Carlos Delgado was impressive in his National League debut with the Florida Marlins on Tuesday after getting off to a slow start. In the first inning, the Marlins scored five runs off Atlanta Braves starting pitcher John Smoltz, while Delgado struck out on three pitches. Delgado made up for this disappointment by following it with four straight hits, hitting four-for-five with three RBIsen route to a 9-0 victory.
Before the start of the season, there was some concern about how the change from American to National League would affect the slugger’s performance. Delgado spent the past thirteen seasons with the Toronto Blue Jays before signing a four-year, $52 million contract with the Marlins. Marlins manager Jack McKeon said, wryly, “Many of the writers asked during spring training if his change of leagues was going to be a factor. In the first inning, it was.” Delgado has certainly made an impact on the Marlins organization, and there is a lot of excitement in Miami over his new arrival. Opening day attendance was a record sell-out at Dolphins Stadium of 57,405, and spirits are high as the Marlins are one of the favourites to win the National League East, thanks in no small part to Delgado’s presence. But, the baseball season is a long road to travel; as Delgado said, “Obviously, we have good talent here. We’ve got to go out and play. Because we’ve got such and such, and we picked up this guy, that doesn’t mean anything. You’ve got to go out and do it on the field. Yeah, it was a great game. But it’s over now.”
Today’s game was played in front of 57,405 at Dolphins Stadium.
The Old Courthouse in Santa Clara County. This courthouse is often cited as the origin of corporate personhood, as the 1886 Supreme Court case in Santa Clara County v. Southern Pacific Railroad began here.
Judge James A. Stoelker of Santa Clara County, California Superior Court was disqualified from hearing a case on predatory lending practices the day before Christmas, on a technicality. The case was filed by David and Salma Merritt of Santa Clara County against multiple defendants, including Countrywide, Bank of America, and First American Title, among others.
The Merritts had challenged Judge Stoelker’s involvement in the case, claiming many of his rulings had favored his former clients even when law would have indicated otherwise. Some of the defendants are Judge Stoelker’s former clients.
The events leading to this case began in 2006 when the Merritts accepted a home loan from Countrywide. At that time, Countrywide was advertising 30-year mortgages at between 1 and 3 percent interest. The Merritts received a “good faith estimate” consistent with those advertisements. They claim that Countrywide representatives tricked them into signing loan documents that were subsequently altered to appear to commit them to an obligation they had not agreed to.
A review of similar predatory lending cases filed by individuals in California found that all had been settled in at most 9 months, usually in favor of the banks. Merritt v. Mozilo has continued in the courts for much longer, celebrating its third anniversary last Saturday. The Merritts’ claims are consistent with published statements by Eileen Foster, former Executive Vice President of Fraud Risk Management at Countrywide, that fraud was endemic to certain parts of Countrywide.
Theirs was the only case heard in Department 9 that morning in recognition of Christmas. That hearing was scheduled, because the Sixth District of the California Court of Appeals (case number H038883) required the Santa Clara County Superior Court to (a) give all parties an opportunity to be heard regarding the possible disqualification of Judge Stoelker and (b) reply to the appellate court by December 26. This appellate ruling was only issued on November 26, and Judge Mark H. Pierce did not schedule the required hearing until December 12. The notice for this hearing required parties to file responses ten days before, which meant that the parties only had two days to prepare their replies.
On August 16, the Merritts learned Judge Stoelker had represented defendants in this case on numerous occasions before he was appointed to the bench in December 2010 and had not disclosed this fact to the Merritts. The next day they filed a Verified Statement of Disqualification asking Stoekler to recuse himself. The California Code of Civil Procedure (CCP) 170.3(c)(3) and (4) [confirmed in the 1988 appellate decision in Lewis v. Superior Court] give a judge ten days to respond to to such a motion. Stoelker replied on the eleventh day.
“All Rise” was heard at 9:04 AM local time Monday morning, whereupon Judge Pierce entered the courtroom. Attending by phone were attorneys James Goldberg representing Bank of America and Brian Craft representing First American Title. David Merritt was present representing himself. Goldberg had filed a brief asserting that the Merritts’ Verified Statement of Disqualification was served upon Judge Stoelker on August 17 but was not filed, as witnessed by the fact that it was not listed on the docket. Judge Pierce reported that he had checked the files and found that this Statement had indeed been filed, and he didn’t know why it was not on the docket. Attorney Goldberg suggested that the fact that the Statement was not on the docket may have contributed to Judge Stoelker’s failure to respond within the ten day limit. Judge Pierce replied, “That’s a stretch.”
Attorney Craft asked about next steps, since all action in this case had been stayed by the appellate court pending resolution of this issue. Judge Pierce then replied that Judge Manoukian would be handling discovery in this case, replacing Judge Stoelker in that capacity. He further stated that a reply to the appellate court had been prepared concurring with the appellate court’s disqualification of Judge Stoelker and asked Mr. Merritt to retrieve that order from the clerk in the courtroom and file it as usual with the clerk’s office. He also noted that this action would lift the stay. Other actions in this case could now proceed with the next steps being scheduled January 22, 2013, or later.
This is the second appellate reversal of decisions by this superior court in this case. The first reversal came on December 19, 2011, when the appellate court reinstated Wells Fargo as a defendant.
Documents, reportedly leaked from the investigation into the death of Jean Charles de Menezes, the Brazilian electrician shot dead by British Police on the London Underground on 22 July reveal that Mr de Menezes was not acting suspiciously and was already restrained when shot.
Furthermore, the documents reveal that the original report given by the police and recorded on the coroners report contained many false statements. The reports suggest the police shot Jean Charles de Menezes because they mistakenly identified him as Hussain Osman, and had agreed to shoot him if he ran. Hussain Osman was suspected of having placed a faulty or mock explosive in a train.
The original reports claimed that de Menezes was acting suspiciously, was wearing a padded jacket, and ran when challenged, even vaulting the ticket barriers. However, the leaked documents, which include statements from officers involved in the operation and photographs of the scene, show that he behaved like any other commuter, used his travel pass to enter the station, even picking up a newspaper on his way. He was not challenged by police, and appears to have been unaware of being followed until after he entered the train. Photographic stills show he was only wearing a light denim jacket. It appears that he only ran in order to reach a train that was about to leave the platform.
The leaked document describes CCTV footage, which shows Mr de Menezes entered Stockwell station at a “normal walking pace” and descended slowly on an escalator.
The document said: “At some point near the bottom he is seen to run across the concourse and enter the carriage before sitting in an available seat.”
An eye witness, who was sitting opposite de Menezes on the train, is quoted as saying: “Within a few seconds I saw a man coming into the double doors to my left. He was pointing a small black handgun towards a person sitting opposite me. He pointed the gun at the right hand side of the man’s head. The gun was within 12 inches of the man’s head when the first shot was fired.”
This report is considerably different to initial reports that claimed de Menezes tripped as he fled onto the train, before being restrained by pursuing officers and shot. Photographs leaked to ITN appear to corroborate this new witness’s report as they clearly show blood on the seat in which de Menezes is said to have been sitting.
Other statements suggest that the Brazilian was seated before being pinned down by a plain-clothed police officer. Plainclothed armed officers had entered the carriage at this point. Several shots were then fired and de Menezes was hit seven times in the head and once in the shoulder. Three further shots missed Mr Menezes.
A community officer’s report (one of the leaked documents) confirms that Mr. de Menezes was seated and restrained at the time of being shot:
“I heard shouting which included the word ‘police’ and turned to face the male in the denim jacket.
“He immediately stood up and advanced towards me and the CO19 [the armed unit] officers …I grabbed the male in the denim jacket by wrapping both my arms around his torso, pinning his arms to his side.
“I then pushed him back onto the seat where he had been previously sitting … I then heard a gun shot very close to my left ear and was dragged away onto the floor of the carriage.”
The leaked documents confirm that Police had been given permission to shoot if a suspect was non-compliant, having been told that “unusual tactics” may be required and if they “were deployed to intercept a subject and there was an opportunity to challenge, but if the subject was non compliant, a critical shot may be taken.” It is thought that when he ran for the train officers felt this was suitable evidence of “non-compliance”.
The Independent Police Complaints Commission (IPCC) said its priority was to keep Mr de Menezes family informed and refused to comment on the details of the leak.
The commission said the family “will clearly be distressed that they have received information on television concerning his death”.
In an interview with the Guardian Newspaper, Asad Rehman, spokesman for the family’s campaign, called for a public inquiry. “This was not an accident,” he said. “It was serious neglect. Clearly, there was a failure both in police intelligence and on an operational level.”
Harriet Wistrich, the family’s solicitor expressed concerns, during an interview with ITN, that the Police had withheld information from the investigation for a longer period than was permitted under UK law. Ms. Wistrich also claimed, in a separate interview with the BBC, that the documents suggest that the original information given to the pathologist who carried out the post-mortem examination on Mr de Menezes was incorrect and that the information the leaked documents contained was “shocking and terrifying”.
“What sort of society are we living in where we can execute suspects?” she asked in the BBC interview.
An unnamed senior police source told the Guardian that the leaked documents and statements give an accurate picture of what was known so far about the shooting. Former Flying Squad commander John O’Connor told the BBC “had the normal procedures taken place in which a warning is given and officers wear specially marked clothing then this young man may not have been killed.”
The IPCC statement added: “The IPCC made it clear that we would not speculate or release partial information about the investigation, and that others should not do so. That remains the case.”
Mark Oaten, Home Affairs Spokesman for the Liberal Democrats, said: “If true, these preliminary findings will create obvious concerns. It is in the best interests of the police and the community for the full report and any recommendations, to be published as quickly as possible.”
GE Profile 27\” Built-In Double Thermal Convection Wall Oven Review
by
Bettie Stark
You would not want to choose a professional sized microwave for a normal household to cook your chicken fillets. You simply immerse both pot and cover in water and let it soak for ten minutes before placing the food into the pot, then put it into the cold oven–no pre-heating! If you\’ve heard of solar ovens, you might want to unravel the mechanics involved in its working. I suggest performing your own rough calculations, using a measuring cup to fill up your bread pan with water. Did you know that you can not only enhance your kitchen, but also add value to your home? Think of a weekend get-together and one of the first things that comes to your mind is a barbecue. This means that with a convection microwave cooking healthy food and tasty meals can be done all of the time. In a shallow bowl, mix together breadcrumbs, garlic, parsley, salt, pepper, and tarragon. While aluminum cast ovens work great and can be used outside, heavy weight cast iron ovens were originally designed and used for outdoor use including long trail drives. The control panel, however, is my favorite exterior feature. Place the baking tray in the oven for 30 minutes or till the chops are cooked completely.
Avoid using abrasive materials when cleaning as they might leave unwanted scars and dents on your otherwise perfect microwave. Microwaving has become the quintessential way of preparing meals. The bake element that is normally found on the bottom of the oven has now been covered to provide you with a more even temperature throughout your entire oven. They should keep distance with it in using, otherwise it will cause dizziness, hair loss and other terrible symptoms. With brilliantly designed handles, coloring as well as a smart control-panel, this wall oven will absolutely take your kitchen to an entirely new appearance level. Scrape the food stains on your pot after cooking. It easily succeeds the parboil mixture. While touchpad oven controls are more precise than knobs, front-mounted versions are easy to bump and reset by accident. There are lots of small tips that can help you get the precise cake that you are after. This will provide you with more accurate temperatures, and if you place a dish on the lower rack, it will not heat faster than the rest of the oven.
This cooking system even distributes air within the oven from corner-to-corner, providing users with an even cooking temperature throughout the entire oven. Add one cup of water to your bread pan until it appears to be full. The microwave control panel features the same electronic design, and is located in the traditional spot for a microwave. It uses infrared energy. When you are searching for a new wall oven, there are several things that you must ensure your remember. Decide which type of convection fan the ovens you are considering to have. You will also need a cooler. During the olden days, visiting a restaurant that made use of brick ovens was meant only for the privileged few. I always keep oven mitts and thick pot holders near the stove.
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An estimated 150,000 protesters in Melbourne fill Federation Square blocking roads in all directions.
People rallied in 300 locations across Australia today to protest the Federal Government’s proposed changes to industrial relations laws, WorkChoices. According to police, around 150,000 people congregated in Melbourne, from where speeches were broadcast throughout the country. In Sydney, thirty thousand gathered in Belmore Park and Martin Place to watch the broadcast before marching to Chifley Square.
Sharan Burrow, President of the Australian Council of Trade Unions (ACTU), said that under the changes many working conditions would be under threat, including “penalty rates, public holidays, overtime pay, control over rostered hours, shift penalties, even 4 weeks annual leave.” The government has claimed, despite various expert assesment to the contrary, and opposition from major Australian religious and charity organisations and some concern from its own backbench, that the IR changes will improve the economy and ultimately benefit workers, and dismissed the protests as having “little effect”.
With a victory at the World Poker Tour (WPT) in Grand Prix de Paris already under his belt, this latest win makes him the first person to be both an EPT and WPT champion.
“This week I didn’t have the luck of the Irish, I had the luck of the whole of Europe”, De Wolfe said. “It’s an honour to be the first person to win an EPT title and a WPT title when there are so many good players out there. I’m thrilled”.
The Dublin EPT event brought up a field of 389 players from around the globe, De Wolfe managed to outplay the entire field to gain his champion slice of the Euro 1,847,750 prize pool.
Fighting for the top prize or at least a slice of the Euro 1 847 750 prize pool were many international players, and the final table was made up of U.K. players Rob Yong, Gavin Simms, and Nick Slade as well as William Thorson, of Sweden; George McKeever, from Ireland; and Patrick Bueno and David Tavernier, both from France.
You’ve probably seen examples of teeth whitening gone wrong. This kind of unsightly dental faux pas can come with home treatments as well as so-called “professional” dentistry. With the right products and truly professional dental care, these issues can be corrected or – better yet – avoided in the first place!
In case you didn’t know, all these problems can occur with low-grade products or amateur application of teeth whitening treatments.
1. Too White & Bright: When people look as if they have a powerful lamp emanating from behind their pearly whites, it’s clear that teeth can take on an overly extreme appearance of whiteness. A true professional will consider a person’s complexion and natural coloring of unstained tooth surfaces before recommending treatment. In addition, a progressive whitening process – consisting of several professional treatments over time – will help ensure that a person’s pearly whites do not become whitened to a jarring extreme.
2. Uneven Coloring: Some people have calcium deposits on their teeth that take the form of bright white spots. Rather than evening out the coloring, teeth whitening treatments will probably brighten all the shades involved, causing the calcium deposits to become even brighter, resisting the desired effect of uniform tooth coloration.
A dentist who really knows his stuff would not suggest traditional bleaching treatments for those with calcium deposits; instead, he or she would recommend bonding or even full porcelain laminate veneers to provide permanent and visually appealing results.
To prevent appearance of additional calcium deposits, you should maintain a healthy diet and dental hygiene while attending annual routine checkups with your dentist. Additional safeguards include using a motorized tooth brush and tooth paste that includes baking soda or peroxide. You can also ask your dentist about fluoride treatments during your regularly scheduled checkups.
3. Repeat Issues: Some people’s teeth are overly prone to staining, or their lifestyles make repeat staining impossible to avoid. Soft enamel or various physical conditions can cause regular yellowing of dental surfaces, causing understandable grievances after money has been spent on teeth whitening. Some lifestyle choices, such as constant coffee or dark soda consumption, can be avoided, or their impacts on tooth coloring can be lessened by the use of drinking straws.
Another common culprit is cigarette smoking; the tooth-discoloring impact of this habit can be all-but eliminated by the use of various lengths of cigarette holders. These accessories can also be considered classy, as they were popularized by Audrey Hepburn – the epitome of the classy lady – in the classic film Breakfast at Tiffany’s.
To avoid teeth whitening gone wrong in your own oral cavity, be sure to consult a truly professional dentist before you attempt any coloration alterations on your own.
Talese at home: “You must have a human spirit unmatched since Billy Graham made his first speech! I mean you have to have a real conscience, social conscience, to care [about the Iraq war]. Where are the protests coming out of the Ivy League or the University of Alabama? They’re not there because there’s no conscription. There should be conscription. There should be a draft. There should be. Everybody should serve.”photo: David Shankbone
Gay Talese wants to go to Iraq. “It so happens there is someone that’s working on such a thing right now for me,” the 75-year-old legendary journalist and author told David Shankbone. “Even if I was on Al-Jazeera with a gun to my head, I wouldn’t be pleading with those bastards! I’d say, ‘Go ahead. Make my day.'”
Few reporters will ever reach the stature of Talese. His 1966 profile of Frank Sinatra, Frank Sinatra Has a Cold, was not only cited by The Economist as the greatest profile of Sinatra ever written, but is considered the greatest of any celebrity profile ever written. In the 70th anniversary issue of Esquire in October 2003, the editors declared the piece the “Best Story Esquire Ever Published.”
Talese helped create and define a new style of literary reporting called New Journalism. Talese himself told National Public Radio he rejects this label (“The term new journalism became very fashionable on college campuses in the 1970s and some of its practitioners tended to be a little loose with the facts. And that’s where I wanted to part company.”)
He is not bothered by the Bancrofts selling The Wall Street Journal—”It’s not like we should lament the passing of some noble dynasty!”—to Rupert Murdoch, but he is bothered by how the press supported and sold the Iraq War to the American people. “The press in Washington got us into this war as much as the people that are controlling it,” said Talese. “They took information that was second-hand information, and they went along with it.” He wants to see the Washington press corp disbanded and sent around the country to get back in touch with the people it covers; that the press should not be so focused on–and in bed with–the federal government.
Augusten Burroughs once said that writers are experience junkies, and Talese fits the bill. Talese–who has been married to Nan Talese (she edited James Frey‘s Million Little Piece) for fifty years–can be found at baseball games in Cuba or the gay bars of Beijing, wanting to see humanity in all its experience.
Below is Wikinews reporter David Shankbone’s interview with Gay Talese.
The mainstream press has recently uncovered the story of a wild pig, nicknamed ‘Monster Pig‘ killed on May 3, 2007, by an eleven year-old boy, Jamison Stone. The location is disclosed as a 2,500-acre commercial hunting preserve called Lost Creek Plantation, outside Anniston, Alabama.
The wild hog weighed 1,051 lbs. and was 9 ft. 4 in. from the tip of its snout to the end of its tail. The hog’s head was mounted on an extra-large foam form and measured 54 inches around the head, 74 inches around the shoulders and 11 inches from the eyes to the end of its snout. The balance of the hog is being turned into approximately 500 to 700 lbs of sausage. Jerry Cunningham, an Oxford taxidermist, said it was, “[the] Biggest thing I’d ever seen”. Wildlife specialist Dr. Jim Armstrong commented on the size said, “You might get a boar that weighs 300 or so, [Monster Pig] that’s a big pig”.
It was a pretty uneventful thing until the day after, I hadn’t seen a lot of pigs up close. I didn’t know it was a monster pig. I just knew it was as big as a cow.
”
The web host godaddy.com for the official web site monsterpig.com advised Stone that the number of hits totaled 1,246,464 as of Monday, May 21st.
Two previous record holders are Hogzilla a wild hog that was shot and killed in Alapaha, Georgia, on June 17, 2004, by Chris Griffin on Ken Holyoak’s farm and hunting reserve. It was alleged to be 12 feet (3.6 meters) long and to weigh 1,000 pounds (450 kg). Its weight was later determined to be closer to 800 lbs. A second involved local news media that reported on January 5, 2007, an 1,100 pound (500 kg) hog was shot in Fayetteville, Georgia. The shooter was William Corsey, who hung the specimen from a tree in his yard. A spokesperson from the Georgia Department of Natural Resources said that large boars and feral hogs were common in South Georgia, but that no records are kept on them. The media latched on to the notion that this animal rivals the size of Hogzilla.
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