text:
|Hennepin County
|Gardebring, J.
Took No Part, Anderson, J.
State of Minnesota,
Leonard Joseph Richards,
1. Defendant does not have standing to contest search of storefront where he did not work, but simply stored items.
2. The trial court did not err when it denied defendant's request to relinquish his right to self-representation when to do so would cause unnecessary delay, and defendant had prevented standby counsel from preparing to take over if necessary.
3. The trial court did not abuse its discretion when it struck from defendant's witness list irrelevant defense witnesses, admitted hearsay statements under certain recognized hearsay exceptions, allowed a juror to continue to serve over defendant's allegation of bias, and ordered defendant to reimburse county for funds misused by defendant in the course of his defense.
4. Defendant's allegation, made without support in the record, that the trial court answered questions from the jury outside of defendant's presence are insufficient to raise an issue for this court to decide.
5. Defendant was not prejudiced by unavailability of trial transcript for preparation of his supplemental brief.
Heard, considered and decided by the court en banc.
GARDEBRING, Justice.
In this appeal we again consider the case of Leonard Richards. Richards was convicted for the 1987 murder of one of his attorneys, Robert Stratton. [1] The subject of this appeal is Richards recent conviction for the 1982 murder of his halfsister, May Wilson. Richards represented himself throughout this most recent trial and, while he is represented in this appeal by the state public defender, he has filed a supplemental pro se brief. The two briefs raise the following eight issues:
1) whether the trial court properly admitted evidence seized during a warrantless search of the murder scene;
2) whether the trial court properly denied Richards' mid-trial motion to relinquish his right to self-representation and to have his standby attorneys take over the case;
3) whether the trial court properly granted the state's motion to strike several prospective defense witnesses;
4) whether the trial court properly admitted several hearsay statements of Wilson, Richards' halfsister;
5) whether the trial court properly denied defense motion to strike a juror who came forward to report a contact between Richards and a friend of the juror's husband;
6) whether the trial court had the legal authority to order Richards to reimburse Hennepin County for funds expended in his defense;
7) whether Richards suffered any prejudice from the unavailability of a trial transcript during his preparation of a supplemental pro se brief; and
8) whether the trial court erred when it allegedly answered questions submitted by the jury without bringing Richards to the courtroom.
We affirm the conviction.
Richards and Wilson had a financially close, but emotionally strained relationship. Wilson was frequently hospitalized for physical and mental illnesses and Richards managed her financial affairs. Richards obtained several hospitalization and income protection insurance policies for Wilson's benefit, proceeds from which amounted to over $600,000 during one three-year period. Their personal relationship, however, was difficult. She reported to friends on different occasions that Richards was mean and abusive to her and that she feared him, but that she was reluctant to estrange herself from him because of his involvement in her financial affairs. In March 1982, firefighters, responding to a smoke alarm at Richards' home, discovered Wilson in the backseat of a car in the garage suffering from carbon monoxide poisoning. As the emergency personnel assisted her, she asked "You don't think he's trying to kill me, do you?"
Also in March 1982, Richards leased a storefront located at 1028 West Broadway in Minneapolis in the name of a corporation he controlled, The Administrative Center, Inc. Richards told others he intended to operate two businesses from the space: a taxi service and a mail order company. He had the storefront cleaned, the windows covered, and several boxes moved there. A security lock on the door leading to the storefront basement was installed and two keys were issued to him.
In May, employees and tenants of neighboring businesses noticed and complained of an odor emanating from the 1028 West Broadway storefront. On May 20, the leasing agent requested that Richards investigate and remedy the odor. Richards dispatched James Reichert, one of his attorneys, to check on the building. Reichert entered the building with a key given to him by Richards and detected what he described as "a wet basement" smell, but nothing unusual. Reichert, however, was unable to examine the basement because, despite Richards' assurances that a key would be in the basement deadbolt lock, no key was waiting for him. The next day the leasing agent sent one of its employees, accompanied by a locksmith, to the storefront. They entered the building, broke into the basement, and discovered Wilson's decomposing body under some cardboard.
The leasing agent notified the police, who arrived and examined the scene. They located both keys to the security lock in the basement. On the storefront's main floor, police found some boxes containing clothing. They found a dent in the wall containing hair and blood traces, later confirmed to be consistent with those of Wilson; blood was also on both the main and basement floors as well as on the stairs. Based on this physical evidence, police hypothesized that Wilson was killed on the main floor and dragged downstairs.
At two separate hearings on the admissibility of evidence found at the 1028 West Broadway scene, officers testified that the building appeared abandoned. However, the leasing agent representative told the officers who first arrived on the scene that Richards had leased the storefront, that the rent was current, and that he had been in contact with Richards regarding the odor just prior to the discovery of the body. Testimony also revealed that Richards was the sole owner and incorporator of The Administrative Center, Inc. and that some personal property (Richards' mother's clothing and some furniture) was stored at the 1028 West Broadway location. At the conclusion of both hearings, the trial courts ruled the evidence admissible. Both trial courts cited two theories to support their decisions that the search was constitutional: 1) that Richards did not have an expectation of privacy in the area searched, and 2) that the storefront appeared abandoned and, thus, the officers reasonably relied on the apparent authority of the leasing agent to consent to the search.
Several years later, when Richards was tried for Wilson's murder, he represented himself. The trial court appointed attorneys from the Hennepin County Public Defender's (HCPD) office as standby counsel. However, the HCPD informed Richards and the trial court that it would provide no services or assistance beyond the presence of these attorneys in the courtroom as advisors. Accordingly, like any attorney appointed to represent an indigent client, Richards would have to petition the trial court for funds for law clerks, investigators, and office supplies. Richards did so successfully and Hennepin County ultimately provided more than $500,000 for his defense.
The question of what to do should Richards be unable to continue to represent himself was also addressed. Attorneys from the HCPD argued that Richards' decision to represent himself was irrevocable. While the trial court determined that Richards could proceed pro se and that the HCPD attorneys would be available as standby counsel, it also observed that circumstances might eventually dictate that they take over the case. The court expressed concern that a significant delay might result as the standby counsel had no access to the over 20,000 pages of documentation relating to the defense.
After extensive pretrial hearings and over six weeks of jury selection, Richards, claiming "high blood sugar levels," decided he was too ill to continue representing himself and therefore moved the court to relinquish his right to self-representation. Richards asked the court to appoint his standby counsel to represent him. Richards' standby counsel opposed the request, citing their lack of familiarity with the evidence and their belief Richards had made the request only in pursuit of a mistrial. The trial court heard argument from Richards, his standby counsel, and the prosecution and denied Richards motion to relinquish his right of self-representation. Richards continued to represent himself.
Later during the trial a juror sought a meeting with the court to disclose a contact between a family friend of the juror and Richards. Apparently, Richards called a funeral parlor operated by the friend regarding arrangements for his burial and stated that he expected to be dead soon. The friend mentioned the contact to the juror's husband, who, in turn, mentioned it to the juror. The trial court allowed Richards to examine the juror, but ultimately ruled the contact would have no impact on the juror's ability to be impartial.
Prior to and during the trial, the court held hearings to consider offers of proof from Richards regarding each of the witnesses on his extensive witness list. Proceeding witness by witness, the court heard Richards' offers of proof, as well as the prosecution's objections, and struck from the list those witnesses it deemed irrelevant.
The jury found Richards guilty of first degree murder. Minn. Stat. § 609.185(1). The trial court sentenced him to life in prison and ordered Richards to reimburse Hennepin County $50,000 in partial restitution for the monies expended by the county for his defense. In ordering the reimbursement, the court noted that Richards had wasted at least that sum on disbursements unnecessary to his defense.
I. Was the warrantless search of 1028 West Broadway constitutional?
Richards' first issue involves the warrantless search of the 1028 West Broadway storefront. He argues that, because the police had no warrant and their conduct did not fall within any exception to the Fourth Amendment's prohibition of warrantless searches, the evidence found at the crime scene must be suppressed.
The Fourth Amendment generally requires a warrant before the government can search the home or business of a private individual. Payton v. New York, 445 U.S. 573, 585 (1980). If the defendant has a reasonable expectation of privacy in the area searched, then the police should obtain a warrant before searching. Katz v. United States, 389 U.S. 347, 354 (1967); State v. Tungland, 281 N.W.2d 646 (Minn. 1979). The Fourth Amendment protection clearly reaches to business premises as well as residential property. Michigan v. Tyler, 436 U.S. 499 (1978). Thus, searches conducted without a warrant on a business premise (except for inspection searches, which the search at issue here clearly was not) are presumptively unreasonable unless an exception to the warrant requirement can be found to apply. Coolidge v. New Hampshire, 403 U.S. 443, 454-55 (1971).
There are some well-established exceptions to the warrant requirement, instances when the police may, for a variety of reasons, search and seize without the official blessing of a warrant. Several of these theories may be relevant here. A warrantless search is permissible, for instance, when the delay necessary to obtain a warrant might result in the loss or destruction of the evidence. See, e.g., Carroll v. United States, 267 U.S. 132 (1925). Also, police are not required to obtain a warrant to search an area if someone with legal authority over that area consents to the search. See, e.g., United States v. Matlock, 415 U.S. 164 (1974).
The state adopts the reasoning of the two trial courts which heard this motion below and ruled the search constitutional. Both trial courts held, first, that Richards lacked standing to contest the search and, second, that the property appeared to have been abandoned, so it was reasonable for the officers to rely on the leasing agent's consent to the search. The state also asserts that the smell emanating from the storefront would have inevitably led to the discovery of the body and other evidence.
The state's argument that Richards lacks standing to contest this search appears to be dispositive of the issue. [2] It is clear that the Fourth Amendment's protection is personal and individual, regardless of whether the one protected is a natural person or a legal fiction, such as a corporation. See LaFave, Search and Seizure, at § 11.3(d) (3rd ed. 1996). A defendant who cannot demonstrate a legitimate expectation of privacy relating to the area searched or the item seized will not have standing to contest the legality of the search or seizure. Rakas v. Illinois, 439 U.S. 128, 138-48 (1978). Generally, a person doing business as a corporation, even if he or she is the sole shareholder, may not vicariously assume the corporation's Fourth Amendment rights. See Lagow v. United States, 159 F.2d 245, 246 (2nd Cir. 1946). However, while the U.S. Supreme Court has ruled that an employee may contest the search of his business premises if the area searched was "one in which there was a reasonable expectation of freedom from government intrusion," Mancusi v. DeForte, 392 U.S. 364, 368 (1968), it has not conclusively determined the status of a sole proprietor's standing in his business premises. LaFave, Search and Seizure, supra, at ' 11.3(d). Moreover, courts have not interpreted Mancusi as a grant of individual standing to corporate officers relative to the corporate premises. Id.
There appear to be two lines of inquiry into the standing of a business owner to contest the search of his business for evidence to be used against him personally. Some courts require the individual to demonstrate a "nexus between the area searched and the work space of the defendant." United States v. Britt, 508 F.2d 1052, 1056 (5th Cir. 1975). Others have examined the defendant's relationship to the evidence seized. See United States v. Mancini, 8 F.3d 104 (1st Cir. 1993). Neither inquiry lends support to Richards' contention that he has standing to contest the search of the 1028 West Broadway space. In Britt, for example, the area searched was a storage area where the defendant spent no time working. There, the court determined the defendant lacked standing. Britt, 508 F.2d at 1055. Similarly, the 1028 West Broadway space appears to have merely been storage space for Richards. The record contains no evidence that Richards actually ran any sort of business from the location. Thus, Richards had no workspace at the storefront and therefore no standing to contest the search there.
Turning to Richards' relationship to the items seized, we again find no support for his claim of standing to contest the search. In Mancini, an appointment book containing personal and business entries was seized. The court found that the presence of many personal appointments suggested that the overall nature of the document was appropriately nonpublic, thereby justifying a legitimate expectation of privacy and standing to contest the search. Mancini, 8 F.3d at 108. In contrast, the storefront contained a few boxes -- which held some of Richards' mother's clothing and some magazines -- and some furniture, a table and a few chairs. Unlike the appointment book in Mancini, none of these items seem the sort of items that one keeps private. Moreover, in Mancini the defendant was held to have standing as to an attic storage room where his "belongings were clearly labeled and were segregated from other items in the secured archive attic." Id. at 110. Richards' storage of items at 1028 West Broadway does not reveal any similar effort to keep private the items stored; indeed, nothing about the items or the manner in which they were stored reveals anything of a personal or private nature. In short, neither the nature of the storefront nor Richards' use of it, nor the property stored there indicates a justifiable expectation of privacy on the part of Richards personally. Thus, we hold that he had no such expectation and may not contest the introduction of the evidence found there.
II. Was Richards denied his right to counsel?
Richards' next contention of error revolves around his self-representation. He alleges that the trial court abrogated his right to counsel and to the effective assistance of counsel when it denied his request to relinquish his right to self-representation and to have his standby counsel proceed in his place. The state contends that Richards' request was not timely and was, in fact, merely another of many attempts to delay the proceedings and manipulate the court. We must consider two questions: first, whether a criminal defendant has an absolute right to reclaim his right to counsel, having once relinquished it, and, second, whether Richards was denied the effective assistance of counsel, in this case standby counsel? Central to this inquiry is the nature of the role of standby counsel. Is their role akin to that of the phone psychics who advertise on late-night television, giving advice, which may or may not be heeded, only when asked? Or is it more like that of a theatrical understudy, ready to step into the trial should the primary actor, the defendant, be for any reason unable to continue? This question is one of first impression in Minnesota.
In Faretta v. California, the U.S. Supreme Court held that a criminal defendant has a constitutional right to represent himself and thus may voluntarily and intelligently elect to do so and waive his right to counsel. 422 U.S. 806, 834-35 (1975). A defendant wishing to undertake his own defense need not be a lawyer, or even possess legal skills, but the trial court, when inquiring whether the defendant's waiver of counsel is voluntary and intelligent, should emphasize to the defendant the "dangers and disadvantages of self-representation." Id. at 835. To partially ameliorate some of these disadvantages, the Court observed that a state "may -- even over objection by the accused -- appoint `standby counsel' to aid the accused if and when the accused requests help, and to be available to represent the accused in the event that termination of the defendant's self-representation is necessary." Id. at 835 n.46. In Minnesota, standby counsel must be appointed for any defendant choosing to represent himself in a felony case. Minn. R. Crim. P. 5.02, subd. 1. As noted earlier, trial court in this instance appointed standby counsel from the Hennepin County Public Defender's staff.
Even where a criminal defendant has chosen self-representation, and defense counsel are present on "standby," however, the trial court still has the responsibility and power to regulate the conduct of the court proceedings. The Court stated flatly in Faretta that self-representation is not a license to disrupt, obstruct, or otherwise impede the trial proceedings: "the trial judge may terminate self-representation by a defendant who deliberately engages in serious and obstructionist misconduct." Faretta, 422 U.S. at 834 n.46. The court must not allow self-representation to be used merely to delay a trial or to seek a mistrial. United States v. Flewitt, 874 F.2d 669, 674 (9th Cir. 1989); Faretta, 422 U.S. 834 n.46 (self-representation is not "a license not to comply with the relevant" rules of law and court procedure).
On the other hand, neither can a defendant use his standby counsel as a means of delay or obstruction. A defendant cannot orchestrate appearances by standby counsel or alternate his position on whether or not he wishes to self-represent for purposes of delay. United States v. Taylor, 933 F.2d 307, 311 (5th Cir. 1991) (citing McKaskle v. Wiggins, 465 U.S. 168, 183 (1984)). Appellate courts have recognized that a trial court's discretion in this area may be sorely tested during a trial in which the defendant represents himself. See Richards II, 463 N.W.2d at 499; Taylor, 933 F.2d at 311.
In addition, the parameters of the right to self-representation necessarily have an impact on the responsibilities of standby counsel. A defendant, for example, has the right to conduct his or her own defense and thus need not heed the advice of standby counsel. McKaskle, 465 U.S. at 174. Thus, standby counsel's role is fundamentally advisory, and "[p]articipation by standby counsel * * * should not be allowed to destroy the jury's perception that the defendant is representing himself." Id. at 178. Also, a self-representing defendant cannot later complain that he did not understand or was unable to negotiate the proceedings -- that is the purpose of standby counsel. Standby counsel are present "to steer a defendant through the basic procedures of trial" and "to relieve the judge of the need to explain and enforce basic rules of [the] courtroom * * *." McKaskle, 465 U.S. at 184. There is, however, little caselaw directly discussing the issue here, namely, whether or not standby counsel should also fill the role of "second chair" counsel and be ready to step in to continue the trial should the defendant be unable or unwilling to continue his or her own defense.
Richards argues that his right to relinquish his self-representation, and thereby return his standby counsel to "active duty," is absolute. We disagree. None of the cases cited by Richards indicate that self-representation is some sort of legal overcoat to be worn when it is comfortable to do so and discarded when it is not. In its discussion of standby counsel, the Faretta Court enshrined no such absolute right to relinquish one's self-representation. Instead, it referred specifically to the possibility of deliberate "obstructionist conduct" on the part of the defendant in instances where a defendant chose self-representation and standby counsel were appointed. Faretta, 422 U.S. at 834 n.46.
Richards is quite familiar with the type of behavior the Faretta Court addressed. In our first review of Richards' conviction for the Stratton murder, we observed that Richards was unquestionably "manipulative and argumentative," persisting often in "wandering into annoying irrelevancies" and always "dissatisfied with anyone's competence except his own." Richards I, 456 N.W.2d at 266. When we again considered the Stratton matter, we noted specifically that the trial court possessed the discretionary ability to determine if Richards' behavior should result in a waiver of his right to represent himself. Richards II, 463 N.W.2d at 499. During our final review of the Stratton matter, Richards alleged that the trial court's conduct during trial had included prejudicial comments and hostility and impatience and that the trial court "castigated and threatened" him. We concluded that, in fact, the court had behaved commendably under circumstances made vexatious by Richards' repeated disruptive behavior. Richards III, 495 N.W.2d at 197.
Indeed, in our consideration of the Stratton matter, mindful of Richards' record of poor courtroom behavior and attempts to manipulate trial proceedings, we qualified his ability to relinquish his right to self-representation, stating that "[d]efendant shall not be permitted to request substitution of standby counsel unless, in the trial court's discretion, his request is timely and reasonable and reflects extraordinary circumstances." Richards II, 463 N.W.2d at 499. This appears to us to remain the proper standard and the trial court acted on it here. When Richards sought to relinquish his right of self-representation and to "hand-off" the trial to standby counsel, the trial court carefully balanced his motion against the progress of the trial to date, the readiness of standby counsel to proceed, and the possible disruption of the proceedings. We cannot say, in light of all of the circumstances, especially Richards' participation in earlier criminal proceedings, that the trial court abused its discretion when it denied his request.
Richards also contends that by not preparing to take over the case should he suddenly decide to relinquish his self-representation, standby counsel were ineffective. We have found no case that squarely addresses the effectiveness of standby counsel. See United States v. Windsor, 981 F.2d 943, 947 (7th Cir. 1992). There are, however, cases policing what might be termed the outer perimeter of the role of standby counsel. For example, the law places standby counsel at the mercy of the defendant's plans, or lack thereof, for the presentation of a defense. If the defendant wishes standby counsel to be involved, to render impromptu advice, or even to appear before the court, the defendant must authorize the standby counsel to do so. McKaskle, 465 U.S. at 183. If the defendant wishes the standby counsel not to participate, then they must simply attend the trial. See State v. Parson, 457 N.W.2d 261, 263 (Minn. App. 1990) rev. denied (Minn. July 31, 1990) (reversible error for standby counsel to leave the courtroom while trial in progress).
It is apparent that the role of standby counsel is fundamentally different from the role of counsel generally. When a lawyer is acting as standby counsel, the defendant's other rights occasionally intervene to prevent the standby counsel from acting as would be expected if he or she were counsel for the defendant. See, e.g., McKaskle, 465 U.S. at 174, 183. Nevertheless, whether standby counsel and lawyers acting as counsel for defendants should be held to the standards for the effective assistance of counsel announced by the U.S. Supreme Court in Strickland v. Washington, 466 U.S. 668 (1984) remains an open question. We think that a different standard, coextensive with, but not the same as that of Strickland, may govern the activities of standby counsel, but we decline to announce such a standard here. Instead, it is sufficient for us to state that, whatever the standard for the effective assistance of standby counsel may be, it was met in this instance.
Richards chose to confine his standby counsel to a very passive role: while he frequently consulted with standby counsel, he did not include them in his strategy planning or allow them to appear before the court. He did allow them to draft a single legal memorandum for the court, but otherwise their participation was strictly advisory. Moreover, Richards controlled access to the discovery documents, keeping them in his workrooms at the prison and the courthouse; neither of the two public defenders, who during this lengthy trial continued to carry full caseloads, had the opportunity to familiarize themselves with any of the discovery materials. To truly prepare to continue the trial in the event Richards faltered would have required extraordinary efforts on the part of two public defenders who simultaneously carried separate full caseloads. These attorneys were truly standby, to be used if "necessary." Faretta, 422 U.S. 834 n.46.
This court is familiar with Richards' obvious competence to plead his case (he represented himself through two trials and three appeals in the Stratton murder prior to the instant trial), as well as with his dissatisfaction with anyone else's ability. See Richards I, 456 N.W.2d at 266. Richards' standby counsel were not intimately familiar with the discovery and the defense strategy because Richards wished it to be thus. It was his right to make such decisions, to conduct his defense as he saw fit. McKaskle, 465 U.S. at 174. We are not inclined to hold his decisions against his standby counsel. It appears that his standby counsel did all that he allowed them to do. Therefore, we conclude that he was not denied effective assistance of counsel.
III. Was Richards denied his right to present a defense?
Richards' third contention of error relates to the trial court's striking of several prospective defense witnesses. At the close of the state's evidence, the trial court requested that the defense be prepared to proceed. The defense, however, asked for a continuance, citing incomplete preparation. Noting that the defense had approximately two years to prepare, the trial court denied the request, characterizing Richards' actions as manipulative. The defect in the defense's preparation appeared to be its witness list, which while containing only twelve names, also contained categories of potential witnesses, numbering 100 or more additional persons. Richards complained that he and his staff had not had sufficient opportunity to interview all prospective witnesses and had not decided yet who among these many he would call. For its part, the state objected that many witnesses were irrelevant to the proceedings. Accordingly, the court indicated it would conduct a hearing to review each witness' relevance and necessity. The court followed the procedure adopted in the Stratton trial and approved of by this court: Richards presented an offer of proof regarding each witness, the prosecution made objections, if it wished, and the trial court ruled on whether the witness was competent, whether the evidence was relevant, and whether the testimony might be repetitive. See Richards III, 495 N.W.2d 187, 195-96 (Minn. 1992).
Over the course of several days, the trial court reviewed Richards' list witness by witness. Richards had the opportunity to present offers of proof for approximately 100 witnesses. For many witnesses, Richards was unable to produce a coherent summation as to what they might say on the stand or as to what, if any, relevance they had to the case. Examples of the latter category included the Speaker of the Minnesota House of Representatives, a Hennepin County District Court Judge who had been the chief prosecutor in the Stratton trial, and the Hennepin County Attorney. The court allowed approximately 20 witnesses and the parties reached stipulations obviating the need for testimony in approximately 5 instances. The remainder were struck as collateral, repetitive, or irrelevant. At trial, Richards actually called 15 witnesses. Richards contests the striking of 11 of the prospective witnesses.
Criminal defendants must be accorded a "meaningful opportunity to present a complete defense," California v. Trombetta, 467 U.S. 479, 485 (1984), including "the right to offer the testimony of witnesses." Washington v. Texas, 388 U.S. 14, 19 (1967). Witnesses, however, must be relevant and must not be repetitive and the trial court, therefore, "is justified in placing limitations on" the number of witnesses. Richards III, 495 N.W.2d at 195; see also Minn. R. Evid. 401, 402, and 403 (defining relevant evidence and outlining conditions for exclusion of some evidence).
It is important, we think, to note that here the trial judge followed a procedure we previously approved. Reviewing Richards' conviction for the Stratton murder, this court observed that while "the right to present witnesses is constitutionally protected, the accused `must comply with established rules of procedure and evidence designed to assure both fairness and reliability in the ascertainment of guilt and innocence.'" Richards III, 495 N.W.2d at 195 (quoting Chambers v. Mississippi, 410 U.S. 284, 302 (1973)). What we said in that case about the trial judge's procedure for dealing with Richards' extensive witness list holds equally true here. "While it is true that a significant number of defense witnesses were stricken, the process employed by the court was neither arbitrary nor mechanical. The judge proceeded down the defense witness list in an orderly manner and asked for an offer of proof as to each person." Id. It is "well within the discretion of the trial judge to regulate the presentation and direct examination of the defense witnesses." Id. (citing Batsell v. United States, 403 F.2d 395, 401 (8th Cir. 1968)). The trial court was careful and followed an approved procedural model in dealing with Richards and his efforts to put forward a defense. The court did not abuse its discretion.
IV. Were out-of-court statements by the victim improperly admitted?
Next on Richards' list of errors is the admission of several hearsay statements of the victim May Wilson. Six statements are at issue. The trial court held a hearing to consider the admissibility of these statements and issued a memorandum decision that each of the six was admissible. The disputed statements are:
1) Wilson's deposition testimony in 1979 relating to an insurance matter;
2) Wilson's statements to Andrea Gelb, a social worker working with Wilson's mother. Wilson told Gelb that she was concerned about Richards' handling of her money and that she was unaware how much money she had;
3) Wilson's statements to Virginia Osberg, in which she said, while hospitalized, that she would not be returning to live with Richards;
4) Wilson's statements to Joyce Rude, whom Wilson told she was afraid of Richards and that he would not let her handle her own financial affairs;
5) Wilson's statements to June Rankila, whom she told she was planning to go to Richards' house to try on clothes, to go to the V.A. hospital, and to go see her lawyer; and
6) Wilson's statements to Judith Eckstrom, a counselor at the Parkview Treatment Center. Wilson told Eckstrom she was afraid of Richards, wanted to end her relationship with him, and that he beat her.
Evidentiary decisions, generally, are left to the sound discretion of the trial court. We have held previously that appellate courts should "not lightly overturn" trial court evidentiary rulings. State v. Kelly, 435 N.W.2d 807, 813 (Minn. 1989). The trial court heard argument for and against the admission of Wilson's statements and then made separate determinations whether or not to admit the evidence. With regard to Wilson's deposition testimony, it held that the deposition setting satisfied the need for reliability and admitted these statements under the catch-all exception to the hearsay rule, Minn. R. Evid. 804(b)(5). The court reviewed Wilson's statements to Gelb and Osberg and, noting that these statements were corroborated by the deposition testimony, also admitted these statements under the catch-all exception.
The trial court characterized Wilson's statements to Rude as indicative of fear. This court articulated a test for the admission of statements of fear: the trial court must consider, first, whether the victim's state of mind is relevant and, second, whether the probative value of the statement outweighs its possible prejudicial effect. State v. Blanchard, 315 N.W.2d 427, 432 (Minn. 1982). If the statement is admitted, the court must give the jury a limiting instruction. Because Richards raised accident and/or suicide as a defense to a homicide charge, the trial court found the victim's state of mind was relevant. See id. The trial court also determined that the statements were more probative than prejudicial and, therefore, admitted the evidence and gave the jury the necessary instruction.
The trial court admitted Wilson's statements to Rankila as indicative of her then-present state of mind. See Minn. R. Evid. 803(3) (1994). And, lastly, the trial court determined that Wilson's statements to Eckstrom were admissible under the medical diagnosis and treatment exception to the hearsay rule. See Minn. R. Evid. 803(4).
In short, each of these decisions was reasoned and had a solid legal basis. We see no reason to substitute our judgment for that of the trial court. Richards' allegations that the trial court erred in its conclusions regarding the indicia of reliability of these statements do not rise to the level necessary to overturn the exercise of that discretion.
V. Was a juror erroneously allowed to sit?
The fifth allegation of error relates to the trial court's decision to allow a juror who came forward to report a contact between Richards and a friend of the juror's husband to continue to serve. The contact in this case was a conversation between the juror's husband and a friend who owns a mortuary. The friend mentioned to the husband that he had received a call from a Leonard Richards, who stated he expected to die soon. The husband, in turn, reported the conversation to the juror, who brought it to the attention of the court. The court examined the juror in camera, but Richards alleged that the juror was obviously prejudiced -- she "thinks I'm going to kill myself" -- and requested voir dire. The court allowed the questioning and the juror indicated she spoke to the court because she thought the court ought to know, "in case you [Richards] were suicidal or something." She also indicated that she had no way to prevent this conduct, that her husband simply mentioned the conversation out of the blue. The court asked the juror if she felt that her ability to be fair had been compromised, to which the juror responded that it had not. The court heard argument from both Richards and the prosecutor and ruled that it was convinced the juror could remain impartial.
Private communications with a juror sitting on a criminal case about the pending matter are presumptively prejudicial, Remmer v. United States, 347 U.S. 227, 229 (1954), and it is misconduct for a juror to initiate such contact. State v. Landro, 504 N.W.2d 741, 745 (Minn. 1993). When confronted with the possibility of some outside influence on the jury, regardless of its source, the trial court must inquire into its effect. See State v. Cox, 322 N.W.2d 555, 558 (Minn. 1982). The presumption of prejudice to the defendant is not conclusive; rather, the government bears the heavy burden of establishing that the contact involving the juror was harmless. Remmer, 347 U.S. at 229. The test for whether a juror can continue to be impartial is whether he or she "can lay aside his impression or opinion and render a verdict based on the evidence presented in court." State v. Andrews, 282 Minn. 386, 394, 165 N.W.2d 528, 534 (Minn. 1969).
When reviewing the trial court's decision to replace the juror or not, this court must consider the nature and source of the prejudicial material, the number of jurors exposed to it, the weight of the evidence, and the likelihood that curative measures taken were effective. Cox, 322 N.W.2d at 559. Because the decision whether the affected juror may continue to sit involves determinations of credibility and demeanor, which are best left to the trial court, this court affords the trial court's decision significant deference. State v. Logan, 535 N.W.2d 320, 323 (Minn. 1995).
Richards contended at trial and before this court that this contact might have had a prejudicial effect on the outcome of his case and argues, therefore, that the trial court's decision to allow the juror to continue with the trial was mistaken. The trial court, however, followed the procedure outlined in the prior cases of this court and made a finding as to the juror's ability to continue to be impartial.
The trial court was in the best position to make necessary findings regarding the juror's ability to continue to sit. In addition, Richards was afforded an opportunity to elicit testimony from the juror regarding any damage to her impartiality. This contact was a peripheral matter, not one directly implicating the question of guilt or innocence. Moreover, the juror demonstrated considerable maturity as well as a serious commitment to her oath of impartiality by reporting to the court an accidental and minimal contact, such as this one. We find no evidence of prejudice and believe the trial court's curative measures were proper. Accordingly, the trial judge's decision was, in our view, not an abuse of discretion and, thus, we decline to disturb it.
VI. Was Richards properly ordered to reimburse the county for certain defense expenses?
Richards' next argument asserts that the trial court lacked the legal authority to order him to reimburse Hennepin County the sum of $50,000 for funds expended in his defense. A trial court may, as part of a sentence, order a defendant either to pay restitution, Minn. Stat. § 609.10(5) (1994), or to reimburse sums expended by the prosecution or by the government to compensate a public defender or other appointed counsel. Minn. Stat. §§ 631.48 and 611.35, subd. 1 (1994). But, restitution must be paid only to a victim. Minn. Stat. § 609.10(5) (1994); State v. Fader, 358 N.W.2d 42, 48 (Minn. 1984). A trial court may order a defendant "represented by a public defender or appointive counsel" to reimburse the government for the compensation paid the public defender or appointed counsel, if the defendant is financially able to pay. Minn. Stat. § 611.35, subd. 1 (1994). However, no recovery of the salaries paid prosecuting attorneys is allowed. Minn. Stat. § 631.48 (1994). In this instance, the trial court ordered Richards to reimburse the county for a portion of the funds expended on his behalf, but did not specify its rationale for doing so. The court did, however, note that it was ordering the reimbursement because, in its estimation, Richards had wasted at least that much. While we believe the trial judge should have been more specific in his reasoning, we find adequate support in the record to credit the judge's conclusion. Thus, we affirm the reimbursement order.
VII. Are Richards pro se arguments meritorious?
Richards' last two arguments were raised in his pro se supplemental brief to this court. He alleges that he suffered prejudice because a trial transcript was not available to him during his preparation of a supplemental pro se brief. Also, he contends that the trial court answered questions submitted by the jury without bringing Richards into the courtroom. The latter contention is meritless and we reject it as such. Richards alleges that the trial court telephoned him in jail during the evening of the jury's first day of deliberations to inform him that the jury had submitted two questions. Richards further alleges that the judge answered these questions to the jury outside of Richards' presence, in violation of Richards' right to be present. See State v. Bowles, 530 N.W.2d 521, 535 n.20 (Minn. 1995). Richards offers no affidavits or other support to bolster these allegations and there is nothing in the record substantiating this claim.
Richards' contention that he was entitled to a trial transcript to effect his appeal presents a colorable issue. An indigent defendant in Minnesota may elect to perfect his appeal pro se or to have the State Public Defender represent him on appeal. Minn. R. Crim. P. 28.02, subd. 5 (1-5, 12-14). If a defendant chooses to proceed pro se, the public defender must first file a brief on defendant's behalf. Then, the defendant may elect to proceed pro se or to file a supplementary brief. Minn. R. Crim. P. 28.02, subd. 5(12), (16). A pro se defendant perfecting an appeal may request a transcript and, after consultation with the public defender concerning the need for the transcript, be provided with one temporarily. Id. at subd. 5(17). The transcript must be returned to the public defender upon expiration of time for filing of any supplemental brief. Id. at subd. 5(18 and 19).
Richards complains that he was not provided with a transcript and therefore his ability to file a supplemental brief was compromised. The state contends that by electing to have the public defender represent him on appeal, Richards has forfeited his right to have a transcript delivered to him. The public defender agrees with the defendant, that he had a right to review a transcript.
The rules of criminal procedure allow a defendant the opportunity to file a supplemental brief. Id. at 5(12). If a defendant chooses to do so, he must confer with the public defender regarding his need for a transcript. Id. at 5(17). If he still wants access to a transcript, the public defender's office will provide its copy for the defendant's use. Id. at subd. 5(18, 19). Thus, Richards should have been provided with a transcript, but he was not entitled to have a separate transcript delivered to him. The rule clearly states that he is entitled to use the copy belonging to the public defender and must confer with the public defender for use of that copy. Id. at 5(19). Richards did not do so. Nevertheless, Richards was able to file a supplemental brief and does not seem to have been prejudiced by the lack of the transcript. His recollection of the trial and of incidental matters was accurate.
ANDERSON, J., took no part in the consideration or decision of this case.
[1] After his conviction for the Stratton murder, Richards appealed to this court to vindicate his right to self-representation. This court held that Richards had, in fact, made a proper waiver of his right to counsel in favor of representing himself. State v. Richards, 456 N.W.2d 260 (Minn. 1990) (Richards I). On remand, another trial court reinstated the conviction, forcing this court to issue an order directing a new trial. State v. Richards, 463 N.W.2d 499 (Minn. 1990) (Richards II). At a new trial Richards, now representing himself, was again convicted of the Stratton murder and this court affirmed. State v. Richards, 495 N.W.2d 187 (Minn. 1992) (Richards III).
[2] Although we conclude that Richards had no standing to contest the search, we believe it is appropriate to comment on the other theories relied upon by the lower courts and the state.
The "inevitable discovery" argument, relied upon by the state, may be disposed of easily. The state here argues that the evidence seized from the storefront may be admitted based on one of two closely related theories -- the so-called "inevitable discovery doctrine" or the "independent source doctrine." The former applies if the police would have inevitably discovered the evidence, absent their illegal search. Nix v. Williams, 467 U.S. 431, 441 (1984). The latter will countenance introduction of otherwise illegally-seized evidence if the police could have retrieved it on the basis of information obtained independent of their illegal activity. Wong Sun v. United States, 371 U.S. 471 (1963).
There appears to have been no separate investigation into the odor coming from 1028 West Broadway; thus the "independent source doctrine" does not apply, because there was no "source" independent of the police activity triggered by the evidence of criminal activity, the smell. In addition, as it was the odor that brought the leasing agent and, thereby, the police, the "inevitable discovery doctrine" seems to beg the question. Once the body was discovered, it was apparent that the murder had not taken place recently. Police therefore could easily have -- and should have -- preserved the integrity of the scene while waiting for a readily-obtainable warrant. The trial courts also relied on the notion that the officers had necessary consent to the search. A person with common authority over a property can grant permission to the police to search. United States v. Matlock, 415 U.S. 164, 171 (1974). But, a landlord may not grant police such permission unless the tenant has abandoned the property. Abel v. United States, 362 U.S. 217, 241 (1960). As the agent had recently spoken about the odor to Richards, who had dispatched someone to investigate, and as Richards' rent was current, it appears that the leasing agent knew that Richards had not abandoned the property. Thus, the leasing agent could not consent to the search.


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MONTREAL, Nov. 13 /CNW Telbec/ - Onyx Trust, Series A-1 ("Onyx") announces that its net asset value per unit as at October 31, 2007 amounted to $98.33. About the Trust The objectives of Onyx are to provide unitholders with a stream of tax-deferred quarterly distributions to yield 6% per annum of the issue price and to redeem all outstanding units at the original subscription price of $100.00 per unit on May 17, 2008.
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Mark Jackson
Sponsored By
The 5 Broncos Draft Picks Taken At No. 31If the Broncos hold onto their first round draft pick it will make the 31st and final selection in Thursday night's opening round. If that happens it will be the sixth time in franchise history that the Broncos have taken the 31st player off the board.
Odds Increasing For A Very Snowy Winter In ColoradoColorado's 2015-2016 Winter season may be one for the record books as El Niño conditions strengthen in the Pacific Ocean. The El Niño forecast released by NOAA suggests a colder winter with more snowfall than normal.
Keidel: Aside From LeBron, Mark Jackson Had To Be Most DeflatedGenerally, a new coach inherits the very vulnerable team that got the prior coach fired. Which is why, aside from LeBron, the most viscerally defeated or deflated man in the building was Mark Jackson.
Trio Of Broncos Bounce Back After Missing 2013The Three Amigos in Denver Broncos lore were all wide receivers: Vance Johnson, Mark Jackson and Ricky Nattiel. The modern version consists of safety Quinton Carter, defensive end Quanterus Smith and linebacker Lerentee McCray.
Elway: Broncos 'Do Look Good On Paper'John Elway says the Denver Broncos, still stinging from their playoff loss to the Baltimore Ravens in January, are primed for greatness in 2013 if they can just stay healthy and hungry.
With Receivers, Broncos Have A Nice Problem On Their HandsPrima donna wide receivers are all the rage in today's air-it-out NFL, demanding passes and attention, preening for crowds and cameras. Not in Denver.
Nuggets, Warriors Ready For Physical Game 6Denver Nuggets coach George Karl thought the reaction to his team's Game 5 win over the Warriors sounded like a "different movie than I'm watching." Golden State's Mark Jackson defended his accusations of dirty play Wednesday, and players on both sides practically promised more physicality.
Faried Leads Nuggets Past Warriors 107-100Kenneth Faried brought the energy and the Denver Nuggets rediscovered their toughness in time to stave off elimination Tuesday night with a 107-100 win over the Golden State Warriors.
Warriors Vs. Nuggets Preview: Faried To Start, Curry Hoping To PlayWhether the pain in Stephen Curry's sprained left ankle will subside enough for him to be on the court when the Golden State Warriors host the Denver Nuggets for Game 3 on Friday night is not something even the sharp-shooting point guard could say for sure.


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Music Tracks-Sound Design-SFX
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Audio Art Cafe/AAC Video Productions, located in Dallas/Fort Worth, is a full service, bi-lingual, audio and video, production agency.
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Our resident narrator/voice actor, Edgar Lloyd, is a top story teller at Audible.com, and has voiced many audio books, hundreds of commercials, and several documentaries. (Click "Voice Over Edgar Lloyd" for more info)
For great service, great prices, and a great product, contact us today...
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*Special thanks to all the video producers I've been fortunate enough to work with. Video footage used provided by: Ray Valadez, Two Trees Productions, IProduce Media, Reveal Productions, Time Warner Cable, Tim Perry, Todd Company, NEO FX, Manitoba Outdoors Productions, Attic Studios, Alley Cats Bowl.
**All Music written, and performed by - Jason LeBlanc
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Bus Accidents
Passenger carrying vehicles transport large numbers of passengers throughout Illinois and across the country. Whether they are publicly operated buses, private coaches or other types of commercial vehicles, passenger carrying automobiles are held to higher standards of responsibility and care than standard motor vehicles.
In fact, the U.S. Department of Transportation fields an organization known as the Federal Motor Carrier Safety Administration (FMCSA), which directly oversees and enforces the safety regulations surrounding large passenger carrying vehicles.
Just as with any motor vehicle on the road, buses and bus drivers are susceptible to error and acts of negligence. Unfortunately, these careless mistakes can result in accidents that injure or kill numerous victims. If you or a loved one has been injured in a bus accident, our personal injury legal team at Patel Law, PC has the experience and legal knowledge needed to file a successful claim and recover your compensation.
Should you choose to work with Patel Law, PC during your personal injury claim, you can take comfort knowing that our team will handle all of the difficulties and legal work while you and your loved ones focus on recovering from your injuries. You can also be confident knowing that we have an in-depth knowledge of the FMCSA laws that govern the passenger carrying vehicle industry. When investigating the cause of your bus accident and proving liability, we sift through all the possibilities that can establish negligence on behalf of bus companies or drivers. Companies and drivers can be held liable for the following situations:
- Vehicle code violations
- Overworked and tired drivers
- Distracted driving
- Drunk driving
- Improperly maintained buses
- Overloaded vehicles
Whatever arises during the course of investigating your bus accident, our team of Champaign personal injury lawyers has the creativity to tackle complications and resolve cases favorably. We offer free case evaluations and make ourselves available to clients 24 / 7. Patel Law, PC has proven that we fight vigorously for our clients, and that we know how to remain understanding and attentive to their needs. Contact our firm to work with local attorneys who can fight for you.


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The Baby Grocery Store offers healthy, non-GMO foods, along with natural and organic personal care products, cloth and biodegradable diapers, household items, and baby necessities.
Charlotte, NC (PRWEB) January 05, 2013
Darren Gann, President and CEO of The Baby Grocery Store, was interviewed on WBTV channel 3 news Saturday morning featuring some of his favorite eco-friendly products that the store carries.
Gann discussed the opening of the first The Baby Grocery Store, creating a unique one-stop shopping experience for parents. The Baby Grocery Store offers healthy, non-GMO foods, along with natural and organic personal care products, cloth and biodegradable diapers, household items, and baby necessities. The store is located at 10225 Park Rd. Charlotte, NC 28210.
Gann showcased products from Mixie Baby, Klean Kanteen, mimijumi, LLC, Wee Can Too Art Supply, GroVia, Swaddlebees & Blueberry Diapers, Eco Nuts, Oh Baby Foods, Bitsy's Brainfood, MySuperFoods and Little Duck Organics. You can see the full video here at http://www.wbtv.com.
With over 165 brands, The Baby Grocery Store offers a wide variety of organic and natural products that you won't find all together at any other store. They offer a convenient shopping experience by providing online shopping options, curb-side pickup, personal shoppers, plus you can check-out from anywhere in the store. The Baby Grocery Store focuses on the community and bringing people together with their spacious community room that can be reserved for free for baby showers, first birthday parties, classes, events, playgroups, and more.
About The Baby Grocery Store
The Baby Grocery Store has created a unique all-inclusive shopping experience that is revolutionizing how parents shop for baby essentials. They stock all-natural, organic and non GMO food products to satisfy even the pickiest eaters. Everyday necessities like diapers, wipes, and household items come from companies that care about minimizing their environmental impact and maximizing your child's health and safety. For online shopping, store events, and franchising opportunities, visit http://www.thebabygrocerystore.com or http://blog.thebabygrocerystore.com.


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American cartoonist Jim Davis said 'Vegetables are a must on a diet. I suggest carrot cake, zucchini bread, and pumpkin pie.' I remember this when I see carrots, zucchini, pumpkin and any cake. This recipe is for mini carrot cake made in a microwave. It also happens to be Egg free and can be veganized easily. The whole process takes about 10-12 mins including the preparation, baking and resting time. Eating time differs from person to person. It takes 2 mins for me to attack and devour!
Continue reading "Mini Microwave Carrot Cake (Egg free)"


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Dot-to-Dot Easter Bunny
Put a spring in this Easter bunny's step by having your child connect the dots and draw him. Plus she'll get important counting practice in—from one to eighty, that's just a few hops away from counting to 100!
Click to find similar content by grade or subject.


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Personal website About Dr. Ian J. Finnimore
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A true leader has the confidence to stand alone, the courage to make tough decisions, and the compassion to listen to the needs of others. He does not set out to be a leader, but becomes one by the equality of his actions and the integrity of his intent.
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Leadership and learning are indispensable to each other.
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Maintaining good oral hygiene is quite important. One of the ways through which you can achieve that is by brushing your teeth on a regular basis. The recommendation from dentists is to brush after every meal, or at least twice per day. You should also use the right toothpaste when brushing for maximum effectiveness.
Main considerations to make
There are many different types of toothpaste available on the market. This makes choosing the right one a bit of a challenge. Below are a few considerations to make, which will help you get the best one.
You should check the label of the toothpaste and read the ingredients used to make it. Ensure that it does not contain any ingredient that may potentially be harmful to you. Sodium laurel sulphate, for example, is present in some brands of toothpaste and is known to cause tissue sloughing for some individuals. You should also ensure that fluoride is among the ingredients, as it works quite well in the prevention of tooth decay. Other common ingredients found in toothpaste are xylitol, herbs, salts, and special formulations. Get toothpaste that has a combination of the ingredients that you feel are best for your oral care.
There are many different brands available. The best idea would be to go with a brand that is well known with a good reputation and has been in the market for many years. Having been on the market for many years mean that the brand has had more time to improve on the formulation used for the toothpaste. There are also higher chances that due to being stable in the industry, the brands now uses better technology in production, offering you even higher quality and more value for your money.
Toothpaste target
Most brands of toothpaste are diverting to specific targets as a way of setting themselves apart from the competition. You can now buy toothpaste to tackle a particular oral problem that you might be having. Examples include whitening toothpaste, anti-sensitivity toothpaste, and antibacterial toothpaste, for stained teeth, sensitive teeth, and bad breath respectively.
Price is another factor that you have to put into consideration. The prices for different brands vary by significant margins. Choose a brand that fits your budget. Be careful when choosing the ones that are too cheap as they might be a compromise on quality. You can also take advantage of sales discounts and other offers to get the best deal.


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Monday Minglers: 6:30 to 9:00 p.m. in my home in the Greenwood, MO area. Short mini-lesson ahead of the game on the first and third Mondays, if at least 8 people have signed up by the day before. Just supervised play on the other Mondays. You must sign up for this ahead of time. Cost is $5. Light snacks provided. I cancel via email notification by noon on Monday with fewer than 3 signed up. Next Monday Mingler: August 20
Call Kathy at 816-237-0519 or
email her to sign up and get directions if you need them.
Wednesday Wanna Play:
Wednesday 1st and 3rd Wednesdays 12:30 to 3 p.m. in my home in the Greenwood, MO area. Next Wednesday Wanna Play: August 15
Cost: $5 per person with light snacks provided.
You must register ahead of time by calling or email. I cancel by late Tuesday evening via email communication with fewer than 3 people signed up.


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Overall, employees review their satisfaction with Avfuel Corporation as 3.4 out of 5. Avfuel Corporation earns the highest marks for Manager Relationship with a score of 4.4 out of 5. Conversely, employees rate the company lowest for Fair Pay, giving it 1.0 out of 5 in this area. Our research shows that Company Outlook and Appreciation are the main drivers of employee satisfaction generally, suggesting that Avfuel Corporation, with scores of 3.6 and 4.4 respectively, should have higher overall employee satisfaction and lower rates of turnover. Learn More
7 Reasons Why Cultivating a Love of Learning Is Crucial to Your Career
Skills like organization, communication and the ability to work in teams are critical when it comes to fostering a successful career. However, these d...
4 Work-From-Home Jobs That Aren't Data Entry or Customer Service
Jobs that let you be creative or use an advan...
Is Your Work Cubicle the New Tiny House?
If you've been watching a lot of home improvement reality shows — no judgments here — you've probably exclaimed more than once...


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Adult Female
Name: unnamed
Species: Paxir Istiora
Birthday: Saturday, September 30, 2017
Owner: Morgaln
Despite its large size, an adult istiora is a gleaming, graceful creature, capable of leaping high above the waves and arrowing swiftly below them. They often travel great distances across all the oceans of the world, though they prefer to keep to deeper waters where they can easily hunt. Their large bills and their ability to create shockwaves easily enable them to slash through a school of fish, protect themselves from predators, or make their displeasure at being approached known. The ability to create a shockwave comes from the lightning that flashes around their bills but magi aren't entirely sure how they create it, or how they control its force. Much more research is needed to determine why paxir break apart ice floes when they reach northern waters, but a few magi simply think they do this because it entertains them to make a loud noise and destroy the floe.
Paxir istiora can be found in oceans all over the world, including the icy waters of the north, though they seem to prefer more temperate zones. Istiora are large, heavy creatures that can not only outgrow many boats, but also outswim them. For this reason - and because the oceans are so large - few magi have been able to study them extensively, and those that do encounter them on the open sea are often driven away by their ability to create a shockwave. Eggs are also well-hidden, but a handful of istiora have been raised by researchers, at least until they outgrow their pools and have to be released. Paxir istiora have been known to break apart ice floes with their shockwave ability, when they travel north; in warmer waters, they will occasionally break small fishing boats in order to steal the day's catch.
Sprite art: Tekla | Description: Sochitelya


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Juliette Lewis attended the 2013 AFI Fest premiere of 'August: Osage County', held at the TCL Chinese Theatre in Los Angeles, California last Friday.
While the actress's wild child reputation precedes her much of the time, there was no trace of it to be seen here.
She chose a burgundy Zac Posen Spring 2014 gown featuring spaghetti straps, delicate floral appliqué on the bodice, and a floor-length hemline that showed off a sliver of her Chelsea Paris 'Celina' heels.
To complete the look, her H. Stern triangle drop earrings and Jimmy Choo tube clutch were paired with blunt bangs, a swept-back updo, and a complementary shade of crimson lipstick.
Are you a fan of Juliette's "tamer" side?


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Inside Out: Looking at schizophrenias inner chaos
What's going on in the mind of a person with schizophrenia has been the subject of researchers for nearly a century. Some believe that the divergent thought processes at the heart of creativity are cousin to the delusions and hallucinations that characterize the disorder. Other, more fundamental thought processes are affected in schizophrenia, too, including some essential to navigating daily life. Surprisingly, perhaps, it is largely this cognitive impairment that prevents those with the disorder from participating in society.
Affecting around one percent of the population worldwide, schizophrenia does not discriminate by race, socioeconomic status, or intelligence. The illness typically surfaces in early adulthood, and may impact a person's ability to think clearly, manage emotions, and interact with others. Most people with the disorder suffer chronically or episodically throughout their lives, plagued by symptoms and medication side effects, as well as by stigma and the pain of lost opportunities for relationships and careers. One of every 10 people with schizophrenia eventually commits suicide.
Though its cause is still uncertain, most scientists in the field agree that schizophrenia is a problem with brain growth and development. Technological advances in neuroscience, genetics, and brain imaging are yielding convincing evidence of altered brain anatomy and chemistry.
Yet the picture of when and how neurological snarls occur remains vague: Is nascent brain circuitry affected in the womb or some time later along the developmental timeline? Genes are involved, but is the initiating event biological or environmental?
Of a split mind
Our understanding of schizophrenia has come a long way since German psychiatrist Emil Kraepelin first documented the disorder in the late 1800s. The symptoms are by now well characterized, yet misconceptions still abound. The Greek-derived name translates to "split mind," but the illness has nothing to do with split or multiple personality disorders. The "split" in this case refers to the inability to separate reality from delusion and the illogical from the reasonable.
A wide-ranging array of symptoms characterizes the illness, which profoundly disrupts cognition and emotion, affecting language, thought, perception, affect, and sense of self. Diagnosis encompasses a pattern of signs and symptoms—often including psychotic symptoms, such as hearing imagined voices or espousing false yet fervent personal beliefs—in conjunction with an impaired ability to participate socially or occupationally.
Schizophrenia can occur at any age, but it tends to first become evident between adolescence and young adulthood, somewhat earlier in men than in women but at about the same rate. Retrospective studies reveal signs of cognitive decline—a slide in grades or withdrawal from friends and family, for example—well before the first psychotic "break." The conditions necessary to produce such neurological havoc remain an enigma.
"That's why it's so difficult," says Pat R. Levitt, Ph.D., director of the Vanderbilt Kennedy Center for Research on Human Development. "It's a disorder that is complicated because it affects two major mental domains, because it is clearly multi-genic, and because it also has environmental contributors. And yet, out of all the psychiatric disorders that people work on, other than depression, it is the most prominent, affecting one in 100 people."
It has long been accepted that schizophrenia has a genetic component. The risk for inheriting the disorder is 10 percent in those who have one immediate, or first-degree, family member affected, and about 40 percent if the illness is shared by both parents or by an identical twin.
It's important to note, however, that the majority of people with schizophrenia have no close relatives who are affected, an indication that there are other factors at play. Epidemiological evidence suggests certain external circumstances, such as viral infection during pregnancy, insufficient prenatal nutrition, or a child's being born during the winter months or being born in an urban setting, may increase risk.
"This is not to say that you have a higher risk being born in a city hospital rather than in the country," says Levitt. "It's probably related to some increased incidence of something a mother is exposed to—infection or perinatal stress, for example—if pregnancy occurs in these different environments."
Stilling the tempest
Sorting out which behaviors in schizophrenia are linked to genetic changes in the brain, and how those changes impact neurological chemistry and circuitry, has proved challenging. One of the first clues about altered brain chemistry in schizophrenia came in the early 1950s with the introduction of the antipsychotic drug chlorpromazine (trade name Thorazine). Originally used as an antihistamine during surgical procedures, the drug's sedative properties inspired a psychiatrist to try it on agitated institutionalized mental patients.
Studies showed that many antipsychotic agents block dopamine receptors, suggesting that an excess of dopamine in the brain may be part of schizophrenia's pathophysiology. Dopamine's role in schizophrenia dominated the field for some time, and though other neurotransmitters—glutamate, GABA, acetylcholine, and serotonin, for example—have since been implicated in the disease process, the "dopamine hypothesis" continues to be a central focus.
"The evidence is that multiple brain chemical systems all come to bear on the synthesis, release, and inactivation of dopamine in various areas of the brain — too much in some, too little in others," says Dr. Herbert Y. Meltzer, Bixler/Johnson/Mays Professor of Psychiatry and director of the Division of Psychopharmacology at Vanderbilt.
"It's like the 'six degrees of separation' concept," he says. "You might start over here with glutamate or GABA, but sooner or later it's going to link up with dopamine as a key element in the final common pathway of the disordered brain function."
Meltzer has a history of contributions to the field of schizophrenia drug development, beginning with his efforts showing that clozapine—the first of the second-generation "atypical" antipsychotic drugs—effectively treats psychosis without producing Parkinsonism. Late last year, the FDA named clozapine the drug of choice to reduce suicidal behavior in schizophrenia, an endorsement due in large part to an international clinical trial led by Meltzer.
Using functional PET (positron emission tomography), a brain scanning technique, Meltzer and Dr. Robert M. Kessler, professor of Radiology and Radiological Sciences at Vanderbilt, have found that clozapine-like drugs produce a different pattern of dopamine receptor blockade in cortical and limbic ("emotional brain") areas. This finding provides evidence that the delusions and hallucinations may be the result of excessive dopamine in the limbic system, while the cognitive impairment may be due, in part, to too little dopamine in the cortex, he says.
During the course of his studies with clozapine, Meltzer and his colleagues found that the drug improved some elements of cognitive function in schizophrenia patients. Confirmation of this first evidence that an antipsychotic drug could improve cognitive impairment changed the focus of the search for better drugs for schizophrenia, making cognition a primary and separate target.
Meltzer's current research is designed to identify new treatments to further improve cognitive impairment in schizophrenia. Success, he believes, may lead to drugs to treat many forms of cognitive loss, including those due to aging and Alzheimer's disease.
A shift in focus
A look inside the brains of schizophrenia patients shows that the structure is not dramatically changed by the illness. One subtle change is the decreased size of the frontal lobe in schizophrenia patients. Since the frontal lobe is the seat of many of the brain's higher cognitive functions, it's been a logical destination for schizophrenia researchers in search of aberrations, including Sohee Park, Ph.D., professor of Psychology and Psychiatry at Vanderbilt.
Park's work draws on the contributions of the late Patricia Goldman-Rakic, Ph.D., a Yale University neuroscientist who pioneered current understanding of memory function and was the first to describe the order and structure of the frontal lobe.
When Park was working on her doctorate, Goldman-Rakic reported that monkeys with lesions in the frontal lobe were bad at tasks that required spatial working memory—the ability to remember the location of an object after a brief delay.
Park adapted Goldman-Rakic's work in the primate model, designing a spatial working memory test for humans.
Park used the test to study performance of schizophrenia patients versus normal individuals and patients with bipolar disorder, and found that only those with schizophrenia had problems with the task. She expanded her studies to people with schizotypal personality disorder, or schizotypy, a milder version of schizophrenia often seen in first-degree relatives.
"As might be predicted," Park says, "the performance of people with schizotypy falls in-between that of normal controls and people with the full-blown disorder."
Monitoring the brains of those performing the task using a special scanning technique called functional magnetic resonance imaging, or fMRI, Park found that normal individuals have increased activity in a specific region of the frontal lobe—the convex shaped area on either side of the head, just above the temple, known as the dorso-lateral prefrontal cortex.
Results in schizophrenia patients are very different. "In those with schizophrenia, you don't see increased activity in this part of the brain and you see a higher error rate," says Park. "But they don't get all the answers wrong, so it's not that the area isn't functioning at all."
In some studies, even when patients got the right answer, this part of the brain wasn't activated. This suggests that they don't seem to need that area to perform the task correctly, she adds.
"So the fMRI literature is in some sense murky right now, because we don't know what the activation really means in normal individuals versus schizophrenia patients," says Park. "Overall, it gives the idea that something is wrong with the way they use the brain, though we don't know yet exactly how."
Park is collaborating with Meltzer, using fMRI to look at how working memory is affected in schizophrenia patients treated with both an atypical antipsychotic and the drug buspirone, which specifically targets the brain's serotonin system. In addition, she is exploring the use of other brain imaging technologies with the help of John C. Gore, Ph.D., director of Vanderbilt's Institute of Imaging Science, and his colleagues.
Park expects that one method, near infrared optical imaging, may prove particularly helpful, since it provides the same kind of information that fMRI does, but has the advantage of allowing the patient to sit up and move more freely while being tested.
Neural circuitry and its genetics
Dr. David A. Lewis has spent years studying neural circuitry in the brain, specifically the prefrontal cortex and related brain regions, and how it is altered in schizophrenia. It was at the University of Pittsburgh where he is director of the Center for the Neuroscience of Mental Disorders, and where Levitt was chairman of the department of Neurobiology at the time, that the two first began their collaborative research into the genetic underpinnings of those alterations.
"David and I partnered with Karoly Mirnics, who was an M.D. neurophysiologist in my lab, and who was also fantastic with computers and data analysis," Levitt recalls. "We were the first group to use gene microarrays applied to a major brain disorder, and we focused on the dorso-lateral prefrontal cortex, the area that mediates working memory, which is disturbed in schizophrenia."
Gene microarray studies allow for simultaneous screening of thousands of genes to look for patterns of gene expression. The Pittsburgh group has published a series of papers demonstrating that expression of a certain class of genes—those encoding proteins that control synapse function—is deficient in schizophrenia. Some of these proteins have other roles in the body, but in the brain they play a critical role in the modulation of how neurons communicate with one another.
"We found that in one of those genes, rgs4, there are some polymorphisms — differences in gene sequences—that are found more prominently in people with schizophrenia than those without," says Levitt. "What we're trying to do now is to figure out whether the changes we see in our microarray studies are primary to the disorder or whether they actually reflect an adaptive state—an attempt by neurons to compensate for the principal defect."
"What's been striking to us is that the components of the prefrontal cortex that we knew were likely to be important for working memory activity appear to be those that are preferentially disturbed," adds Lewis. "And other components, which seem to be playing different roles in the prefrontal cortex, are relatively preserved."
Studies of brain tissue from schizophrenia patients show fewer neurons extending into the prefrontal cortex from the thalamus, a brain region that serves as a processing center for sensory impulses. In addition, communication among neurons is impaired, due to reduced synaptic connections and a lower density of dendritic spines, the nubs on neuronal cell bodies whose job it is to receive thalamic input.
Lewis' lab has discovered further surprising detail about the prefrontal cortex neurons: A subset that connects with a distinct population of inhibitory neurons has an altered receptor for GABA, the major inhibitory neurotransmitter in the brain. Lewis is designing a clinical trial to evaluate a new drug targeted at this altered receptor.
"To me, what is exciting is to start with very basic science—how the prefrontal cortex normally mediates working memory—then to go to the illness and ask what's wrong with that circuitry, and in the context of that find an alteration that might be druggable," he says. "We'll see in the initial clinical trial whether there's any evidence of cognitive improvement."
Translational research
This kind of systematic application of scientific method to the goal of drug discovery is an important aspect of what is called translational research, and it's the bailiwick of P. Jeffrey Conn, Ph.D., professor of Pharmacology and director of the Vanderbilt Program in Drug Discovery. Conn, who earned his doctorate in Pharmacology at Vanderbilt, was recruited in 2003 from Merck & Co., Inc., where he headed the company's schizophrenia drug development efforts.
Conn has been investigating the role of the neurotransmitter glutamate in schizophrenia. Glutamate is the "major workhorse in the brain, affecting virtually every circuit involved in any brain function," he says. Unfortunately, it's that broad functioning that makes the neurotransmitter such a difficult drug target — effects of a drug would be seen throughout the central nervous system. So when a new class of glutamate receptors, called the metabotropic glutamate (mGlu) receptors, was discovered, a door to more specific control opened.
"The evidence suggested that they could fine-tune activity in glutamate circuits," Conn explains. "So instead of hitting the circuit with a sledgehammer, it's a subtle modulation of activity in that circuit."
Because mGlu receptors are located on both sides of the synapse, they are involved in both sending and receiving messages. That renders them capable of serving as a sort of "dimmer switch," says Conn, dampening or enhancing transmission in specific brain circuits.
Conn and others are looking at compounds that target mGlu receptors as potential antipsychotic therapeutics. "The goal is to screen tens or hundreds of thousands of small molecules to find compounds that have these actions, to develop them to the point where we can show very specific effects on these glutamate circuits, and then test those compounds to see if they have the effect we predicted," he says.
Conn also is investigating the role of another neurotransmitter, acetylcholine, in schizophrenia.
Some compounds that target specific cholinergic receptors, including a drug under development by Eli Lilly and Co. to treat Alzheimer's disease, have been found to have both cognitive and antipsychotic effects.
"This is, I think, one of the most promising new directions in antipsychotic research," says Conn, "and it's probably one you haven't heard a lot about. But this psychosis-cognition interface is why those compounds may stand out in terms of potential anti-psychotic efficacy."
Conn, Meltzer and their colleagues, Dr. Junji Ichikawa and Zhu Li, Ph.D., in the Psychiatry Department are investigating whether the improvement of cognition by atypical antipsychotics may be related to their ability to trigger acetylcholine release. If so, the connection could lead to the next generation of "cognitive enhancers," says Meltzer.
Tracking inherited traits
The best chance at cracking schizophrenia's mysteries may lie not with the people who have it but with their relatives. A significant percentage of first-degree relatives display schizotypal behavior, exhibiting some number of traits common to the disorder—for example, verbal memory or difficulty tracking objects moving through space—but not the more disabling symptoms.
Rather than look for single genes, some researchers are bundling these traits, which they call endophenotypes, and are tracing their occurrence in families affected by the disorder.
The hope is that whatever genes are controlling these endophenotypic markers may lie in close proximity to a gene, or genes, that directly contributes to schizophrenia's pathophysiology. A similar strategy proved successful in colon cancer, where it was found that the disease is not inherited, but its endophenotype—the tendency to form polyps—is.
The third study, which began this year, is the effort of the seven-center Consortium on the Genetics of Schizophrenia (COGS), led by the University of California, San Diego. The five-year study will use both cognitive and neurophysiological tests to track six characteristic traits in more than 2,000 individuals, all schizophrenia patients or first-degree relatives.
Knowing the genes at the root of schizophrenia will be useful for designing targeted therapeutics, and may allow for early pharmacological intervention. It may even point the way to future gene therapy.
Yet when heading down such a path, we may want to tread lightly, suggests Park, whose lab is also exploring creative thought as an adaptive reason that the disorder is still in our midst.
"Once we identify a gene or genes, who's to say they might not also be responsible for divergent thinking and creativity," she says. "If we turn these genes off, are we going to remove those traits from the human race?"
View Related Article:
Creativity and madness: are they linked?


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Old Farmers Almanac
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Old Farmer's Almanac Still Embraces Ideals Of Original PublisherAs the last days of summer hang on, many are already thinking ahead to fall, and ultimately, the arrival of winter. Just in time, The Old Farmer's Almanac for 2016 is now available.
Old Farmer's Almanac Predicts Colder Winter, Hotter SummerThe Old Farmer's Almanac, the familiar, 223-year-old chronicler of climate, folksy advice and fun facts, is predicting a colder winter and warmer summer for much of the nation.
Old Farmers' Almanac Predicts Next Year's WeatherKDKA AM's Larry and John talk to the Old Farmers Alamanac editor Janice Stillman about what her almanac is predicting for the coming year's weather.


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MANATEE — The voices on the other end of the phone are hesitant, embarrassed. There are more of them, too. Many are men, recently laid off.
It is just one sign of the difficult times, say volunteers at Adopt-A-Family, the program that has provided gifts to lower-income families at Christmas for the past 26 years.
Mary Jane Shiplett, a volunteer for 14 years, has taken a number of those calls at the program's headquarters at 7455 15th St. E., Suite 111, Bradenton.
"If I ask, 'Are you employed?' there's a hesitancy," she said. "The ones who've been unemployed some time know the routine. But the new ones, they'll say, 'This is all new for me. I'm doing what I can, but I can't find a job.' I tell them, "We understand. That's why we're here.'"
Last year the organization took care of a record 1,600 families &mash; representing 4,500 children. They screened candidates for five weeks.
This year is expected to surpass that number, even though the screening period has been shortened to three weeks.
Read the complete story at bradenton.com


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IMF Probes Chief Over Tie to Worker
Inquiry Intensifies as Fund Battles Crisis
WASHINGTON -- The International Monetary Fund has launched an investigation into whether its chief, Dominique Strauss-Kahn, abused his position in connection with a sexual relationship with a subordinate, in a case that could roil a key global institution at a crucial moment in the world financial crisis.
The IMF said it has retained the firm of Morgan, Lewis & Bockius LLP to conduct the investigation, which is expected to be completed by the end of the month. The probe was sought by the longest-serving member of the IMF's...


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