text:
No. 97,872
1. The reference to "trial jury" in K.S.A. 21-4718 does not limit the ability of the State to only ask for upward durational departures where not guilty pleas were entered and a jury trial was held to determine guilt or innocence.
2. The aggravating factor, as set forth in K.S.A. 21-4716(c)(2)(D), of the existence of a fiduciary relationship between a defendant and a victim is not unconstitutionally vague or overbroad.
3. A fiduciary relationship existing between a defendant and his or her victim is a statutory factor that may be considered in sentencing.
4. A district court is not required to make a pretrial analysis of whether the existence of a fiduciary relationship is a proper sentencing factor to be submitted to a jury because it is one of the nonexhaustive statutory mitigating and aggravating factors listed in the sentencing guidelines.
5. Under the facts of this case, the district court did not abuse its discretion in admitting evidence of the sex acts between the defendant and the victim as evidence to establish a fiduciary relationship between the parties.
6. Under the facts of this case, the defendant's rights of confrontation under the Sixth Amendment to the United States Constitution were not violated because the victim was available for cross-examination in the proceedings below and there is case law indicating that confrontation requirements are not applicable to postconviction proceedings.
7. Under the facts of this case, because the evidence of the sex acts between the defendant and the victim was admitted to show the extent of the relationship between the parties, a cautionary instruction should have been given, but the district court's failure to do so was not clearly erroneous.
8. Under the facts of this case, when the evidence is examined in the light most favorable to the prosecution, the jury could have found the existence of a fiduciary relationship beyond a reasonable doubt and the motion for acquittal was properly overruled. The jury was properly instructed on the definition of fiduciary relationship, and there was sufficient competent evidence to support the jury's verdict.
9. In an upward durational departure sentence proceeding, evidence may be presented that the court deems relevant to determine if any specific factors exist that may serve to enhance the maximum sentence. In this case, there is no merit to the defendant's claim that he was denied the opportunity of presenting mitigating evidence because the defendant was given the right to do so and failed to present or proffer any such evidence.
10. Under the facts of this case, although the district court did not specifically state at the sentencing hearing that the evidence establishing the fiduciary relationship between the defendant and the victim was substantial and compelling, the sentencing hearing record shows the sentencing judge had a clear understanding of the statutory sentencing obligations involving multiple convictions and, the necessary factual findings by a unanimous jury beyond a reasonable doubt of a factor which would justify an upward durational departure.
Appeal from Johnson District Court; STEVE LEBEN, judge. Opinion filed November 7, 2008. Affirmed.
Jessica J. Travis, of Keck & Travis, LLC, of Olathe, for appellant.
Steven J. Obermeier, assistant district attorney, Phill Kline, district attorney, and Paul J. Morrison, attorney general, for appellee.
Before MALONE, P.J., BUSER, J., and LARSON, S.J.
LARSON, J.: This is the appeal of Jerry Allen Horn from the upward departure sentence entered after he pled guilty to seven sex crimes with a 10-year-old boy.
Horn's arguments revolve around the procedure involved in impaneling a jury to consider whether a fiduciary relationship existed between Horn and the victim as an aggravating factor to justify an upward durational departure sentence.
The record reflects that Horn was charged with three counts of aggravated criminal sodomy with a child under the age of 14 years, a level 1 person felony in violation of K.S.A. 21-3506; three counts of aggravated indecent liberties with a child under the age of 14 years, a level 3 person felony in violation of K.S.A. 21-3504; and one count of sexual exploitation of a child, a level 5 person felony in violation of K.S.A. 21-3516. At his arraignment, Horn pled not guilty.
Horn moved to suppress the confession that he had given to a detective of the Lenexa Police Department, contending it was the result of mentally coercive tactics. Prior to trial, the State filed a notice of its intent to ask for an upward durational departure sentence based on the aggravating factor that the offenses involved a fiduciary relationship between Horn and the victim.
On the morning of trial, with a jury waiting to be called, Horn changed his plea from not guilty to guilty. There was no plea agreement. In great detail and at great length, the district court questioned Horn as to his wishes and concluded Horn was knowingly and voluntarily entering a plea of guilty to all seven charges.
The record reflects Horn understood that if a departure was granted, the sentence could be 492 months in prison. Horn was 68 years old and had an undergraduate degree in electrical engineering. He understood that by his guilty plea he was admitting that he committed the acts set forth in the amended complaint. The State provided a factual basis for the pleas. Horn agreed with the factual basis. Horn had no questions prior to the court's acceptance of his guilty pleas.
The district court then considered the State's motion for an upward durational departure sentence based on the existence of a fiduciary relationship between Horn and the victim, 10-year-old C.T.P. Both counsel discussed with the court the necessity of having the claimed upward departure factor determined by a jury but also agreed that Horn could waive a jury trial. Defense counsel stated they were prepared for a departure hearing before a jury.
The prosecution and defense argued about whether the evidence of the sexual activity between Horn and C.T.P. could come into the hearing or whether it was so prejudicial that the evidentiary value was outweighed. The district court considered the discussion an additional motion in limine to exclude the evidence and then denied the motion. The court decided the jury was entitled to know that the defendant had pled guilty to certain crimes, stating one could not divide out that part of the relationship between Horn and C.T.P.
A jury was selected, and the court gave preliminary instructions which set forth the elements of the crimes pled to, a definition of "fiduciary relationship," and the normal and usual instructions given requiring proof beyond a reasonable doubt and a unanimous verdict.
Witnesses testifying before the jury consisted of a teacher who had received a note from C.T.P. complaining of bad touches, C.T.P.'s mother, C.T.P., an interview specialist who had interviewed C.T.P. and authenticated the tape of that interview, which was played before the jury, C.T.P.'s father, and a detective who had interviewed C.T.P. and his mother and had taken pictures of the inside of Horn's apartment which were admitted into evidence.
C.T.P.'s mother testified to the outstanding relationship the family had with Horn, who had become more than a friend but like a family member. He was at their home on weekends and took the boys (C.T.P. and his twin brother) to music lessons, home from church, go-carting, waterskiing, to the lake, to camp outs, and to his home for overnights. Horn took the boys flying in a small plane, and on Saturdays went out for lunch and played games like laser tag and paintball. Horn became a part of the family and at one point, said he had spent about $3,000 entertaining the boys. C.T.P. always had extra money, which he said came from Horn.
C.T.P. testified as to his involvement with Horn, and this testimony was much like his mother's. He did not testify as to any of the sex crimes forming the basis for the complaint and plea of guilty.
The interview specialist testified her interview with C.T.P. was recorded, and the State sought to admit it into evidence. The defense renewed its pre-evidence objection to any evidence of the sexual activity, argued the evidence was cumulative, and did not address the fiduciary relationship. The court overruled the objections, finding that the "sexual conduct is clearly relevant to this proceeding." The video was admitted and viewed by the jury.
C.T.P.'s father testified to essentially the same information as his wife concerning the family's relationship with Horn. He said he had expected Horn to exercise a normal duty of care to protect others but admitted there was no formal or written agreement regarding medical treatment or care of the boys.
The police officer testified he interviewed C.T.P. and was present at the investigator's interview. He authenticated photographs of Horn's apartment, including rockets, guns, a ferret, and photographs of the boys. The officer also interviewed Horn, and over defense objections a video of that interview was admitted into evidence and shown to the jury.
After the State rested, the defense moved for acquittal, or more accurately, presented a motion contending the State had failed to establish a prima facie case showing a fiduciary relationship. The motion was denied.
Horn did not present any evidence or testimony, although he was in no manner prevented from doing so.
The parties had a jury instruction conference, and Horn objected to an instruction defining fiduciary relationship to which the district court added a sentence. This will be discussed in more detail as an issue in this appeal.
The jury was instructed, counsel for both parties argued, and the matter was submitted to the jury. The jury returned a verdict finding that a fiduciary relationship was established on each count of aggravated sodomy and aggravated indecent liberties.
At sentencing, the court heard testimony from Horn's pastor, Horn's two daughters, and the victim's parents. The court imposed a sentence of 234 months, double the standard (mid-box) sentence, on each of the three counts of aggravated sodomy, and 59 months, again double the standard sentence, on each of the three counts of aggravated indecent liberties. The sentences were imposed consecutive to each other and totaled 1,088 months, but pursuant to K.S.A. 21-4720, Horn received the maximum sentence under the law of 468 months (double the base sentence).
The court discussed all the evidence before it as justifying the sentence but did not make a specific statement that the departure factor was substantial and compelling.
Horn has filed a timely appeal raising a multitude of issues which we will consider as raised.
Horn first argues it was error to impanel a jury to consider the existence of an upward departure factor because there is no statutory authority for such action when a defendant enters a plea.
Horn additionally contends that in the absence of specific statutory authority, impaneling the jury violated the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution and §§ 5 and 10 of the Kansas Constitution Bill of Rights.
Horn did not raise any constitutional issues before the district court. Constitutional grounds for reversal asserted for the first time on appeal are not properly before the appellate court for review. State v. Alger, 282 Kan. 297, 304, 145 P.3d 12 (2006). Horn recognizes that he did not raise this issue below but argues consideration of the issue is properly based on the exception that consideration of the theory is necessary to serve the ends of justice and to prevent denial of fundamental rights. See State v. Shopteese, 283 Kan. 331, 339, 153 P.3d 1208 (2007). This is the case with several other constitutional issues first raised on appeal, which we will reach to protect Horn's fundamental rights.
The history of the right to have juries consider any fact that increases a criminal penalty beyond the statutory maximum is well-known. It originated in Apprendi v. New Jersey, 530 U.S. 466, 490, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), and was followed in Kansas by State v. Gould, 271 Kan. 394, 413, 23 P.3d 801 (2001), where K.S.A. 2000 Supp. 21-4716 was struck down for allowing upward departure criminal sentences based only on a judge finding one or more aggravating factors by a preponderance of the evidence. This was followed in 2002 by amendment of K.S.A. 21-4716 and K.S.A. 21-4718 (L. 2002, ch. 170, secs. 1 and 2) by the Kansas Legislature to provide direction and procedure for jury trials convened to consider upward departure requests which must be proven beyond a reasonable doubt.
Horn first contends that the reference to a jury in the departure hearing statutes is to the "trial jury," which he translates into an argument that only the "trial jury" can hear an upward departure question and its corollary conclusion that a defendant is not subject to an upward departure when a defendant enters a guilty plea because the statute does not cover such a situation. We do not agree.
This issue and many of the issues in this appeal require us to interpret a statute, which is a question of law over which we have unlimited review. See State v. Bryan, 281 Kan. 157, 159, 130 P.3d 85 (2006). In reviewing the language added by the legislature in order to comply with Apprendi and Gould, we apply various rules of statutory construction which are hereinafter stated.
An appellate court's first task is to "ascertain the legislature's intent through the statutory language it employs, giving ordinary words their ordinary meaning." State v. Stallings, 284 Kan. 741, 742, 163 P.3d 1232 (2007). When construing statutes to determine legislative intent, appellate courts must consider various provisions of an act in pari materia, with a view of bringing the provisions into workable harmony if possible. State v. Breedlove, 285 Kan. 1006, 1015, 179 P.3d 1115 (2008). As a general rule, courts presume that the legislature does not intend to enact useless or meaningless legislation. Hawley v. Kansas Dept. of Agriculture, 281 Kan. 603, 631, 132 P.3d 870 (2006).
The direction to provide the guarantees required by Apprendi are found in K.S.A. 21-4716(b), which states: "Subject to the provisions of subsection (b) of K.S.A. 21-4718, and amendments thereto, any fact that would increase the penalty for a crime beyond the statutory maximum, other than a prior conviction, shall be submitted to a jury and proved beyond a reasonable doubt."
The procedure to be followed is set forth in K.S.A. 21-4718(b)(2)-(7) which was added to the existing statute by the 2002 Kansas Legislature.
K.S.A. 21-4718(b)(2) states that in considering the imposition of an upward departure sentence:
"The court shall determine if the presentation of any evidence regarding the alleged fact or factors that may increase the penalty for a crime beyond the statutory maximum, other than a prior conviction, shall be presented to a jury and proved beyond a reasonable doubt during the trial of the matter or following the determination of the defendant's innocence or guilt." (Emphasis added.)
We do not see how the italicized wording can apply only where guilt is determined by a trial. It is equally applicable where guilt is determined based on a plea.
K.S.A. 21-4718(b)(4) specifically provides that the jury in an upward departure sentence proceeding may be waived. If it is, the upward departure sentence proceeding is to be conducted by the court.
The court has the right, in the interest of justice, to determine that a separate departure sentence proceeding is to be held. K.S.A. 21-4718(b)(4). The evidence to be considered must be relevant, and only evidence known to the defendant prior to the upward departure sentence proceeding is admissible. K.S.A. 21-4718(b)(5). K.S.A. 21-4718(b)(6) requires the court to provide the jury with oral and written instructions to guide its deliberations. The requirement for a unanimous vote finding existence of a factor beyond a reasonable doubt is set forth in K.S.A. 21-4718(b)(7).
We do not find Horn's argument that the holding in State v. Kessler, 276 Kan. 202, 73 P.3d 761 (2003), requires us to find the district court erred in impaneling a jury to be persuasive. Kessler was a case tried in district court between the date Gould was decided and prior to the legislature enacting the amendments which we have previously referred to in this opinion. The Kessler court held that although the district court had held a separate hearing to obtain a jury determination of the aggravating factors beyond a reasonable doubt, there was no existing statutory authority for an upward durational departure sentence which required the sentence to be vacated because the court had no authority to enter such a sentence. 276 Kan. at 217.
In our case, there is valid legislative authority for the district court's actions, which did not exist in Kessler. Kessler does not require the district court's actions to be reversed.
When we read all of the provisions added by the 2002 Kansas Legislature which are now found in K.S.A. 21-4716 and K.S.A. 21-4718, it is apparent that the reference to "trial jury" in K.S.A. 27-4718 was not intended to limit the ability of the State to ask for upward durational departures only to situations where not guilty pleas were entered and a jury trial was held to determine guilt or innocence. Horn's due process rights were protected by the district court, and the consideration of the upward departure factor reached by a unanimous jury by applying a beyond a reasonable doubt standard is constitutionally valid under both Apprendi and Gould.
On this issue, we finally point to the decision of State v. Cody, 272 Kan. 564, 35 P.3d 800 (2001), where Cody pled guilty to criminal charges, and the court imposed an upward departure sentence based on Cody's admissions, rather than based on facts found beyond a reasonable doubt by a unanimous jury. In reversing the sentence, the Cody court held that under Apprendi, a plea of guilty to the elements of a criminal offense does not constitute either an admission or a waiver of his or her due process rights. 272 Kan. 564, Syl. ¶ 1; see State v. Kneil, 272 Kan. 567, 35 P.3d 797 (2001).
Horn's due process rights were recognized and protected by the procedure followed in this case. All applicable issues were considered by the jury, and the court had valid authority to enter the upward durational departure sentence in this case.
Horn next makes three related arguments concerning the use of the existence of a fiduciary relationship as an aggravating factor in entering an upward durational departure sentence.
The first is that the aggravating factor of the existence of a fiduciary relationship is unconstitutionally vague and overbroad because it is undefined, fails to give notice, and encompasses a wide scope of individuals. As with Horn's first issue, it is questionable if it was raised below. Although he admits the magic words "vague and overbroad" may not have been used, he contends that he raised the issue when he argued that the Kansas Supreme Court had not defined "fiduciary relationship."
Despite the paucity of authority and argument made below and on appeal, we consider this issue as a part of our obligation to protect Horn's fundamental rights. The question of whether a statute is constitutional is a question of law over which an appellate court has unlimited review. The constitutionality of a statute is presumed. All doubts must be resolved in favor of its validity, and before the act may be struck down, it must clearly appear that it violates the Constitution. In determining constitutionality, it is a court's duty to uphold a statute under attack rather than defeat it. If there is any reasonable way to construe the statute as constitutionally valid, unless its infringement of the superior law is clear beyond a reasonable doubt, it should be upheld. City of Wichita v. Hackett, 275 Kan. 848, 853, 69 P.3d 621 (2003); State v. Whitesell, 270 Kan. 259, Syl. ¶ 1, 13 P.3d 887 (2000).
Under K.S.A. 21-4716(c)(2), there is a nonexclusive list of aggravating factors that the district court can rely on as compelling reasons for an upward departure sentence. Among these factors is: "The offense involved a fiduciary relationship which existed between the defendant and the victim." K.S.A. 21-4716(c)(2)(D).
A two-part test is used to determine whether a statute is unconstitutionally vague. First, we consider whether the statute conveys a sufficiently definite warning of the proscribed conduct when measured by common understanding and practice. Second, we consider whether the statute adequately guards against arbitrary and discriminatory enforcement, which embodies the requirement that a legislature establishes minimal guidelines to govern law enforcement. State v. Rupnick, 280 Kan. 720, 737, 125 P.3d 541 (2005).
A statute is not invalid for vagueness or uncertainty where it uses words of commonly understood meaning. State v. Rose, 234 Kan. 1044, 1046, 677 P.2d 1011 (1984). The heart of the test for vagueness is a commonsense determination of fundamental fairness. Hearn v. City of Overland Park, 244 Kan. 638, 642, 772 P.2d 758, cert. denied 493 U.S. 976 (1989).
There have been a few Kansas cases that have applied the fiduciary relationship as an aggravating factor. See, e.g., State v. Martin, 285 Kan. 735, 175 P.3d 832 (2008) (fiduciary relationship between mother and 16-year-old son, she handed a loaded gun and urged him to shoot at an occupied house, which he did, as she drove by); State v. Ippert, 268 Kan. 254, 995 P.2d 858 (2000) (defendant father victimized his children who were dependent on him for support and protection); State v. Sprinkle, 31 Kan. App. 2d 45, 48, 59 P.3d 1039 (2002), rev. denied 275 Kan. 968 (2003) (no fiduciary relationship between police officer convicted of nonresidential burglary and victim because there was no direct, personal relationship of some duration with the victim that would have led to a relationship of trust).
The Kansas Supreme Court cited Ippert in Gould in recognizing a fiduciary relationship may be a factor for supporting an upward departure. Gould, 271 Kan. at 413. Justice Abbott in his Gould dissent recognized the validity of a fiduciary relationship when he wrote:
"We have defined 'fiduciary relationship' as follows:
'"The term 'fiduciary relationship' refers to any relationship of blood, business, friendship, or association in which one of the parties places special trust and confidence in the other. It exists in cases where there has been a special confidence placed in one who, in equity and good conscience, is bound to act in good faith and with due regard to the interest of the one placing the confidence. A fiduciary has the duty to act in good faith.' Hawkinson v. Bennett, 265 Kan. 564, Syl. ¶ 4, 962 P.2d 445 (1998)." 271 Kan. at 415.
The existence or absence of a fiduciary relationship is to be determined on a case-by-case basis as is shown by the results in Ippert, Martin, and Sprinkle. The term "fiduciary relationship" is not vague or overbroad. Properly instructed, a jury of persons of common intelligence can determine whether a fiduciary relationship exists under the facts in a given case.
K.S.A. 21-4716(c)(2)(D) is not unconstitutionally vague or overbroad.
Horn next argues that the existence of a fiduciary relationship is not an appropriate factor for crimes of aggravated indecent liberties and aggravated sodomy. He claims this results in lesser sentences in cases of stranger molestation than might be entered in family molestation cases.
This is an argument to be presented to the legislature and not to this court. In effect, he asks us not to follow Ippert, which we have no right or authority to do unless there is an indication our Supreme Court is departing from its position. See State v. Singleton, 33 Kan. App. 2d 478, 488, 104 P.3d 424 (2005). As Ippert said: "A fiduciary relationship existing between the defendant and the victim is a statutory factor that may be considered when sentencing any person, including a parent, under the provision of [the aggravated indecent liberties statute]." (Emphasis added.) 268 Kan. 254, Syl. ¶ 5.
Finally, Horn argues the district court failed to consider whether the existence of a fiduciary relationship was a proper factor to consider in this case. Horn suggests there should have been a pretrial hearing to determine if the fiduciary relationship factor should be utilized.
This argument was not made below, and we are obligated to presume that sufficient findings were made to support the court's actions. See Dragon v. Vanguard Industries, 282 Kan. 349, 356, 144 P.3d 1279 (2006). The trial judge gave the matter proper consideration and stated: "I can't decide whether there is a fiduciary relationship as a matter of law," having heard no evidence on the issue. The judge correctly ruled it was a matter to be considered by a jury as is mandated by Apprendi and Gould.
The district court is not required to make a pretrial analysis of whether a fiduciary relationship is a proper factor to be presented to the jury. It is one of the nonexhaustive mitigating and aggravating factors listed in the sentencing guidelines, which is sufficient. See K.S.A. 21-4716(c)(1)-(2).
Next, Horn argues the district court abused its discretion in admitting evidence of the sex crimes he perpetrated upon and committed with C.T.P. He argues this evidence should have been prohibited or tightly limited during the sentencing proceedings. Horn maintains the evidence of the sex acts was highly prejudicial because of the extreme danger that a jury will lower its burden of proof or wish to increase the sentence based on the nature of the crimes instead of focusing on the existence of the aggravating factor.
When reviewing a trial court's decision to admit evidence, an appellate court first determines whether the evidence is relevant. Once relevance is established, an appellate court must apply the evidentiary rules governing the admission and exclusion of evidence as a matter of law or in the exercise of the trial court's discretion, depending on the contours of the evidentiary rule question. When the issue involves the adequacy of the legal basis for the trial court's decision, the issue is reviewed using a de novo standard. State v. Gunby, 282 Kan. 39, 47-48, 144 P.3d 647 (2006). Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable. If reasonable persons could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion. State v. Reed, 282 Kan. 272, 280, 144 P.3d 677 (2006).
All relevant evidence is admissible. K.S.A. 60-407(f). "Evidence is relevant if it has any tendency in reason to prove any material fact. K.S.A. 60-401(b). To establish relevance, there must be some material or logical connection between the asserted facts and the inference or result they are intended to establish. [Citation omitted.]" Gunby, 282 Kan. at 47. The party asserting the trial court abused its discretion bears the burden of showing such abuse. State v. Edgar, 281 Kan. 30, 38, 127 P.3d 986 (2006).
Admitting evidence of the sex acts, which became a part of the relationship between Horn and his victim, is not like admitting prior crime evidence to show a propensity to commit the crime currently charged.
In this case, evidence of Horn's sex acts with C.T.P. is relevant to the issue of whether there was a fiduciary relationship because they tend to show the extent of the relationship. The sex acts tend to prove material facts relevant to the fiduciary relationship. See K.S.A. 60-401(b). The sexual interaction is relevant as a large component of the lengthy relationship. The district court correctly analyzed the issue when it said: "Because I don't believe you can separate the relationship generally from the fiduciary duty that is a part of the relationship. I don't think you can eliminate all evidence of a sexual relationship."
The district court did not abuse its discretion in admitting evidence of the sex acts between Horn and C.T.P. as evidence supporting the establishment of a fiduciary relationship between the parties.
Horn next argues, for the first time on appeal, that his rights of confrontation under the Sixth Amendment to the United States Constitution were violated when the district court allowed the video of C.T.P.'s statements to be played when C.T.P. had not testified about the crimes at the sentencing hearing. C.T.P. did testify at the departure hearing about his relationship with Horn, but he did not testify concerning any of the specific sexual activity.
When the prosecutor moved to admit the videotape of the statements C.T.P. made to Jennifer Coughlin, an interview specialist at the Sunflower House, defense counsel objected. But, the objections were that the sexual activity was not relevant, it was cumulative, and there were no statements on the tape that in any way touched on any fiduciary issue. The district court overruled the objection, finding the evidence of sexual conduct was relevant to the proceeding.
Horn recognizes the State is correct in pointing out that our long-time rule is that a party may not object to evidence on one ground at trial and on a different ground on appeal. See State v. Engelhardt, 280 Kan. 113, 127, 119 P.3d 1148 (2005). While we are not obligated to address this issue, we do so briefly because it has no merit.
The State makes two convincing arguments why there is no Confrontation Clause violation here. First, there is case law that the Crawford v. Washington, 541 U.S. 36, 53-54, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004), confrontation requirements are not applicable to postconviction proceedings. See United States v. Luciano, 414 F.3d 174, 178-79 (1st Cir. 2005); United States v. Rondeau, 430 F.3d 44, 47 (1st Cir. 2005).
Even more important is the fact that C.T.P. testified at the departure hearing. He was cross-examined by defense counsel. Even after the video was admitted, defense counsel had the opportunity of cross-examining C.T.P. if he desired to do so.
Horn was given adequate opportunity to confront C.T.P. under the Confrontation Clause. He chose to avoid what might have been an uncomfortable or unproductive confrontation with C.T.P. "A litigant may not invite and lead a trial court into error and then complain of the trial court's action on appeal. [Citation omitted.]" State v. Kirtdoll, 281 Kan. 1138, 1150, 136 P.3d 417 (2006).
There is no Sixth Amendment violation here.
Horn next makes several arguments concerning the jury instructions given by the court. He principally argues his due process rights were violated by the fact that the jury instructions failed to guide and focus the jury on the aggravating factor instead of distracting them with irrelevant issues regarding guilt.
When a defendant objects to instructions, our court is required to consider the instructions as a whole and not isolate any one instruction. Even if erroneous in some way, instructions are not reversible error if they properly and fairly state the law as applied to the facts of the case and could not have reasonably misled the jury. Edgar, 281 Kan. at 54.
Horn raised a specific objection to instruction No. 11, and after hearing his arguments, the court added the last sentence to the definition of fiduciary relationship, which as given stated:
"A fiduciary relationship is a relationship of blood, business, friendship, or association in which one party places special trust or confidence in the other. It exists where there has been a special confidence placed in one who, in equity and good conscience, is bound to act in good faith and with due regard to the interest of the one placing the confidence.
"The mere fact that an adult is interacting with a child, by itself, does not create a fiduciary relationship. Something more, in which special trust or confidence is placed in the fiduciary, is required.
"A fiduciary has a duty to act primarily for the benefit of the other person, who has placed his or her special confidence in the fiduciary. A fiduciary relationship implies a condition or superiority of one of the parties (the fiduciary) over the other. Generally, in a fiduciary relationship, the property, interest, or authority of the other person is placed in the charge of the fiduciary. In addition, as a general rule, a fiduciary relationship is established only when it is shown that the confidence placed by one person in another actually was accepted by that party; merely placing confidence in another does not, by itself, create a fiduciary relationship."
Horn attempts to remake his vagueness argument, which we have previously rejected. He suggests the instruction should have said "mere friendship or respect does not create a fiduciary relationship." There is no pattern instruction covering fiduciary relationship, but the instruction given adopts language from Hawkinson v. Bennett, 265 Kan. 564, Syl. ¶ 4, 962 P.2d 445 (1998), which we have previously cited, and provides sufficient guidelines which the jury in this case could utilize in deciding the issues that were raised.
Additionally on appeal, Horn argues that jury instruction No. 10 did not advise the jury that the severity level of the crime was already taken into account in determining the presumptive sentence. He also argues the jury instructions setting forth the elements of all the crimes, instruction Nos. 14-21 were just another opportunity for the State to parade the sex acts before the jury and distract it from focusing on the fiduciary relationship and not the elements of guilt. Horn did not object to the instructions now complained of on appeal.
Therefore, our review of these instructions is limited to determining whether the challenged instructions are clearly erroneous. State v. White, 284 Kan. 333, 346, 161 P.3d 208 (2007). We are to find instructions clearly erroneous only if we are firmly convinced there is a real possibility the jury would have rendered a different verdict without the error. State v. Hoge, 276 Kan. 801, 817, 80 P.3d 52 (2003).
Instruction No. 10 stated:
"If you unanimously find beyond a reasonable doubt that one or more of the offenses involved a fiduciary relationship between the defendant and the victim, then the Court may increase the defendant's sentence for that offense above the presumptive sentence otherwise provided by law. The length of the defendant's sentence, including any increase due to the existence of a fiduciary relationship, is a matter for determination by the Court.
"If you are unable to agree that one or more offenses involved a fiduciary relationship between the defendant and the victim, then the defendant will receive the presumptive sentence provided by law for that offense or those offenses."
Jury instruction No. 10 mirrors PIK Crim. 3d 71.04, and the Notes on Use that follow 71.04 state that this instruction should be given in all upward departure cases. We hold it is not clearly erroneous. Jury instruction Nos. 14-21 set forth the elements of the crimes of conviction and are also not clearly erroneous. There is no merit in Horn's arguments concerning these instructions.
There is merit in Horn's argument that the district court erred in failing to give a cautionary instruction that the evidence of guilt of the sex crimes may be used only in considering whether the prosecution established beyond a reasonable doubt that a fiduciary relationship existed. Horn recognizes no such instruction was requested but suggests this argument should be reached to serve the ends of justice and prevent a denial of fundamental rights.
Although Horn does not argue that we should consider this issue under a clearly erroneous standard, the State says the failure is not clearly erroneous and points us to K.S.A. 2006 Supp. 21-4718(b)(7), which states that even if the jury found an aggravating factor, the sentencing court is not required to impose an upward durational departure.
Horn argues that the case at hand presents legal issues of first impression and the cautionary instruction is necessary to focus the jury on the aggravating factor only–not on the crime. We agree this is an important issue that we must consider on appeal.
Horn argues this situation is like a case where the trial court has admitted prior crimes evidence pursuant to K.S.A. 60-455, which requires a limiting instruction following PIK Crim. 3d 52.06 to be given. See State v. Garcia, 285 Kan. 1, 12, 169 P.3d 1069 (2007) (citing Gunby, 282 Kan. at 48, 56-57). As the court in Gunby explained: "These safeguards are designed to eliminate the danger that the evidence will be considered to prove the defendant's mere propensity to commit the charged crime." 282 Kan. at 48. To paraphrase this holding, an instruction is necessary to eliminate the danger that the evidence of the crime will be used to prove the existence of any aggravating factor.
However, the mere assumption that a cautionary instruction is required fails to recognize the fundamental difference between testimony which relates directly to the relationship between the defendant and the victim and K.S.A. 60-455 evidence that relates to crimes or bad acts committed by the defendant against third parties. We recognize this clear difference between evidence of the direct relationship between Horn and C.T.P. and what might have been offered under one of the K.S.A. 60-455 exceptions as a valid argument for a holding that no cautionary instruction was required.
Such a result is highly unsatisfactory, as Horn's defense counsel attempted at every instance to restrict the use of evidence of the crimes perpetrated against C.T.P. The request of a cautionary instruction may even have been thought to be an admission of admissibility of evidence that was claimed not to be relevant and unduly prejudicial.
In this case, there was not minimal mention of the sex acts and their existence was part of the prosecutor's final arguments. We have held that admission of the evidence of the sexual conduct was proper and consistent with that holding. We also hold that under the facts of this case, a cautionary instruction should have been given. Such an instruction may not be required under different evidence and facts. But, having held that a limiting instruction should have been given in this case does not mean that reversal of the district court is required.
As we have earlier stated, appellate review of the failure to give an instruction which is not submitted or objected to must be considered under a clearly erroneous standard. Instruction errors are clearly erroneous only if the reviewing court is firmly convinced that there was a real possibility that the jury would have rendered a different verdict if the instruction error had not occurred. State v. Hunt, 285 Kan. 855, Syl. ¶ 7, 176 P.3d 183 (2008).
If we were to treat this error in the same manner as the failure to give a limiting instruction under K.S.A. 60-455, we reach the same standard of requiring reversal only if clearly erroneous. See Gunby, 282 Kan. at 57-59 (explaining the death of the automatic reversal requirement and the adoption of a clearly erroneous standard).
Under the facts of this case, we fail to see how there is a real possibility that the jury would have reached a different verdict if the purported instruction error, i.e. the lack of a limiting instruction, had not occurred. See State v. Cooperwood, 282 Kan. 572, 580-82, 147 P.3d 125 (2006) (example of such an analysis relating to the failure to give PIK Crim. 3d 52.08). The extent of Horn's involvement with C.T.P.'s family and his individual interaction with C.T.P. was overwhelming. The trial court's failure to give a cautionary instruction was not clearly erroneous.
Horn next argues the district court erred in denying his motion for judgment of acquittal and the companion argument in a later issue that there was not sufficient evidence of a substantial and compelling nature to support the verdict finding the existence of a fiduciary relationship.
In reviewing the decision on a motion for a judgment of acquittal, an appellate court examines the sufficiency of the evidence to support the conviction. In a criminal case, the standard for determining sufficiency of the evidence is whether, after review of all the evidence, viewed in a light most favorable to the State, the appellate court is convinced a rational factfinder could have found the defendant guilty beyond a reasonable doubt. State v. Cavaness, 278 Kan. 469, 479, 101 P.3d 717 (2004).
The same principles apply under a sufficiency analysis for review of an aggravated departure sentence. Upon a challenge to a departure sentence, an appellate court applies a mixed standard of review. A reviewing court first examines the record to see whether there is substantial competent evidence to support the district court's articulated reasons for granting a sentencing departure. The appellate court then determines, as a matter of law, whether the district court's reasons for departure constitute substantial and compelling reasons justifying a deviation from a presumptive sentence. State v. Murphy, 270 Kan. 804, 806, 19 P.3d 80 (2001).
Horn argues the facts in this case never elevated him to a position beyond a normal duty of care from one person to another. He points to the lack of any formal agreement as to his care of the boys, lack of authority to discipline, and lack of authority regarding what to do in an emergency.
When we examine all the evidence in the light most favorable to the prosecution, we hold that a jury could find the existence of a fiduciary relationship beyond a reasonable doubt, and so the motion for acquittal was properly overruled.
The evidence showed Horn was accepted into C.T.P.'s family and was generous to the boys. He was regularly entrusted with their care over long periods of time, including overnight during the summer and weekends. He took C.T.P. race car driving, rock climbing, to music lessons, to church, and taught him to ski. C.T.P.'s mother testified that Horn "became like a member of the family." There was sufficient competent evidence to support the trial court's decision and the jury's verdict.
The next argument Horn makes is that the district court erred in not requiring mitigating evidence to be submitted along with aggravating evidence, which he claims violated his fundamental rights of due process and equal protection.
This argument was not raised below, and constitutional grounds for reversal are not properly before us for review. State v. Alger, 282 Kan. 297, 304, 145 P.3d 12 (2006). However, we consider this argument because there is nothing in the record indicating that Horn was denied the opportunity to present any evidence he wished to present.
K.S.A. 21-4718(b)(5) provides: "In the upward durational departure sentence proceeding, evidence may be presented concerning any matter that the court deems relevant to the question of determining if any specific factors exist that may serve to enhance the maximum sentence." Horn did not present any mitigating evidence for consideration by the jury.
Additionally, as the State points out, defense counsel did not offer any proffer of excluded evidence. See State v. Deal, 271 Kan. 483, 489-90, 23 P.3d 840 (2001) (the failure to make a proffer of excluded evidence precludes appellate review); K.S.A. 60-405. This issue has absolutely no merit as Horn was given every reasonable opportunity to present any mitigating evidence he chose to present. The fact he did not choose to do so precludes this issue from having any validity.
Last, Horn argues the district court failed to make the proper and required finding that the aggravating factor was substantial and compelling. State v. Martin, 285 Kan. 735, Syl. ¶¶ 1-3, 175 P.3d 832 (2008), teaches us:
"An appellate court's review of dispositional departure sentences is limited to whether the sentencing court's findings of fact and reasons justifying a departure (1) are supported by the evidence in the record and (2) constitute substantial and compelling reasons for departure. K.S.A. 21-4716(d).
"Appellate court analysis of whether a sentencing court's reasons for departure are substantial and compelling consists of two parts: First, are the reasons given valid departure factors; second, are the reasons, as a whole, substantial and compelling reasons for departure in a given case?
"Whether the factors relied upon by the sentencing court constitute substantial and compelling reasons for departure is a question of law."
The parties make significantly different arguments on this issue.
Horn contends that because the district court has the discretion to enter a departure sentence once an aggravating factor has been established, the district court must then engage in the proper analysis before finding that the factor is substantial and compelling. See K.S.A. 21-4718(b)(7) (when the jury finds an aggravating factor, "the defendant may be sentenced" to a departure sentence [Emphasis added.]). Horn states that the district court talked extensively prior to sentencing but never specifically set forth the reasons why a "fiduciary relationship" was a substantial and compelling reason to depart.
In countering this argument, the State cited State v. Snow, 282 Kan. 323, 144 P.3d 729 (2006), and argued K.S.A. 21-4720(c) is not applicable to Horn's sentence because the district court departed based on aggravating factors found by a jury. K.S.A. 21-4720(c)(1), states: "The court may depart from the presumptive limits for consecutive sentences only if the judge finds substantial and compelling reasons to impose a departure sentence for any of the individual crimes being sentenced consecutively."
In his reply brief, Horn argues he is not claiming the district court departed without a jury making the proper determination; he contends that after the jury found the aggravating factor, the district court did not make an independent analysis of whether the factor was substantial and compelling enough to enter a departure sentence.
We initially note that Horn made no objection below to the court's failure to make a proper finding. In general, a litigant must object to the absence of findings of fact and conclusions of law to preserve the issue for appeal. Dragon v. Vangard Industries, 282 Kan. 349, 356, 144 P.3d 1279 (2006). We question whether Horn has the obligation to request findings that are directly adverse to his arguments on appeal and might, in fact, justify his lengthy sentence.
K.S.A. 21-4718(a)(4) provides: "In each case in which the court imposes a sentence that deviates from the presumptive sentence, the court shall make findings of fact as to the reasons for departure as provided in this subsection regardless of whether a hearing is requested."
We have reviewed the sentencing hearing in its entirety. Statements were made by the victim's father, the children of the defendant, a pastor, and by the defendant himself.
The sentencing record shows that the judge had a clear understanding of the obligations placed upon him by the statutes governing sentencing for multiple convictions and where the necessary factual findings had been made by a unanimous jury beyond a reasonable doubt of a factor which would justify an upward durational departure.
The sentencing judge discussed the requirements and limitations imposed under K.S.A. 21-4720(c). At sentencing, the court stated that "because of the jury's finding with respect to a fiduciary duty, the Court also has the ability to enhance the sentences beyond [the guidelines sentence]." The district court commented on the lengthy relationship between Horn and C.T.P. The court stated there was ample evidence to support a fiduciary relationship.
While the court did not specifically state that the upward durational departure sentence was being entered because the fiduciary relationship was a substantial and compelling factor and the better practice would be for the sentencing court to do so, this was the rationale expressed in such statements as the following:
"In the presentation today, including the victim statements that were submitted to the Court in the presentence investigation report, it is clear that there has been an enormous impact by the offenses in this case. There is a direct impact that simply cannot be measured on the boy who was abused. . . . He was extremely young, extremely vulnerable and he remains extremely troubled as of this date."
The court specifically looked at the duty which exists in sentencing to protect the public from future harm. The court further said: "There is nothing in the statements that were made today by Mr. Horn that would suggest that he understands the real issues here or that he is likely to be safe if he were in the community."
The only departure factor available to the district court was violation of a fiduciary relationship, which had been found by a properly instructed jury. The upward durational departure sentence was lawfully entered, and the acts of the sentencing court in doing so are approved.
The district court is affirmed.


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Click image to enlarge.
Mishka make some pretty wicked T's, for one there is the awesome collab they did with Richard Kern bringing boobies into your fashion life. For me though not much tops the awesome 80's Metalness of this t-shirt. Entitled "DON'T FEAR THE REAPER" and coming in two colours- black and white, this is definitely on my Christmas wish list.

subset: commoncrawl


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City, church fight to keep Melton Center open
What was once an inner-city sanctuary for South Park residents of all walks of life now stands on the precipice of closure if the city does not act.
The L.L. Melton Family Life Center, formerly the L.L. Melton YMCA, is struggling to keep the doors open, prompting a letter to the city requesting help paying what amounts to $3,000 in monthly utilities to stay open.
City council members argued vehemently for and against keeping the city-owned facility's current tenant, Jehovah Jireh, during their work session Tuesday, Jan. 8.
In 2010, the Jehovah Jireh Village Community Development Center Inc. — a nonprofit arm of Antioch Baptist Church — signed a lease agreement with the city of Beaumont to pay a monthly rent of $150 after the YMCA scuttled its involvement in the facility.
To keep the doors open, current director Cheryll Guidry quickly organized her church and community to help her start a community center in the South Park neighborhood, offering exercise classes and free counseling. The city was to cover all major maintenance and utilities with the understanding that the facility would remain open to the general public.
Guidry said she didn't expect her leadership on the issue would put her at the forefront of the current debate to keep the facility open.
"The plan when we got the doors back open wasn't for me to do it. I was just volunteering when it was the Y, so I knew a lot of the history and what worked and didn't work, so I naturally slid right in," she said. "But that wasn't the plan all along. I just saw the need and stepped up."
The lease agreement was amended in 2011 to make utilities the responsibility of Jehovah Jireh, but since then Jehovah Jireh has been unable to provide enough revenue to keep up with its expenses, Guidry said.
"During our summer months, we do really well," she said. "This summer we had quite a few more expenses than normal, so the money that usually takes us through to the end of the year wasn't there."
The shortfall came in part from the loss of some Zumba classes, which have since come back, and extra summer camp expenses for the center's popular summer camp programs.
To remedy the problem, City Manager Kyle Hayes told council members Tuesday, Jan 8, the city could free up as much as $2,500 per month of leftover federal money to help the facility cover utilities.
"When the Melton YMCA closed down and the YMCA of Beaumont was going through that bankruptcy — the city owns it — Reverend Adolf (Antioch senior pastor) and Jehovah Jireh stepped forward and kept the facility open, working together," Hayes said. "So when Councilman Smith and Councilman Samuel asked what options were available, we talked and said, 'Well we'll have a work session with the full council.'"
In an e-mail, Hayes said the administration will present another year's lease to Jehovah Jireh at next week's Jan 15 council meeting, adding the city had very few options when YMCA left the building in 2010 during it's bankruptcy.
"Alternatives for the city at that time were to let the building remain vacant, or to begin operating a recreation facility out of the building at a cost of between $700,000 and $800,000 per year," Hayes said.
At least one council member, Mike Getz, wasn't happy about the proposal to maintain city subsidies for the center, citing documents from city staff that he said showed the city spent at least $120,000 in the last two years on maintaining the facility.
Getz said at least nine other churches in the area offer the same services as Jehovah Jireh's Melton Center and the city should not be in the business of subsidizing them.
"What needs are currently being unmet by any of the churches that serve that community that would justify us keeping this facility open?" Getz inquired at the council meeting.
Council members Audwin Samuel and Jamie Smith quickly answered Getz's question.
"It's still currently being used for sports, classes; there's counseling that's taking place for kids and adults, different types of activities," said Jamie Smith. "It's a real asset to the community; they're just having some trouble sustaining revenue."
Getz was not moved by others on council who claimed the facility should remain city-owned, and shifted his attention to Kyle Hayes in reference to at least $20,000 the facility never paid for water and sewer as agreed upon in its 2011 lease.
Getz said membership at the facility has fallen dramatically and it should be sold to the highest bidder regardless of federal money that would need to be repaid if Beaumont failed to maintain the facility as a community center.
"If there were that many people, we wouldn't be struggling financially in the manner that we are. That's the bottom line," he said. "They're not making it financially. They can't do it. That's what they're saying in their letter."
Currently the facility charges $5 for a single use, $20 per month for members and $30 a month for a family of four, Guidry said.
"I don't enable. If you come in that door to use the facility, you're going to pay either the $5 a day to use it, or the $20 a month," she said. "And people have found the money. Let's celebrate that. Let's celebrate the fact that, for almost three years, we've been able to keep it afloat and going, providing many of the activities that the Y was doing. And they had a full staff and budget."
Although Guidry does receive a stipend from Antioch Baptist Church, she said her job is a 24/7 undertaking as her staff are all still volunteers.
"Instead of people saying, 'Wow, they've been able to do so much with nothing,' they're saying, 'Oh they couldn't do it. See? It failed. It flopped,'" she said "We need volunteers. We need expertise."
To combat the shortfall in membership, Guidry is offering a broader array of Zumba and counseling services. She said one of her Zumba classes includes instruction for those in a wheelchair.
"Zumba, you oughta see the room," Guidry said. "Filled with every shade of everything. All ages, all walks of life."
Getz said he would be for a public/private partnership in selling the facility, but ultimately the city should rid itself of the burden if no one can afford to pay for membership.
"You might want to consider selling it to Antioch to allow them to expand their ministry," Getz said. "They may have an interest in it. And it might be better to allow something like that to occur than to allow the city to continue to be involved in it."
Jamie Smith and others were unmoved.
"So, if everyone had a nice paying middle class job and everybody could go in there and pay whatever they need to pay, sure it would be," Smith said. "But they're not serving just that one select group of people. They're serving the whole community. And if you haven't opened your eyes, the whole community is struggling."


text: To improve Nova Scotia's economy, government is introducing a new Department of Business. The department and its Minister will help create one of the most competitive, business-friendly environments in Canada, and clear the way for private sector led growth. The Department of Economic and Rural Development and Tourism (ERDT) has ceased operations.


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|Hogarth Press first edition, cover by Vanessa Bell
The Years became a bestseller in both the UK and the US, and garnered some good reviews — in the New York Times, Peter Monro Jack declared it "Virginia Woolf's Richest Novel". Its fame quickly faded, however. After Woolf's death, her husband Leonard claimed he didn't think it was among her best work, though he'd been afraid, he said, to tell her that, given how long she had worked on it and how hard that work had been for her. As Woolf's reputation increased in the 1970s and 1980s, particularly among feminist academics, The Years tended to get shuffled aside in favor of the other novels and essays. Despite some advocacy from scholars and an extraordinary edition as part of the Cambridge Woolf, The Years remains relatively neglected. This is unfortunate, as it is a magnificent book.


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From 16 October to 4 November Detour, Moleskine travelling exhibition, will be at the MoMA Design Store of Omotesando, Tokyo.
All Detour Tokyo authors donated their notebooks to the non profit Foundation lettera 27 whose mission is to support the right to literacy, education and the access to knowledge in developing countries.
Fifty notebooks will be displayed in a special intimately illuminated tunnel, 23 of them by Japanese authors like Toyo Ito, architect; Mamoru Oshii, manga cartoon artist and film director; Kazuyo Sejima and Ryue NIshizawa, architects of studio Sanaa, who designed the New Museum in NY,Kenya Hara, creative director of Muji; Naoto Fukasawa, international star of industrial design; Takashi Homma, photographer, with a special taste for suburban life; Erina Matsui, illustrator, painter.
In this same period Tokyo will be under the spotlight of many design events. Detour Tokyo partners with two of them: Design Tide, an exhibition presenting the best of Tokyo design industry to the world (similar to Milan's Salone del Mobile) and Tokyo Graphic Passport, a four days series of workshops dedicated to young designers.
A specially made custom edition will be distributed to key guests of the two events.


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I don't think I did. I might have. Did you notice that at like 7ish to the left of the stage behind the fence the whole band was there? Noodles was like 3 feet away from the fence and we tried to yell at him but the band was to loud.
Yea well idk if you read the forum topic but uh July 1st at summerfest. I'm gonna find a way to get there for sure!
Hey Offspring is touring with 311 this summer (I'm sure you know) and 311 has been announced to play summerfest this year so offspring should be too hopefully!!!!!!
Happy Birthday!
That sucks. I didn't even think of bringing a camera or camcorder. But next time...
So was that you that posted a few of the videos on YouTube?? They came from the left in like the front row... Man I wish I had managed to get up front. I'm 6'1 so I possibly would have been able to see, the stage seemed pretty high to me though...
Uh I was on the left side right in the middle of about 10,000 people probably 40 or so rows from the front.
You went to the offspring at summerfest? I didn't think anyone else at that concert posted on the forums, sweet!
Hi! What's up? I will now befriend you, now.
and i thought i was white......lol
hey, liked your post!!
Senior Member


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Running a marathon seems like a feat of superhero proportions to me. I'm a terrible runner and prefer to do it only when being chased or to catch up to my kids, meaning I prefer not to do it at all. But some celebrities do! Like Pamela Anderson, who just completed the NYC marathon yesterday in 5:41:03. Way to go, Pam!
There's even been some politicians who have done the 26.2 miles -- George W. Bush, Sarah Palin, and Al Gore have all put on running shoes. But we're sort of used to seeing politicians running for things. Celebrities ... well, that's a little more shocking. Including Pam, there are even more surprising celebrity marathon runners. Check them out!
Image via PamelaDAnderson/Twitter


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NEW YORK (AP) — Playwright Richard Greenberg has edited parts of his new play "The Assembled Parties" following the bombings at the Boston Marathon to cut an unflattering reference to the city of Boston and rework a section about someone building a bomb.
The Manhattan Theatre Club said Thursday that the playwright volunteered to make the changes before the show opened Wednesday at the Samuel J. Friedman Theatre. The twin bombings Monday at the marathon site killed three people and wounded more than 180.
"All of us involved in the production of 'The Assembled Parties' were saddened by Monday's tragedy in Boston and have deep compassion for all who were affected," said the club's artistic director Lynne Meadow, who also directed the work, a world premiere.
In the play, starring Jessica Hecht, Judith Light and Jeremy Shamos, Greenberg follows a Jewish family through two Christmas Day gatherings. The changes to the script all happen to Act 1, set in 1980.
Shamos plays a graduate student at Harvard University and is asked if he likes Boston. He replies: "There's something wrong with Boston, isn't there? But Cambridge is fun." Later, the same character discusses a student who built a bomb for extra credit. The line about Boston was cut and the scene in which the bomb-maker was raised was rewritten.
The play opened to very good reviews. Tony Award-winner Greenberg's other plays include "Take Me Out," ''The American Plan" and "Three Days of Rain."


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EVENT: "Giving Voice to Our Region" Regional Economic Summit, NSU
DATE: Nov. 3-4
Northeastern State University will host a groundbreaking regional summit that will explore ways to implement "Making Place Matter" in northeastern Oklahoma and bordering states.
"Giving Voice to Our Region," partners NSU with the Cherokee Nation and the Sequoyah-Adair-Cherokee Counties Employment Zone (SACC-EZ) to bring leaders together who share the goal of fostering economic development and building viable communities.
Among the expected outcomes will be successful strategic partnerships that embrace the stewardship model, "Making Place Matter," which was implemented by the American Association of State Colleges and Universities and has been adopted by the Oklahoma State Regents for Education.
Sessions are scheduled in the Senator Herb Rozell Ballroom on NSU's Tahlequah Campus. Additional information will be posted as it become available at www.nsuok.edu.


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Congratulations to Quakes U14 Pre-Academy players Marco Campos and J.J. Foe Nuphaus for being selected to participate in the 2014 id2 National Selection International Tour to Italy, which will be held February 27 – March 10.
ABOUT THE 2014 id2 NATIONAL SELECTION INTERNATIONAL TOUR:
The id2 National Selection will consist of 18 male players born in 2000, chosen from all participants in 2013 id2 Program cycle. With the training grounds and stadiums of some of Italy's top professional clubs as a setting, the team will have the opportunity to train and compete against youth academies from well-known professional clubs , and attend professional games.
Beyond the chance to be immersed in a professional soccer environment and showcase their abilities to the international soccer community, the tour offers players the unique educational and cultural experience of life in a foreign country.
The tour is at no cost to players, except for personal passport-related expenses, etc. US Club Soccer and Nike will fund the tour, including airfare, lodging and meals, and provide a comprehensive training and competition package.


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Cisco Unified MeetingPlace Release 6.1 -- About Customizing the Audio Server
From DocWiki
m (1 revision)
Latest revision as of 21:11, 28 March 2011
Cisco Unified MeetingPlace Release 6.1 > Cisco Unified MeetingPlace Audio Server > Configuring > Setting Up the Audio Server
While the Audio Server system is completely functional as installed, you can customize the system to suit your special uses and applications. The following sections tell you how to:
- Customize meeting notifications
- Create flex fields
- Choose abbreviated or unabbreviated voice prompts
- Customize the voice prompts that users hear
Customizing Meeting Notifications
To assist users receiving notifications by e-mail, you can customize your company e-mail messages with information on how to attend meetings on Cisco Unified MeetingPlace and listen to recorded meetings.
To Customize Meeting Notifications
- In the MeetingTime Configure tab, select the Company Information topic, then click Query .
- This topic is located under the Company Specific Information heading in Views .
- When the values for the various attributes are displayed, scroll down until you see the How to Attend a Meeting and How to Access MeetingNotes attributes.
- Click the value area of these fields and enter the message you want to appear in your users' notifications.
- Table: Meeting Notification Parameters show examples of messages to use for the custom notification fields.
Table: Meeting Notification Parameters
How to attend a meeting
"Welcome to <Your company's name> MeetingPlace conference server. To attend voice conferences on the system, dial the MeetingPlace phone number and follow the voice prompts."
How to access MeetingNotes
"Users can record meetings, leave voice comments about a meeting, or attach relevant meeting materials. To access this feature, dial the MeetingPlace phone number and select option 3."
Listing Alternative Cisco Unified MeetingPlace Phone Numbers in Notifications
As a system administrator, you can identify up to three different phone numbers for accessing a Cisco Unified MeetingPlace conference server. For example, specify these phone numbers:
- A toll-free (1-800) number for participants outside of the area
- A local phone number for field staff or local participants
- An extension number for participants to use when calling from within the company
To Enter Alternative Phone Numbers
- Log in to MeetingTime.
- In the MeetingTime Configure tab, select the Telephony Access topic and click Query .
- Set the following attributes:
- For the 1st Alternate Ph Number attribute, enter the alternative phone number.
- For the Label for Notifications attribute, enter a label for the phone number. For example, Toll-Free Number or Extension Number.
- If your Cisco Unified MeetingPlace system has a second or third alternative phone number, repeat Step 2 and Step 3, using the 2nd Alternate Ph Number and 3rd Alternative Ph Number attributes.
- Click Save Changes .


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With each new year comes smarter phones, and 2012 was no exception.
Over the past 12 months, the market was inundated with new smartphones that are faster, sleeker and overall more capable than their predecessors. Some can talk, some can double as a tablet and some can even handle an underwater plunge.
Here are 10 of the coolest -- and smartest -- phones to come to market this year.


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i just recently was given a computer for free. Its not a bad computer but it has on board sound. From it i get a Lot of noise from the other drives. I can hear them all spinning.
I was woundering if there was any way that i could cheeply fix that problem. Any ideas?


text: Just got home from work and made this quickie video for tonite. It took me about 10 minutes to rig my Dutch Quilt Clips to the 4 corners with very small nylon chord that I threaded thru the loops of amsteel in place of the steel rings I cut off bridge hammock when I did Professor Hammocks modification of a JacksRBetter BMBH UL bridge hammock. I wanted to show this new UQP that is the breathable version that 2Q & ZQ have been working on. They have made 2 sets of small nylon sewed on loops for you to attach your UQP to a bridge hammock. This UQP has small shock chord down each side as well as on each end. I added at each end, where the shock chord is, 4 small chord locks to pull the end material as tight as I wanted. The only attachments to the hammock are on each corner using the 4 Dutch Quilt Clips that are nylon and 90 cents each. Total weight of the UQP is 6.4 oz. This is a quick video so forgive my mistakes here and there in it with some captions making up for the mistakes. Later this week, I will make a complete video of my entire winter setup for my bridge hammock. 2Q & ZQ has made a very perfect piece of protection once again and I see no needs for modifications anywhere at all, on it. To me, its perfect and only takes a couple of minutes, if that, to clip it to the hammock and pull the shock chord here and there, as tight as you want it. Notice in the video, even the ends of the hammock are protected from wind and blowing rain, and should give the hanger, a few more degrees of warmth. Will test hanging this winter and keep everybody abreast of the progess of warmth as well. Thanks to 2Q & ZQ for another very fine UQP. Any size or thick quilt will fit inside the UQP also. Enjoy! I know I will!


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F5 Networks (NASDAQ: FFIV) sells computer software and hardware that run servers, data storage devices, and network-based computer programs faster and more securely. F5's products are typically bought by Fortune 1000-sized companies in the telecommunications, financial services, technology, manufacturing and transportation industries, as well as the government. As these institutions grow more and more dependent on computer networks for sharing information, they have a greater demand for network-related software. While the need for network-related software is increasing, though, the fact that F5 attends to the IT needs of companies in a limited number of industries makes it susceptible to the market trends that affects these industries; the write-downs occurring in the financial industry, for example, tend to make big banks cut back on spending; if a bank already has a version of F5's software installed, then it does not upgrade to the newer version. In addition to companies based in the United States, F5 sells its software to large corporations around the world. International sales account for around 44% of F5's total revenues.[1] As more and more foreign companies become Fortune 1000-sized, the international markets represent a direction of growth once the application delivery networking market matures in the United States. The company earned $653 million in revenue and $92 million in net income in 2009.[2]
F5's products distribute internet traffic across multiple servers while making them appear to be a single server, speeding up web applications over a network, and protecting critical web applications from attacks. The BIG-IP application delivery controller (the company's core product) account for 91% of total product revenues. In addition to the BIG-IP system, F5 sells complementary products that provide secure remote access to corporate networks and speed up the access to corporate applications over the internet. These products account for less than 10% of revenue.
The primary customers for F5's products are large enterprises. F5 sells to these enterprises via distributors, value-added resellers (VARs) and systems integrators. Ingram Micro and Avnet Technologies are F5's major distributors, accounting for 10.5% and 15.4% of the company's revenues, respectively.[5] VARs sell F5's products to their end-users as well, but also provide network design, installation and testing services to the customers. System integrators are usually enterprise software vendors such as Microsoft, Oracle and SAP that integrate F5's products into their own software. In addition to these distribution channels, F5 employs a sales team that directly sells its products to their end-users.
On average, network-based applications had taken up 40% of all application usage time. For companies and other large institutions, common network-based applications include e-mail and security software, word processing, spreadsheet and database applications, virtual desktop tools, and customer relations management software. An employee's work done on these applications is very important to the functioning of a company, so the company needs ways to make network traffic as efficient as possible. F5's core product addresses this need by directing network traffic so that a company's servers can perform more important tasks, such as relaying information from a database or processing a customer's request. Therefore, as more and more corporate operations, from data storage to communication to customer relations management, are done electronically, the demand for F5's BIG-IP controller and its complementary software suite will grow. .
The application delivery controller market has grown rapidly in the past few years because large institutions are beginning to realize the advantages of the network traffic load balancing and other functions that the controllers perform. As a result, even in a time of economic uncertainty, F5's revenue increased by a fraction of a percent in 2009.[2] However, it is likely that once the application delivery controller market matures (i.e. when most corporations have integrated these controllers into their IT systems), companies would no longer see the need to purchase additional application delivery controllers. This is especially true during times of recession, since IT is an easy place for companies to save money. For example, after a series of major write-downs, an investment bank that already has an application delivery controller installed would probably choose not to buy a newer version of the controller, whereas it would have if the write-downs had not occurred. If many banks suffer the same problem, then F5's revenue stream would be harmed.
Telecommunications, financial services, technology, manufacturing and transportation companies in emerging markets are growing rapidly. As foreign companies grow bigger, their demand for application delivery controllers also increases. Increasing operations in the international markets brings a series of risks, including fluctuating currency exchange rates (a rising dollar decreases reported earnings) and political instability in countries such as Thailand and Venezuela. Furthermore, F5 potentially faces IT-specific problems that Cisco has faced in the past years, such as being accused of providing the Chinese government with Internet website filtering technology.
F5's core product competes in the application delivery controller market (the Layer 4-7 market, referring to the "layer" of network services its products provide), with Cisco Systems (CSCO), Inc., Citrix Systems (CTXS), Inc., Nortel Networks (NT) Corporation, Juniper Networks (JNPR), Inc., Foundry Networks (FDRY) , Inc., and Radware (RDWR) . In this market, F5 has become the leader in recent years based on revenues, outcompeting Cisco. Because it has expanded into the markets of complementary products, however, the company also competes in the WAN optimization (with Riverbed Technology (RVBD) , Juniper, and Packeteer (PKTR) ), the SSL Virtual Private Network remote access (with Juniper, Citrix, Nokia (NOK), Nortel Networks (NT) and Symantec (SYMC) ), application firewalls (with Citrix) and file virtualization (EMC (EMC) , Network Appliance (NTAP) , Brocade and Cisco) markets. Compared to many of its competitors, F5 has a shorter company history (which translates into less time to develop better technology), and less financial, technical and marketing resources, as well as a smaller customer base. As a result, larger competitors can respond faster to emerging technologies, and sell their products for lower prices. However, F5 holds a significant advantage in the flexibility of its TMOS technology and the integration of its product suites.
Cisco Systems (CSCO): Cisco is F5's biggest competitor, especially in the load balancing market segment. Cisco holds a significant advantage in the size of its distribution channels and its customer base. F5 has built partnerships with well-established enterprise software vendors to compete with Cisco's size. The flexibility in F5's products has enabled the company to outcompete Cisco.
Juniper Networks (JNPR): Juniper, with its partnership with Symantec, is an important competitor in the secure remote access market segment. The company also sells products in the WAN optimization and load balancing, but is not as large a competitor in these markets as Riverbed and Cisco, respectively, are.
Citrix Systems (CTXS): Citrix is a competitor in both the load balancing and WAN delivery market segments through its acquisitions of NetScaler and Orbital Data, respectively. The company's revenues growth has slowed, but Citrix benefits from its strong enterprise customer base, and like F5, offers a strong portfolio of application networking software.
Riverbed Technology (RVBD): Riverbed is the market leader by revenue in the WAN application delivery market. The strength in the technology offered by Riverbed is a primary factor that has enabled it to capture market share.


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Let's put our best thinking caps on. Here is the episode 3 dilemna of possible outcomes:1. It ends in the Puerto Montt area with a pitstop.2. Puerto Montt is half of a one hour episode shared with Punta Arenas.3. Puerto Montt is half of a double leg that will end with a pit stop in the Punta Arenas area.One piece of data that we have is the first 5 teams all going to Sequesterville- Acapulco, which is an argument for having 5 South American pit stops and a vote for #1 above.A second piece of data is scepticism that Amazing Race producers will go 5 difficult episodes without a NEL to slow things down a little. That would be most consistent with #1 or #2. although #3 is not impossible in that scenario.I seek input from the rest of RFF. Truly, what are your thoughts?
Hi I'm new around here...okay, I've been lurking for a couple of seasons now....I have a couple questions about the fish that is supposedly flounder On page 4 I think reply #84...Puddin posted a new episode teaser...A. Why is the fish that Mirna has that, I think she says "won't hurt her anymore" white and without it's dark skin. It looks like he's flapping his mouth while he doesn't have any skin on him. Are they going to have to eat the fish they catch...and raw at that? and B....The clip right after Mirna's clip, Eric is telling Danielle that she's gotta get her B____. It doesn't sound like he is saying "box". So that leads me to ask if they truly are flounder or the "B" word is the kind of flounder they are or maybe they are some kind of fish starting with "B". It almost sounds like get your Bucs or Bugs, it doesn't sound like box.Finally there was a squiggly one eyed thing on a plate/pan in a freeze frame on an earlier page that someone asked what it was...that looks like a squid, although I don't know if they are in an area where squid exists. He looked raw, too. You guys are great detectives around here!
Those fish look like some sort of Bio-Gentics gone wrong and LOL it does sound like boobs! I thought he was yelling " Dani you have to use your gloves use your gloves " or maybe he's yelling box because shes carrying one?Welcome to the forum NDIrish :yaya:look it has an EEL like mouth! ewwwwwwwwwwww
Those fish look like some sort of Bio-Gentics gone wrong
Quote from: PuddinThose fish look like some sort of Bio-Gentics gone wrong Another reason to suspect a school or some other non-profit. A commercial outfit would stick to the money fish: trout, chilean sea bass, etc.
Here are 2 Puerto Montt aquaculture schools...Austral university of Chile (Puerto Montt, Valdivia) Engineering in Acuicultura, Marine Biology.I.P. The Araucana (Puerto Montt) Engineering of Execution in Acuicultura
The ramshackle appearance of the fish farm is bugging me a little. It doesn't look like a profit place, so I'm searching schools now. Here's a construction picture; the photo caption states that the PM fish farm (Instituto Araucana) didn't become operational until August 2006 (you can go to the Hesy site and search the galleries for other Chile photos). And the Austral University also has a PM "acuicultura" place, but the photo doesn't look like a match.
[IMG]the end
This guy seem like bill, who is getting the clue alone, i guess JOE BILL is the team who missed the clue....And the guy who fall into the water seem to be joyce......since I hear "Joyce" at the last part of the video.....I think this week the roadblock will come before the detour.....
Quote from: amazing_hey on February 28, 2007, 12:59:19 AMThis guy seem like bill, who is getting the clue alone, i guess JOE BILL is the team who missed the clue....And the guy who fall into the water seem to be joyce......since I hear "Joyce" at the last part of the video.....I think this week the roadblock will come before the detour.....I'm pretty sure that is Charla & Mirna behind the Guido's with another team in front ( Ian & Teri?) running for the clue box probably at the Roadblock
Ventisqueros S.A.International Private companySeminario 110, Apdo. 862 Puerto Montt, Puerto Montt , Chile56 65484200, 56 65255585 fax, http://www.ventisqueros.clPrimary SIC: Miscellaneous Marine Products, Primary NAICS: Other Marine FishingDescription: Agriculture: Fresh and Frozen fish, Export trade
Not to add anything important, just to note that this is my 1000th Post
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Leadership Development
We understand leadership as a collaborative process through which individuals create change in their communities, whether or not they hold a position of authority. Leadership can be learned through reflective experience, and must be practiced to achieve competency and excellence.
Being a leader means:
- Investing in an area of interest and/or concern
- Understanding your values, passions, and talents
- Developing skills to become effective at what you do
- Having a willingness to take action and becoming engaged
Underlying these aspects of leadership at Rochester are our communal principles: fairness, freedom, honesty, inclusion, respect, and responsibility. These are the shared values that form the pillars of undergraduate student life, and they are infused throughout our leadership programs.


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God's plan for IRAN, FARSI نقشه خدا ایران
IRAN FOR CHRIST MINISTRIES was started in 1991 by Pastor Elnathan and Nazanin Baghestani with a vision to serve the growing church in the Iran region. From the beginning, IFCM's passion was to train and equip Iranian Christians to reach and disciple their country men. In1996 they arrived in USA... Read More
001 (949) 681 - 8000 firstname.lastname@example.com www.SimaMasih.com www.IranforChrist.com PoBox: 371043 Reseda CA 91337 / An IFCM TV Archive, IFCM TV is one of the first Iranian Christian program.


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NEW YORK (AP) — U.S. stock markets are opening higher after Cyprus clinched a last-minute bailout that saved it from bankruptcy.
The deal between the Mediterranean island nation and its lenders was reached in the early hours Monday in Brussels. In return for a 10 billion euros ($13 billion) bailout from its European partners and the International Monetary Fund, Cyprus agreed to shrink its banking sector, cut its budget and privatize state assets. The deal means the European Central Bank continues providing liquidity to Cyprus' banking system.
The Dow Jones industrial average rose 19 points to 14,530 shortly after the opening bell.
The Standard & Poor's 500 index was up four points to 1,561. The Nasdaq composite rose eight points to 3,253.


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August 15, 1946 -
April 2, 2007
A Lover of Life and All that Presents Itself
The world lost a woman of beauty and true valor when Nancy DelVillaggio, 60, of Los Altos succumbed to lung and breast cancer after a brief but hard-fought battle on April 2, 2007. She is survived by Carl, her husband and best friend of 39 years, sons Chris and Geoff, daughter-in-law Janet, grandsons Owen and Ian, her mother Ruth Bergman, 92, and brothers Todd and Chris. She also leaves behind a coast to coast network of friends who knew and will now grieve for the warmth and generosity of her heart.
A child of Westbury, New York and a graduate of Rider University, New Jersey,
Nancy married Carl just after graduation. They embarked on a career that included moves around the Midwest and East coast, settling happily in California in 1984. In each move, it was Nancy who reached out, built their lives and found new friends, often making them companions for life.
It was here in California that she and Carl successfully completed raising their sons, after which Nancy launched a full time career which culminated in the Presidency of Stanley Barber Inc., a career management and development company. At the same time Nancy helped found CAPWA, California Professional Women's Association, and became strongly involved in working for the mentally ill as a member of NAMI as well as a family board member and frequent newsletter author for the Alliance for Community Care.
To know Nancy is to understand that her love for family and friends was unconditional. She was a woman of unparalleled strength who expanded her heart to share that strength with those around her. Family and friends always knew of "Nancyisms", her ability to offer insight and to share life's joys and sorrows with just the right words at the right time. More than one friend, at one time or another, got her favorite admonition: Let it go!
Nancy mixed a love for sports with a passion for major league baseball, high voltage energy for exercise with a quiet love of reading and the most eclectic taste in music known to all. And finally, Nancy was a great lover of the feline friends who came to live contentedly with she and Carl.
The love Nancy inspired was shared by family, friends and extended to friends of her son's generation, who looked up to and always enjoyed Mrs. "D".
None, however, will know the depth of missing her more than her best friend, husband and constant companion, Carl.
A celebration of her life will be scheduled at a later date but the family asks, in lieu of flowers, for donations to be made to: Friends of Grace, c/o Grace Community Center, 484 East San Fernando Street, San Jose, CA. 95112.
September 20, 1917-
April 2, 2007
Husband of Alberta (deceased). Father of Robert Hyson (Barbara) and Peg Bickmore (Les, deceased). Grandpa to Brian Hyson (Aimee) and Wendy Guzman (Jose). Great-grandpa to Jesus Guzman. Retired auto mechanic, WWII Vet.
Services were held April 2, 2007. Donations in Virg's memory may be made to the Los Altos Senior Center or charity of your choice. Arrangements by Spangler's Mortuary.
Charles Edouard Brabant, age 75, passed away January 28 in Oak Harbor, Washington. Charles was born 16 April, 1931 in Montreal, Canada. He attended Loyola High School and McGill University in Montreal, and also studied engineering in Manchester, England. After leaving Montreal, he lived in Detroit, MI; Springfield, VA; Mountain View, CA; Stamford, CT; Los Altos, CA; and Point Roberts, WA. He worked for the U.S. Geological Survey, the Stanford Research Institute, and Quantum Science in New York City. He enjoyed sailing out of the Redwood City Marina, Stamford Yacht Club, Santa Cruz Harbor, and Point Roberts Marina.
Charles was preceded in death by his father, Joseph Alcide Brabant (1896-1964); mother, Eva Bernier Brabant (1898-1950); and son, Charles Edouard Brabant (1963-1965). Charles is survived by his ex-wife, six children, and eight grandchildren.
Graveside services will be held at to Notre Dame des Neiges Cemetery in Montreal this spring. A notice prior to the service will be published in the local Montreal paper for any interested parties.


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Pending suitable snow cover, low-flying helicopters will be conducting whitetail deer population surveys from January through March in northwestern, central and southeastern Minnesota.
"Good wildlife management decisions are based on good science," said Lou Cornicelli, wildlife research manager for the Minnesota Department of Natural Resources. "These survey flights collect some of baseline data we need to make those decisions."
DNR pilots will fly survey areas in 18 deer permit areas during daylight hours at about 200 feet. Results of aerial surveys are used to help estimate deer population in these areas.
Affected areas include permit areas 260 and 264 in Kittson, Marshall, Pennington and Roseau counties; permit areas 239 and 270 in Becker, Clay, Grant, Otter Tail and Wilkin counties; permit areas 214, 215, 221 and 22 in Benton, Mille Lacs, Morrison, Stearns, Todd and Wadena counties; and deer permit areas 341-349 and 602 in Dodge, Fillmore, Goodhue, Houston, Mower, Olmsted, Wabasha and Winona counties.
Aerial elk surveys using both an airplane and helicopter are planned for the Kittson County and Grygla elk ranges in northwestern Minnesota.
Questions about survey flights should be directed to the DNR's farmland wildlife research office in Madelia at 507-642-8478; the northwest regional wildlife office in Bemidji at 218-308-2651; or the Rochester area wildlife office at 507-206-2859.


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TORONTO, Dec. 7, 2012 /CNW/ - Canada Beef Inc. welcomed the announcement today from the Government of Canada regarding three new programs under Growing Forward 2 (GF2). These programs allow Canada Beef Inc. to work innovatively on behalf of Canada's 83,000 beef farming families in ensuring Canadian beef is recognized around the world as a safe, wholesome, and premium product.
"Canada Beef has two main drivers on behalf of Canadian beef producers; delivering a strong return on investment, and creating sustained brand loyalty to Canadian beef with end-users and consumers around the globe," said Canada Beef Inc. President Rob Meijer. "GF2 will be instrumental in Canada Beef's ability to deliver more innovative and strategic marketing and brand initiatives."
"GF2 specifically aligns with Canada Beef's three-year strategic priorities; to brand differentiate, target priority markets of value, and venture into new emerging market possibilities."
Meijer expressed his appreciation of the Government of Canada's continuous funding for agricultural growth and innovation. "Investment in agriculture is an investment in Canada's future and its rural communities and youth. Canadian beef production alone contributes over 25 billion* dollars annually to Canada's economy."
*Beef production in Canada contributed 25.96 billion to Canada's economy in 2011, up 5.5 per cent since 2010. Source: Canfax, Statistics Canada 2011
SOURCE: Canada Beef Inc.
For further information:
Rob Meijer
President, Canada Beef Inc.
Canada Beef Inc.
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Flo-Jo: Fast and Flashy
By: Legacy Staff
5 years ago
People spoke about her like an expensive car: sleek, gorgeous, and above all, fast. Even her name – Florence Griffith Joyner – was revved up to the faster Flo-Jo. The extraordinary athlete and exotic beauty died 15 years ago today at just 38.
Two years ago, on the anniversary of her death, her daughter Mary Joyner (who competed on America's Got Talent) posted a tribute to her mom:
Griffith Joyner was the first American woman to win four medals in one Olympics, bringing home three golds and a silver from the 1988 summer games in Seoul, South Korea. The record she set in those games for the 100-meter dash – 10.49 seconds – still stands.
Writing for Sports Illustrated, Merrell Noden said, "Griffith Joyner was like a gaudy comet flashing across the sky. In mid-1988, in the short span of 75 days, she transformed herself into FloJo, a flesh-and-blood action hero who dazzled the world with her six-inch long fingernails and sexy running attire, scorching tracks and retinas with her line of skin-tight negligées, some of which she dubbed 'one-leggers. '"
She often said her inspiration was Wilma Rudolph, who won three Olympic gold medals in the 1960 Olympics and was considered the fastest woman in the world. Rudolph returned the compliment, saying, "For a long time, we've been thought of as 'jocks.' Florence brings in the glamour."
Griffith Joyner's glamour seemed to come naturally. Less than thrilled about high school running uniforms, she began making her own, using the sewing skills she had learned from her mother to make clothes first for Barbie dolls and then for herself. "That was such a joyful time for me," she said, "doing something creative that we both loved." Her penchant for style was also manifested in her wild mane of hair and her multi-colored enameled fingernails, said to be six inches long, which stood out against her Flo-rescent running ensembles.
Despite growing up in the rough and tough section of Los Angeles known as Watts, Griffith Joyner said her childhood was happy because of the love and support of her large family. She was born Dec. 21, 1959, the seventh of 11 children, and ran track at Jordan High School, where, according to USA Track & Field, she anchored the relay team that posted the nation's fastest time of the year. As a student at California State University at Northridge she was coached by Bob Kersee, who later became her brother-in-law. She dropped out for a time and worked as a bank teller to help support her family, but returned to school after Kersee found financial support for her. When Kersee became head coach at UCLA, Griffith Joyner followed him there, graduating with a degree in psychology in 1982.
She won one medal in the 1984 Olympics, but it was at Seoul where she really shone, taking home four medals and two world records. Though often plagued by suspicions of drug use, Griffith Joyner was repeatedly tested and always passed.
In 1987 she married Al Joyner, the 1984 Olympic triple jump champion, and retired from competitive running two years later. She went on to design uniforms for the Indiana Pacers and to write Running for Dummies with John Hanc, with a foreword by sister-in-law Jackie Joyner-Kersee. In 1993 President Clinton named her co-chair of the President's Council on Physical Fitness.
Griffith Joyner's unexpected death in 1998 was investigated by Orange County authorities, who concluded she had died from suffocation due to a severe epileptic seizure. The city of Mission Viejo, California dedicated a park in her honor.
"We were dazzled by her speed, humbled by her talent, and captivated by her style," President Clinton said in a statement following her death. "Though she rose to the pinnacle of the world of sports, she never forgot where she came from, devoting time and resources to helping children – especially those growing up in our most devastated neighborhoods – make the most of their own talents."
Susan Soper is the author of ObitKit®, A Guide to Celebrating Your Life. A lifelong journalist, she has written for Newsday and CNN, and was Features Editor at the Atlanta Journal-Constitution, where she launched a series called "Living with Grief." Find her on Google+.