and to maintain computer files and web sites. Students become proficient in using microcomputers, mini-computers, and web-based network systems. The program also includes courses in communications, human relations, economics, and accounting.
The Information Technology-Web Analyst/ Programmer program prepares students for entry-level positions as web computer programmers, programmer/analysts, web designer, or web developers.
Analysts/Programmers design, code, and test new computer software and modify existing web-based software applications. They work with other members of the business team to solve business problems using computer capabilities. They may also set up computer systems and teach others how to use them.
Upcoming Start Dates
|October 1, 2018
|April 1, 2019
|November 5, 2018
|April 15, 2019
|January 2, 2019
|May 23, 2019
|January 16, 2019
|June 6, 2019
|February 4, 2019
|July 1, 2019
|March 4, 2019
Learn more about Competency Based Education.
Financial Aid Eligible
This program is eligible for financial aid. Please contact the Financial Aid Office for further details.
Possible Careers
- Web Programmer
- Web Analyst
- Web Developer
- Web Designer
Program Outcomes
- Demonstrate the ability to design and implement efficient relational database structures, such as 3NF.
- Demonstrate an understanding of the various career opportunities in the Information Technology field, along with the social and ethical responsibilities required of those positions.
- Prepare commonly used documents and procedures extracting information from Information Technology case studies.
- Demonstrate the ability to write computer programs to access database records.
- Demonstrate the ability to write interactive computer programs.
- Demonstrate the ability to write web-based programs.
- Demonstrate an understanding of the fundamentals of computer networking and the various technologies of local and wide area computer networks through lab assignments and projects.
- Demonstrate the ability to develop the requirements of information systems and databases.
- Demonstrate the ability to write software documentation and system design specifications.
Transfer Agreements
Students who complete the Information Technology-Web Analyst/Programmer degree can seamlessly transfer their credits to the following universities:
- UW-Platteville and earn a Bachelor of Science degree in Business Administration.
- Franklin University and earn a Bachelor of Science degree in Management Information Sciences, Computer Science, or Digital Communication.
- Milwaukee School of Engineering Rader School of Business and earn a Bachelor of Science degree in Management.
- UW-Stout and earn a Bachelor of Science degree in Information and Communication Technologies.
- University of Upper Iowa and earn a Bachelor degree in Technology and Information Management.


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R. Bonitz, L. Shiraishi, M. Robinson, J. Carsten, R. Volpe, A. Trebi-Ollennu, R. Arvidson, P. Chu, J. Wilson, K. Davis, "The Phoenix Mars Lander Robotic Arm," Proceedings of the IEEE Aerospace Conference (CDROM), 2.0104, March 7, 2009.
E. Baumgartner, R. Bonitz, J. Melko, L. Shiraishi and P. Leger, "The Mars Exploration Rover Instrument Positioning System," Proceedings of the IEEE Aerospace Conference (CDROM), March 2005.
R. Bonitz, J. Slostad, B. Bon, D. Braun, R. Brill, C. Buck, R. Fleischner, A. Haldeman, J. Herman, M. Hetzel, D. Noon, G. Pixler, P. Schenker, T. Ton, C. Tucker, W. Zimmerman, D. Paige, "Mars Volatiles and Climate Surveyor Robotic Arm," Journal of Geophysical Research - Planets, Vol. 106 , No. E8, August 2001, pp. 623-640.

subset: commoncrawl


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Why Investors Have Lost Interest in Gold
Investors buy hope and dreams. At this stage in the game, the paper representations of future earnings offer more hope than does a lump of metal.
As a case in point, I recall a March 1989 conversation with a bond market technician who said, almost in passing, "There is not a lot for sale out there." Yields have declined ever since then. Similarly, stocks have been able to rise in the face of continued outflows from mutual funds as buyers are willing, and indeed forced, to accumulate them at higher prices. Markets that do not sell off on bad news can rise with only minimal buying interest.
Shrinking Participation in Gold
What about a market such as gold where supply grows only slowly and is augmented by continuously high levels of recycling, and where much of the final demand simply represents transference of ownership between old and new hoarders? As many gold buyers are willing to hold paper representations of the metal in the form of ETFs such as the SPDR Gold Trust (NYSEARCA:GLD) or simply extinguishable claims on a long position such as gold futures, the ebb and flow of ETF shares outstanding or open interest in the futures market gives us an idea of the actual ebb and flow of participative interest in the market.
Here the news is not all that good gold,bugs. If we map the weekly average of aggregate open interest in gold futures going back to their introduction in the US in December 1974 against the weekly average of cash bullion prices, a very strong 65-week or five-calendar-quarter relationship emerges with an r2, or percentage of variance explained, of 0.795. As open interest in gold futures traded has declined by more than 33% since its November 2010 peak, the implication is negative for gold bullion prices through the second quarter of 2014.
The data from GLD's shares outstanding are not quite so negative in their implication. Here the relationship between daily shares outstanding and bullion prices since November 2004 also involves a five-quarter lead-time and the r2 is a strikingly high 0.944. The 9.6% decline in shares outstanding since December 2012 is more neutral for gold than was the decline in open interest, but no one can construe this and its contemporaneous 6.2% decline in bullion prices as a sign investors are interested in joining the train-ride in gold more than a decade after it left the station.
Here I might offer some other Wall Street wisdom often honored in the breach: The market does not discount the same thing twice. It does, repeatedly. However, if the principal argument for owning gold is that central banks cannot print it, and if we are five years into the greatest collective money-printing extravaganza the world has ever seen and yet trader and investor interest in gold is petering out with sellers accepting lower prices for gold, then we should be able to conclude the party is over for now.
Investors buy hope and dreams. At this stage in the game, the paper representations of future earnings offer more hope than does a lump of metal. All that glitters in investors' eyes is not gold.
- 1
The information on this website solely reflects the analysis of or opinion about the performance of securities and financial markets by the writers whose articles appear on the site. The views expressed by the writers are not necessarily the views of Minyanville Media, Inc. or members of its management. Nothing contained on the website is intended to constitute a recommendation or advice addressed to an individual investor or category of investors to purchase, sell or hold any security, or to take any action with respect to the prospective movement of the securities markets or to solicit the purchase or sale of any security. Any investment decisions must be made by the reader either individually or in consultation with his or her investment professional. Minyanville writers and staff may trade or hold positions in securities that are discussed in articles appearing on the website. Writers of articles are required to disclose whether they have a position in any stock or fund discussed in an article, but are not permitted to disclose the size or direction of the position. Nothing on this website is intended to solicit business of any kind for a writer's business or fund. Minyanville management and staff as well as contributing writers will not respond to emails or other communications requesting investment advice.
Copyright 2011 Minyanville Media, Inc. All Rights Reserved.
Daily Recap Newsletter
entertainment, education and
smart market commentary.


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Eminem, "The Marshall Mathers LP 2" (Aftermath/Shady/Interscope)
Don't be fooled: Eminem's latest, "The Marshall Mathers LP 2," is not a sequel to his gloriously unhinged 2000 rap masterpiece, "The Marshall Mathers LP," as the title initially implies. Instead, it's a summation of a mission statement, a revisitation of what the 41-year-old rapper has done best in 15 years at the center of the maelstrom that is pop culture.
Unlike "Recovery," his Grammy-winning 2010 comeback album where he laid bare his battles with drugs and depression and reclaimed his lyrical and commercial dominance, "MMLP2" is a return to a more confident and familiar Marshall Mathers.
Everything he's done best is here, from noirish murder fantasies with devilish twists to big-chorus pop songs with moments of great humor, anger, fear, self-reflection and verbal virtuosity impossible to untangle in just a few listens.
There are violent scenes, scatological jokes and the kind of moments that will continue to rile gay and women's rights groups. But at mid-life, his most memorable songs are those in which he reveals what he's learned over the years, whether in metaphor or open letter.
It's satisfying on every level — as a story, as poetry, as a performance — and it's also filled with hidden meaning and insight into how Eminem views his own fame. Few in rap reach this complex level of artistry, and listening to it unfold when compared with the often monochromatic world of popular rap in 2013 makes it even more vital.
Eminem has always been at his best on his storytelling songs, and opens "MMLP2" with one of his most meaningful. On "Bad Guy," he revisits "Stan," his song about fan obsession from the original "MMLP." This time around, Eminem's protagonist is Stan's brother, Matthew, who's playing out a revenge plot in which he turns all the rapper's vitriol back on him.
"I'm the nightmare you fell asleep in and woke up still in/ I'm your karma closing in with each stroke of a pen/ Perfect time to have some remorse to show for your sin/ No, it's hopeless, I'm the denial that you're hopelessly in."
Toward the end of "MMLP2," Mathers stuns in another way, penning an apology to his mother, Debbie, the target of so much anger over his recording career. "Ma, I forgive you/ so does Nathan yo," he raps on "Headlights," featuring fun.'s Nate Ruess. "All you did, all you said, you did your best to raise us both."
There are lots of strong moments between these two revealing bookends. Sure, the album could have benefited from tighter editing and a slightly shorter tracklist, but a little bit of overindulgence is forgivable.
He's at his best on the cuts that chop up chunky classic rock songs in unexpected and clever ways. First single "Berzerk" merged Billy Squier's "The Stroke" with The Beastie Boys, a clue to what was to come. On "Rhyme or Reason" he delightfully employs The Zombies' "Time of the Season" as a launching point as he channels Yoda and reminds us where he stands in the rap world: "So as long as I'm on the clock punchin' this timecard, hip-hop ain't dying on my watch."
He pulls off an Evel Knievel-level stunt by rapping and singing over Joe Walsh's "Life's Been Good," turning it into a pro-Detroit anthem among other things. And that leads us right into arguably the most-anticipated song on the album, "Love Game," featuring the indomitable Kendrick Lamar.
The two lay down verses so dense over a sample of Wayne Fontana & The Mindbenders' "Game of Love" that they're dizzying and will take dozens of listens to tease out the meaning.
One thing is immediately clear, though: Eminem is the only rapper to survive a guest appearance from the cutthroat Lamar. And really, what more do you need to know?
Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott .


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Skip to comments.Did humans devastate Easter Island on arrival?
Posted on 03/10/2006 4:17:24 AM PST by S0122017
Did humans devastate Easter Island on arrival? 19:00 09 March 2006 Bob Holmes
Early settlers to the remote Easter Island stripped the islands natural resources to erect towering stone statues (Image: Terry L Hunt)Related Articles What caused the collapse of Easter Island civilisation? 25 September 2004 Last of the great migrations 24 April 2004 Histories: Carteret's South Sea trouble 11 February 2006
The first humans may have arrived on Easter Island several centuries later than previously supposed, suggests a new study. If so, these Polynesian settlers must have begun destroying the island's forests almost immediately after their arrival.
Easter Island has often been cited as the classic example of a human-induced ecological catastrophe. The island one of the most remote places on Earth was once richly forested, but settlers cut the forests, partly to use the wood in construction of the massive stone statues and temples for which the island is famous. When Dutch sailors arrived in 1722, they found a starving population on a barren island.
Archaeologists had thought that humans first arrived at the island around 800 AD, based on radiocarbon dating of kitchen scraps and cooking fires. Since the first signs of severe deforestation do not appear until the 13th century, this suggests the Easter Islanders lived several centuries without serious impact on their environment.
Not so, says Terry Hunt, an archaeologist at the University of Hawaii at Manoa. Hunt and Carl Lipo of California State University at Long Beach, US, radiocarbon-dated charcoal from the earliest human traces in a new excavation on the island. The site, Anakena, is Easter Island's only sandy beach and has long been regarded as the likeliest spot for first colonists to settle. To their surprise, the wood dated no earlier than 1200 AD several hundred years more recent than they had expected.
Chop chop "I got those results back and I was sceptical," says Hunt. "I thought, something's wrong with these." When repeated samples yielded the same date, he and Lipo re-examined the existing evidence. After throwing out any studies that lacked replicate samples or had other methodological problems, the 11 studies that remained all pointed to the same date roughly 1200 AD.
Such a late arrival date means that the new inhabitants of Easter Island must have begun hacking down trees almost immediately, building the gigantic monuments and stone heads that make the island so distinctive, says Hunt.
And the new civilisation's ecological footprint must have been heavy from the start. "There isn't a period of ecological stability. There was almost immediate impact," says Hunt. "It isn't a two-part story any more. There's really just one chapter."
Broader context Not everyone is convinced, however. A first arrival on Easter Island around 900 AD would fit well with Polynesians' first arrival on the nearest neighbouring islands of Mangareva, Henderson and Pitcairn, says Patrick Kirch, an archaeologist at the University of California at Berkeley, US.
Kirch thinks Hunt and Lipo may have been too free in discarding studies for minor methodological problems, thus rejecting valid dates in this range. "For me, they don't make a convincing argument that we can eliminate the earlier dates, especially in light of the broader regional context," he says.
And their new excavation may have simply sampled a relatively young settlement while missing nearby, older sites. To resolve the issue, researchers will need to date charcoal from many more excavations to see what pattern emerges. "Then we may be able to say we have the answer," says Kirch.
Journal reference: Science (DOI: 10.1126/science.1121879)
They put up a few statues and went on their way. Nothing there...end of story.
Grafitti...nothing more.
Of course I've had scant response on my views.
If only they'd all driven Priuses.
I wish I had all the money that has been spent studying Easter Island and the paper used in printing these Thesies on what happened could re-forestate the place.
Do most normal humans really care?
Bush knew, Dude!
I think those Easter Islanders worshipped Zippy the Pinhead as their god.
Actually the original statues looked quite different.
First of all, they had hats of reddis vulcanic stone.
Secondly, they had eyes of i thought, white coral.
The eyes also had a sideways finish, like the eye of Horus.
And maybe the statue was painted im not sure.
Shaped a little like Iwo Jima... another rotten roadhouse on the Pacific Highway.
Not quite One pedant can make a difference
I keep posting articles too late. Way too late.
I'll just lay of the posting for now.
"Those who do not understand history are doomed to repeat it."
FReepmail me to be added or removed to the ECO-PING list!
I know its a repeat but I missed it yesterday. I always thought the concept of an ecological footprint was somewhat amusing. At what point do humans get removed from the ecosystem? What is a sustainable footprint? What size footprints do other species have?
"I always thought the concept of an ecological footprint was somewhat amusing. At what point do humans get removed from the ecosystem? What is a sustainable footprint? What size footprints do other species have?"
Figure Your Ecological Footprint:
(My) choice means the following:
"You believe that every person should be able to live a satisfying life within an average of 3.64 acres. Worldwide, the biologically productive space available per person is 2.2 hectares, or 5.4 acres. Hence, it requires 4.4 Earths to support each member of the present human population at your standard of living."
Well, I guess I'll go back and change a few answers so I can give everyone the full 5.4 acres they deserve, LOL!
Actually, I consume 37% LESS than others do, according to this (bogus) quiz. I can live with myself. ;)
Hence, it requires 4.87 Earths to support each member of the present human population at your standard of living.
I did even worse than you. That is probably due to the fact I currently live in a large city. Now I'm going to go back and take the quiz answer it with all the proper answers...wonder if its possible to be sustainable?
well the results are in...according to this website its impossible to live sustainably.
"Your choice means the following:
You believe that every person should be able to live a satisfying life within an average of 1.47 hectares.
Worldwide, the biologically productive space available per person is 2.2 hectares, or 5.4 acres.
Hence, it requires 1.44 Earths to support each member of the present human population at your standard of living."
I'm not surprised...are you? LOL!
Now, spend the rest of your day flogging yourself for being such a bad, evil "Crunch Conservative." It's the very LEAST you can do to pay for your unforgiveable sin of living and breathing on this planet.
P.S. You can also ease your guilt by writing a big, fat check to The Sierra Club. ;)
It would appear to a logical observer that the deforestation was deliberate, to make their 'gods' appear more powerful.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


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City Budget: Mayor Signs Balanced Budget for FYs 2012-14
Mayor Edwin M. Lee today signed San Francisco's first-ever two-year balanced budget for Fiscal Year 2012-13 and 2013-14 after the Board of Supervisors unanimously approved it yesterday. The City's first Two Year Budget closed a projected $263 million General Fund deficit for the coming Fiscal Year 2012-13 and $375 million deficit for Fiscal Year 2013-14.
"This two-year balanced budget invests in our people, our neighborhoods and our critical infrastructure to create jobs for our residents and expand support for public safety, small business, our schools and the social safety net in San Francisco," said Mayor Lee. "I'm especially proud that, in an era of declining support from the State and Federal governments and amidst bitter partisan divides in Sacramento and Washington, we in San Francisco have worked together to build consensus and embrace pension, health and long-term fiscal reforms that increase our reserves and boost our economic recovery for the future. I want to thank all the members of the Board of Supervisors, especially Budget Chair Carmen Chu, as well as business, labor and community organizations, for their hard work and involvement this year to develop our first-ever two-year balanced budget." Read more.


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By Rose Larsen, KF19 Colombia, with excerpts provided by Wesley Schrock, KF19 Honduras, and Luan Nio, KF18 Nicaragua/KF19 United States
Loan officers are the hidden heroes behind the Kiva model.
Lenders, borrowers, Kiva staff and Kiva fellows all show their beautiful faces somewhere on Kiva.org, and while Kiva's field partners have profiles of their own, there is little explanation or clarity behind who actually, physically, goes to the clients' businesses, evaluates their requests, delivers loans and picks up repayments (hint: it's loan officers!)....Continue Reading >>


text: Many security pros came up through the career ranks with a solid tech background. But security leadership demands more business acumen and expertise today. Lorna Koppel, Direction of Information Security for Tufts University, has been through this process in her career and shares her tips for making the transition smoothly and effectively.


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The Scoville scale attempts to set a common standard for comparing the heat potential of one pepper variety to another. It comes in handy for me because I've long been a lover of hot peppers.
The Scoville scale attempts to set a common standard for comparing the heat potential of one pepper variety to another. It comes in handy for me because I've long been a lover of hot peppers.
My slow sink into the abyss of throat immolation began with innocently eating a few mild pepperoncini peppers some 50 years ago while serving in the Army. They made a nice addition to the toppings on the pizzas I used to get at the NCO Club in Germany. Scoville rating: 100 to 500 units.
I slowly progressed to where I was eating raw jalape�os, although that practice has fallen by the wayside in recent years, and I used to always have jalape�o peppers around to spice up bland dishes. Scoville rating: 2,500 to 8,000 units.
But then, about 15 years ago, I discovered Thai peppers and found them to be much more consistent in providing that panicky, scorched-earth feeling down the back of the throat. Scoville rating: 50,000 to 150,000 units.
Then, even later, I came across a story about habanero peppers, which described them as something like a mixture of napalm, molten lava and flaming brimstone. On my next trip to a produce department, I came across some habaneros, so I chose two or three to give them a try.
It's such a tragic experience to watch an addict plunge to his doom.
The first habanero I bit into quickly convinced me that innocent-looking little pepper was more macho than I'll ever be!
My mouth burned for what seemed like days afterward. A quick slug of whole milk will generally act as a quick antidote to pepper lovers who get a little too adventurous in their samplings, but it took more than a quick glug-glug of milk to put out the fires this time.
I quickly admitted defeat and threw the remaining habaneros in the trash. Scoville rating: 100,000 to 350,000 units.
Why am I telling you all this? Well ... seems like there's no fool like an old fool. The fool would be me, of course.
Our adult children, Penny and Terry, attended the recent Micanopy Fall Festival, where they came across a vendor selling seeds for something called a ghost pepper. Knowing my fondness, the kids bought a small package of seeds for me.
On the outside of the package, it stated that inside were 24 seeds for something called Bhut Jolokia. Wondering what "bhut jolokia" meant, I scoured the Internet and found it means "ghost pepper" in Assamese, one of the many languages spoken in India.
Bhut jolokia, I also discovered, is being used to develop a highly potent form of pepper spray for the Indian government.
The bhut jolokia has a rating of up to 1,500,000 Scoville units!
Remember, a habanero only scores a wimpish 100,000 to 350,000 Scovilles, and pepperoncinis top out at about 500 Scovilles.
In fact, the bhut jolokia was, a few years back, recognized by Guinness World Records as the hottest pepper in the world, a title that has since been snatched away and awarded to an even more potent pepper.
My son told me the seed salesman pulled on a pair of gloves before handling the seeds of the bhut jolokia and advised everyone else coming into contact with the seeds to do the same. He had no advice for what to use to protect one's delicate throat tissues, but I'm betting pure asbestos may (and that's a qualified "may") do the trick, but I'm not sure.
I still have the seeds, and only have to decide if I want to nurture the plants indoors all during the winter or wait until spring to plant them. I still haven't decided.
Do me a favor, will you? If you happen to come across a pepper named the Trinidad Moruga Scorpion, which is the current world champ with a Scoville rating of up to 2 million, please, please do not send me any of them. An addict's fate is soooo predictable!
QUESTION OF THE DAY: Are you a reformed pepper addict, or are you like me and still haven't learned your lesson yet?
Send comments to firstname.lastname@example.com and include your FULL name and town. This column appears each Tuesday, Thursday and Saturday and online at www.ocala.com.


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ASHBURN, Va. — Robert Griffin III threw with good zip and accuracy to a group of rehabbing Washington Redskins players at the start of Thursday practice.
More significantly, the second-year quarterback looked better than anyone might imagine only 4½ months after surgery to reconstruct torn ligaments in his right knee. He has been throwing since late April.
Griffin said he hopes to be ready for the opening of training camp July 25 and still has his sights set on being the Week 1 starter.
"As far as the season goes, everyone has seen the commercials and the statements of 'All in for Week 1,' and I stand behind that. I want to be ready for Week 1, that's my goal," he said.
"But I'm not going to risk my career to play in one game."
The road to recovery had an emotional start. Going into surgery on Jan. 9, orthopedist James Andrews didn't know the extent of the damage to the ACL, which Griffin previously torn in college. Upon waking up and realizing his ACL had been repaired as well, he broke into tears.
DO IT AGAIN: Big Ben reserving judgement on young QBs
"It was tough for me to talk about. It's one of those things I get emotional about because it was tough at that time. Yeah, I cried, real men cry. It doesn't matter. And I moved on.''
The next thing he did was change the passcode on his cellphone to the date of the Redskins season opener against the Philadelphia Eagles on Sept. 9.
At practice, Griffin wore a heavier black-brace than the one he wore late last season after he suffered a strained lateral collateral ligament in Week 14 against the Baltimore Ravens. He said he is two weeks from cutting loose with explosive sprinting and cutting.
"The knee feels great," he said. "I'm able to do all the stuff out there without any hesitation. That's the best part about it.
While Griffin hopes to play in the preseason, he could see himself starting in the regular-season opener without taking a preseason snap.
In the meantime, the good news is that backup Kirk Cousins continues to impress and show growth in getting the majority of first-team snaps, even running some read option.
"It's a great opportunity for me even if Robert comes back tomorrow ready to go, the fact that I got reps for the first three practices is of great benefit to me," Cousins said. "Obviously, I want to see Robert to come back as healthy and as strong as ever."
As for the circumstances that led to his injury, Griffin "hashed everything out" with coach Mike Shanahan about a month after the procedure. Griffin suffered the injury after re-entering the playoff loss to the Seattle Seahawks when it was clear his knee was already compromised.
"I don't think there's anything that needs to be repaired (in his relationship with Shanahan) . Obviously, we all just need to move forward and continue to let that bad taste that's in everybody's mouth just get out, Griffin said.
"The only thing that needed repair from last year is my knee. And that is repaired and I'm ready to go."
Griffin admitted there is some lingering concern with how he'll be handled going forward.
"I just feel like everyone is going to be really hyper-sensitive about anything that happens to me," Griffin said. "My biggest fear is that I roll an ankle and they pull me out of the game. That's something I have to deal with now."
Shanahan echoed that thought, "Robert will be the first guy to tell you I'm going to be a little more conservative than I was a year ago," Shanahan said. "If you're not on the field you're going to hurt our football team. And you have to throw the football away.
"We're going to protect Robert as much as we can. And we're going to do the things we think he does the best and hopefully it will be as productive."
So Redskins can rest easy knowing the read-option will remain a part of the offense.
"The read-option gave Robert more time in the pocket," Shanahan said. "He got hurt when he was dropping back."


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Warmth and Hospitality Abound at this Luxury Frankfurt Hotel
Located in Frankfurt's elite Westend district, Grandhotel Hessischer Hof is an elegant hotel with a long-standing tradition of excellence and hospitality. The five-star hotel is Frankfurt's only privately run luxury hotel owned by the family foundation of the Landgraves and Princes von Hessen. With Art Deco décor and high-end amenities, each guestroom is a comfortable and sophisticated retreat for travelers in Frankfurt am Main.
Experience the finest first-class service from the moment you step into Grandhotel Hessischer Hof. Dine on French cuisine at Sevrès, one of Frankfurt's best restaurants. Spend an evening with a cocktail in hand at Jimmy's Bar, an American-style piano bar that's a favorite of both Frankfurt's visitors and locals. Spend time at FINEST Medical | Fitness | Health, the hotel's elite spa and fitness center. Schedule time with professional trainers, or book a soothing massage. As convenient as it is charming, Grandhotel Hessischer Hof is directly across from the main entrance of the Messe Frankfurt Convention Centre. Frankfurt's city center is within walking distance.
- Pet-Friendly


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The Walrus Says
Broadway is coming to East Ferry! Mary Wright, the Jamestown Community Theatre's artistic director, reports that the JCT is producing a one-man show on Saturday and Sunday, Nov. 15 and 16 at the Recreation Center. Born in England, Jon Peterson, a professional Broadway and off Broadway actor will be performing in a show he has written called "Song Man, Dance Man."
Jon, a singer, actor, and dancer will present musical numbers that were made famous by stars such as George M. Cohan, Gene Kelly, Fred Astaire, Sammy Davis Jr., and Anthony Newley. Jamestown children will also participate in the show. "Children who auditioned for a singing role in 'Miracle on 34th St.' have been asked to accompany Jon in two songs. It's a wonderful opportunity for them to perform with a professional actor," Mary said.
Sounds like a great show. Stay tuned.
Jamestown School eighth graders are taking orders for pies to be delivered during the holidays. Funds raised will go towards the class trip to Washington D.C. in the spring. Pies can be ordered until next Thursday, Oct. 9. Order forms can be obtained from eighth-grade students or by calling Karen Rafanelli at 423-3953. All pies must be prepaid. The kinds of pies available are Boston creme, chocolate cherry, apple cranberry and mixed berry.
For happy holidays, order now!
That scary month is back again. If you're planning to take yourselves and the kids somewhere spooky, include a trip over the bridge. The Fort Adams Trust will present its fourth annual Fortress of Nightmares during the last two weekends of the month, Oct.17 to 19 and 24 to 26 starting at 7 p.m. Visit the Web site at www.fortadams. org or call 841-0707.
Barbara-Ann Mac Intosh and Bob Kinder both have it right, Lucky Strike green has "gone to war (and never returned)".
*** What was the House of David?
......and send them to the one I love.
Six new voices have answered the call to join the Jamestown Community Chorus, which is now in weekly rehearsals for its holiday concert, "Fall Into Winter." The concert is set for Saturday and Sunday, Dec. 13 and 14 at the Central Baptist Church.
New tenors are Dan Colucci of East Greenwich and islander John Leyon. Sopranos are Emily Colucci of East Greenwich, Sandy Menke of Narragansett and Jamestowner Pam Waters. Sharon Storm of Narragansett has joined the alto section.
No auditions were required. As Choral Director B.J. Whitehouse has often said, "If you like to sing, you can sing." Questions? Call 423-1574.
You know you have a 16-yearold living in the house when you wake up on a Saturday morning and find five of his friends sleeping on any available furniture.
Skip Kingsley of Wickford called with the answer to Priscilla Brogie's poser, "Treat me like a worn out shoe." Skip said it's from Hank Williams hit "Why Don't You Love Me Like You Used To Do." Barbara-Ann Mac Intosh also had the answer and provided some lyrics:
Why don't you love me like you use to do,
How come you treat me like a worn out shoe,
My hair is curly and my eyes are blue,
Why don't you love me like you used to do.
*** No takers on Bob and Sue Harvey's question about the husband and wife musical duo who were regulars on the Garry Moore Show in the mid-50s? They say the answer is Martha Davis and spouse Calvin Ponder. Martha sang and played piano while Calvin sang some and played string bass.
Thanks, guys!
T.W. wants to know what ever happened to earwigs?
And, John A. Murphy asks, what was the theme song of DJ Joe Thomas, back when he was on WPAW (later WXTR), at 55 on the AM dial? " It was a great song and a huge hit for a group with a maritime theme to their name.
We've been Cleveland Browns fans for some 40 years. Most of those were tough years for the team. We've never been to the Super Bowl, yet the Dog Pound is packed for every game, and we have never heard a boo come from it. Watching the Patriots and Miami game we were astonished to see "fans" leaving the ballpark in the late third quarter turning their backs on their team. Shame!
"Got" has replaced the verb "have."
Mystery readers will enjoy Maine author Tess Gerritsen's novels and her Boston homicide detective Jane Rizzoli. We recommend "The Surgeon," "The Apprentice," and "The Bone Garden."
How things have changed department. Alena Caldarone writes that she came across a copy of The Stars and Stripes in her scrapbook. The issue was dated Nov. 22, 1944. The daily paper, published for GIs during World War II, carried the headline that the Yanks were 23 miles past Metz. Alena said there was an interesting little article about a 14 year old. "He had volunteered and was later honorably discharged when they discovered his age. He volunteered for the paratroops 'so I could double my allotment to mother.' After the discharge the American Legion came to his rescue and with the GI Bill of Rights enrolled him in a trade school entitling him to 23 months of training and paying him $50 a month (a princely sum then!). With Veterans Day coming up, I thought you might be interested in this story. How things have changed since then."
Thanks Alena for the reminder of how things once were.
A Snapple cap moment: The first sailing boats were built in Egypt.
*** Be true!
Call in your stuff for this column to 423-0383 or 829-2760 or e-mail us at jtnwalrus@hotmil. com.


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|Hey Mom! Learn more about the Gerber Life Insurance Grow-Up Plan!
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Re: Am I really that much stricter than other Moms?
Our friends think I am a drill sergeant But they always complement how well behaved our children are. I am never clear why they can't make the correlation between boundaries and behavior I am no joke about appropriate behavior and when we have children guests I lay it down for them too. Everybody knows that I say what I mean and mean what I say. I am rather fed up with children running around acting like they have no home training. Now I will crawl down off of my soap box.
Just in case.
Registered Users
Well I have 9 and they could overthrow me so I run this house with an iron fist! LOL!
No yelling in the house
No fighting
No running, jumping, flipping in the house
Your toys must be out of common areas as soon as you are done with them
ALL food is eaten at the table
Only water is allowed out of the kitchen
Dishes must always be taken to the sink
When its cold out, no going in and out. Once you come in, you stay in.
Absolutely no back talking mama
You MUST obey. I will ask once, then punishment.
Bedtime is non-negotiable. I will tuck them once and tell them I better not see them out of their room unless blood is involved! They can use the bathroom but only if necessary.
Mostly common sense stuff. But, people always compliment us when we are out as to how well behaved our kids are. I am firm with consequences and consistency!
Sent from my iPhone using DS Forum
Registered Users
Re: Am I really that much stricter than other Moms?
These were the rules at my house growing up and I thought I had the meanest parents in the world but when I went somewhere, I knew how to behave and I knew if I didn't, I'd get my bottom popped when we got home. These will also be the rules (plus a few) when my son is old enough to understand rules and boundaries (he's only 10 months). I can't stand misbehaved and rude children and I intend to do my best to ensure that my son will not be one of those children. My best friend has 2 children and they are terribly misbehaved. Her youngest stepped on my son (then about 5/6 months old) while I was changing his diaper and she didn't say or do a thing. He's only a year older than my baby but I feel like she should have tried to explain to him why you can't and don't do anything like that. My husband and I have since decided that our son is only allowed around her boys at birthday parties but that's it and he's not to be left anywhere alone with either of them. Her youngest has also bitten, pinched and slapped my son.
Wife to my hubby since 2010. Vaxing, CDing, baby wearing mommy to one beautiful baby boy
Registered Users
Re: Am I really that much stricter than other Moms?
Food is not allowed upstairs, no reason for it bc it's just bedrooms upstairs.
But I do babysit a lot and have kids over, but no one has gotten hurt being a kid here. The only thing my son seems to break is his doors off his little cars, but that could be from overuse!
We also have a big yard for running. And to run in our house in only a good twenty feet?
My son is allowed to climb couch and jump off if he likes. He is not allowed on the kitchen counters or bookshelves though. I was a climber so I am waiting to see if allowing him to explore on his own with few rules keeps him from the trouble I had as a kid. I used to climb on top of the fridge or anyplace I could be higher than everyone else. I was a curious kid, so is DS but I let him explore with me there so he won't (hopefully) be doing when my back is turned.
We have a problem with throwing things though. Balls are allowed to be thrown as we only have soft ones in the house. But DS will all of a sudden throw his cars and that doesn't "fly"! but I can't seem to get him to stop, even though it is rule. I don't even know what brings it on, he will be playing and all of a sudden we have a car flying across the room? Anyway we are working on that one.
EDIT: we do have the no yelling in the house.
No fighting, no use of toys as weapons. My DS doesn't even know about toy guns, swords or anything like that.
Our drinks all have caps/tops so no spills, except coffee which I normally don't take out of the kitchen. DH drinks his coffee out of a to go cup with a closing spout!
Food is allowed in living room, DS must wipe his hands after he eats a bite or snack. He has his own little towels for this!
MORE:toys on shelves can be played with without an adult, picked up when done. Toys on the higher shelves must be asked for played with and put back.
Last edited by melfinn; 04-21-2013 at 07:28 AM.
Registered Users
While we don't have many of those rules I don't see anything wrong with those rules - they are reasonable requests. We have a big family room down stairs where we keep soft balls and have limited furniture. The kids are encouraged to run, jump and be crazy down there. There isn't much they could get hurt on. But upstairs - no balls are allowed, no jumping, no running. Snacks can be eaten on the upstairs couches but no food downstairs unless given permission. (I allow it sometimes). If we had a different layout we wouldn't allow so much rough housing inside but the nice big family room is one of the reasons we bought the place. We used to have a big climber down there for the kids.
Registered Users
Re: Am I really that much stricter than other Moms?
I think our meanest rule is that I don't allow my ds to do sleepovers. If he wants he can have friends here overnight, but I don't allow sleepovers, ever. I told my dh that once they are 18 they can sleep out of the house. The only exception is family or if myself or my dh is with him, like camping.
Your rules are the same as mine for play dates, and those are the rules even at other houses. If we aren't allowed to do it in our house we won't do it at others.
Married to my love , SAHM to Dylan my T1 diabetic (8/03) , Bobby (4/10) , and Lily (6/12) Homeschooling, Catholic, slightly paranoid mama
Registered Users
Wow if people think you're strict because of those rules they would think I'm a prison warden . Those rules seem like basic safety rules IMO . We have those rules and A LOT more. Dd not to long ago decided to disregard the no running in the house rule and wound up with a sprained ankle and was on crutches for a few weeks. She now realizes there is a reason the we have rules and that she should obey them.
Helpmeet to a wonderful DH Mommy to A 8J 5
Angel baby 12-25-11 , W 4-16-13 - 4-30-13 E4-12-14
Registered Users
We go by all those rules & a few more. We just got a new house I'd like to keep it nice for a while lol. Life happens but less if you eat in proper places & etc. we no run bc my dd has already had a head injury bc of things like that so if she wants to play silly she can do it outside. She's not even 2 yet & knows where to go to eat & how to behave in the house. So nope your not mean!!
No Longer Here
I'm a drill Sargeant. We have those rules plus many many more. But we have a houseful of kids and if we don't have rules the house would crumble around us.
Registered Users
Re: Am I really that much stricter than other Moms?
Do i find those rules strict? No but they aren't the same as our rules. We don't eat at the table because it is the only place i currently can sew. We don't allow eating in the bedrooms however we do allow eating in the playroom and living areas. We allow jumping/running/throwing of beach balls in the playroom which is pretty large. We allow jumping on the bed everynight for Monkeys jumping on the bed song. We don't allow jumping on couches/chairs/or other beds in the house.
we do not allow hitting, talking back, leaving toys out at the end of the day. We allow sleepovers but only with people we know.
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Price Reduced for quick sale!!!!!
The 37' 11 Meter Express rides on a stable 14' beam DeltaConic hull. This boat feels like a much bigger boat both inside and out with a huge cockpit for entertaining or fishing. Equipped with a hardtop, cockpit wetbar with icemaker, radar, 6.5KW Onan generator, Garmin plotter, autopilot, engine sync, and VHF radio. Powered by twin 7.4L Crusaders. Call today for an appointment to see this great 11 Meter.
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Michael Vick's return to prominence is now complete.
The Eagles and Vick have agreed to a six-year, $100 million contract with $40 million guaranteed, league sources confirmed Monday night.
The team later announced the deal, first reported by Andrew Brandt of ESPN.
The 31-year-old Vick is signed through the 2016 season. In 2007, he lost nearly everything when he was convicted on dogfighting charges and sent to prison. In the last 12 months he's gotten nearly everything -- a starting job, endorsement deals and a blockbuster contract -- back.
"I'm very happy we were able to reach an agreement with Michael on this long-term contract," Eagles coach Andy Reid said in a statement. "It's a product of all the hard work Michael has done to better himself over the last couple of years, both on and off the field. I'm very proud that he has been able to achieve success again in this league, but he'll be the first one to tell you that there is a lot of work yet to be done by him and this team as a whole. And there's no doubt in my mind that he will continue on that path. I give a lot of credit to Joe Banner and Joel Segal for getting this deal done."
Banner, the Eagles president, and Segal, Vick's agent, negotiated the contract. Vick did not immediately respond to a message seeking comment.
Vick's deal makes him among the highest-paid players in the game -- again. His per year base salary of $16.7 million is less than only Patriots quarterback Tom Brady ($18.01) and Colts quarterback Peyton Manning ($18 million).
Brady signed a reported five-year, $78.5 million contract with $48.5 million guaranteed in Sept. 2009. Manning's deal came last month when he inked a reported five-year, $90 million contract with $54.4 million of that guaranteed.
In 2005, the Falcons signed the 2001 No. 1 overall draft pick to a 10-year, $130 million contract. Two years later Vick forfeited most of the remaining money on the deal when he was charged with running a dogfighting operation. He eventually filed for bankruptcy while serving an 18-month prison term. Vick is still in bankruptcy and owes creditors millions.
This six-year deal replaces the one-year franchise tender Vick signed in March. The Eagles had until Sept. 20 to give Vick a new contract or they would have had to wait under after the season to re-sign him. All signs, however, pointed to something getting done.
Vick would have made $16.2 million from the one-year tender, but the Eagles locked him up on Monday, confirming their commitment to him as their franchise quarterback. They also trimmed his 2011 figure to $14.4, clearing some salary cap space.
With Vick done, the Eagles could now turn their sights to DeSean Jackson, who wants a new contract. The wide receiver, in the last year of a four-year contract that will net him roughly $600,000, held out from the first 11 days of training camp.
If if wasn't clear before, however, it is now: Vick is the face of the Eagles franchise. It's a remarkable turn of events. Signed in Aug. 2009 to a two-year deal, Vick came to the Eagles in a cloud of controversy. He spent most of his first season in Philadelphia as the third-string quarterback and occasional Wildcat weapon.
When the Eagles traded away then-franchise quarterback Donovan McNabb to Washington in April, 2010, Kevin Kolb was named the starter and Vick his backup. But when Kolb suffered a concussion in the season opener, Vick came in and nearly guided the Eagles to a comeback victory. He won in the next two games as Kolb recovered and was named the starter soon after.
He went 8-3 as a starter as the Eagles won the NFC East crown. He had statistically his best season with career highs in passer rating (100.2), completion percentage (62.6) and passing yards (3,018). He earned his fourth career Pro Bowl nod and was named the 2010 Comeback Player of the Year by the Associated Press, Sporting News, and Pro Football Weekly.
In January, he signed with two small companies in endorsement deals and was welcomed back by Nike in July.
The Eagles have a press conference with Vick and Reid scheduled for Tuesday at 2:30 p.m.


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K-9s in Flight, a scripted and choreographed show featuring "world class K-9 athletes," will be coming to this year's Niagara County Fair, July 31 to Aug. 4.
All of the K-9s in Flight's stars have been rescued or adopted from shelters all over the country. Fairgoers will be entertained by their high-flying entertainment and can meet the K-9 stars after the show, and learn a few "training secrets." This dynamic show includes top K-9 sports, including K-9 high jump and Frisbee. The show emphasizes the importance of pet adoption, exercise, nutrition, and the special bond between humans and dogs.
See them near the Milk Bar daily. Show times are: Wednesday to Friday, 1:30, 4:30 and 7:30 p.m.; Saturday, 11 a.m., and 3, 5 and 7:30 p.m.; Sunday, noon and 2 p.m.
This year, the fair is sponsored by Cornell Cooperative Extension of Niagara County; Niagara's Choice Credit Union and Niagara County Community College. For more information and updates, visit www.cceniagaracounty.org.


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JOHANNESBURG (AP) — Jakes Gerwel, who advocated for the end of apartheid in South Africa and became a longtime friend and trusted aide to former President Nelson Mandela, died Wednesday. He was 66.
Gerwel, an academic who found himself at the forefront of the nation's politics following Mandela's electoral win in 1994, had been in critical condition since undergoing heart surgery earlier this week at a hospital in Cape Town, said Sello Hatang, a spokesman for the Nelson Mandela Foundation. Gerwel died while still in the hospital's care, Hatang said.
Condolences came in from around South Africa for Gerwel, known to many as "prof" from his time teaching Afrikaans literature to university students.
"South Africans will remain eternally grateful to Professor Gerwel for laying a strong administrative foundation (that made concrete) the new ethos of a free and non-racial South Africa and for leading a team of dedicated heads of departments to drive the government's vision of reconciliation as well as reconstruction and development at a crucial time in the history of our country," President Jacob Zuma said in a statement.
Born Gert Johannes Gerwel in January 1946, Gerwel grew up on a sheep farm under the apartheid government, which segregated its population into crude racial categories of Asian, black, white and "colored." He graduated from the University of the Western Cape and later served as rector there. All the while, he protested against the apartheid government and was arrested several times.
Gerwel later joined the African National Congress and served as then-President Mandela's director-general, a South African version of a chief of staff. He routinely briefed journalists after major government meetings and served as a trusted sounding board to Mandela as he sought to unify a nation still coming to terms with centuries of white rule, police abuses and crushing poverty for its majority black population.
Gerwel stepped out from behind Mandela's shadow in 1999, traveling to Libya with a representative from Saudi Arabia to negotiate with then-ruler Moammar Gadhafi to have him extradite two intelligence agents suspected of carrying out the 1988 bombing of a Pan Am airliner over Lockerbie, Scotland. The attack killed all 259 people on board and 11 on the ground. Negotiations by Gerwel and his Saudi counterpart ultimately saw the men sent to Scotland for trial.
After Mandela left office, Gerwel helped lead the president's foundation, and also served on a number of corporate boards in South Africa.
Jon Gambrell can be reached at www.twitter.com/jongambrellAP .


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Red Mill Monograms are proudly made in the USA
Co-stars, friends, and fans have flocked to Twitter to honor Leonard Nimoy, most rememberedfor his portrayal of Spock in the Star Trek franchise. Nimoy died at his home in Los Angeles on Friday. He was 83 years old.
The talented actor was nominated for four Emmys throughout the course of his long career, three of which were for his work on Star Trek. Nimoy also directed, stepping behind the camera for both Star Trek III: The Search for Spock and Star Trek IV: The Voyage Home .
"I loved him like a brother. We will all miss his humor, his talent, and his capacity to love."
-William Shatner
— William Shatner (@WilliamShatner)
He lived long and he prospered, but not nearly long enough. Leonard Nimoy.
— Lucas Neff (@RealLucasNeff)
I am devasted to learn that has passed. Despite your passing your legacy will indeed .
— Josh Gad (@joshgad)
. I have been, and always shall be, your fan.
Thank you.
— Nathan Fillion (@NathanFillion)
Sad morning. Goodbye Leonard. you are leaving the world better than you found it. Thank you for living long and prospering.
— Patrick J Adams (@halfadams)
RIP Leonard Nimoy. So many of us at NASA were inspired by Star Trek. Boldly go…
Leonard, you lived long and prospered, and were an inspiration to me and to millions. Rest in peace.
— Chris Hadfield (@Cmdr_Hadfield)
We stood on your shoulders, and wouldn't have had a galaxy to explore if you hadn't been there, first. Thank you, Leonard, Rest in peace.
— Wil Wheaton (@wilw)
I just saw that Leonard Nimoy has passed on. We didn't know each other well, but I'm glad I spent the time with him I did. A wonderful man.
— Neil Gaiman (@neilhimself)
Boldly gone. RIP Leonard Nimoy. Thank you.
— Toad Slash-witch (@ToddStashwick)
Leonard Nimoy brought us one of the greatest, noblest characters in the history of American storytelling. Someone find the Genesis planet.
— Seth MacFarlane (@SethMacFarlane)
Let's put our Spock hands up for Leonard Nimoy.
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No. 88,924
1. Probation from serving a sentence is an act of grace by the sentencing judge and is granted as a privilege, not as a matter of right. The judge, when granting probation, has broad powers to impose conditions designed to serve the accused and the community.
2. Specific language of K.S.A. 2002 Supp. 21-4610(c) authorizes a trial court to assign a defendant granted probation to a community correction services program.
3. A person who has pled guilty to a crime but has not yet been sentenced is entitled to exercise the Fifth Amendment privilege against compelled testimonial self-incrimination with respect to the crime to which he or she has pled guilty.
4. Pursuant to K.S.A. 2002 Supp. 75-5291(a)(2)(E), any offender who is determined to be "high risk or needs, or both" by the use of a statewide, mandatory, standardized risk assessment tool or instrument is validated for community corrections placement.
5. The defendant in this case had the constitutional right to refuse to provide input in the preparation of the risk needs assessment which is a part of the presentence investigation report. However, with the defendant having done so, it was not a violation of the defendant's Fifth Amendment constitutional rights to be assigned a high risk score on the required risk needs assessment, resulting in the commencement of the defendant's probation with community correction services rather than probation with court services.
Appeal from Johnson District Court; JOHN ANDERSON III, judge. Opinion filed June 20, 2003. Affirmed.
Steven R. Zinn, deputy appellate defender, for appellant.
Steven J. Obermeier, assistant district attorney, Paul J. Morrison, district attorney, and Phill Kline, attorney general, for appellee.
Before RULON, C.J., KNUDSON, J., and LARSON, S.J.
LARSON, J.: We determine in this appeal if Tadisha Yong Spencer's constitutional rights were violated when her invoking of her Fifth Amendment rights in the preparation of the risk needs assessment of the presentencing investigation (PSI) report resulted in her being placed on probation with community corrections rather than probation with court services.
We find no constitutional violation and affirm the trial court.
Spencer was charged with one count of criminal use of a financial card in September 2001. As the result of plea negotiations, the charge was reduced to attempted criminal use of a financial card, a severity level 10 felony. The parties agreed to recommend the low grid box imprisonment term and probation with court services. The court accepted the plea and found Spencer guilty.
Spencer's criminal history score was "H," and an offense severity level of 10 was presumptive probation, with an underlying sentencing range of 5-6-7 months. At the sentencing, the court imposed a 5-month sentence but noted Spencer had made no statement in the PSI report and had declined to participate in the required risk needs assessment by invoking her rights under the Fifth Amendment right to the United States Constitution.
The court stated:
"Well, when the defendant declines to participate with the risk needs assessment, thereby putting us in a position where we don't have a valid risk needs assessment that can be completed the court scores that high. . . ."
. . . .
". . . She has the right to decline the information. . . . We're not going to score lower by default. That results in a low risk needs assessment score by every defendant that comes before the Court, unless the criminal history score is--independently, automatically would create a high score."
". . . Under these circumstances, she has to be scored high because otherwise the whole risk needs process loses even the last shred of credibility and liability."
The court placed Spencer on probation with community corrections intensive supervision, stating that if she did well she could be transferred to standard probation.
Spencer appeals, contending the trial court erred in placing her on community corrections probation instead of court services probation because it used her exercise of her Fifth Amendment privilege against self-incrimination during the PSI preparation process as a basis for its actions.
The State counters by arguing Spencer may not complain about the conditions of her probation, the appellate court has no jurisdiction to review a presumptive sentence, and the United States Supreme Court case relied on by Spencer, Mitchell v. United States, 526 U.S. 314, 143 L. Ed. 2d 424, 119 S. Ct. 1307 (1999), related to the length of a drug sentence which is not in issue in our case.
It is true that we have no jurisdiction to consider an appeal from a presumptive sentence, K.S.A. 21-4721(c)(1); State v. Flores, 268 Kan. 657, 659, 999 P.2d 919 (2000), but the issue raised relates to a constitutional violation in determining the terms and conditions of the probation granted.
In discussing probation in State v. Windom, 23 Kan. App. 2d 429, 432, 932 P.2d 1019, rev. denied 262 Kan. 969 (1997), we said:
"Kansas courts have consistently recognized that probation is a privilege granted by the sentencing court and the court has broad power and authority in imposing conditions of probation so long as such conditions do not violate statutory law or constitute an abuse of discretion by the court. See State v. Walbridge, 248 Kan. 65, 68, 805 P.2d 15 (1991). The court in State v. Starbuck, 239 Kan. 132, 133, 715 P.2d 1291 (1986), stated: 'Probation from serving a sentence is an act of grace by the sentencing judge and is granted as a privilege, not as a matter of right. The judge, when granting probation, has broad powers to impose conditions designed to serve the accused and the community.'
"Although the imposition of the KSGA [Kansas Sentencing Guidelines Act] has curbed the district court's discretion in awarding prison or nonimprisonment sentences, if probation is granted, the district court's discretion in imposing conditions along with the probation has remained the same. See K.S.A. 21-4610(c)."
The specific language of K.S.A. 2002 Supp. 21-4610(c) authorizes the trial court to assign a defendant granted probation to a community correctional services program, as was done in this case. There is no question the trial court was within its discretion in determining the conditions to impose on Spencer for her probation.
Spencer does not counter either of the above contentions of the State but centers her appeal on the contention that her Fifth Amendment right against self-incrimination was violated because the trial court used her silence during the PSI report preparation to grade her risk or needs assessment as being high, resulting in the imposition of more stringent conditions to her probation.
Spencer's reliance on Mitchell, 526 U.S. 314, to compel her to be placed on court services probation is misplaced. Mitchell pled guilty to distributing cocaine but reserved the right to contest the drug quantity at sentencing. She had been informed she faced a mandatory 1-year minimum in prison for distributing cocaine but a 10-year minimum for conspiracy if the government could show she distributed over the required 5 kilograms.
At the sentencing hearing, codefendants testified to regular sales by Mitchell that exceeded the 5 kilogram threshold and another witness testified that she had sold her 2 ounces of cocaine. Mitchell put on no evidence and argued the only reliable evidence showed she had sold only 2 ounces of cocaine.
The federal district court ruled, as the result of her plea, that Mitchell had no right to remain silent about the crime's detail, found the codefendants' testimony put her over the 5 kilogram threshold thus mandating the 10-year minimum sentence, and noted Mitchell's failure to testify was a factor in persuading the court to rely on the codefendants' testimony. After being affirmed by the Third Circuit Court of Appeals, the United States Supreme Court reversed. 526 U.S. at 321.
The majority opinion first held that a guilty plea does not waive the self-incrimination privilege at sentencing because such proceedings are clearly a part of "any criminal case." 526 U.S. at 327. The opinion further held that it is not proper for a sentencing court to draw an adverse inference from a defendant's silence in determining facts relating to the circumstances and details of the crime. With the sentencing hearing being part of the criminal case, the rule against negative inferences at trial continues to apply. 526 U.S. at 317, 326-30. The Court expressed no opinion as to whether a defendant's silence bears upon the determination of a lack of remorse or an acceptance of responsibility for the crime to allow a downward adjustment of a sentence. 526 U.S. at 330.
The issue we face is not the extent of the sentence to be entered. There is a great difference between the imposition of a minimum 10-year prison sentence and the question of the trial court's statutorily granted discretion in the determination of the terms and conditions of the beginning of probation.
In our case, Spencer exercised her Fifth Amendment rights during the preparation of the PSI report, not during a sentencing hearing. The risk or needs assessment was not conducted for the purpose of determining the facts, circumstances, or details of the crime charged. As the trial court pointed out in this case, if every defendant would exercise his or her Fifth Amendment rights during the PSI preparation and automatically receive the most beneficial assessment as Spencer claims, there would be no point in doing the risk or needs assessment and its value to the rehabilitation process and as a tool to protect the public would be negated.
We did follow Mitchell in State v. Aikman, 29 Kan. App. 2d 1, 4, 26 P.3d 1276 (2001), where the sentencing court used the defendant's refusal to disavow affiliation with a gang in order to impose a departure sentence. We held the trial court's reliance on a negative inference from Aikman's silence was impermissible under Mitchell. 29 Kan. App. 2d at 4. Our situation is materially different from the Aikman case. There, a harsher sentence was imposed on remand, it involved a departure sentence without factors justifying such action.
As was said in State v. Borders, 255 Kan. 871, 886, 879 P.2d 620 (1994): "In considering the sufficiency of a PSI report certain rules have been recognized. 'Presentence reports are valuable tools and should be given close attention by sentencing judges to the end that offenders may receive fair sentences based on the best available information rather than on inadequate guesswork.' [Citation omitted.]" Borders complained his lack of participation in the PSI process--he initially refused to cooperate and a second interview was aborted due to administrative complications--denied him of a significant right and was violative of due process. Our Supreme Court held: "The defendant cannot refuse to participate in the PSI interview process and then use the failure of an interview as a ground for appeal." 255 Kan. at 887.
In Kansas before the Mitchell decision, we held that "[a] person who has pleaded guilty to a crime but who has not yet been sentenced is entitled to exercise the Fifth Amendment privilege against compelled testimonial self-incrimination with respect to the crime to which he has pleaded guilty." State v. Rucas, 12 Kan. App. 2d 68, Syl.¶, 734 P.2d 673 (1987). The trial court recognized this right but correctly held that the exercise of such right has consequences.
When probation is the presumptive sentence, the trial court's rights and obligations under K.S.A. 2002 Supp. 21-4610(c) come into play, as do the provisions of K.S.A. 2002 Supp. 75-5291(a)(2)(E) which allows community correction services to "any offender who is determined to be 'high risk or needs, or both' by the use of a statewide, mandatory, standardized risk assessment tool or instrument validated for community correction placements." When adequate information is not available, it is not error for the trial court to place a convicted felon in the high risk status so that the needs of such a party will be met and the highest services be made available so that probation will most likely be successful and community protection will be achieved.
The trial court took the correct action based on the information available in commencing Spencer's probation with community correction services under the facts and circumstances of this case.


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The Company Store: Bed & Bath Linens
- Location: online only
- Website: thecompanystore.com
Store History
- Founded: 1911
- Headquarters: Lacrosse, WI
The Company Store might not be the most fashionable kid on the block, but it's a solid source for basic and colorful bedding at a good price.
Their frequent sales mean you can almost always find markdowns. We like their flannel sheets, simple duvets, and cotton blankets. In addition to a big bedding selection, they also carry bath stuff, furnishings, and pajamas.
The Company Store was founded in LaCrosse, Wisconsin, where they continue to manufacture bedding. They've long been a catalog-based store, and they easily made the transition into online retailer. They also have an offshoot brand, Company Kids, which sells bright bedding designed especially for boys and girls.
• 1 Prescott Quilt
• 2 La Crosse Primaloft Deluxe Comforter / Duvet
• 3 Hampton Blanket
• 4 Organic Cotton Woven Blanket
• 5 Layton Quilt
• 6 Organic Cotton Jersey Bedding
• 7 Chalkstripe Pinstripe Flannel Bedding
• 8 Cotton Towels and Bath Rugs
• 9 Round Dot Shower Curtain
• 10 Egyptian Cotton Robes
Around the Web
- Online Store Review: The Company Store[Associated Content]
- The Company Store Reviews[Smarter]


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Parolee recorded pizza driver before killing him
DENVER (AP) — A Colorado parolee suspected of killing the state's prisons chief and a pizza delivery man forced the delivery man moments before his death to read a rambling statement that seemed to denounce prison officials for putting inmates into solitary confinement, according to federal prosecutors.
Prosecutors say Evan Ebel recorded the statement shortly before shooting Nathan Leon to death March 17. Ebel is suspected of shooting and killing Colorado prisons chief Tom Clements two days later.
The Denver Post reported Monday (http://bit.ly/1ejzYLu ) that the recording of Leon was revealed in court filings related to the upcoming sentencing of Stevie Vigil, who pleaded guilty to buying the handgun Ebel allegedly used to kill Leon and Clements.
In part, the transcript reads, "You didn't give two (expletive) about us or our families and you ensured that we were locked behind a door, to disrespect us at every opportunity, so why should we care about you and yours. In short you treated us inhumanely, and so we simply seek to do the same."
The recorder was found after Ebel died in a shootout with Texas authorities March 21. The actual recording has not been released, and the transcript contained in the court filing was the first disclosure of its existence.
"There's probably fear in his voice. He probably knew he was going to die," said Leon's mother-in-law, Bernadette Alness, who told the Post on Monday that her family had been unaware of the recording. "The thing that goes through all of our minds is the fear that Nate must have felt, being thrown in a trunk, going for a ride."
Ebel's father, Jack Ebel, said nearly 5 1/2 of the six years his son was incarcerated had been spent in solitary confinement. Evan Ebel was paroled less than two months before the slayings.
Information from: The Denver Post, http://www.denverpost.com
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CRESTVIEW � Residents on wheels and residents on four legs might soon have facilities just for themselves if proposed skate and dog parks become a reality. The Crestview City Council, meeting as the Community Redevelopment Agency Board, was receptive to a concept presented by Councilwoman Robyn Helt and Public Services Director Wayne Steele.
CRESTVIEW � Residents on wheels and residents on four legs might soon have facilities just for themselves if skate and dog parks proposed for Twin Hills Park become a reality.
The Crestview City Council, meeting as the Community Redevelopment Agency Board, was receptive to a concept presented by Councilwoman Robyn Helt and Public Services Director Wayne Steele.
Helt had previously proposed a dog park for a wooded area in Twin Hills Park's southwest corner. Last fall, after a Florida League of Cities meeting, several firms approached Steele with offers to develop a skate park. The same location under consideration for the dog park also looked feasible for a skate park.
However, at Monday evening's CRA meeting, Steele and Helt presented a new concept that would move both parks to Twin Hills Park's north side near U.S. Highway 90.
Crestview Police officer Sam Kimmons recommended the area, as the original southwest corner site was close to the woods and railroad tracks, Steele said.
"Sam's concern as a police officer was he thought it would be problematic because it would give teenagers and youth a place to hide and do different things," Steele said. "It (the skate park) needs to be a high visibility area. You don't want it to be hidden where people can't see it. It makes sense. You want people to be able to monitor it."
By placing the skate park alongside the dog park, "it almost acts as a watchdog for the skate park as well," Helt said. "It really opens up the park for every member of the family. It makes Twin Hills a place where every member of the family can be entertained."
The new suggested location also allows both parks to be bigger than planned, Steele said.
"We can have an area designated for beginners," Steele said, referring to skaters. "We would have (the dog park) subdivided for smaller dogs and larger dogs."
Steele said his department would consult with area kids to see what they would like to see in a skate park.
One young skater already offered some advice, he said.
"I met with one youth," he said. "One thing we eliminated is the bowl. Kids today don't like it. They say you have to be so good you can't use it." A bowl is a skating formation similar to an empty swimming pool.
Funding for the Twin Hills Park improvements would come from CRA funds and parks improvement budget money, Councilman Charles Baugh Jr. said.
Council and board President Ben Iannucci III raised several considerations, including the noise factor of the skate park, and whether there is adequate parking. In addition, he said, there was an aesthetic consideration.
"That part of the park is the entrance view of the park, and we're taking away a lot of greenery" with the proposed skate and dog parks, he said.
Steele said he would resume discussions with Kimmons, local skaters and park designers and bring a proposal with a budget to the CRA's next meeting.


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OAKLAND, Calif. (AP) With the wind, Stefen Romero thought his deep fly might not have enough and he would be denied his first major league home run. He put his head down and took off running anyway.
Romero hit it hard enough to clear the left field fence for a tiebreaking solo shot in the fifth inning, and the Seattle Mariners beat the Oakland Athletics 4-2 on Monday night for their third straight victory and eighth in 10 games.
Romero is taking home a souvenir ball, and the gratification he knew why his teammates were giving him the silent treatment afterward.
''I tried to play it off a little bit and went all the way to the end of the dugout and took off my batting glove, put my bat away and tried to beeline to the edge of the dugout so they wouldn't rush me,'' Romero said. ''Then (Robinson) Cano gets a base hit. After the base hit, that's when they all just lost it and congratulated me.''
Chris Young (2-0) allowed two hits over six strong innings to win his second straight start. He began the year with four straight no-decisions as he came back from shoulder surgery that caused him to miss much of 2013.
The right-hander faced the minimum through three and didn't allow a hit until Jed Lowrie's one-out single in the fourth. Brandon Moss hit a tying two-run homer two batters later.
''He's 6-foot-10 and he's throwing out of the sky,'' Moss said of Young. ''It looks like he's throwing soft and the radar gun says he's throwing soft, but the way he pitches up and down, it makes it tough.''
Romero, a 25-year-old rookie, homered in his 53rd career at-bat. He is batting .306 over his last nine games.
''Fortunately it got out,'' Romero said of the wind. ''Just not having done it this year, it's pretty sweet to get that one out of the way.''
Moss hit his drive to right to give the A's brief momentum only to see Romero connect in the top of the fifth for a Seattle lead. Brad Miller added an RBI single in the sixth.
Scott Kazmir (4-1), off to the best start in his career, was tagged for eight hits and four runs in six innings.
''He had his way with us for two outings in a row,'' manager Lloyd McClendon said. ''I thought our guys were probably a little bit more determined tonight, better at-bats, better approach. We were able to get his pitch count up a little bit.''
The A's were without two key outfielders and hitters to begin the game with the injured Yoenis Cespedes and Josh Reddick out of the starting lineup. Cespedes entered as a pinch-hitter in the seventh and stayed in the game.
Oakland did little else after Moss' big hit and kicked off a 10-game homestand - the club's first of three such stints at the Coliseum this season - with just its third loss in seven matchups against Seattle so far.
Young won back-to-back starts for the first time since May 19 and 24, 2009, for the Padres. He also improved to 14-6 in 29 career May starts. His April 6 outing at Oakland was his first in the majors since Sept. 29, 2012, with the New York Mets.
''Stuff-wise, I'm not there. I don't know if I'll ever be. I've had three shoulder operations,'' Young said. ''The shoulder feels healthy. I feel like when I've been healthy in my career I've pitched pretty well.''
Fernando Rodney, Seattle's fifth reliever on a night the bullpen was thin, finished for his eighth save in nine opportunities as Seattle earned its first three-game winning streak since sweeping a season-opening series at the Angels.
NOTES: McClendon expected to name his second starter for Wednesday's doubleheader on Tuesday. Felix Hernandez will start one of the games. The teams must make up a game from April 4, when Oakland didn't use a tarp through a heavy rainstorm and the field was unplayable. ... Oakland RHP Sonny Gray (4-1, 1.91 ERA) earned AL Pitcher of the Month honors for April. ... A's RF Reddick could miss another day as he nurses a sprained ankle suffered Sunday in Boston. ... Mariners OF Logan Morrison, sidelined since April 16 with a strained right hamstring, is recovering more slowly than expected. Even McClendon is surprised. ''I have been. There's no sense in arguing about it,'' he said. ''When I get him I get him. Until then I'll just read his tweets.''