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Goalie Tim Thomas, refusing to join his new teammates in celebration.
I'll keep this short-ish and sweet-ish. We're experimenting with new formats. Moves by the Rangers, Islanders, Panthers and Flyers below.
New York Rangers trade LW Mike Rupp to Minnesota for C/LW Darroll Powe and RW Nick Palmieri
People with long memories for NHL minutia will recall that Mike Rupp was actually drafted 9th overall in 1998 by the Islanders. That's a thing that happened – take Tom Wilson and Hugh Jessiman and multiply it by 2. Where did we go wrong, NHL fans, to lose Mike Milbury as a GM and gain him as a television personality? Either way, Rupp has made a nice career for himself as a sometime enforcer and sometime scorer, but he got absolutely wrecked at even strength last year, and he's still got another year left on his contract at 1.4M next season. Enter the Minnesota Wild, who consider such things unimportant – G.M. Chuck Fletcher says he's 'good in the room'. Powe's no prize pig at 1.07M, but he at least is a capable penalty killer and 4th line energy bringer (aka also bad territorially). Palmieri is intriguing but is unlikely to figure in the Rangers' plans – the Minnesota Wild reserve list was coming dangerously close to 50, and Palmieri was the designated sacrifice.
Los Angeles Kings trade C Andrei Loktionov to New Jersey for a 2013 5th round pick
Russian players have a value problem – if at the end of every contract they can use Russia as a threat, they can either demand money well above their worth, or simply return to play in Russia if they are unhappy with the organization they're playing in. Loktionov played 39 games for the Cup champion Kings last year, but was on the outside for their playoff run and had demanded a trade during the lockout. Still, I don't know if New Jersey is what he was looking for – they appear to have four NHL centers and Loktionov was assigned to the minor league squad. Regardless, he's a player who can provide offense (97 points in 132 AHL games) and at 22 we're still not sure what his ceiling is.
Pittsburgh Penguins trade D Ben Lovejoy to Anaheim for a 2014 5th round pick
Between losing Brian Strait to waivers and dealing Reverend Lovejoy, the Penguins sure are sloughing off a lot of defensive depth? Let's not forget they traded Zbynek Michalek in the off-season either. Lovejoy's 'advanced numbers' suggest a player who at least doesn't go backwards. With 80 points in 218 AHL games, it also seems Lovejoy can help out on the power play. Anything more than that may be a bridge too far, but Anaheim is paying Luca Sbisa far too much money to do a job that can be taken care of by the Ben Lovejoys of the world. Pittsburgh's been getting decent minutes out of Simon Despres and Robert Bortuzzo on the back end – better to trade than lose to waivers.
Boston Bruins trade G Tim Thomas to New York Islanders for a conditional 2nd round pick
A lot's been written on this, so I'll keep it brief – it's a fine deal for the Islanders. If Thomas comes back to the NHL, they'll have a fine goaltender for the year left on his deal. If he doesn't, they have someone to prop up the salary floor for a year. The NHL has already ruled that Thomas's contract cannot prop up the salary floor indefinitely – if he doesn't show up to camp next year, his contract won't keep counting towards the floor. I'm curious what the Bruins might do with this extra cap room.
Florida Panthers trade D Keaton Ellerby to Los Angeles for New Jersey's 5th round pick in 2013
Keaton Ellerby was the 3rd defenseman drafted in 2007, behind Thomas Hickey and Karl Alzner. After Hickey was unceremoniously lost to waivers at the beginning of the season by L.A., it seems nostalgia for the '07 draft has crept in. More seriously, Ellerby didn't do terribly with the 3rd pairing minutes he got in Florida and his new defense pair mate in L.A. is Drew Doughty – taking one's talents from South Beach to Long Beach has its advantages. Florida has a bunch of depth-y defensemen in Tyson Strachan and Erik Gudbranson – plus GM Dale Tallon can always hide behind the 'I didn't draft him' defense if Ellerby develops into something better.
Philadelphia Flyers sign Kimmo Timonen to 1 year extension worth $6M.
I'm not a fan of signing older players to extensions mid-season, and even less of a fan to signing them for amounts that are the same as their cap hit now. Timonen will turn 39 next season and while he's had a wildly unheralded NHL career as a top-pairing rearguard, his game will start to turn south soon, if it hasn't already. While UFA defensemen on the market figure to be less than plentiful this off-season, I don't see what the advantage to this move is, except limiting Philadelphia's potential exposure to the dreaded 35+ clause. If Timonen hit the open market, maybe he gets multi-year offers and the Flyers are forced to match. However, if keeps signing 1-year deals, the Flyers won't be up a creek if he suddenly goes bad. On the other hand, they have to deal with a guy taking up nearly 1/10th of their payroll who's not the player he was 3 years ago.
Calgary Flames sign G Danny Taylor to NHL contract, recall him to NHL
This is where NHL goaltending comes from, at least sometimes. Taylor has a .928 SV% in his last 59 games in Abbotsford and with Miikka Kiprusoff laid up for several weeks, the Flames needed a netminder. The 26 year old Taylor has plied his trade in Hamburg, Gwinnett, and Wheeling, and was born in Plymouth, England, so at least he has the well-traveled part of his potential NHL narrative down.
Aaron Palushaj claimed by Colorado from Montreal
Palushaj was up and down so often from Hamilton to Montreal last season he should've just gotten an apartment midway between the two cities. He was nearly a point a game player in the AHL over the past two seasons, but had struggled this season, and Montreal has promising young forwards in Alex Galcheynuk and Brendan Gallagher, meaning they could afford to expose Palushaj to waivers. Colorado's injury problems at wing should give him a better opportunity, and at 23, he could stick for a bit.
Interesting recalls
Calgary Flames recall C Ben Street
AHL statistics can be awfully misleading. I don't follow the AHL closely and numbers don't tell enough of the story sometimes, but what I do know is that when Ben Street was recalled, he had 3.81 shots per game in 44 AHL contests. That's good enough to earn a trip to the NHL. Street turns 26 this week and while he's never had more than 57 points in an AHL season, he might've made a quantum leap in his game this season, and Mikael Backlund's injury gives the Flames the ice time to see if that's so.
Tampa Bay Lightning recall C Alex Killorn
Alex Killorn was drafted by Jay Feaster when he was GM of the Lightning in 2007. He spent a year playing in some league that hockeydb isn't aware of. In 2008-09, he played for Harvard in the NCAA. He played four years there, his point totals increasing every year, and was signed by the Lightning when he exited college in 2012. He was part of Norfolk's run last season and put up 38 points in 44 games in the AHL this year. Sometimes it can take an awfully long time to develop a player, but sometimes all that waiting was necessary.


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What's his deal? Anyone know why he did nothing last week...? Is it just because Cam Newton is a huge ball hog and should I just drop him from my fantasy team now and pick up Lynch, who happens to be available?
(Sorry if this isn't in the right spot, mods — Please move if needed)

subset: commoncrawl


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Stereotactic Radiosurgery is a form of Image-Guided Radiation Therapy (IGRT), a radiation treatment that uses advanced imaging technologies to direct radiation dose delivery to a tumor. Tumor motion including respiration-induced and other random-patient movement often prevents targeted, optimum dose delivery.
Brainlab IGRT offers clinicians advanced imaging technology to verify patient and tumor position at the time of treatment. Knowing exactly where the tumor is allows clinicians to reduce the amount of tissue irradiated, targeting only the tumor and sparing the surrounding normal tissue. Irradiating less normal tissue reduces the toxicity of radiotherapy, improves the patient's quality of life, and may make it possible to deliver higher radiation doses to the tumor in fewer treatment sessions.
Treatment Time
Stereotactic Radiosurgery allows radiation treatment to be applied in a single session with a high dose of radiation. This is different from fractionated stereotactic radiotherapy where radiation is delivered in smaller amounts in a series of treatments over a period of time.
Short treatment times can be important for three reasons: treatment, accuracy and patient comfort. The length of treatments with some devices can be extreme, lasting an hour or more, during which the patient must lie as still as possible. Prolonged treatment times can make the entire process even more stressful, and some physicians recommend practicing meditation during the procedure or even prescribe a sedative. Reducing the treatment time also minimizes the time where the patient may make small movements that can affect the overall accuracy of the treatment.
Fast treatment delivery improves both patient comfort and treatment accuracy. Stereotactic Radiosurgery is virtually painless and does not typically require anesthesia. Moreover, as compared to conventional surgery, there is no scarring or disfigurement and little risk of infection.


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nietzsche wrote:Phatscotty wrote:No, you were constantly trying to argue with someone without having anything to argue about while accusing them of not knowing how to argue.
Says more about you than it does me....
Nope, sorry, I told you I wasn't gonna let you walk away with this one.
You tried to casually implant that Atlas Shrugged is the second most influential western book, which is false. Pretty much as a salesman will little by little, introduce misleading facts further and further, and if you don't stop him later you have that X car is no doubt the best invention ever since sex in the mornings.
Atlas Shrugged is not the second most influential western book, however you want to pile up quotes. That's all.
And if you lie, I will show your lies, and if you try to advance any further Ad Eminem attacks I will show the screenshots I have were you claim to have attained riches by following the trail of money makers and finding the hiding trails and have some sort of hyper mentality and some other bunch of crap that shows how brainwashed you are.
I had deleted a previous comment where I hinted you had told this bunch of get-rich-quick book crap to me, but you chose to keep at it, and now that I remember, you never said that was a secret, so I guess I can share it.
how would you go about determining the most influential books? clearly you don't think a poll is sufficient.


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SEMA 2013 New Product Roundup
SEMA is a joyous time for gear heads -- just look at the awesome new parts and tools that debuted this past year! We were thinking of you when we poured through the mountain of new products, so here's a rundown of just some of the cool stuff.
Cordless Wonder
Ingersoll Rand's R1100 Series ratchet is available in 3/8- and ¼-inch sizes and delivers up to 30 lb-ft of torque and has durable heads to handle additional manual ratcheting when the job demands it. The patent-pending slim-line battery design and paddle-style trigger allow for easy operation and a variety of grip positions and angles.
New Start
Kinetik's new line of HC REV Series power cells feature an advanced silver plate AGM technology and an all-new case designed for maximum output while keeping heat under control. The battery also comes with a 2-year warranty. Join the REVolution today and provide your electronics the power they demand.
Spray Classy
3M's Paint Defender Spray system comes in two parts -- the first being the spray film, which protects paint from rock chips, bugs, sand, salt, and other crap that can damage your beautiful finish. It dries as an invisible coating and dries to a continuous clear film that is removable by hand. The spray trigger, which can be used with any aerosol can, features a comfy grip that reduces hand fatigue.
The Right Touch
The TouchScreen Work Glove from Ironclad, lets you operate touch-screen devices without ever having to remove your gloves. The exclusive TS1 material that has been sewn into the fingertip and palm side of the glove draws connectivity from the entire palm of the hand, which ensures that the maximum amount of conductivity us available at the thumb and fingertips, and that the glove functions in both clean and dirty conditions.
Tug Job
Everybody has a train horn, so why not blow them out of the water with this tugboat sounding horn? The noise can easily be mistaken for a deep ship horn sound … coming in at full speed.
Quality Control
RideTech's new Q-Series smooth body shocks offer superior ride quality of a monotube shock with tenability. The rebound adjustable valving allows for the ultimate handling performance at the turn of a knob. Available in a wide selection of universal sizes.
Head Check
This professional welding helmet is auto-darkening, has a large viewing area, a variable shade #9-#13, and custom Eastwood graphics. Good eye protection should not be overlooked.
PUCK It
The Portable USB Charging Kit, or the PUCK as it's better known, is the ultimate power charger for the portable electronic gadgets in your life. The PUCK features a "Charge Through Technology" design that allows for charging and using the product at the same time, and also has built-in short circuit monitor. Data-Block technology keeps your phone safe from USB data hackers. Use it for your iPhone, iPod, iPad, Droid, Blackberry, GoPro, Kindle, etc.
Quiet Life
Air Lift Performance's compressor isolator is designed to secure a Viair 380, 400, 444, 450, 480 compressor, while keeping operating noise down to a whisper. The spring-loaded rubber mounts drastically reduce vibration. Simple mount brackets to your compressor, and install in your truck. Easy.
Stick Up
This glue kit from Fesler Built includes one of every adhesive they have to offer in a 2-ounce bottle. A 2-ounce debonder and activator and a convenient carry case is also included. Fesler's glue bonds wood, metal, rubber, plastic, fiberglass, leather, paper, and fabrics of all kinds. Stop using hobby glue, and step up to what the pros use.


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No. 93,9471
1. K.S.A. 65-1,107 provides the Kansas Department of Health and Environment with the authority to adopt rules and regulations establishing the criteria for preliminary breath testing devices and to develop a list of approved preliminary breath testing devices.
2. A preliminary breath testing device must be approved under K.S.A. 65-1,107 by the Kansas Department of Health and Environment before it can be used for law enforcement purposes.
3. Under the facts of this case, the district court erred in admitting evidence of the results of the preliminary breath testing device at the hearing on defendant's motion to suppress evidence because the State failed to show the device was approved by the Kansas Department of Health and Environment.
4. Probable cause for an arrest is a more demanding standard than reasonable suspicion for a stop. Probable cause to arrest is that quantum of evidence that would lead a reasonably prudent law enforcement officer to believe that guilt is more than a possibility but less than that sufficient to prove guilt beyond a reasonable doubt.
5. Under the facts of this case, the law enforcement officer did not have a sufficient factual basis to conclude there was probable cause to believe the defendant was driving under the influence of alcohol.
6. K.S.A. 2005 Supp. 8-1567(a)(2) is not unconstitutionally overbroad or vague.
Appeal from McPherson District Court; CARL B. ANDERSON, JR., judge. Opinion filed November 21, 2008. Reversed.
Sam S. Kepfield, of Hutchinson, for appellant.
Gary L. Price, Jr., and David A. Page, assistant county attorneys, Ty Kaufman, county attorney, and Phill Kline and Paul J. Morrison, former attorneys general, for appellee.
Before MALONE, P.J., GREEN and BUSER, JJ.
BUSER, J.: This case returns to our court upon remand from the Supreme Court. See State v. Pollman, 286 Kan. 881, 190 P.3d 234 (2008). After consideration of the remanded questions, we again reverse Leonard Pollman's conviction of driving under the influence of alcohol (DUI) and vacate his sentence.
Factual and Procedural Background
Leonard Pollman was convicted of DUI in violation of K.S.A. 2005 Supp. 8-1567(a)(2). On appeal, Pollman contended the district court erred in overruling his motion to suppress evidence obtained by Officer Michael Walline because the officer did not have reasonable suspicion to detain him or probable cause to arrest him for DUI. Pollman also contended that K.S.A. 2005 Supp. 8-1567(a)(2) was unconstitutionally overbroad and void for vagueness.
In State v. Pollman, No. 93,947, unpublished opinion filed April 27, 2007, we reversed the conviction, stating: "Our review of the evidence in the present case convinces us that at the time Walline commenced his investigative detention of Pollman the totality of circumstances would not have provided an objective law enforcement officer with a reasonable suspicion that Pollman had committed a DUI." Slip op. at 11. Given our ruling we declined to address the additional issues raised by Pollman on appeal. Slip op. at 12.
The Supreme Court granted the State's petition for review and reversed our decision holding:
"[W]e conclude the totality of the circumstances–including criminal obstruction of official duty, admission to drinking, and smell of alcohol–provided reasonable suspicion sufficient to justify an investigation into whether Pollman, who was observed driving, was operating his motorcycle while under the influence of alcohol. In other words, there existed a minimum level of objective justification sufficient for the investigative detention of Pollman." 286 Kan. at 897.
Given its decision, the Supreme Court remanded the case to our court to "address the questions of whether K.S.A. 2005 Supp. 8-1567(a)(2) is unconstitutionally overbroad and void for vagueness and whether the arrest was supported by probable cause." 286 Kan. at 897.
Because the determination of whether probable cause existed to arrest Pollman for DUI turns on the totality of circumstances known to Officer Walline at the time of the arrest, we reprise the Supreme Court's recitation of the facts:
"On the evening of June 26, 2004, Leonard Pollman (Pollman) and his wife Vida Pollman (Vida) were traveling together in McPherson, Kansas, each driving a motorcycle. Officer Michael Walline observed the couple for about 10 blocks. During that time, the only traffic violation the officer saw was Vida's failure to use a turn signal on her motorcycle. As a result, Officer Walline stopped Vida. Pollman also pulled over. Although Walline informed Pollman that he was not being stopped and needed to 'move along,' Pollman lingered. At one point, Walline told Pollman that if he wanted to stay in the area, he should take his motorcycle to a nearby parking lot. Instead, Pollman stood next to his motorcycle after parking it about one car length ahead of Vida's.
"While asking Vida for her identification during the traffic stop, Officer Walline smelled an odor of alcohol on her breath, which prompted him to conduct a DUI investigation on Vida. A reserve officer was present with Officer Walline, and because Walline did not want Pollman to obstruct his wife's traffic stop, Walline asked the reserve officer to have Pollman step away. After Pollman refused to leave the vicinity of the traffic stop, Officer Walline called for back-up assistance. Walline's superior, Captain Allcock, arrived and stood with Pollman.
"According to Allcock's testimony at the suppression hearing, he smelled alcohol on Pollman's breath. When asked, Pollman admitted to Allcock that he had been drinking. Allcock did not know how much alcohol Pollman had consumed or how long ago the drinking had occurred, but he observed Pollman to be coherent and cooperative. Other than the odor of alcohol, Allcock saw no other typical indicators signaling that Pollman had been drinking.
"Meanwhile, Officer Walline was conducting Vida's traffic stop. Although he smelled an odor of alcohol on Vida's breath, Walline ultimately determined that she did not qualify for a DUI arrest. After issuing a warning about the traffic infraction, Walline told Vida she was free to go.
"After that, Officer Walline walked with Vida to her motorcycle and made contact with Pollman, who was still standing with Captain Allcock. According to Walline's suppression hearing testimony, he spoke to Pollman because 'I had already talked to him about getting away from my traffic stop and I wanted to speak with him about obstruction and future charges if he were ever in that situation again.'
"Officer Walline asked Pollman for his driver's license, and Pollman handed it over. Walline was planning to talk to Pollman about his behavior as it related to his wife's traffic stop when Captain Allcock told Walline something like, 'He's been drinking, you need to check him.' Then Allcock had to leave the scene on other police business. When Walline asked Pollman if he had consumed any alcohol, Pollman replied that he had consumed 'a few' beers.
"Officer Walline asked Pollman to get in the patrol car. At that point, for the first time, Walline smelled an odor of alcohol on Pollman's breath. After that, Walline administered a preliminary breath test (PBT) which registered a breath alcohol concentration of .11. Walline also conducted field sobriety tests, including the walk-and-turn test and the one-legged-stand test. He was dissatisfied with Pollman's performance on both of these tests. Walline arrested Pollman, gave him a copy of the implied consent advisory form, and read it to him. In addition, Pollman consented to a blood test which revealed a blood alcohol concentration (BAC) of .10." 286 Kan. at 882-84.
Probable Cause to Arrest Pollman for DUI
Pollman contends the district court erred in overruling his motion to suppress evidence because Officer Walline did not have probable cause to arrest him for DUI. In particular, Pollman argues the State failed to establish a sufficient foundation for admission of the preliminary breath test (PBT) result which comprised part of the totality of circumstances establishing probable cause to arrest Pollman for DUI.
On review of a district court's suppression of evidence, this court considers whether the factual findings are supported by substantial competent evidence. The ultimate legal conclusion, however, is reviewed de novo. State v. Ackward, 281 Kan. 2, 8, 128 P.3d 382 (2006). The State bears the burden of proof on a suppression issue; it must prove the lawfulness of the search and seizure to the court. State v. Porting, 281 Kan. 320, 324, 130 P.3d 1173 (2006). This court will not reweigh evidence, determine witnesses' credibility, or resolve conflicts in evidence. Ackward, 281 Kan. at 8. Finally, the admission or exclusion of evidence, subject to exclusionary rules, is within the district court's discretion. State v. Bishop, 264 Kan. 717, 725, 957 P.2d 369 (1998).
At the hearing on Pollman's motion to suppress evidence, the State presented the testimony of Walline and Allcock regarding their encounter with Pollman prior to his arrest. In addition to this testimony, the State sought to offer the incriminating evidence of the .11 test result from the PBT administered by Walline to Pollman.
Pollman's counsel contemporaneously objected to admission of the PBT result:
"I'm going to object, Your Honor, based upon foundation. We don't have any showing of what unit is being used here. We don't have any showing as to whether a waiting period is in fact required and if there is, no foundation for the admission of this PBT. We don't know how reliable it is and whether the instructions were followed."
After a colloquy with defense counsel, the district judge advised the prosecutor, "You're going to have to show me more foundation as to what was done on the preliminary breath test."
The prosecutor then elicited the following testimony from Officer Walline:
"Q. Okay. Did you, what type of machine do you use for your preliminary breath test?
"A. It's a digital preliminary breath test, PBT. I, I don't know what else to say about it.
"Q. Do you know the manufacturer name?
"A. Not right offhand. I believe it's possibly CMI is the company name I believe, but I'm not sure right offhand."
Pollman's counsel renewed his objection:
"Well, I'm going to object again. Your Honor, because the Department, KAR 28, the KAR require that there are four types of preliminary breath tests which are admissible into evidence and there are others which can be if there is a showing of reliability. That has not been done here. We don't know what type of testing we're using."
The prosecutor continued his examination, establishing that although Officer Walline had some on-the-job training on the PBT from the police department and had read the user's manual, no certification was required to operate it. Officer Walline also testified that because he had used the PBT numerous times he did not read the operating instructions on the PBT itself, which "state basically what to do; have the subject blow into it, which buttons to push on it to make it operate."
Pollman's counsel objected a third time to admission of the PBT test result: "Again, Your Honor, I'm going to object. There is no foundation as to whether this machine in fact is approved by the Kansas Department of Health and Environment. Therefore, I think absent that, any results obtained from it are inadmissible."
The trial judge overruled the objection:
"Well, I don't agree with you, Mr. Kepfield. Bottom line is if he was being tried today for refusing preliminary breath test or along those lines you might have a good argument but we're not trying him today. This is a motion to suppress and the issue is probable cause for doing what he was doing. I'm going to allow it."
On appeal, Pollman argues the State failed to establish the requisite foundation for the admissibility of the PBT test. Additionally, Pollman contends that absent the admission of the PBT test result, which under K.S.A. 8-1001(b) resulted in the blood alcohol test that yielded incriminating evidence of Pollman's intoxication, there was no probable cause to arrest him for DUI.
The State counters that "there is no case precedent or statute stating the elements of a proper foundation for the admission of the preliminary breath test results." The State concedes, however, there are specific foundational requirements under K.S.A. 8-1001 that must be established prior to admission of an alcohol test result at trial. See Bishop, 264 Kan. at 725-28. In summary, the State argues:
"As opposed to a breath test given pursuant to K.S.A. 8-1001, which results are admissible at trial and weigh heavily on establishing the guilt of a defendant, results from a preliminary breath test do not impact on a defendant's guilt or innocence, cannot be admissible at trial and when admissible during preliminary hearings, are for the very limited purpose of 'aiding the court or hearing officer' in making a determination as to the validity of an arrest. It is the State's position that any foundation required to admit such results, during a preliminary hearing and or a hearing on a motion to suppress, is entirely at the discretion of the judge or hearing officer and should not rise to the same level as that of a test pursuant to K.S.A. 8-1001."
Our court has addressed this very issue in the context of a driver's license suspension ordered by the Kansas Department of Revenue (KDR). See Leffel v. Kansas Dept. of Revenue, 36 Kan. App. 2d 244, 138 P.3d 784 (2006). Leffel's driver's license was suspended by the KDR following his arrest for DUI. Leffel appealed to the district court claiming there was insufficient probable cause to believe he was intoxicated because there was not a sufficient foundation for admission of the incriminating PBT result. In particular, Leffel argued the district court erred in considering the PBT result because the testing device was an Alco-sensor IV, a device not approved for use by the Kansas Department of Health and Environment (KDHE).
Our court provided the following analysis regarding what foundation must be established prior to admission of PBT results:
"K.S.A. 65-1,107(d) authorizes the Secretary of Health and Environment to adopt rules and regulations establishing the criteria for preliminary breath testing devices for law enforcement purposes. In addition, K.S.A. 65-1,107(e) authorizes the Secretary of Health and Environment to adopt rules and regulations establishing a list of approved preliminary breath testing devices for law enforcement purposes 'which law enforcement agencies may purchase and train officers to use as aids in determining probable cause to arrest and grounds for requiring testing' under K.S.A. 8-1001.
"The KDHE has established the criteria for approval of preliminary breath testing devices in K.A.R. 28-32-6. Moreover, the KDHE has established the procedure for gaining approval of preliminary breath testing devices and a list of approved preliminary breath testing devices in K.A.R. 28-32-7(a) as follows:
"Preliminary breath test devices shall be submitted to the Kansas department of health and environment for evaluation and approval for law enforcement purposes. The devices shall be operated according to the manufacturers' written directions and shall meet the criteria prescribed in K.A.R. 28-32-6. Devices are as follows:
"'(1) Alcometer S-D2
"'(2) Alco-sensor
"'(3) Alco-sensor III
"'(4) Alco-sensor, pass-warn-fail
"'(5) Alcotest
and any other devices that upon evaluation by the department of health and environment meet the stated criteria in K.A.R. 28-32-6.'
Although the Alco-sensor and the Alco-sensor III are listed as preliminary breath testing devices under K.A.R. 28-32-7(a), the Alco-sensor IV is not specifically listed under this regulation. Moreover, there was no evidence presented to the trial court that the Alco-sensor IV had been evaluated by the KDHE and had met the criteria of K.A.R. 28-32-6.
"It is clear under K.S.A. 65-1,107 that the legislature intended to provide the KDHE with the authority to adopt rules and regulations establishing the criteria for preliminary breath testing devices and to develop a list of approved preliminary breath testing devices. Leffel points to K.S.A. 65-1,109 in which the legislature made it a crime to test human breath for law enforcement purposes unless the testing device was approved by the Secretary of Health and Environment. K.S.A. 65-1,109 states in relevant part:
"'(a) It shall be unlawful for any person to make any test of the human breath for law enforcement purposes, unless:
. . . .
(2) the apparatus, equipment or device used by such person in the testing of human breath for law enforcement purposes is of a type approved by the secretary of health and environment and otherwise complies with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amendments thereto to govern the periodic inspection of such apparatus, equipment and devices.
"'(b) Any person who violates any provision of subsection (a) shall be guilty of a class C misdemeanor.
"'(c) Nothing in this section shall be construed to prohibit the use of devices approved pursuant to K.S.A. 65-1,107 and amendments thereto for law enforcement purposes.'
This statute evidences the legislature's intent that a preliminary breath testing device must be approved under K.S.A. 65-1,107 by the KDHE before it can be used for law enforcement purposes.
"Here, the State failed to show that Leffel's preliminary breath test was conducted on a device approved by the KDHE. Because the Alco-sensor IV was not listed as an approved device under K.A.R. 28-32-7(a), the State needed to present some evidence showing the Alco-sensor IV had been evaluated by the KDHE and had met the criteria in K.A.R. 28-32-6." Leffel, 36 Kan. App. 2d at 247-48.
In the present case, the State established that the PBT device was digital and possibly manufactured by CMI–although Officer Walline conceded, "I'm not sure right offhand." As described, this device was not listed in K.A.R. 28-32-7(a) as an approved device for law enforcement purposes at the time of its use in this case. But see K.A.R. 28-32-14, effective March 14, 2008, 27 Kan. Reg. 249-50 (2008), which now lists numerous PBT models, including the Alco-Sensor IV Digital, as approved devices (the regulations have been substantially amended). Moreover, the State made no showing that, although not specifically listed, this PBT device had been evaluated by the KDHE and met the criteria in K.A.R. 28-32-6 at the time of its use in this case.
We disagree with the State's claim that any foundation for admission of PBT results should be simply a matter for the unfettered discretion of district courts. Officer Walline's determination that probable cause existed to believe that Pollman was driving under the influence of alcohol led to his arrest for DUI and also may have impacted his driving privileges in the state. The important consequences of a probable cause determination in courts and administrative hearings are undoubtedly why the legislature authorized the KDHE to adopt rules and regulations regarding PBT devices when used "for law enforcement purposes" under K.S.A. 65-1,107(d). See K.S.A. 2007 Supp. 65-1,107(e); 27 Kan. Reg. 247-50 (2008) (new breath testing regulations).
In overruling Pollman's motion to suppress, the district court emphasized the importance of the PBT result. After summarizing the on-scene observations of Walline and Allcock and Pollman's admission to drinking, the district court concluded, "The request for preliminary breath test is made; he agreed to it, he took it, and tested point one one. That's above the legal limit. It's grounds for arrest for [DUI]. "
As our court has observed, "[a] PBT is an important tool for law enforcement officers to determine whether an arrest should be made in order to protect the health and safety of citizens." State v. Chacon-Bringuez, 28 Kan. App. 2d 625, 631, 18 P.3d 970, rev. denied 271 Kan. 1038 (2001). A PBT result is so important, in fact, the legislature has determined that "[a] law enforcement officer may arrest a person based in whole or in part upon the results of a [PBT]." K.S.A. 2005 Supp. 8-1012(d). To adopt the State's view, however, is to countenance a law enforcement officer using an unapproved PBT device that may produce incriminating but unreliable results leading to a driver's arrest for serious traffic offenses and the imposition of administrative driving sanctions. Simply put, the State's view is at variance with K.S.A. 65-1,107(d) and K.A.R. 28-32-7(a).
As a result, we conclude (as did our court in Leffel) that "[b]ecause the State in this case failed to offer evidence at the trial court level that the defendant's preliminary breath test was conducted on a device approved by the [KDHE], the defendant's preliminary breath test result was not admissible evidence." 36 Kan. App. 2d 244, Syl. ¶ 5.
Our holding that the district court erred in its admission of the PBT result, however, does not end our review. We next consider whether, setting aside the incriminating PBT result, there still existed probable cause to believe Pollman was driving under the influence.
Preliminarily, we note that although Officer Walline testified at trial that Pollman failed one of four field sobriety tests, inexplicably the State presented no evidence regarding these tests at the hearing on the motion to suppress. This failure was noticed by the trial judge:
"Well, I suspicion that there were sobriety tests administered at the scene before he was arrested and I guess evidence would have been presented to show me what those sobriety tests result were we wouldn't be facing what we're facing with the . . . [PBT] because then the [PBT] is just incidental with that."
As a consequence, in our reassessment of the totality of circumstances which undergird the district court's probable cause finding, we also will not consider what, if any, effect the field sobriety test results had in the district court's finding of probable cause for arrest.
Review of the district court's determination of whether an officer had probable cause to make a warrantless DUI arrest is a mixed question of law and fact. City of Dodge City v. Norton, 262 Kan. 199, 203, 936 P.2d 1356 (1997). "In a DUI case, the answer to the probable cause to arrest question will depend on the officer's factual basis for concluding that the defendant was intoxicated at the time of arrest." 262 Kan. at 203.
Probable cause is a quantum of evidence which leads a prudent person to believe an offense was committed. State v. Dunn, 233 Kan. 411, 414, 662 P.2d 1286 (1983). There must be evidence to show that guilt is more than a possibility but less than that sufficient to prove guilt beyond a reasonable doubt. 233 Kan. at 414-15.
In our assessment of whether Officer Walline had probable cause to arrest Pollman for DUI, we consider the three factors highlighted by our Supreme Court in its determination that reasonable suspicion existed to detain Pollman for investigation of DUI. Of course, "[r]easonable suspicion is a less demanding standard than probable cause and requires a showing considerably less than a preponderance of the evidence." Pollman, 286 Kan. 881, Syl. ¶ 6.
While the probable cause standard is greater than reasonable suspicion, the following factors identified by our Supreme Court are very relevant to the probable cause analysis. First, Pollman's refusal to follow lawful requests to leave the area of his wife's traffic stop may have indicated "impaired judgment because of intoxication;" second, "Pollman admitted he had consumed a few beers;" third, "Officer Walline smelled the odor of alcohol on Pollman's breath, which occurred after Walline had observed Pollman driving his motorcycle." 286 Kan. at 894-95.
These three factors, supported by evidence presented at the suppression hearing, comprised the totality of circumstances we may consider in our determination of whether the district court erred in finding that Officer Walline had probable cause to arrest Pollman for DUI.
These three factors are similar to the circumstances our court considered in City of Norton v. Wonderly, 38 Kan. App. 2d 797, 172 P.3d 1205 (2007), rev. denied 286 Kan. 1176 (2008). In Wonderly, a police dispatcher was called by a motorist and his passenger to report a pickup truck that was "swerving, spinning its tires and traveling at a high rate of speed." 38 Kan. App. 2d at 799. Based upon a vehicle description which included a license plate number, Officer Pat Morel located the vehicle and followed it for 3 minutes (about 3/4 of a mile) without observing any traffic violations. The officer activated his emergency lights and the driver, Joshua Wonderly, stopped at the side of the road. Wonderly exited his vehicle and approached the officer, who yelled at him to return to his vehicle. Wonderly continued to walk toward the officer; however, Wonderly returned to his truck after Officer Morel yelled at him again.
Upon contacting Wonderly and his passengers, Officer Morel smelled an odor of alcohol coming from the truck. He also noticed that Wonderly had bloodshot eyes.
Wonderly cooperated by producing his driver's license, and he walked normally back to the officer's car. Once seated in the patrol car, Officer Morel noticed alcohol on Wonderly's breath. Upon inquiry, Wonderly admitted to having "some drinks at a local bar earlier that evening and one or two drinks at a bar in Lenora, Kansas." 38 Kan. App. 2d at 800. Officer Morel described Wonderly's speech as "'fair'" but "'not particularly slurred.'" 38 Kan. App. 2d at 800.
For reasons not relevant to the present case, the district court suppressed the incriminating result of the PBT administered to Wonderly. Our court, on appeal, also determined that Wonderly's inconsistent performance on field sobriety tests should not be considered in the review of whether probable cause existed to arrest Wonderly for DUI. As summarized by our court,
"[t]hus, prior to Wonderly's arrest, the admissible evidence showed that Wonderly initially disobeyed an order to get back into his truck, he had bloodshot eyes, the smell of alcohol was on his breath, and he admitted to drinking earlier that evening. Additionally, [Officer] Morel knew that a motorist had called law enforcement earlier that night and accused Wonderly of driving his truck in a reckless manner." 38 Kan. App. 2d at 808.
Our court concluded that Officer Morel had arrested Wonderly without probable cause and, as a result, suppressed the incriminating evidence and reversed Wonderly's conviction. 38 Kan. App. 2d at 809. In particular, our court noted that Officer Morel had not personally observed any traffic infractions and Wonderly's physical movements and speech did not suggest intoxication. Additionally, it was noted that Officer Morel apparently did not consider his observations of Wonderly and the admission to drinking sufficient indicators of intoxication because Officer Morel also conducted field sobriety tests and a PBT test. 38 Kan. App. 2d at 808-09.
In the present case, as in Wonderly, we consider the odor of alcohol on the driver's breath and his admission to drinking a few beers as evidence relevant to the probable cause inquiry. Similar to Wonderly, Pollman's unwillingness to follow the officer's directives may also have indicated a lapse of judgment induced by alcohol consumption. As in Wonderly, no testimony was presented in this case that the officer's subsequent investigation clarified why the driver disregarded the officer's orders. Absent such testimony, we are reluctant to place much weight on this factor, given the other possibility that since Pollman was traveling with his wife (who was being investigated for DUI), he may have stood nearby to witness the proceedings and protect her interests. Similar to Wonderly, in the present case the officer observed the driver for a short time without observing any erratic or illegal driving. Unlike Wonderly, there was no hearsay evidence of unsafe driving. Moreover, the present case contrasts with Wonderly because there was no evidence of bloodshot eyes and only "fair" speech. Here, Pollman did not exhibit any of the usual physical manifestations of intoxication.
In summary, we hold the totality of circumstances in the present case did not warrant a reasonably prudent police officer to believe that guilt was more than a mere possibility. See Norton, 262 Kan. at 203-04. Accordingly, because the officer did not have probable cause to arrest Pollman for DUI, the district court erred in not suppressing the incriminating evidence of the blood alcohol test. Moreover, given that the blood alcohol test result was essential to a conviction under K.S.A. 2005 Supp. 8-1567(a)(2),(f), we reverse Pollman's conviction and vacate his sentence.
Constitutionality of K.S.A. 2005 Supp. 8-1567(a)(2)
Pollman challenges K.S.A. 2005 Supp. 8-1567(a)(2) on constitutional grounds. K.S.A. 2005 Supp. 8-1567(a)(2) provides: "(a) No person shall operate or attempt to operate any vehicle within this state while: . . . (2) the alcohol concentration in the person's blood or breath, as measured within two hours of the time of operating or attempting to operate a vehicle, is .08 or more."
According to Pollman:
"[T]he statute . . . is unconstitutionally overbroad as it punishes non-criminal conduct, i.e., driving with [an alcohol concentration] below .08 at the time of actual operation. It is also void for vagueness, as it fails to give reasonable notice as to which conduct is prohibited - actually driving with [an alcohol concentration] over .08, or having [an alcohol concentration] over .08 within two hours of driving? This fact encourages, or at the least, permits arbitrary enforcement, since testing done at the time of operation might well reveal [an alcohol concentration] below the legal limit of .08."
The constitutionality of a statute is a question of law reviewed de novo. Tolen v. State, 285 Kan. 672, 673, 176 P.3d 170 (2008). Before addressing the overbreadth and vagueness challenges, it is helpful to clarify the Kansas criminal law at issue.
"Driving under the influence of alcohol or drugs is an absolute liability offense. . . . The only proof required to convict . . . is that the individual engaged in the prohibited conduct." State v. Creamer, 26 Kan. App. 2d 914, Syl. ¶ 1, 996 P.2d 339 (2000). The prohibited conduct in the present case was driving with an alcohol concentration which tests at .08 or more within 2 hours of driving. See K.S.A. 2005 Supp. 8-1567(a)(2). "This form of proscription is commonly referred to as a per se violation because it was not material whether the driver was incapable of safely driving a vehicle." State v. Hartman, 26 Kan. App. 2d 928, 931, 991 P.2d 911, rev. denied 269 Kan. 937 (2000); see State v. Hobbs, 276 Kan. 44, 48, 71 P.3d 1140 (2003).
In all likelihood a blood or breath alcohol concentration test would not be conducted while a defendant was driving. See City of Colby v. Cranston, 27 Kan. App. 2d 530, 536, 7 P.3d 300, rev. denied 269 Kan. 931 (2000). It is not surprising then that K.S.A. 2005 Supp. 8-1567(a)(2) does not refer to a specific alcohol concentration while driving. See State v. Stallings, 284 Kan. 741, 742, 163 P.3d 1232 (2007) (An appellate court should "ascertain the legislature's intent through the statutory language it employs."). A different subsection of the statute addresses alcohol concentration while driving; instead of basing guilt on a contemporaneous test result, it allows the determination to be made upon "any competent evidence." K.S.A. 2005 Supp. 8-1567(a)(1). That subsection, however, is not at issue in the present case.
1. Overbreadth
Pollman does not claim his alcohol concentration was less than .08 while he was driving. He argues instead that K.S.A. 2005 Supp. 8-1567(a)(2) may sweep up other such individuals. "[O]verbreadth challenges call for relaxing familiar requirements of standing, to allow a determination that the law would be unconstitutionally applied to different parties and different circumstances from those at hand. [Citation omitted.]" Sabri v. United States, 541 U.S. 600, 609, 158 L. Ed. 2d 891, 124 S. Ct. 1941 (2004).
Considering these relaxed standing requirements and the "fact-poor records"
produced by facial challenges generally, the overbreadth doctrine is applied in "relatively few settings" involving protected rights. 541 U.S. at 609-10 (listing rights such as free speech and right to travel); see also Smith v. Martens, 279 Kan. 242, 253, 106 P.3d 28 (2005) ("The overbreadth doctrine should be employed sparingly and only as a last resort."); State v. Wilson, 267 Kan. 550, Syl. ¶ 4, 987 P.2d 1060 (1999) ("[T]he overbreadth doctrine is applicable primarily in the First Amendment area."). In contrast to the protected rights which justify overbreadth challenges, "[t]he right to drive a motor vehicle on the public streets is not a natural right but a privilege, subject to reasonable regulation in the public interest." Standish v. Department of Revenue, 235 Kan. 900, 904, 683 P.2d 1276 (1984).
Pollman does not question the reasonableness of K.S.A. 2005 Supp. 8-1567(a)(2) as a regulation in the public interest. A failure to brief an issue is generally deemed a waiver or abandonment of the issue. State v. Walker, 283 Kan. 587, 594, 153 P.3d 1257 (2007). In any event, we are not persuaded that it is inherently unreasonable to prohibit driving with an alcohol concentration which tests at .08 or more within 2 hours of driving.
We also find unpersuasive the cases Pollman cites, State v. Baker, 720 A.2d 1139, 1141 (Del. 1998), and Com. v. Barud, 545 Pa. 297, 305, 681 A.2d 162 (1996), both of which assume that a crime only occurs when a certain alcohol concentration exists while driving. That may be the law in those jurisdictions, but it is not the law under K.S.A. 2005 Supp. 8-1567(a)(2). The district court correctly rejected Pollman's overbreadth challenge.
2. Vagueness
"Courts use a two-part test to determine whether a statute is unconstitutionally vague. First, the court considers whether the statute conveys a sufficiently definite warning of the proscribed conduct when measured by common understanding and practice. Next, the court considers whether the statute adequately guards against arbitrary and discriminatory enforcement." State v. Rupnick, 280 Kan. 720, Syl. ¶ 10, 125 P.3d 541 (2005).
Pollman's argument on the first part of the vagueness test–that K.S.A. 2005 Supp. 8-1567(a)(2) is unclear regarding the time during which the alcohol concentration may not meet or exceed .08–fails for reasons described above. Pollman also cites Baker and Barud, where the courts ruled the statutes in those jurisdictions were vague because a person could not know what his or her alcohol concentration might be after driving. See Baker, 720 A.2d at 1148-49; Barud, 545 Pa. at 305-06. Of course, the same could be said for a person while driving, suggesting that alcohol concentration limits are intrinsically vague. This court held to the contrary, however, in City of Overland Park v. Denning, 12 Kan. App. 2d 375, 376, 744 P.2d 523, rev. denied 242 Kan. 902 (1987), and State v. Larson, 12 Kan. App. 2d 198, 202, 737 P.2d 880 (1987).
As this court noted in Larson, if specific alcohol concentrations are vague because they are not personally verifiable, "speed limits would be too vague (or at least could not be enforced against anyone whose speedometer was broken), since no one can tell simply by use of their own senses the precise speed they are traveling." 12 Kan. App. 2d at 202. In Denning this court considered an ordinance which, similar to the statute here, prohibited "a person from operating or attempting to operate any vehicle while the alcohol concentration in the person's blood or breath, within two hours after the person operated or attempted to operate the vehicle, is .10 or more." 12 Kan. App. 2d at 376. This court held: "The language of the ordinance is clear. When measured by common understanding and practice, it conveys a sufficiently definite warning as to the conduct proscribed. [Citation omitted.]" 12 Kan. App. 2d at 376. The same is true for K.S.A. 2005 Supp. 8-1567(a)(2).
Turning to the second part of the vagueness test–arbitrary enforcement–we acknowledge that testing at different times during a 2-hour period may reveal different alcohol concentrations, and it is conceivable that some results might be less than .08 and others equal to or more than that amount. We nevertheless do not agree with the conclusion in Baker that this "encourages arbitrary enforcement." 720 A.2d at 1149.
Arbitrary enforcement is possible where a statute fails to provide "minimal guidelines," thereby risking a "'standardless sweep [that] allows policemen, prosecutors, and juries to pursue their personal predilections.' [Citation omitted.]" Kolender v. Lawson, 461 U.S. 352, 358, 75 L. Ed. 2d 903, 103 S. Ct. 1855 (1983). The Kansas Legislature framed K.S.A. 2005 Supp. 8-1567(a)(2) with reference to a specific alcohol concentration and a specific time limit, leaving almost nothing to personal predilection. Law enforcement officers in Kansas do not have "complete discretion . . . to determine whether the suspect has satisfied the statute," as is the case with a vague statute. Kolender, 461 U.S. at 358. K.S.A. 2005 Supp. 8-1567(a)(2) circumscribes DUI enforcement by its provisions relating to scientific testing and the clock.
Finally, we are not presented here with a situation where a law enforcement officer detains and continues to test a suspect in the hope that a rising alcohol concentration might reach .08 before time expires. Even if we were, there would be no issue of vagueness. The statute is clear, and there is only one way to violate it. See State v. Pendleton, 18 Kan. App. 2d 179, 186, 849 P.2d 143 (1993) ("[T]o obtain a conviction under K.S.A. 8-1567(a)(2) the State must show the test was conducted within the two-hour limitation period; otherwise, the test results are not competent evidence and are inadmissible to prove a per se violation."). Testing which failed to show a violation would hardly confer upon the authorities "'a virtually unrestrained power to arrest and charge persons with a violation.' [Citation omitted.]" Kolender, 461 U.S. at 360. The district court did not err in its rejection of Pollman's vagueness challenge.
Pollman's conviction is reversed and his sentence is vacated.
1REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2007 Kan. Ct. R. Annot. 51). The published version was filed with the Clerk of the Appellate Courts on March 4, 2009.


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As a means to target some of the most critical environmental and social issues of our time, non-profit organization ecoartspace recently joined forces with New York Times environmental journalist Andrew Revkin on his Dot Earth blog to ask leading experts, writers, and readers their opinions on the endangered state of the planet. Inspired by the enthusiastic and impassioned responses, ecoartspace took their project one step further calling out to artists and asking them to address and visualize this one dire question: 'What Matters Most?' What resulted from these inquiries was a fascinating exhibit showcasing over 250 pieces of donated artwork for display at NYC's Exit Art gallery.
Redefining our relationship with the planet is an urgent matter, and one that we cannot afford to drag our heels on. The role of the arts in public engagement is sometimes viewed as a roundabout way of tackling critical environmental issues. But if the arts are one of the few vehicles we have to illustrate common ground, as opposed to an isolated-archipelago existence, then it seems that interdisciplinary collaborations like this one represent an ideal scenario.
One of the most impressive aspects of this project has been the scope of replies received from global figures like United Nations Secretary General Ban Ki-moon, ocean explorer Sylvia Earle, author Terry Tempest Williams, astronaut Donald Pettit, psychiatrist and entrepreneur Paul Polak, best-selling author Bill McKibben, biologist David Suzuki, and the list goes on — a sheer who's who of the planet's defenders for change. Each contributor was highly informed and passionate in their view on what matters, but in terms of identifying what matters most, a whole lot of territory had to be covered. But no matter the breadth of the response, the fact that such an initiative sparked such strong opinions is without doubt a positive sign, and we can credit enterprising journalists like Andrew Revkin and visionary art curators Amy Lipton and Tricia Watts of ecoartspace for this zeal.
'What Matters Most?' (which was also a fundraiser for ecoartspace's future projects and programming) brought forth an atypical involvement of artists from outside of the eco-art realm. In years past there has often been a prejudice of sorts towards the greening of art, but it appears that some of this stigma has washed away. Rather, to date, we are seeing artists take greater responsibility in the materials they use and the processes they employ in the studio and beyond.
Ecoartspace has been in operation since 1999, and truly stands out as an organization that promotes artwork that is participatory, collaborative, interdisciplinary, and educational. Curators Amy Lipton and Tricia Watts have consistently been creating opportunities to stimulate dialogue in ways that circumnavigate the traditional mechanisms of the art world. With 'What Matters Most?' they have demonstrated the potential for artificial barriers and prejudices to dissolve by using some of the most common mediums available for communication, now accessible to all.


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Militant anti-theists of the 21st century have little good to say about religion, often blaming it for most of the world's ills.
Few, however, seem self-reflective enough to examine the results of militant atheism's impact on society in the 20th century. A case in point is Russia.
With the conversion of St. Vladimir, prince of Kiev, in A.D. 988, Christianity became a central part of Russian national identity. (Vladimir is reported to have chosen to convert to Christianity rather than Islam because Islam forbids drinking wine.
"Drinking is the joy of all Russians," exclaimed Vladimir in dismay. "We cannot exist without that pleasure.")
Thereafter, Christianity spread throughout Russia. In fact, after the fall of Constantinople to the Turks in 1453, Russia emerged as the heartland of Eastern Orthodox Christianity, which became central to Russian culture, in art, architecture, music and literature.
All of this dramatically changed with the Russian Revolution in 1917. The original broadly based revolution was swiftly co-opted by Lenin and the Marxists, who promised liberation not only from the feudal tyranny of the czars but from the spiritual bondage of Christianity.
Being officially and militantly atheistic, the Leninist regime set about completely undoing the old religious order of Russia. And there was a good deal of justification for anger against the Russian Orthodox Church, which had become corrupt and was a major bastion of support for the autocratic rule of the czars.
Of course, the promised peoples' paradise didn't develop. Quite the contrary. The tyranny of the czars was replaced by the even worse tyranny of Lenin and Stalin.
Beginning in 1917, Leninists and Stalinists set about systematically seizing all church property and destroying church buildings. Militantly atheistic Stalinist totalitarianism would tolerate no competitors to the state for the hearts and minds of the people.
The Russian Orthodox Church was, thus, not merely to be reformed but had to be destroyed. And Stalin's commissars were nothing if not efficient in their suppression of all forms of dissent.
In 1931, the Stalinists obliterated the magnificent Cathedral of Christ the Savior in Moscow, in a barbarous act of wanton destruction.
By 1940 nearly 30,000 churches had been closed, confiscated or destroyed; only 500 remained active in all of the Soviet Union.
Of course this cultural vandalism was nothing compared to the shocking human tragedy as Christians were systematically persecuted, imprisoned and massacred. Russian metropolitans (essentially archbishops) and bishops were regularly murdered and tortured.
One was crucified upside down on the iconostasis of his church. And the lower clergy didn't escape. They were hunted down, tortured, mutilated, buried alive, shot or fed to animals. More than 100,000 priests, monks and nuns were killed; many others were imprisoned in gulags.
Religiously active lay Christians fared little better. Many Christians were sent to psychiatric institutions, since the Soviets considered religious belief a form of mental illness. Others fled into exile. (A sense of the intense evil of these persecutions can be found in the writings of Aleksandr Solzhenitsyn.) The scale of this holocaust against Christians in the Soviet Union compares in some ways to the holocaust against Jews in Nazi Germany.
And this assault was not merely against Christianity. The Soviets attacked the very idea of God, in any form.
Every religious denomination was ruthlessly and bloodily suppressed by the Stalinist commissars, including Judaism, Islam in Central Asia, and Buddhism in Mongolia.
Even more remarkable than the vast scale of devastation, imprisonment, torture and murder of Christians by the Soviets is the fact that these efforts failed.
One would think that, if an ideal atheist state based on pure reason and the rejection of religion could have grown up anywhere, it would have been under Soviet tyranny, which left a people with little formal religious life.
Yet despite four generations of near perpetual persecution and of official atheistic indoctrination in Soviet schools, Christianity survived. By 2008, some 15,000 Russian Orthodox churches had been reopened or built.
The resurrection of Russian Christianity is symbolized by the rebuilding of the magnificent Cathedral of Christ the Savior in Moscow in 2000, 70 years after its demolition.
Other denominations of Christianity are also flourishing today in Russia, including The Church of Jesus Christ of Latter-day Saints, which now claims about 20,000 members.
Thus, a story that began in unthinkable horror concluded with a demonstration of the irrepressible power of faith and of the triumph of the human spirit.
email: [email protected]


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BHUBASNEWAR, India, 2010 Feb 23 (IPS) - When 5,000 indigenous Dongria Kondhs trekked Sunday to Niyam Dongar hill, the abode of their presiding deity Niyam Raja, and designated it as inviolate, it meant they were stepping up their resistance to a controversial alumina refinery and bauxite mine project here.
The alumina refinery, capable of producing one million tonnes of alumina from bauxite per annum, has been operating for over a year now at the foothills of Niyamgiri. Alumina is used in the production of aluminium metal. Since 2007, Vedanta has been seeking clearance for a six-fold expansion of its refinery and 721-hectare bauxite mining project. The bauxite project however has been stalled by a forest law. The mining operations would affect some 8,000 Dongria, Kutia and Jharania Kondh in 112 tribal and dalit villages in Kalahandi and adjacent Rayagada district, two of the most underdeveloped areas in Orissa.
For the forest-dwelling locals, Vedanta's mining project would result in the demolition of the Dongria's centuries-old sacred grove on Niyamgiri, threatening their ancient way of life, right to water, food, livelihood and cultural identity.
"These villages never had basic amenities like medical facilities, drinking water and properly functioning schools. The mining project will now take away even the sources of livelihood from them," explained Dadhi Pusika, leader of Niyamgiri Surakhya Samity (Nayamgiri Protection Committee) that was formed by members of affected villages.
The Orissa State Pollution Control Board has issued several warnings to Vedanta since its refinery trial started in 2006, calling its attention to the shoddy protective lining of the red mud pond that leeches wastewater into Vamsadhara river flowing next to it. Villagers use that water for drinking.
Skin rashes and sores are common among residents. Some 40,000 truckloads of bauxite are transported to the refinery from outside Orissa per year, creating colossal air pollution from dirt roads, says Bhubaneswar-based environmentalist Biswajit Mohanty.
"If the mountain remains, our children remain, rains come, winter comes, the wind blows - the mountain will bring all the water, crops will grow. If they take away the rocks, water will dry, we will die," said Ladha. "The mountain is our soul, we will lose our soul."
"We cannot allow mining even if we are beheaded," he added.
The Dongria's Sunday protest comes on the heels of Amnesty International's recent report on the Vedanta project, called 'Don't Mine Us Out of Existence'. The report alleges that 12 pollution-affected villages have never received direct information on the refinery.
Green activists say the gravest concern pertains to water. Hilltop mining will dry up perennial water sources, while possible poor management of refinery wastewater could degrade surface water and pollute groundwater too. There is also concern about the huge quantities of water that the expanded refinery will consume daily.
An expansion of the current Vedanta project would mean its bauxite requirement would jump from three to 18 million tonnes per annum, resulting in not just one but possibly several open-cast mines on Niyamgiri.
But Vedanta clarifies that its mineralisation area of three million tonne per annum is mere 3.5 percent of 250 square-kilometre hill range, and that its 30-metre deep excavations would not disturb the water table 78 metres below ground level.
Three rivers, Vamsadhara, Sakota and Nagavalli, flow four, 7.5 and 13 km respectively from the mine's buffer zone, as do perennial streams. The larger rivers provide drinking water and irrigation to hundreds of thousands in Kalahandi, Rayagada and the neighbouring state of Andhra Pradesh. Watchdog groups point out that excavation will destroy the hills' water recharging capacity because the porousness of the bauxite layer increases water retention. This will eventually kill the rivers, make the habitat drier and affect agriculture, wild vegetation and pasture, they add.
Pavan Kaushik, head of corporate communications for Vedanta group, countered this in earlier letter to journalists. "Bauxite extraction... removes a hard rocky layer called laterite which will allow rain water to percolate deep... increasing afforestation post-mining."
Flash floods, which are common here, will be aggravated by hilltop deforestation. A flash flood in Vamsadhara can breach the red mud pond, causing disastrous wastewater spills into the river.
Three-quarters of the targeted hill have thick forests. The 300 species of plants in them include 50 species of medicinal plants and trees, six of which are in the International Union for Conservation of Nature Red List of threatened species. An elephant reserve, the forests are home to tigers, leopards, barking deer.
A tribal woman from Sindhabahal said, "The forest gives leaves, bamboo, roots, medicinal herbs, fruits, juice from the giant palm trees (to make liquor). These we sell or use for food. Hill slopes, known as 'dongar', are our cultivation fields."
Local will have nothing less than the cancellation of Vedanta's Niyamgiri mining lease.
They want the India Forest Rights Act of 2006, which gives forest-dwelling communities rights to land and other resources, implemented. They have demanded an irrigation dam from perennial hill streams, schools in each and one hospital for every 10 large villages, assured daily wage work under government schemes and support prices for forest products.
"The government is largely satisfied with its (Vedanta) pollution control measures at this time," said a senior official of the Orissa government, Vedanta's stake-holding partner, who spoke to IPS on condition of anonymity because "Vedanta has become a political issue".
But "Vedanta's corporate social responsibility however needs to shape up," he underscored.
In an email reply to IPS, Mukesh Kumar, Vedanta's chief operating officer at Lanjigarh, says that his company believes in sustainable development. "It is providing livelihood to tribal people through vegetable cultivation, pisciculture, poultry and goatery. Nutrition to children, health check-ups and malaria control are other programmes. Direct and indirect employment has been given to 20,000 people while 13 villages now have electricity," he added.
Meantime, the London-listed mining major Vedanta Resources Plc has been seeing international investors sell their stakes in it due to ethical concerns over the Orissa project. Britain's Joseph Rowntree Charitable Trust is the latest to leave, after the Church of England, the Norwegian government and Martin Currie Investment Management.
Said woman tribal leader Kulunji Sikhola: "It is our land; we will sit - the Dongria people - and decide directly".


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Jaypen66 brauchte ein neues WordPress-Theme Design und hat einen Wettbewerb auf 99designs gestartet.
Aus 242 Designs von 13 Designern wurde eine Gewinner gewählt.
Wilderness Edge
Welcome to our brief!
We are a growing hotel and activity center located in the Canadian forest that provides complete meal, lodging, activity packages to large groups.
We do weekend retreat and week long conferences and some individual room bookings.
We want to present a clean, instantly understandable theme.
Event Planners and Individual bookings.
40 - 60 year old event planners (generally women) hunting for a great location that can provide facilities and fun activities for large groups. Clean, simple, usable for older non-technical person.
Individual bookings are generally families with children or older couples.
Layered .psd file
Significant parts of the page in different layers
Text should be in separate layers
Different states of navigation items (rollover state, active state, normal state) should be represented by different layers.
Please see this before making a submission
Updated upper layout http://screencast.com/t/YWRkNzI5M
Lower layout http://screencast.com/t/MjUyNzdmMTc
Group packages and Make Reservation (individuals) areas links and/or widgets are how we pay the bills, so we do not want these getting lost or filed to the back when building this site.
Websites that inspire
Pictures taken locally will help you get a feel for our theme and also provide material for your mockups
More material for you - Wilderness Edge Activities
About Us
Use earth tone colors, subtle detail and blending
Use shadows and rounded corners
Optimize PSD for Wordpress Website Creation
We want a site that can be optimized for SEO
Do Include breadcrumbs
Low quality graphics
960 pixels with extended side graphics for those with higher resolution
Number of Pages: 4
Page for main contest: 1 = Home Page
Home page
Blog page
Group packages
Contact Us
Potential winners near the end of the contest will be contacted to finalize their potential win by creating 4 more pages based on variations of their home page design. We will provide clear, specific instructions and examples for quick completion of these extra 4 pages.
About the attached WEShorter.png mock-up
Shows required Modules and rough menu text.
Mock-up has multiple themes, overpowering, room booking area needs reworking.
sIFR (Scalable Inman Flash Replacement) Please include all necessary font files.


text: cce-shift 15/11/2016 Quadry There is a Mobile Optimized version of this page (AMP). Open Accelarated Mobile Page Version for fast loading. Follow People's Review on Social Media Related If you liked this article and others published by us then you can assist us by contributing generously towards the cause of fearless and anti-establishment journalism Payment from outside India is not accepted now as we are not registered under the FCRA


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corissia offers
Flexible and with personal assistance. That's how to book your holiday today
Your next holiday on Crete
Our best offers for your hotel stay
1 Apartment Exclusive inkl. breakfast
room details
Current room offer (all people)
7 overnights, 19/04/2019 - 26/04/2019
€ 823.00 757.00
You made a very good choice
€ 823.00 € 757.00
Deposit: € 151.00
Pay when you stay: € 606.00
This is the final price for your room selection for all travelling guests (not per person) plus tourist tax in the amount of 10.50€ . There are no other hidden costs or fees.
Special offer: free airport transfer (Chania or Heraklion), if you make your reservation in the next few days (time limited offer).
Breakfast included in the price: you can enjoy every day our generous and delicious breakfast in our sea view restaurant in Corissia Park.
Free cancellation before 04.04.2019.
Not quite sure yet?
Direct link to the offer
Your trip to Crete
Prepare your arrival and departure with ease
Do you already have your flight to Crete?
You can find and book a suitable flight to Crete on an external flight search engine. We are happy to personally assist you with the flight search, if necessary.
We would hold your hotel room without any obligation, until your flight is finally booked. Just send us your non-binding booking request.
Crete has two airports: Chania (CHQ) and Heraklion (HER) with dense air traffic in the summer months. The journey time to Georgioupolis without intermediate stops is about 40 minutes from airport Chania and about 90 minutes from airport Heraklion.
Should we pick you up from the airport and drive you back again?
Airport Shuttle
We offer a cost-effective transport from the airport to the hotel (and back) by our minibus or a comfortable car. The Corissia Shuttle is only available for individual hotel bookings via our website (and not via tour operators).
Extra charge for the airport shuttle
Special offer: free airport transfer (Chania or Heraklion), if you make your reservation in the next few days (time limited offer)
Please note that you may wait up to 30 minutes at the airport for our next shuttle bus to arrive. As a rule, however, there is already a driver at the airport on your arrival and you will be driven to the hotel quickly and without any intermediate stops.
rental car
Do you prefer to be independent with a rental car?
Rental Car
Here you can search for a rental car on an external website.
Rental Car at Airport
Heraklion (HER)
Rental Car at Airport
Chania (CHQ)
How to reserve your hotel room directly with us
1 Simple and personalized
Once you have entered your travel dates and selected a suitable room offer, let us simply know about your selection, either by telephone or through our non-binding request form.
Our friendly staff will then inform you in detail about the current room availability and the available flights to Crete from your nearest airport. We can also take care of your transfer from the airport to the hotel and back. According to your preference, our consultation is provided in a personal conversation and / or in written form by e-mail.
2 Flexible
Your room will be reserved only after our consultation with you and you will receive a reservation confirmation with all details and your personal reservation number.
You have enough time to clarify all remaining details and to book your flight to Crete. Even if we can not book your flight for you (we are not a travel agency), we would be happy to assist you if necessary. We would reserve without any obligation your hotel room for you, until your flight is finally secured.
3 Small deposit
After all details are clear, you are kindy asked to make only a small down payment (20% of the total room price) by bank transfer (eg on our reservation account in Germany). Your reservation would be then confirmed.
The balance is due upon arrival at the hotel.
4 No risk
In case of cancellation there is no fee, as long as the reservation is canceled at least 15 days prior to arrival. In this case, the deposit will be paid back in full amount. Otherwise, a cancellation fee equal to the deposit paid is due. For our regular guests who already hold a corissia.clever membership, there is no cancellation fee, no matter when the reservation is canceled.
Your online booking confirmation would be similar to this one (demo)


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When we think of heroes, we often think of the bravery shown by firefighters, policemen, soldiers and the citizen who jumps in Taylorsville Lake to save a drowning child. They are truly heroes.
But I have in mind another kind of hero: the heroes who show love and compassion to the elderly and disabled who need help with daily care, special training to regain strength and functioning, intensive medical monitoring, and/or mental stimulation. Mostly, they need love, attention, respect and unconditional positive regard.
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An Ageless Promise
"One day, Edward, I'm going to find that perfect match for you. Even if it takes me a hundred years," Elizabeth Masen solidly assured her son. Now, a century later, Edward reflects on the best thing that came out of such an ageless promise... Bella.
A oneshot that explores Edward's thoughts immediately after Bella falls asleep during the infamous Chapter 20 of Eclipse - Compromise.
Disclaimer: I own nothing. I'm just a person who has a writing hobby and is a Twilight fanatic! I guess you could say this is my first story, but I have written quite a bit more. My other works are posted on a different website (the link is on my profile). Enjoy!
1. Promise
Rating 4.5/5 Word Count 2422 Review this Chapter
Was the word really fathomable? Could it be that I was simply hallucinating? Such talk had always been such an inconceivable concept to me that my mind was running in circles at just the mere thought.
Bella, my Bella, was curled up to my chest, emitting a mumbling sigh. Even my enhanced hearing couldn't pick out the string of words. But I knew what it might be about – her acceptance to marry me. I felt myself shiver in delight at the very thought. My body was filled with such immense compassion that it was difficult to sit still. I continued to, though, because I dare not disturb the sleeping angel in my arms.
Her blood pulsed swiftly through her veins, teasing the monster inside of myself. I allowed myself a small smirk. The sensation of her blood had grown to be more enjoyable than appetizing. As stubborn as I have been to keep this sensation alive, Bella refuses, and I have found myself growing onto her as being one of my kind. Things had changed.
Tonight, it was suddenly like it didn't matter that her reluctance was still clear, that I would take her human life away myself, and certainly what anyone else thought, because one thing was blatantly clear – she was mine.
I had found someone.
I had known this fact for a while, in fact, it was the very day I had declared my feelings for her. Before tonight, all of those emotions had seemed so temporary. Bella could so easily walk away (well, easier than I could, anyway) to be with someone who could give her so much more in humanity than I could even dream of. But tonight, she had just accepted to be with me forever. She would soon be officially, legally, eternally, whatever you want to call it, mine.
The dull waves of moonlight seemed to only focus on one single object, placed perfectly on Bella's fragile left hand: my mother's ring. I had never paid particular attention to it in my human life, because it was always something shared between her and my father. Its meaning had all changed the second Alice found out that I had inherited such an object, and she immediately insisted that my mother's ring was the solution to my worry. Bella would accept a hand-me-down, regardless if Alice could see it or not.
Now, one hundred years later, I could only find irony in the little object.
My mind briefly drifted to one of the few memories of my mother's endless protection of me, of my former life, and of my last months before I was changed into this life… It was a time when Bella's existence would have given my beating heart a constant workout.
…with that, the drafting age is expected to lower to eighteen in the late summer – presumably late July or early August – and all able men will be included in the next round. Letters will be sent...
"Edward Anthony! Are you reading those articles again?"
I jumped up from where I sat at the long dining table, startled. My mother – Elizabeth Masen – appeared at the door frame, her two small hands placed above her hips. Her hair was down, an unusual sight for women these days; though, I knew it was fine in the safety of our home. After all, it was late afternoon, approaching dinnertime, and a casual appearance was acceptable.
Her skirt moved very slightly near the floor, but in such a manner that I knew she was impatiently tapping her foot underneath, waiting for my acknowledgment.
I glanced down at the reading material below me and looked away.
I had been caught. Again.
"Sorry, Mother," was all I could manage before a sheepish smile played at my lips. I got up and folded the newspaper onto the table.
She never really appreciated it when I read the newspaper – she knew that I was looking for dates of the draft and reporting locations, always too hopeful. She never acknowledged that I also found it fascinating to hear stories and reports about the Great War being fought around us.
I could always use an excuse and say I was reading something else, for there were always more criteria to read in the newspaper, but I knew it was useless. Not only was it disrespectful to not be completely honest, but I also had learned that my mother could always see through a lie. She knew me too well, recognized my eagerness to be a soldier too much to actually believe I was reading a story about a Boy Scout local project.
At my contrite gaze, my mother's face softened considerably, her eyelids closing over her emerald eyes to take a deep breath.
"You should be sorry," she muttered before she walked up to me and pulled me into her arms. She left me in silence before sighing into my hair, "you're just so eager to leave us."
"Not to leave you, Mother, no," I reassured automatically, returning her warm embrace. My face was lost in her long bronze curls, identical in color to my own hair. "Every man needs to protect his country, his family, at one point in time."
It was wrong in many ways to play the whole 'protecting family' reason. I had to, though, for it was the only way to get the subject dropped, because I wasn't the only one who felt that way. My father was also very adamant about protecting our country – if he were of reasonable age he, too, would be in line to sign for the draft.
"Oh, Edward," she pulled away, and looked me directly in the eyes, "but you're barely of age. You should be worried about finding a lovely girl to settle down with – not sailing across the ocean to be trained to kill."
I could barely manage to shake my head as she looked me in the eyes. My mother had such a talent for gazing at people. Every time you looked at her while she was in deep concentration, it was impossible to look away. She was so thoughtful, so full of life, and such strong emotion always shone through the glow in her eyes. Everyone always told me I not only looked much like my mother, but I also took on that aspect of her personality.
I glanced at her petite figure, at an uneasy stance, which was the only thing I had not inherited from her. I stood a few inches above my mother, and my long fingers were twice in length compared to her short ones.
"I will only learn such dangerous techniques to protect all of us here. We don't want the war to come here," I said, motioning my hand to the current headline in the newspaper. She looked down somberly at it, shaking her head.
"With any luck, this horrid war will be settled before I lose you and your father to the draft."
"Father is too old," I began. My mother cut me off from the rest of my sentence.
"When they lower the age, they will raise it, too. With so many young men… You're going to need someone to calm them down," then, her expression clouded, "young men can be very careless, especially in these times."
"I wouldn't be like that," I soothed. It seemed all I did in those days when it came to war-talk was to say things to pacify her. I acknowledged heavily that I was half of everything she had left. Her entire life was set into my father and I. Still, she worried too much about us.
"You're so inexperienced in life," she ran her short fingers through my hair. The strands were so hard to manage and preferred to stay in an unusual kind of disarray – I was frequently combing it over to please my father – but my mother seemed to like it more in its natural state.
"I will be properly trained, first. The war might be over by then."
"Accidents happen all the time in training, too," Mother's hands fidgeted with her apron. She abhorred talking about such things.
"I will be extra careful." I didn't like arguing with her in such a manner, and I longed for a subject change. "You always tell me I'm not like many other boys my age."
"That is true, Edward, you are not," she replied, "and thank Heavens for that, because I hear that young soldiers are very easily distracted away from home by the foreigners. Particularly the females."
I laughed.
"That is the reason some sign up, I believe." That was true; many from school were pining for the attention they would receive from the women when they knew they fought in war and the thrill of being away from home and their mother's disapproving reign.
I, on the other hand, wanted the privilege to say I went to defend my family – the most important thing to me.
My mother chuckled darkly. "Yes, I hear those French girls are a real piece of work."
"Maybe I could find the perfect girl there," I joked, knowing my mother would be horrified at the very thought (the neighborhood mothers had a tendency to exaggerate the stories men brought back about experiences). She didn't believe all of the stories about them, even though she acted as if she did. I was always able to see such things in people, especially Mother. Father called it observant, but I preferred to think of it as an extra connection that I had been blessed with.
"Then I will expect a letter to home the second you take interest in her," Mother's eyes sparkled with jest. We enjoyed joking around with each other, since we were so much alike. "I would, however, like to point out someone closer to home… Remember little Julie Watkins that lives a few blocks down? She always brings your papers from school when you miss – I hear her parents are going to give her a debut party in the coming weeks. If you would go…" Her thought trailed as her countenance turned into the future, browsing through the profound list of possibilities.
I groaned softly, but it was enough for her to hear.
She suddenly turned serious.
"One day, Edward, I promise that I'm going to find that perfect match for you." She took my face between her hands. "Even if it takes me one hundred years, I will still be looking. I will not let you live this life without your other half."
Her voice was so firm, so sure, it was difficult not to believe. But when nobody truly interested me as someone to spend the rest of my life with, it was still an incomprehensible subject to think too closely about.
"Wedding… Renee…"
Bella's voice pulled me out of my near century-old memories, now mumbling at a hastened pace that was gradually becoming clearer. Finally. Some unintended insight into the workings of her mysterious mind. I smirked and pulled her small body closer.
I would have never imagined that my mother's promise to me that she would continue looking could one day be valid. I had understood the promise to be nulled with her death. Carlisle had always known that when she had demanded my survival in the turmoil of the Influenza, she had a reason. Never before had I conceived that her promise had been ageless.
Before Bella, I never believed that my mother might've been inadvertently giving me the chance to do the one thing she had most hoped for in her son – find someone that could be to me like my father was to her. He wasn't just a protector to her; he was the other half of her soul. Even the mere human mind I once had could see that.
Bella turned in her sleep once more, unconsciously wrapping her arms around me. Her mahogany hair fell to conceal her beautiful face and I gently brushed each strand away. It was far too hard to not be able to see her changing emotions that might give a clue as to what she dreamt of.
This time, they played across her radiant face as pleased or content. I stared at that face for a long time, still sometimes caught off guard from her innocent beauty.
"We need to plan… guests… Alice… Honeymoon…"
Even in slumber, her cheeks still could flush a rosy pink, with a soft smile tugging at the corners of her lips. She truly had no conception of how desirable she was, and with that last comment, she highlighted it.
Her dreams and thoughts were a blank page to me, but I could imagine.
Even in all of the hardships we had encountered and with everything that is still to come, I knew that this night would help us pull it through it all.
I owed a massive debt to her impatient hormones, because they were my only companions in the compromise tonight. They were all that kept us from crossing a line into uncharted territory for both of us. Also, if Bella weren't so impatient, she wouldn't be wearing the ring. But she was, and I couldn't be more ecstatic.
She might not like to think about it now, but she was engaged to marry a vampire. I savored every warm touch now, every burning kiss, because those were numbered if she planned to get married this summer. I would certainly miss being consumed by her body heat, but I knew my feelings could never change. The passion that burned through me was what would keep me warm inside, as long as she was there.
The ring continued to sparkle in the moonlight, becoming the brightest thing in the room (second to Bella, that is). I had so much to be thankful for – especially the human mother that I had vague memories of.
Bella was now growing slightly restless – burying her face into my shirt, talking quicker, and pulling herself ever closer. I chuckled and marveled at it as I took in the miracle before me.
To calm her slightly, I placed a small kiss on her forehead and sat back. So carefully, as not to make much movement, I inhaled deeply.
"Thank you, Mother. You kept your word," I muttered into Bella's hair, taking in another deep breath of her exhilarating scent. "And, if I may say so myself, you did a wonderful job in finding her."


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by Tom Utescher
The boys lacrosse squad at Springside Chestnut Hill Academy wrapped up its series of early non-league matches last Friday, moving up out of a 1-1 tie to knock off host Shipley School, 10-3.
Four goals apiece from senior Clint Sanders and junior Tasso Karras helped the Blue Devils pump their record up to 7-0, while the team's alternating goalies split time in the nets as usual. Three saves each were credited to junior Xander Pacilio (the starter on this occasion) and sophomore Matt Eccles (who played the second half).
SCH will now launch into its commanding Inter-Ac League schedule, starting out with Malvern Prep and Episcopal Academy this week, and then tackling national power Haverford School on April 16.
"We've been working real hard to become competitive," remarked head coach Mike DelGrande, now in his fourth year with the Blue Devils. "It's taken a few years, but we're headed in the right direction. I've seen continued improvement in our stick skills and our lacrosse IQ. We've been playing much better defensively, and we've got two really good goalies."
The team lost junior Sean Delaney to an injury suffered in an early scrimmage, and fellow defenseman John Henry, a senior, was temporarily out of action last Friday, but DelGrande was pleased with the way that juniors Tom Hogan and Kyle Lawlor and sophomores Nick Lawlor and James Oeth held the fort in front of Eccles and Pacilio. They limited Shipley to a single goal until the fourth quarter.
After killing a pair of penalties, SCH got on the board with 8:20 remaining in the opening period, when junior Jackson Kleintz sent a pass from out in the flat on the left side to scorer Forrest Rall (a senior) a few yards from the near post. With a little under two minutes left in the period, Shipley evened it up as Tate Gallagher dodged past several defenders on an assault down the left flank.
The Gators had killed a penalty shortly before they scored, and the Blue Devils ended the quarter in a man-down situation. After that, there were fewer men in the box and more balls in the goal, at least for SCH. Senior Evan Fireman opened the second-quarter scoring, and Karras chalked up his first goal four minutes before halftime to make it 3-1 at the break.
"We just started to play the way that we've worked on playing," DelGrande explained. "We got a lot of ball movement on offense and had players moving well off the ball, and on defense we settled down and began to play together as a unit, instead of as individuals."
A little over three minutes into the second half, the SCH offense really stepped on the gas. Even with a brief interruption to kill off a penalty, the Blue Devils poured in five goals in a six-minute span, three by Sanders and two by Karras. That set the score at 8-1 for the start of the fourth quarter, which began with the Gators finally registering their second goal of the game as two Blue Devils looked on from the penalty box.
Back at full strength, SCH netted two of the last three goals, as Karras and Sanders each scored for a fourth time. One of the busiest players for Shipley was goalie Ian Walsh, who accumulated a dozen saves.
Coach DelGrande knows that his players must try to smooth off all of the rough edges with Inter-Ac competition about to begin.
"We committed too many turnovers early in the game today, although that got a lot better later on," he pointed out. "Our guys have to know that if we come out in a league game and throw the ball all over the place, those teams are going to make us pay for it."


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Oregon has a proud history of producing great beer, wine, and coffee. At Mt. Hood Roasters we take great pride in adding to the rich culinary contributions Oregonians make to these products. Mt. Hood Roasters Coffee Company is a family owned and operated business in Rhododendron, Oregon, in the shadow of majestic Mt. Hood. We air roast our coffee in a Sivetz Fluid Bed Air Roaster and we use only the highest quality, 100% Arabica coffee beans on the market. We roast our coffee in small, 10 pound batches. Crafting exceptional coffee is not just a job to us...it is our passion.
If you happen to be in the Mt. Hood area, please stop by and visit our roasting facility. We are the only coffee roasting company in the northwest published in a National Geographic Society Map Guide of places you should visit. We are open to the public 7 days a week. We would love to give you a tour of our facility.


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Christmas Lottery Winner: Legendary* - 12-25-2009 , 01:47 AM
1. Tell us a bit about yourself.
Hmm, lets see. I'm 18 years old and I attend college at Texas A&M Texarkana ha.
2. How did you find High Impact Halo, and when?
Im gonna say around 2004. Back when super jumping in H2 was the thing. I looked up super jumps on Google and it directed me here showing a video Tutorial on Ascension. I believe it was filmed by Blue Devil :D
3. What is it that you like about Halo tricks, and what kind of tricks are your favorite to do or see?
The way you feel when you pull one off (insert dirty joke here). It's such a sense of accomplishment. And I love super bounces on H2. Also, warthog launching FTW!!
4. Have you discovered any Halo tricks or glitches yourself?
A few super jumps but nothing new or revolutionary :p
5. What is your favorite game from the halo Series?
Halo 2 or 3 definitely. Both are pretty superb games.
6. What other hobbies do you have?
I love to play bass and write music. I also love spending time with my friends, wasting time on games :D
7. If you could choose, what would you choose and why?
8. What is the first video game you ever played?
Mario on SNES for sure ha. I'm not that old :p
9. (From last week's winner) What is your favorite brand of socks? -Jamie Maddrox
Nike haha. They rock my socks. -lame pun-
10. If you could ask the next lottery winner one question, what would it be?
Your greatest memory in video game history.
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