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Red flowers bloomed on Rick Rojas's father's grave at Hollywood Cemetery -- but he didn't know who had planted them. His father, Brigido Rojas, is buried on a sloping hill covered in clover and headstones with mostly Hispanic last names. A few yards from Little White Oak Bayou, there's a constant rushing noise because the cemetery is located on the I-45 feeder road.
Some graves have hand-carved crying angels; others are marked with pine cones and empty bottles of Bud Light. Rojas didn't erect a headstone over his father's grave because his mother didn't want to see her name carved in granite. "We granted her that wish," he says.
Last year, a week after Valentine's Day, Rojas was visiting his father's grave when he met a woman who demanded to know who had left balloons and roses on her husband's grave. Rojas said his sister, Patricia Flores, had placed them on their father's grave. The woman insisted that her husband was buried there. "She was adamant that it was him," Rojas says.
Their receipts and records showed that they had bought the same plot, Rojas says.
A Houston police officer, Rojas asked the cemetery to exhume the body. Even if the corpse was decayed, he could recognize his father because he had pinned one of his HPD badges to his dad's lapel; plus, since his father had lost both legs to diabetes, there would be fewer bones in the coffin.
"They didn't want to do it," Rojas says. "Their excuse was that as soon as they opened the casket a lawsuit was going to be filed. We didn't care about no lawsuit. We just wanted to make sure it was him buried there, not nobody else."
Rojas first became suspicious of the cemetery's record-keeping when his mother died. A cemetery worker got out a map and walked Rojas to the spot where his mother was going to be buried. "This is where your father's buried; we'll put your mother here right next to him," Rojas remembers his saying.
But they were across the cemetery, about 50 yards from his father's grave. "I said, 'I was at the funeral. I know damn well he wasn't here,' " Rojas says. Rojas argued with the man for a while, then took out his cell phone, called his brother and sister and told them to meet him at Dad's grave. When they arrived, his brother whistled at him, pointed to the ground and called, "Dad's over here!"
Rojas claims his father's grave was sold three times.
The Texas Funeral Commission has received half a dozen complaints from families who believe Hollywood Cemetery has resold plots, stacked graves or placed people in the wrong plot. One woman says a child was buried on top of her mother's grave. Another woman claims the cemetery buried someone in the plot she had bought for herself and then falsified maps to dupe her. Yet another woman alleges that the cemetery dug up her daughter and moved her to another grave without informing her.
Cemetery general manager Ariel Olmos says he is doing his best to resolve all grievances. "If there's ever a problem, we're available seven days a week. Just like a funeral home, we're there to assist these families," he says.
Flores says Olmos promised to personally drive to Austin and get a permit from the health department to exhume her father. But he never did.
"If I have to, I'll start digging up the damn hole myself," Flores says.
Texas Funeral Service Commissioner Chet Robbins has the authority only to regulate retail price lists at crematories and cemeteries. There are currently four bills in the Texas legislature that would give Robbins the power to make sure the right body is buried in the right grave.
"Our intent was to give him some more teeth in his regulatory capacity," says Representative Rick Noriega (D-Houston), who authored House Bill 603.
Robbins is essentially a sheriff without a gun: All he can do is write long letters on behalf of family members who believe their loved ones are buried in the wrong place, saying he wishes he could help but there isn't a law to back him. Chapter 711 of the Texas Health and Safety Code says records should be kept of each interment in a cemetery. "But it doesn't say who keeps that," says Steve Elkins, field services program administrator for the Bureau of Vital Statistics, a division of the Texas Department of Health. "I think it must be implied" that the cemetery does, he says.
The vaguely written statute doesn't carry a penalty for not keeping records and isn't enforced by the health department. "We really haven't considered that our responsibility to oversee that or enforce that," Elkins says. "Most people obey."
The Texas Department of Banking licenses perpetual care cemeteries such as Hollywood and conducts audits on these cemeteries to ensure trusts are properly maintained. They also make sure the book of interments is updated. "They need to know their inventory so they don't oversell," says Russell Reese, director of special audits with the Texas Department of Banking. Although the banking department licenses perpetual care cemeteries, it has authority only over Chapter 712 of the health and safety code, which doesn't specifically say perpetual care cemeteries have to keep records. "We've had very good success getting enforcement voluntarily," Reese says.
Two bills the legislature is considering, Senate Bill 278 and House Bill 1538, would transfer enforcement authority of the statute to the funeral service commissioner. "I would be able to ensure that we got the right person in the right grave," Robbins says. "If the cemetery operator is being deceitful, in these new bills, they're gonna be under our jurisdiction. I sure hope it passes."
One of Houston's oldest cemeteries, Hollywood was built 108 years ago to bury middle-class white Heights residents who bought headstones with hand-carved Bibles and lifelike daffodils. The demographics of both the neighborhood and the cemetery changed in the 1970s, when the freeway was constructed and lower-income housing was built along the east side of the cemetery, says Doug Milburn, author of Our Ancestors' Graves: Houston's Historic Cemeteries. "The barrio really borders the cemetery," Milburn says.
Located at I-45's North Main exit, the cemetery is across from McDonald's and Fiesta Pawn; it's divided into sections with names like Mossy Dell, Dawn Meadow, Sunset Lawn and Twilight Terrace.
The roads are horse-and-buggy narrow and the graves are filled with Civil War veterans and semi-famous locals.
"This cemetery was opened when they would bring them in on the back of a wagon," says manager Olmos. "It's history."
A white marble slab marks the grave of Houston's first librarian, Julia Ideson, and a four-foot granite monument is at the plot of Shinpei Mykawa, the man who introduced rice farming to Houston, then died under his thresher. The Texas Historical Commission erected a marker at the grave of Mollie Bailey, the "circus queen of the southwest." The marker is near other Bailey headstones, but there isn't one with her name on it.
On a cobblestone walkway behind the main office, past a ripe fig tree and the mausoleum, is a life-sized marble statue of a child looking up at the angel Gabriel. The limestone pedestal was taken from room 301 at Brackenridge Hall at the University of Texas -- the room where the school song "The Eyes of Texas" was co-written by Thomas C. Hall, an attorney who later owned the cemetery. Lyrics about not being able to escape the eyes of Texas until Gabriel blows his horn are inscribed on the back. "In a city of weirdness it's one of the places I always take tourists," says Milburn.
Olmos speaks in a soft, slow voice. He almost always sounds calm. He insists that he's not being "short or evasive," but he rarely answers questions directly. When asked who owns the cemetery, he says, "An individual." When asked if the cemetery's registered agent, Mike W. Graham Jr. (who did not respond to written requests for an interview), is the owner, Olmos simply repeats that the cemetery is owned by an individual.
Ten years ago, Olmos custom-made $10,000 suits for ZZ Top during the post-"Sharp Dressed Man" era. He says he also designed costumes for Houston Grand Opera and Houston Ballet, but both opera and ballet spokespeople say no one in either costume department remembers Olmos or has a record of him.
When ZZ Top switched to jeans and T-shirts, Olmos says, he left his family's tailoring business to work with children at the St. Vincent de Paul homeless shelter in Aldine and taught catechism classes in Kingwood before becoming the vice president of operations at Hollywood.
"It's a ministry," says the 38-year-old. "A corporeal work of mercy: You feed the hungry, you clothe the sick, you bury the dead."
He says he works seven days a week and hasn't taken a vacation day since he started in November 2000. The cemetery is like a rest stop, he says. People pull off I-45 to use the bathroom, make a phone call, get directions or grab a Coke from the soda machine.
When asked about allegations families have made that loved ones have been misburied, he just repeats that "it's very sacred" and "it's very serious." "We don't trivialize it," he says. "We don't laugh about it here in the office."
He won't comment on allegations made by individual families; he says he respects the families' privacy. "The only information that I am going to give is to the families," he says. "I'm here to help the families."
The cemetery's records are not available to the Houston Press, he says. "It's not show-and-tell," he says. "I'm not trying to sound sad or morbid, but there's no buried treasure."
The Funeral Service Commission has a 48-page file on Hollywood Cemetery. Last spring, Deputy Administrator of Enforcement Anne Cosper investigated the concerns of seven families; in her preliminary report she wrote that "families believed their loved ones were either buried in the wrong plot, buried on top of someone else's grave, or with someone else buried over the grave of their loved one."
The investigation was kicked off when a television reporter contacted the commissioner about Rojas and Irene Longoria believing their loved ones were in the same grave. The commissioner suggested they look in section 25b of the death certificate, where funeral directors list the section, block and lot in which the deceased is buried. But the funeral homes had marked "unknown" on both death certificates.
"On the surface, it seems that the funeral home had to know where the body was to be interred," Robbins wrote in a letter to state Senator Jon Lindsay. "How did they know when and where to stop the hearse and unload the casket of the decedent if they had no knowledge of the place of final disposition?"
The commissioner referred the other complaints to the Texas Department of Banking. In a referral letter to the banking department, the commission's investigator wrote that the cemetery's Porter & Hedges attorney, Jo Vorpahl, "assured me that Mr. Olmos misspoke when he said that the cemetery's records are not complete and in order."
The banking department basically acts like the Better Business Bureau, facilitating discussion and asking the cemetery to address and hopefully resolve concerns. "They do not have the burial records and they do not have the files," Olmos says. "They just bring something to our attention."
The cemetery's most recent audit conducted by the banking department, dated December 31, 2001, documented three operational concerns and two violations of Texas law -- one a repeat violation. According to the report, the cemetery's trust fund had a $3,000 overdraft and the cemetery had once again submitted an inaccurate annual statement of funds.
The examiner wrote that "Several violations of applicable law are in evidence and/or operating records are inadequately maintained. These operating and compliance weaknesses may have resulted in a material trust fund deficiency."
Hollywood was placed in a group of cemeteries that "require more than normal supervision to assure correction of deficiencies and preservation of trust funds."
On a spring Sunday morning three years ago, Gilberto Salazar ate a stack of Whataburger hotcakes then went to Hollywood Cemetery to visit his mother's grave, as he did every weekend.
But that morning -- two years after Bertha Torres Esperza's funeral -- he found her headstone tossed aside and another headstone, engraved with someone else's name, erected in its place.
His sister, Evelyn Fletcher, says she confronted cemetery officials several times to no avail, before hiring Houston attorney David Vallance. The former general manager of Hollywood Cemetery, Michael J. Terry, wrote Vallance a letter stating that not only was Fletcher's mother buried in the proper plot, but Fletcher herself was buried one space away.
Last June, cemetery employees stuck a pole into the ground and tapped on top of the vault enclosing the casket (because Houston's ground is moist, people often enclose coffins in solid cement vaults so they don't move in the mud) to determine which type of vault was buried below. "The probe is a metal device that allows us to understand where the outer burial container is in the gravesite," Olmos says. "It's not a means of identifying the body or anything like that."
The cemetery staff told Fletcher that they were able to determine that her mother's tiered-top vault was below. The problem with that answer, Vallance says, is that her mother was buried in a flat-topped concrete case. "Rather than answer questions, they raised questions," Vallance says.
In September, Vallance proposed that the cemetery exhume the coffin, possibly open it, and see if Fletcher's mother's heart bracelet was inside (since the body would most likely be unrecognizable). In case the visual check didn't satisfy his clients, Vallance suggested DNA testing.
"We're not asking for $1 million. We're asking for the cemetery to establish that her mother is buried in the plot she purchased," Vallance says. "It very well may be that they are not sure who is buried where. So they may have a substantial liability concern."
Since Fletcher isn't sure her mother is there, she doesn't want to dig up the grave herself because according to the Texas Health and Safety Code, desecrating a grave -- destroying or removing a body from a plot without permission -- is a third-degree felony. Even moving a gravestone or monument is a class C misdemeanor.
The cemetery's attorney says she is certain that the right body is in the right grave. "Ms. Fletcher's mother is buried exactly where she ought to be," Vorpahl says. "The cemetery confirmed that the person who is supposed to be in each space is in fact there. There is no error."
The cemetery agreed to disinter the body -- on the condition that if Fletcher's mother is indeed in the correct grave, Fletcher has to pay $900. "That's the low-end cost," Vorpahl says.
Dolores Gallegos celebrates holidays at the cemetery. Her grandmother was buried at Hollywood in 1940, and Gallegos grew up playing in the drainage ditch and spending special days with the dead. Her family owns ten plots there. According to a letter Gallegos wrote the funeral commission last spring, in October 2001 someone else was buried in the plot she bought for herself. She wrote that Olmos assured her that the trespassing corpse would be removed immediately. A couple of weeks later, Olmos asked that she meet with him, because the area had been remeasured and he said there were inaccuracies as to the space numbers.
Olmos wrote an e-mail to the funeral commission's investigator saying that "the platted map for this area is difficult to distinguish" and it was hard to tell if the deceased was buried in Gallegos's space or if she was buried in an available space that was between the plots Gallegos owned.
Gallegos wrote the commission that Olmos showed her a "new map" of the cemetery that had an additional grave drawn on it. She chronicled that the cemetery tossed dirt on the road in order to make it look like another grave was there. To further the illusion, she wrote, the cemetery took her family monument off its base and moved it a foot to the right.
"If this could happen to us, a family that has always kept close contact with our gravesites, what about those whose family members never visit?" she wrote state officials.
In an e-mail dated February 28, Olmos wrote to the Department of Banking that Gallegos's space was indeed "sold to an at-need family that already had loved ones buried next to" Gallegos's family. The family of the deceased refused to have her body moved, so Olmos wrote that his insurance company had advised him to offer Gallegos free plots.
According to Olmos's correspondence, Gallegos requested the attorney general investigate the matter. But when contacted by the Press, the attorney general's office had no record of any complaint, request or investigation.
Gallegos told the Press to talk to her attorney at John O'Quinn's office, who did not return repeated phone calls.
In May, Rebecca Gonzales placed a bouquet of silk sunflowers and multicolored roses in the vase on her father's headstone. Gonzales's 51-year-old father died in 1997. She found a dollar-store picket fence around the plot to the left of her father's grave, where she plans to eventually bury her mother. Gonzales tore the fence down, but the next time she visited it was back; Patricia Flores had left her brother's business card and a note asking that Gonzales please leave the fence because it marks her mother's grave.
Gonzales called Flores and told her that the plot was empty and belonged to her mother -- her mother's name is already engraved on the double headstone beside Gonzales's father. But there are only about three feet separating the top of Flores's mother's grave and the headstone.
"The way they had the grave markers set, a midget wouldn't even fit there," Rojas says.
Cemetery officials initially told Gonzales that the plot beside her father was not her mother's; they said they intended to bury her mother on top of her father's corpse. "We buried my dad real deep down -- they said my mom's supposed to be on top," Gonzales says. "They said you can bury people on top of people."
Officials then explained that her father was buried in the plot above where she thought he was -- but she insists that is her uncle's grave. "We have pictures from the day of the funeral," she says. When her uncle was buried, they moved her father's headstone so they could lower the casket, and they never put it back in its proper place, she says.
Her family's paperwork didn't match the cemetery's records, she says. "You could tell they Liquid Papered it. They went back and changed a lot of things," she says. "They don't know really where my dad is buried at."
She asked for his charcoal-colored coffin to be exhumed, but the cemetery told her she would have to pay for it, and like Fletcher, she didn't want to. Gonzales says the cemetery's attorney convinced her lawyer and one of her sisters that her father is buried in the proper place. "He's there," says her sister, Debbie Vasquez. "We just misjudged."
Olmos e-mailed the banking department that the matter was resolved. Still, Gonzales is convinced that the cemetery is lying to her. "I don't feel like my dad's there," she says.
Irene Longoria told Rojas and Flores that she planted red flowers on her husband's grave because she couldn't afford a headstone. The cemetery's graves are close together; she just gardened on the wrong grave, the cemetery's lawyer says. "It's very different than suburban cemeteries," Vorpahl says. "Things are tight. It's almost understandable that somebody could place flowers at the wrong place."
The cemetery told Flores that Longoria's husband, Pablo Longoria, was really buried next to their father. "They kept coming up with different excuses about what was wrong and why it was wrong," Rojas says.
Flores says the body buried beside her father was exhumed and moved to a new spot. "We don't know if it was Dad that was taken out," Flores says. The cemetery staff said they would call her so she could see if it was her father's silver-gray casket, but they didn't.
Notes made by the funeral commission's investigator say Longoria was offered six free plots. "Unfortunately," the investigator wrote, "at the time that Ms. Longoria buried her husband, she was sold two more plots right next to his grave but those were plots already being used by members of the Rojas family. This has only made matters worse as far as credibility with other families involved."
When contacted at the hair salon where she works, Longoria said she couldn't discuss the matter. "I have everything settled, so I cannot talk about it. I'm not allowed."
She said to call the cemetery, but all Olmos said was that it was very serious and very sacred.
Juan Garcia's father, Juan Escabado, died in 1947 when Garcia was seven years old. There was never a marker or a headstone on his grave. Three years ago, when Garcia's mother died, Juan Garcia found his father's death certificate among her possessions and took it to Hollywood Cemetery intending to erect a headstone. He says the manager pulled a dusty book out of the back vault and found Juan Escabado's name on the yellowed pages -- but the man said he was too busy to take Garcia to the grave. "He didn't have no time," he says.
Whenever he visits his brother's grave he asks the office for help finding his father.
"For three years I have gone back, and I still haven't found where he's at," says 68-year-old Garcia, who is active in the Texas Korean War Veterans Association. "They never showed me."
He's convinced that his father's grave has been resold to somebody else. Garcia canvasses the bayou, passing grassy graves and broken headstones, hoping to find his father. "I'm always looking," Garcia says.
Olmos insists that he doesn't know who Garcia is.
"There's lots of Juan Garcias in the city," Olmos says.
On an early April afternoon, Garcia once again took his father's death certificate to the cemetery office. He asked Olmos to help him find his father's grave. "He said he had to look it up and it would take some time," Garcia says.
Garcia says Olmos disappeared for 20 minutes. When he returned, Garcia says, Olmos told him there were five people named Juan Escabado buried in the cemetery. Olmos took him to the grave of Juan G. Escabado and stuck a temporary marker in the ground.
"My dad didn't have no middle initial," Garcia says. "I bet you there's nobody there."
A rainstorm washed away the granite government-issued stone marking the grave of Sally Tapia's father, World War II veteran Private Domingo Tapia. "We found his headstone about 25 or 30 feet from where it was supposed to have been," says the 57-year-old retired bail bondsman clerk. She doesn't think the cemetery put it back in the right place.
About a year ago, Tapia says, a 12-year-old boy was buried partially on top of her mother's grave. She says the child's parents made a sandbox memorial for their son that covered a third of her mother's grave. "We fought and fought and called the [cemetery office] and we never got any results," Tapia says.
Olmos says he doesn't know who Tapia is either. "The family has never approached us about a concern," he says.
Dolores Torres filed a lawsuit against Hollywood Cemetery in June, accusing its staff of moving her daughter's grave without her permission. According to the original petition filed in Tyler County, Torres's daughter Angela was buried at Hollywood 18 years before the cemetery exhumed the body and moved her to another grave. The suit accuses Hollywood of mishandling a corpse and exhuming and moving a body without prior notice or proper permission.
Hollywood Cemetery categorically denied every accusation. "We had authorization from another family member," Vorpahl says. Vorpahl says that according to notes in her file, the deceased's sister told someone in the cemetery office that she wanted her family's graves to be together. "We told the sister we would move her sister for free to another area where they could have contiguous plots, and she agreed to that," Vorpahl says.
The issue at hand, Vorpahl says, is whether the sister had the authority to make the decision. She says she doesn't know if the mother agreed to having her daughter moved or if she was informed prior to the move.
"I'm confident that the person at Hollywood Cemetery thought they were dealing with the right person," Vorpahl says. "Nobody's just going to go be a jerk and go move someone just to be mean and to cause a mother grief."
The case was settled last month by the cemetery's insurance carrier. Nancy Laha Clark, the attorney representing Hollywood's insurance company, said there is a confidentiality agreement regarding the settlement so she could not say if there was any truth to the allegations.
Joyce Regian's last wish was to be buried at her ex-husband's feet.
Her daughter, Wanda Dowlearn, bought three plots at Hollywood Cemetery. Because her mother weighed more than 400 pounds, she needed two plots for the oversized casket. She bought a third plot so she could be buried at her mother's feet.
The day after her mother's mid- October funeral, Dowlearn discovered that her mother wasn't buried in the plots she had purchased. Instead of being buried beneath her ex-husband's grave, Regian was buried catercorner.
"There's three fucking graves I bought, and they didn't get her in one of them," Dowlearn says.
She told cemetery officials to move her mother immediately before friends or relatives discovered that she had broken the last promise she made to her mother. Dowlearn says cemetery officials said they would be happy to move the flowers and the headstone -- that way no one would ever know.
She refused that offer, called HPD and filed a report.
Dowlearn says Olmos repeatedly acknowledged the cemetery's error and told her it had happened before. Olmos recently told her Houston attorney, Gary DeSerio, that he cannot move her mother to the plot the cemetery sold her because someone else was buried there in 1991. She can't keep her mother in the grave she is buried in because it belongs to the wife of the man buried at the foot of her mother's grave. (And, since there is already someone buried beneath her mother, now Wanda Dowlearn can't be buried at her mother's feet.)
Olmos told Dowlearn he would move her mother so she was buried at Dowlearn's stepfather's feet, erect a red marble bench between the graves, and cover them both in granite slabs so grass won't grow on top of them. After three months of his promises not being fulfilled, she hired an attorney.
In an e-mail to state officials, Olmos wrote that Dowlearn's mother was "not buried equally in the oversized burial space." When asked about Dowlearn, Olmos says he is waiting to hear from her attorney.
Dowlearn wanted the matter to be resolved before March 22, which would have been her mother's 58th birthday. A week later, her attorney notified the cemetery that he has a petition ready to file alleging violations of the deceptive trade practices act, breach of contract and negligence.
"There was an agreement to move her mother such that she would be at the foot of her [step]father. Then they came back and told me that 'No, we're sorry, we can't,' " DeSerio says. "It seems to be quite a bit of confusion as to who's buried where and their own record-keeping seems to be suspect."
Five months after her mother's death, Dowlearn continues to pay the rent on her mother's house as well as the water, gas and electric bills. "Because she's not in heaven yet," she says. "She's stuck here because of the motherfuckers at the cemetery." She says her mother's spirit is trapped on earth because she hasn't been properly laid to rest.
Dowlearn's biological father died in January. She couldn't afford to bury him, and she didn't trust the cemetery to put him in the right place -- so she cremated him and keeps his ashes in a black shopping bag.
Cemetery officials told her they don't know who is buried in the grave beside her mother. Because she no longer trusts Olmos, she took a breaker bar and probed her stepfather's grave. When she stuck the rod into the ground, she didn't hit anything. "For eight years I've been putting flowers on an empty grave," she says.
The grass is thick and weedy over Rick Rojas's parents' graves. Theirs are the only two plots on the hill that haven't been mowed.
He and his sister and their six brothers filled out the next-of-kin paperwork to get a permit to exhume their parents. Flores says Olmos told her it would cost about $6,000. Her parents' funerals each cost nearly $8,000, and since she isn't working and barely has the money to pay rent and feed her two sons, she can't afford it.
Flores and her brothers still have several unanswered questions and concerns. For instance, Rojas says his father was buried six feet under -- but his mother's grave is only 18 inches deep. "Is there somebody underneath my mom?" Rojas asks. Probing their mother's grave with a coat hanger, they hit her coffin immediately, Rojas says, and his brother thinks he felt something beneath it.
Minor errors in the cemetery's paperwork concern them. On the cemetery's death certificate it says their father was buried seven hours before he died. Flores and her brothers considered putting up a banner saying, "Are you sure your loved one is buried here?"
They spoke with a couple of attorneys but were told it would be hard to fight and harder to win. No one took the case. Flores doesn't really want to file a lawsuit. "I just want to make sure my parents are there," she says. "They told the news that I was confused and that I was crazy and I didn't know where my mom and dad were."
Flores says that when the cemetery approached her about a settlement, she said she would consider it only on the condition that they exhume her parents and move them to another cemetery. "I want them out of here," she says.
In an effort to shut her up, Flores says, Olmos offered her a job, three free plots and to pay full tuition to send her son to St. Thomas High School.
Olmos might have offered her some free plots, Vorpahl says, but she is adamant that Olmos most certainly did not offer to send Flores's son to private school or bribe her with a job. But the employment and education were discussed, Olmos says. "We were sharing," he says. They were talking casually about their faith and their lives (since much of his job entails counseling people who are grieving); since he graduated from St. Thomas, he mentioned that there are scholarships her kids could apply for -- that anyone can apply for. And as for the job, he said that since Flores said she was unemployed, and because she is bilingual, he mentioned that his cousin was looking for a receptionist and maybe she could fill out an application.
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"We were speaking very candidly," he says. "I have never done anything that is not ethical."
Every morning when she drops her sons off at school Flores drives down the cemetery's sloping hill and parks her gold Ford F-150 in front of her parents' graves to make sure the plots remain undisturbed.
Her sons play baseball across the street at Moody Park. From the diamond, Flores can see her parents' graves. Every afternoon she stands by the fence and watches.
"I don't know if they're there," Flores says. "I just know that's where I left them."


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In 1997, Hollywood gave us a dramatic view of the crash of the unsinkable Titanic. Last month, the movie was re-released in 3-D. In a recent blog for the Harvard Business Review, Mark Bonchek made a list of business lessons he learned from the Titanic. His blog led to this column topic.
The movie depicts a huge iceberg looming over the Titanic. In actuality, the iceberg was rather small. It was not as high as the bridge and didnt even make a huge hole. It was difficult to see because the surface had melted into a mirror. Six warnings were received, but all were ignored.
This is interesting, but what does it have to do with business? When talking about threats, humans tend to think of them as big and easily recognizable. Somehow these giant menaces sneak up with no advance warning and cause problems when we are not looking. Some disasters happen that way, of course. Tornados and earthquakes strike with little or no warning and can seriously injure or destroy a business. However, that is not how most businesses are derailed.
Many, perhaps most, risks make themselves known through changes in the business financial statements. In an actual example, a business was informed by its adviser that accounts receivable were creeping up, but no plausible reason could be seen. This warning was given three months in a row before the owner decided to look into it.
He was shocked to find his bookkeeper had embezzled almost $100,000 and covered it up via accounts receivable.
In another smaller, but no less disturbing, situation a firm was advised that the petty cash account regularly came up short about $800 each month. The warning came because the account was always short.
If it was a random situation, it should have been over or had excess cash in some months. In addition, the amount should have varied.
After a year, the owner was prodded into establishing a formal control over the fund. The shortages ceased that month. In both cases, the warnings were given, but were ignored.
Financial statement analysis is the basic tool for revealing disaster warnings. The above examples confirm that simple deviation analysis can indicate problems early when prevention or correction is more easily undertaken.
It almost goes without saying that preventing or quickly solving a problem reduces the ultimate cost to the business. Other straightforward analytic examples include monitoring inventory turns, gross margins and sales trends by product or service line.
The current economic downturn and financial stress has resulted in many unexpected disruptions and bankruptcies.
An aerospace manufacturers supply line was adversely affected by a number of such disruptions during the past three years.
Although quite costly, the firm believed there was nothing it could do to avoid them. Sophisticated financial statement analysis can, however, predict financial disruption and bankruptcy as much as two years in advance.
Understand how to detect threats while they are small. Dont ignore the warnings. Remember the Titanic.
firstname.lastname@example.com. Dan Bowser is president of Value Insights Inc. of Durango, Chandler, Ariz., and Summerville, Pa.


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I am wondering if anyone has had the same problem I have just encountered. After installing Mavericks, I installed the newest version of Garageband (10). I went to select POD Farm 2 plug-in, and it says it isn't authorized. The standalone version works and says it is authorized in my license manager.
Pod Farm 2 In Garageband 10 (new One)
Posted 22 October 2013 - 06:25 PM
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Posted 24 October 2013 - 03:40 PM
Same problem here. I have two amps and a few bass amps, like it's a limited version. I used monkey to get the latest update and nothing.
- 0
Posted 24 October 2013 - 04:01 PM
I did run the license manager again, but to no avail. New GarageBand is not making me very happy right now. At. All.
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Posted 25 October 2013 - 08:50 AM
I have the same problem. I've installed OS X Mavericks and the new GarageBand 10 but since then, i can't use my tone in the Pod Farm 2 plugin. Need help here!
- 0
Posted 25 October 2013 - 12:11 PM
Same problem. Fortunately everything works fine in the previous version of GarageBand; the GarageBand 10 installer didn't overwrite the previous version of GarageBand; and the new and old GarageBand can co-exist on the same Mac (or maybe this is the problem??? - I don't dare trash my old GarageBand to find out...)
- 0
Posted 27 October 2013 - 11:17 AM
- 0
Posted 27 October 2013 - 11:27 AM
Not only am I exactly in the same boat, I was going to try reinstalling podfarm 2but can't find the CD copy I got with my kb37! Line6, help us please! Sooo not happy with Apple right now!
You don't need the CD. You can get the latest version of POD Farm 2 here: http://line6.com/software/index.html
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"It is not our duty to understand the arbitrary, meaningless dictates of machines"
- Don Norman in The Design of Everyday Things
Posted 29 October 2013 - 11:22 AM
You don't need the CD. You can get the latest version of POD Farm 2 here: http://line6.com/software/index.html
Thanks phil_m -
The thing is I also don't have the license key I assume is with the CD. It was a long time ago since I bought the KB37 and installed podfarm 2.5. When I look at my registered line6 software associated with my profile, podfarm 2.5 is not in the list of licensed software I own.
Again, The podfarm 2.5 I got came with the my KB37. So it appears that when I installed it off the CD I didn't register with my profile. What can I do to getting this resolved without having to buy another license for $99?
Thanks - JJB
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Posted 29 October 2013 - 11:26 AM
the license is tied to your user account and registration date. there was never a code with the CD, the hardware itself houses the license.
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K9: Affirmative, Master. ♪♫ Un-named Work in Progress ♫♪
♪♫This twilight garden turns into, a world where dreams are real♫♪
Posted 31 October 2013 - 06:43 AM
Problem is in GB, i have LogicX and everything is OK(not in GB), update to POD FARM 2.56 not solve this
- 0
Posted 06 November 2013 - 02:00 PM
Today Apple release update GB to version 10.0.1 but problem still exists…
- 0
Posted 06 November 2013 - 05:05 PM
I've installed the GarageBand upgrade and i still not able to use my Pod Farm plugging in GarageBand 10. It's frustrating cause we don't have any information about it.
- 1
Posted 23 November 2013 - 06:00 AM
I've had a support ticket open for while now. The Line 6 tech said that they'd been in contact with Apple and the Apple said that the 10.0.1 update was supposed to address the issue, but it didn't help me.
FWIW, they'd asked me to perform the following steps to completely uninstall/reinstall. I'd be interested to see if anyone else had any luck using this process. Please don't do this unless you've got backups or feel comfortable with the steps:
-Throw away all versions of POD Farm 1 or 2 applications to the trash from the Applications/Line6 folder.
-Manually search in the following locations and delete any of the files found from within each of these folders:
-Library/Audio/MIDI Drivers
-Library/Frameworks (look for L6WXTG and L6WXTY.framework and delete them)
-Library/Application Support/Line 6
-Library/Application Support/Digidesign/Plug-Ins
-(Username)/Library/Application Support/Line 6
-Applications/Line 6
-User/Documents/Line 6
-User/Library/Preferences (Line6 preferences, should be something like com.line6.xxxxx, etc. Delete.)
-Empty the Trash.
-Next, go into Applications/Utilities and launch the Terminal application and type the following commands at the prompt:
cd // (then press the enter key)
cd /private/var/db/receipts (then press the enter key)
sudo rm -i com.line6* (then press the enter key)
-Enter your Mac OSX account password. Note: you will NOT see the cursor acknowledge any characters being input; you will need to type your system password correctly and hit "Enter"!
-Type Yes to every option/question to remove Line 6 software components (there will be a good number of confirmations, FYI).
-Repair disc permissions using the 'Disc Utility'.
-Restart the computer.
-Download and install POD Farm 2.56 from the link below:
MAC POD Farm 2.56:
Once POD Farm 2.56 is installed, close all other applications and launch the Line 6 License Manager application and de-authorize and re-authorize your UX1 making sure to 'remove' and 'install'. Close License Manager and than open Garageband and try again to insert POD Farm 2.56 as an effect.
- 0
Posted 04 December 2013 - 05:00 AM
This is a bug which we have identified and look to fix in a future release. There is no release date for this, but we are aware and working for a resolution in the future.
So, they're aware and working on a fix.
- 0
Posted 21 December 2013 - 01:54 PM
Same problem with a x3 live. I've tried the post #13 procedure but problem persist.
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Posted 15 January 2014 - 07:53 AM
I am having this same problem, PodFarm works fine as a stand-alone but says it's not authorized when I try to use it as a plug-in for GarageBand.
Has anybody had any luck with this?
- 1
Posted 09 February 2014 - 01:10 PM
I've been going back and forth with Line 6 Tech support for weeks now, still no luck. Since the problem is specific to GarageBand they're trying to pass me off to Apple tech support now. Has anybody found a way around this issue yet?
- 0
Posted 11 February 2014 - 04:57 PM
Here's the workaround: http://line6.com/sup...pod-farm-2-r609
Tony Reese
Line 6 Customer Support Manager
Posted 18 February 2014 - 09:05 AM
Here's the workaround: http://line6.com/sup...pod-farm-2-r609
Success!!! Finally!!! Thank you very much. I can finally stop using those hideous guitar tones from GarageBand \m/
- 0


text:
FSW Instructors
The NAWCC has invested in training and certification of each Field Suitcase Workshop instructor. They have years of repair experience and training related to these field courses and all teach from the same course material.
Instructors travel with a tool kit containing common class tools such as an Ultrasonic Cleaner, a lathe, bushing tool, spring winder, depthing tool, and many other tools not required of the student, but are available for the student to use under the supervision of the instructor
Mike Dempsey - Elm Grove, WI
Lehr Dircks - Loudonville, OH
Ferdinand Geitner - Santa Barbara, CA
David Gorrell - Millersville, MD
Jeff Hamilton - Tallahassee, FL
John Hubby - The Woodlands, TX
Bill Knaak - Alpharetta, GA
George Orr - Oklahoma City, OK
Lex Rooker - Norwalk, CA
Fred Tischler - Plano, TX
FSW Coordinators
Coordinators are a very important activity for the FSW program in the local area where classes are being organized and there are incentives for those choosing to become a coordinator in your area.


text:
No way she will just have sex with you guys
Holy fuck she can ride cock so good, come on over im next!!!!
ich spar mir bischen Sperma fuer diese tussy
lucky!!! I wish it would be me to tap that ass
i would pay her what ever se want so fuck her
This chick really knows who to ride a dick...I wish I could fuck her too. So fucking hot!!!
gosh shes amazing
Love how he uses his foreskin to squeeze out that last drop. And the chick is super foxy.
The second Cum is always the strongest...I give my girl a second one she screams her head off, then I CUM so hard I can't move!!
I just did two, almost three in a row....but no cigar.
she frickinh sexy!
elle est trop chaude je veux etre sucer par elle et un j aime si vou trouver aussi qu elle est belle et a de beaux sous vetement
Also bei der würde ich auch 2 mal kommen, mindestens :D
How many guys were jerking off?
this dude even can't blast a cum on the second cum..
I could do her better.
Probably the best swimming lesson ever
ooh i would fuck her so hard
haha, this isnt the first time he cums two times with rachel starr :)
she needs to fuck me
holy fuck just drained my nutz thanks!
she has some really nice tits
the second cumming of Christ(Jesus)
there should be a part two to this
When I was 20 I could come twice without loosing my boner.... Recently and 23 years later I tried the same with my wife and a girlfriend of hers.... I got a bloody nose....but did come twice...
i cant imagine fuck my women without cumming twice.
man i wish i could fuck her i mean wowowoww i can imagine it but i would proly get a std but geuss what I DONT CARE MUAHAHAH
i would fuck her so hard
viagra works wonders
I like this type of nurse who provide sex and health services
did she fucking queef?
Rachel Stars hot pussy would make me cum 5 times. Can i fuck you babe?
i just jizzed on the computer
Correction: he makes HIMSELF cum twice, by jacking off. Just like so many in American porn: has a sexy woman ready to do it for him and he finishes himself off. Disgusting gay poser. What a disappointment.
I could watch her fuck all day long!
can i when
i think if i was fucking that hot babe my nob would be like a missle would shed my load in a min would love to fuck her yum
I love Rachel Starr... she is so sexy! She can ride a cock like it's nobody's business!
i would do bieber ust to fuck her lol
i want sum of that big ass
Girls like that are the reason I got into porn.
does someone have her number , i want to fuck her.
What a lovely, young lady.
Love this babe - she is fucking awesome. Love the way she drives her arse on his cock - she it truly fucking him at times. Hot Hot Hot
rachel starr is simply perfect. the number one hfh
awesome cock and bj and lots of cum wish i was there to lap it all up..
this girl must be delicious
i would love to fuck her
How is this girl ???
Ms. Starr has 1 of the nicest set of tits Ive seen!
Are you going to keep fucking me? LOL That s some good shit
she should sit on my dick
right now im practicing cumming twice, kinda hard to pull that off, but i guess its something difference when a girl is in front of you.
That mexican can't handle that pussy!
damn shes got a nice ass
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text:
Read reviews about Power Drills - which are best for what? Read about Combi Drills, Combination Hammer Drills, Rotary Demolition Hammers, Percussion Drills and 2 Speed Percussion Drills. Add your own review and share your opinion with other users.
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Brand: GMC / Product Type: Hammer Drill
* Prices may differ from that shown


text: Reginleif 0 Report post Posted November 16, 2012 Dear Forum, This is a crucial question for our campaign:May a hero search a bone heap while it is occupied by another figure? Pro: - The rules doesn't obviate it: RtL rulebook, p. 26: Bone HeapBlock Movement? No Block Line of Sight? NoIt costs two movement points to enter a bone heap space. In addition, for two movement points, a hero in a bone heap space may search it. To do so, he rolls a black power die, consults the chart below, and then removes the bone heap. Searching a bone heap allows the overlord to play a trap (space) card if he wants to, and can afford to pay for it. - If it would be a door, it would be allowed: JitD rulebook, p. 26: Closed doors block movement, line of sight, and all attacks (even those that dont require line of sight). It is possible for both heroes and monsters to expend movement points to open or close doors, but only if their figure is located in a space adjacent to a doors closed position (including diagonals). It costs a figure 2 movement points to either open or close a door. Adoor cannot be destroyed by attacks and cannot be closed if the doors position (the line between the two front spaces and the two back spaces) is blocked by a large monster. together with: FAQ, p. 8 Q: Can a hero with Acrobat activate glyphs or take treasures (gold, runekeys) from under a figure that is occupying the same space as the item? Can a hero with Acrobat open a door in which both spaces in front of the door are occupied by figures as long as he does not end his turn in one of those spaces?A: Yes to all. If this causes a hero to become paralyzed or otherwise stopped in the space due to a trap, the overlord moves the hero to the nearest empty space of the overlord's choice. Note that this is a general way of resolving situations in which a figure would end its turn on the space of another figure (the player causing that situation gets to choose the space the figure is moved to). Contra: - If it would be a chest marker, it would be forbidden: JitD rulebook, p. 18 Chest MarkersChests found in the dungeon contain both good and bad surprises. Heroes do not pick up chests. Instead, a hero must move into the space containing the chest. A hero cannot open a chest if the chest is in the same space as another figure. Next, the hero must spend two movement points to open the chest. When a chest is opened, the marker is turned over to reveal a number on its opened side. The overlord then consults the Quest Guide to determine what the chest contains. Some possible contents are as follows:[…] Why is this question so crucial?+++Spoiler to the rumor "Derafin the Mighty"+++The heroes are in the third and last level of the rumor: "Derafin the Mighty". They have searched 3 of the 4 bone heaps, but now the last one is occupied by a nasty monster. All heroes are in Tamalir, ready to flee. But Astarra has the skill "Acrobat" and enough movement points to search the bone heap beneath the monster if she is allowed to do so. So here we are: Either the heroes flee and the rumor is lost, or Astarra sacrifices herself for 2 CT for the demon prince, but for +1 life token for each hero for the rest of the campaign, which is in mid copper level. Btw: I posted the same question at boardgamegeek and in the german Heidelbaerger Spieleverlag forum. Share this post Link to post Share on other sites


text:
The massive budget fight in Congress over deficit reduction threatened to shut down the U.S. government, but it also provided a massive opportunity – one that was completely missed. Members of Congress could have scrapped wasteful and environmentally destructive subsidies. They could have made decisive cuts and reallocations in the military budget. In the end Congress agreed to cuts totaling $38 billion, but another showdown looms over a vote to raise the debt limit.
They may have missed the chance to reorder spending toward what we would witness in a sustainable economy, but the fight is not over yet. Advocates of a fair and sustainable economy must continue fighting the following battles as the debt ceiling debate takes place:
I. Cutting Environmentally Damaging Programs. The Green Scissors report of Friends of the Earth and Taxpayers for Common Sense called for budgetary savings of $200 billion over the next five years, primarily by eliminating the subsidies to oil, corn ethanol, nuclear reactors and coal. Unfortunately, these cuts were not approved because the major campaign contributions from the well-heeled energy interests ruled the day.
II. Eliminating Nuclear Subsidies. Especially galling in the wake of the nuclear catastrophe unfolding at Fukushima, Japan was the failure of Congress to get rid of $46 billion in nuclear reactor subsidies. (See my last blog for details.)
The failure (meltdown) rate of the 442 nuclear reactors worldwide is an astonishing 1.5% – simply unacceptable, given the dire consequences that can unfold with a meltdown. Yet the nuclear energy lobby pretends as if a bet on the safety of nuclear reactors is like wagering the sun will rise in the East, when in fact the bet more closely resembles a game of Russian roulette.
As Nobel Prize winning economist Joseph Stiglitz put it: "when others bear the cost of mistakes, the incentives favour self-delusion. A system that socialises losses and privatises gains is doomed to mismanage risk." (Guardian UK April 6, 2011)
III. Foiling Tax Dodgers. Experts on tax havens estimate that the U.S. Treasury loses about $100 billion each year as a result of money being placed in offshore accounts, for example in the Cayman Islands. Major corporations like General Electric, Exxon Mobil, Verizon and Boeing avoid paying tax because they know the techniques of taking all the profits in tax haven countries and allocating all losses to higher tax jurisdictions. Nicolas Shaxson's new book Treasure Islands describes this massive tax dodging that is occurring worldwide.
IV. Reallocating Money Used for Weapons and War. Finally, the military budget was untouched save for one boondoggle fighter plane that both Republicans and Democrats found unpalatable. Thus, the U.S. military budget of over $700 billion – more than half of the total military spending in the world – perpetuates the global arms race America is having with itself. The big outrage is that of the more than $1 trillion spent to date on the wars in Iraq and Afghanistan, most has been done "off budget" under emergency appropriations. And all of this spending is aimed at stopping less pressing threats. The greatest security threats today come not from military sources but from the environmental destabilization of the life-supporting ecosystems of the earth.
Afghanistan is an ongoing tragedy spurred by such warfare spending, whether by Russia (USSR) or the United States. The awful incidents in which civilians have been bombed are exactly what can be expected in this kind of military conflict. It costs about $1.2 million a year to keep a U.S. soldier in Afghanistan. For that amount of money, New York Times columnist Nicholas Kristof points out that twenty schools could have been built for the children of that country. Mountain climber Greg Mortenson has successfully carried out a school construction program in Afghanistan, described in his book Stones into Schools: Promoting Peace through Education in Afghanistan and Pakistan, but he has to scramble for money.
We are coming to the point that every dollar spent on wars in places like Iraq, Pakistan and Afghanistan harms rather than improves our security in two ways. First, it alienates more and more of the civilian population, and second, it wreaks havoc on the land, rendering much of it poisoned, degraded, and incapable of supporting life. Afghanistan is a case in point.
Now is the time to reduce military spending and demand that at least one fifth go into a program to shift to a sustainable economy and to restore degraded watersheds. Lester Brown, in his latest book World on the Edge, calls for $200 billion per year to be spent on clean energy, empowerment of women, and ecosystem rehabilitation.
Expenditures like these would characterize the refreshing budgets that would emerge as nations shift to a steady state economy. But to transition to a sustainable economy, we need to start winning the four fights described above.


text:
10 oz. of delicious promotional snacks with a custom centerpiece and a choice of two premium confections.
These promotional cookie gift boxes offer a delicious opportunity to promote your brand, introduce new products or thank your special clients.
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text:
In re Matai Title "Tauala",
LUA VASA TAUALA, Claimant
TA'AVASA F. FALESIGAGO TAUALA, Objector
[In the Matter of the Matai Title
"TAUALA" of the Village of Ta'u]
High Court of American Samoa
Land and Titles Division
MT No. 6-88
May 29, 1990
When an Associate Judge of the High Court made a comment during trial that a party had obstructed the installation of a chief who was a cousin of the judge's wife, this relationship was too attenuated and the incident too peripheral to require disqualification of that judge.
Waiting until after a trial to move for a judge's disqualification is highly improper; doing so constitutes a waiver of the objection.
The Court must make its assessment of family support for a matai candidate as of the time of trial.
Statute which lists the priority of criteria with which the Court is to evaluate matai candidates requires only that the Court give more weight to each criterion than to each of those which follow it; some consideration should also be given to the relative margins by which various candidates prevail on each of the four criteria. A.S.C.A. § 1.0409. [15ASR2d66]
Before REES, Associate Justice, TAUANU'U, Chief Associate Judge, VAIVAO, Associate Judge, AFUOLA, Associate Judge, and MATA'UTIA, Associate Judge.
Counsel: For Claimant, Charles V. Ala'ilima
For Objector, Togiola T.A. Tulafono
On Motion to Reconsider or for New Trial:
We held that Ta'avasa F. Falesigago Tauala was entitled to hold the Tauala title of the Village of Ta'u, Manu'a. The losing candidate, Luavasa Tauala, brings this motion for reconsideration or new trial. We address the grounds for Luavasa's motion in the order in which they were raised.
I. Disqualification of Associate Judge
Luavasa argues that one of the four Associate Judges on the panel should have disqualified himself. This argument is based on a suggestion made during the trial that Luavasa had obstructed the installation of a chief who is a cousin of the judge's wife. No motion to disqualify the judge was made during the trial; the issue is raised for the first time by way of the present motion.
A motion to disqualify would almost certainly have been denied even if it had been timely made. Although extended families are more important in Samoa than they are in most Western cultures, the relationship involved in this case was too attenuated and the incident in question too peripheral to require disqualification. If the judge's wife were herself a member of the Tauala family, or even if her cousin were himself one of the contenders, disqualification would probably be appropriate to avoid the appearance of impropriety. If, however, a Samoan judge were required to disqualify himself whenever a party was alleged to have opposed or offended one of his wife's cousins, it would frequently be impossible to assemble a quorum of the Court.
Such a rule would also work to the peculiar advantage of certain kinds of litigants: the more people's cousins somebody had offended, the better his chances of trial by the judges of his choice.
The incident, moreover, was barely mentioned at trial; it was not specifically discussed in the Court's opinion; and, contrary to the [15ASR2d67] central assumption behind the present motion, it played no significant role in the Court's deliberations. It was one in a string of instances in which Luavasa was alleged to have been inappropriately combative or high-handed. Several far more egregious instances of such conduct---principally Luavasa's own repeated violations of statutes and court orders during the ongoing Tauala title controversy, and his role in the installation of an illegal claimant to the Sotoa title---did figure heavily in the Court's decision. These instances alone would have compelled our conclusions about this aspect of Luavasa's character. (Even these, however, were overshadowed by other character issues and by other issues altogether. Exclusions from the village council and similar incidents consumed only a few lines in a twenty-page opinion.)
Last but not least, it is highly improper to wait until after the trial and then move for disqualification of the judge. Counsel tries to get around this fundamental rule by suggesting that he and his client did not know before trial that this incident would be brought up. This is no excuse for failing to suggest disqualification after the incident was mentioned at trial. Counsel then suggests that he had no way of knowing that it would be significant to the Court's decision. It was not; but even if it were, Luavasa would have waived his objection by waiting to see which issues would impress the Court (and, not incidentally, who would win and who would lose) before moving to disqualify the judge.
II. Support of the Clans---Factual Contentions
Counsel takes issue with our findings of fact relating to this criterion. We reiterate those findings, with the following additional observations:
a) The "Samoan Affairs letter" on which counsel relies was shown to have been written not as a result of any family decision made in the presence of the Samoan Affairs official who wrote the letter, but because the Samoan Affairs official was told by some unidentified person or persons that Ta'avasa had agreed to withdraw his candidacy. He denies having made such an agreement, and never did withdraw.
b) Although it is apparently true that Tunupopo Laeli is not a registered matai ---and although we do not approve of his failure to register his title in accordance with law ---we did not rely on him for any proposition on which registration would substantially enhance the probable accuracy of his opinion. It is undisputed that he was chosen by the family, with the support of Luavasa himself, for a position of great [15ASR2d68] respect and authority within the family. His statement that many people the family support Ta'avasa is important evidence, as is his personal support of Ta'avasa.
c) The two recent family meetings on which counsel places his heaviest reliance were not shown to have been representative enough or deliberative enough to be indicative of "the support of a majority or plurality of the clans." The most recent meeting, the only one of which w~ were presented with detailed evidence, was called on the eve of trial by a prominent supporter of Luavasa and appeared to consist entirely of eight speeches.
d) We hope and trust that we did not "def[y] all logic" by suggesting that some of Luavasa's support was generated by his having illegally undergone the formalities requisite to assumption of the Tauala title. As counsel well knows, many Samoans attach a quasi-sacramental importance to such ceremonies. As opposing counsel put it in 1976 in his application for an order to restrain Luavasa from participating in the pa'i faleula, the person who underwent this ritual would be regarded as the Tauala "in the eyes of the family, the village and the whole Samoa"---no matter what the law said and no matter how many family members did not wish him to undergo the ceremony.
The Court order restraining Luavasa from undergoing the ceremony, and the subsequent orders restraining him from holding himself out as the Tauala, were issued partly in order to ensure a level playing field while each candidate sought to gather and demonstrate support within the family. Luavasa defied these orders. In so doing he bained some of the tactical advantages the orders (and the statutes on which they were based) were designed to deny him. We did not and do not say that no candidate who illegally assumes a title can ever prove that he has the support of the family. Nor, however, could we simply ignore this factor in our assessment of the candidates' relative support. Its effect was to take a muddled situation and muddle it even more.
e) Finally, Luavasa makes the ironic claim that the Court ignored clear evidence of his overwhelming support by failing to give him credit for this person or that one who formerly supported him but who now supports Ta'avasa. This is irrelevant, if not positively harmful to Luavasa's case. The Court must make its assessment of family support as of the time of trial. Assuming the truth of Luavasa's assertion that Lefiti, Laeli, and others formerly supported Luavasa but later [15ASR2d69] became angry with him and went over to Ta'avasa, they still count as supporters of Ta'avasa.
III. Support of the Clans---Legal Contention
Even if we had found that Luavasa had the support of the plurality of the clans, it would have been a close decision. Under the circumstances of the present case, a relatively indecisive showing on this criterion would have been outweighed by our stronger findings for Ta'avasa on the third and fourth criteria.
Counsel for Luavasa, however, seems to argue that a finding for one candidate on the second criterion outweighs findings for the other candidate on the third and fourth criteria, invariably and as a matter of law. He bases this argument on the statutory mandate that the Court "shall be guided by the [four statutory] considerations, in the priority listed." A.S.C.A. § 1.0409. The first of these considerations is blood relation to the title; the second is support of the clans; the third is "forcefulness, character and personality" and "knowledge of Samoan customs"; the fourth and final criterion is "value. ..to the family, village and country."Id.
We read the statute to require only that we give more weight to each criterion than to each of those that follow it. This is not inconsistent with the idea that some consideration should also be given to the relative margins by which various candidates prevail on each of the four criteria. Thus a strong showing on the second criterion could outweigh a relatively weak one on the first criterion ---so that, for instance, a candidate with strong family support and a "25% relationship" to the title could prevail over a candidate with weak family support but a "50% relationship." Similarly, an Eagle Scout with abundant knowledge of Samoan custom and strong family support might prevail over an axe-murderer with no knowledge of Samoan custom but slightly stronger family support.
More to the point, a candidate might win by tying his opponent on blood relationship; making a creditable but not quite victorious showing on clan support; and prevailing hands down on character , knowledge of Samoan custom, value to the family, etc. This would be the situation in which Ta'avasa would find himself if we had found Luavasa to prevail on the clan support criterion. [15ASR2d70]
We are acutely aware of the danger that giving excessive weight to "subjective" aspects of the matai selection statute could lead to the Court's imposing its own values over against those of the family. We try to guard against this tendency; it is not going too far to say that we agonize over it. The statute, however, explicitly requires us to give some weight to each of the four criteria and to make written findings on all four. See A.S.C.A. § 1.0409(d).
The alternative interpretation of the statute suggested by counsel would seem inconsistent with these statutory requirements. If a finding f(Jr one candidate on the first or second criterion necessarily precluded a victory for another candidate who prevailed on subsequent criteria, then it would be superfluous to consider the subsequent criteria at all. A son ()f a former matai would have a "50% blood relationship" and would always prevail over a grandson, who would have only a "25% relationship, " regardless of their other qualifications. This has never been the law.
IV. Character, Value to the Family, Etc.
Counsel for Luavasa primarily objects to the relative weight we attached to various undisputed facts respecting the third and fourth statutory criteria. We have considered the arguments of counsel and stand by our original opinion on these matters.
Counsel does, however, raise one factual contention that must be addressed. He asserts that the crimes Luavasa committed while in the military were "apparently minor AWOL charges." At the hearing on this motion the Court pointed out that the record was at least as consistent with serious crimes as with minor ones. The Court also observed that Luavasa's testimony and demeanor when confronted with the charges did not seem consistent with the proposition that they were trivial infractions. In our original opinion we were not so much concerned with the crimes themselves as with the fact that he lied under oath when confronted with them. Since Luavasa himself seemed to be putting the seriousness of the offenses at issue, however, we offered his counsel an opportunity for a supplemental evidentiary hearing on this issue. Counsel declined this offer.
We note also counsel's positive assertion that there were only two courts martial. The record is at least as consistent with the proposition that there were three. Luavasa finally admitted to two, after initial denials and evasions. When asked a detailed and specific question [15ASR2d71] about a third court martial (whether he was not also convicted "on October 24, 1967," of "making. ..a false statement with intent to deceive") he did not deny it but said he did not remember.
Accordingly, the motion is denied.
It is so Ordered.


text:
Happy to see Ross making shots today.
Happy to see Ross making shots today.
Best Ross game in a long while.
Acy having a good game as well D-League really really helped him. his pick up was a mystery to me but hes a good guy to have around. ENERGY! In all Caps.
Why I feel this match is rigged up?
*Weird feeling*
wooo Raptors win
Last edited by rocwell; Tue Apr 9th, 2013 at 10:28 PM.
Any word on how JV is?
@Eric__Smith 2m
The #Ratpors win 101-98. On the frenzied final play, Valanciunas hurt his neck (or so it seems). Still being tended to on the bench. #RTZ
"Docs checking Valanciunas neck. They have a stretcher coming out"
doesnt sound good
They're putting him in a neck brace according to Fan590.
He has motion in his hands/arms.
He's sitting up, but they're going to use a hardboard on the stretcher, so it all sounds precautionary. If someone here is a doctor and is listening to the broadcast there's probably enough to make an educated guess.
Lots of Lithuanians cheering for him. That should lift his spirits. Colangelo told the broadcast team of mike that it's whiplash and he's being taken in for tests.
Radio team did an excellent job reporting what was going on. Big thumbs up to them.
Last edited by rocwell; Tue Apr 9th, 2013 at 10:55 PM.
Scary JV moment hope its nothing serious. Nate Robinson is a great guard off the bench big game he brought them back that jump ball was silly it was out on Chicago. Lowry and DeRozan had very good games.
Shouldnt be too serious.Holly MacKenzie @stackmack 4m
RT @RaptorsMR: Valanciunas sustained a whiplash-type injury in final seconds. Taken to Rush Presbyterian Hospital for precautionary testing.
There's multiple Twitter sources confirming the hospital visit is just precautionary. Thank the lord.
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Thats a lopsided matchup.
Melo had no help from his teammates for two important reason:
1) Melo (just like Marbury) dont practice with his teammates.
2) Melo started the season off being a BALL-HOGGER for 45+ minutes in each of the first 30 games.
At the beginning of the season u heard every commentator say, "Melo have his teammates standing around on offense.".
In the middle of the season, u heard several commentator say, "Melo's high minutes and touch of the ball should be averaging 5 to 7 assist per game.".
We had strong rebounders in Tyson, K-Mart, Amare, and MWP, why weren't they assigned to be our defensive-rebounders in training-camp, and the pre-season games?
u dont get it .. if I worked for the NBA in any capacity then I would have to defend and justify all Melo's flaws (just like u) to keep my steady paycheck. But I dont.
We all should know Dolan invested millions $$$ on Melo receiving outstanding publicity throughout his Knicks contract as the wall paper of the Knicks.
For u not to know or admit the high minutes of playing time given to a stat pushing star Melo had 95% to do with each of the 44 losses this season, then ur B.Ball IQ will be in question.
The only help Melo needs is a player that is going to keep the ball out of Melo's hand, plus a headcoach who have confidence in lineups without Melo.
Lastnight Loss wouldve been a Knicks win if Woody would've told Melo to sit back down on the bench during the 4th qtr., until his name was called.
So as a coach u put your star player in who is having an aweful game because he is injuerd, then you see him grimace everytime he tocuhes the ball, so then you have him bring up the ball every time and then you have him take the last second shot with no set play.....whats your logic ?
Clyde Frazier said it about 3 times why is Woody making s Subsitiution when the 5 guys on the floor have such continuity and have given the Knicks a 5 point lead........CHIEF do u disagree ? I mean u want to talk about Basketball IQ......if something is working and looking really good why oh why WOULD U RUSH TO PUT IN AN INJURED PLAYER WHO IS STRUGGLING THE WHOLE GAME ...9 TURNOVERS....Thats not characteritics of Melos game....so obviously something is wrong......
U more then anyone worry about scoring....the guys on the floor went up by 5 SO YES someone was scoring.
Like I said I hope Melo sits out tomorrow so all y'all **** talkers can stfu... Real talk you criticize the best player on the team... Relentlessly yessir but all other 11 are issued passes; that's right Melo sucks because he can't play 1 on 12 but I'm the dummy sure thing I Melo sits tomorrow so you idiots can find another punching bag
The reason I miss "Crazy 8" so much in KO forum are Crazy8 wouldve put up the video of the last 7 minutes of this game, then linked it with the last 5 minutes of the no time-out loss to the Wizard early in the season. Where Melo carry more of the blame for the loss then puppet-woody.
Melo is not a 40+ minute player .. 33 minute player (if Phil Jax keep the threatening opt-out player).
When Melo threaten to "OPT-OUT" at the start of the season, owner Dolan shouldve made puppet-woody change Melo role into a 28 to 32 minute player to give other players playingtime minutes.
JimChief .... how well did the Knicks season go with Melo ball-hogging in every lineup in a 48 minute game???
The NCAA FINAL 4 teams has better team-chemistry on both sides of the court than the Melo-Knicks.
If u r a "Delusional" Knicks fan from 2005 then u know 6.8 SF Trevor Ariza best talent/skills.
Melo played 38 minutes, Ariza played 36 minutes.
Melo had 10 pts, and 9 turnovers, which means Ariza played to his best talent/skills.
I guess the same shoulder was bothering Melo when he went to the WC finals in 2009, to bumb heads with defender Trevor Ariza in a series. LMAO
Melo should sit why ? is he injured ?
Oh and if your argument is that he is then why put him back in when the team in went up by 5 with scoring and defense......Ok so put him in as a decoy or whatever BUT why does a player who is injured go back in and insist bringing up the ball despite 3 turnovers in 5 minutes and 6 before that.....CHIEF....think ????
You're traumatized at Melo's EPIC failure this year in the clutch. He's been a complete utter abomination and that's putting it nicely. If he had converted at least 20% of our clutch situations this year we'd be a playoff team. Or if he allowed someone else a chance at HERO BALL maybe we'd be a playoff team but he wants all the glory and when he comes up short as he has a myriad of tries this year....he either walks off the court in a haste or smiles like he's still cooler than ice that's what naturally built punks do.
Now we're looking at 2 yrs in a row as the season closes him complaining about his shoulder and his lobbyist lapping it up like a dog drinking water out of his doggy dish in the heat of the summer.
For the record I didn't not watch today's matinee game against the Heat, did not care to. The last 30gms of the season I haven't taken watching this team seriously. I've probably watched about 60% of the games over this stretch. They haven't been enjoyable to watch even when they win. This season has been a disaster and say what you want about Smith and Stat coming on late it still doesn't nullify Melo's in ability to show up in the clutch. I also told you guard play is the biggest gauge to our success not Melo's play......because Melo pretty much puts up his career numbers on most nights whether he shoots under 40% fg for a 3rd of the season or not.
I could clearly say the past 3-4gms if J.R. Smith doesn't put up the numbers he has we easily get blown out in apologetic fashion yet you'd ask me to look deeper into Smith's season as a whole for his responsibilities of failure. I've been asking you all season to do the same for Melo but you won't because you're maddenly in lust over him. I've underlined 2 points in my post reason alone Melo deserves blame among other things he's done to shape our season. Make no mistake about it though we lost as a team as we have all year.....everyone is responsible for this train wreck season.


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August 23, 2009
Boo Boo Talks About Landing 'Seth'
14 comments:
what?! a movie AFTER breaking dawn? .. wtf.ReplyDelete
anyone got any idea?.. it can't be midnight sun, cuz thats too mush like twilight.
- AnonymousAugust 23, 2009 at 3:39 PM
ah he is so cute and soo awkward! baha BUT LOOK AT THAT BODY HOLY SHITTT!ReplyDelete
i dont understand the whole eextra movie? that doesnt make sense
me neither..ReplyDelete
but yeah, he's HOT!
- AnonymousAugust 23, 2009 at 3:49 PM
maybe he heard summit say s.th. about three more movies, but maybe summit was counting NEW MOON as well, as it has not been released yet. so then it would make sense. i doubt that they will split BREAKING DAWN into 2 movies. i bet BREAKING DAWN will be LONGER than the other parts, but it surely wont be divided into 2 movies.ReplyDelete
- AnonymousAugust 23, 2009 at 4:13 PM
I think hes probably unfamiliar with the saga and is getting mistaken and saying there are 5. Not all the cast members will have read the books.ReplyDelete
Boo x 2 is a dollface. I think he'll be a great Seth . . . pretty much like I pictured/hoped he'd be like.ReplyDelete
I wonder how much the 'ab factor' counts in the auditions? I'm not saying they bypass talent, but to be a wolf, it couldn't hurt, right??!
I luv it JennJam! -- 'Boo x 2' ! HA! LOL!ReplyDelete
He seems like a pretty carefree, happy-go-lucky kid, much like our beloved Sethy-pooh!
And to answer your question, I would imagine the 'ab factor' plays a pretty big part, considering the wolves have to be shirtless 95% of the time, right?
I actually think Breaking dawn could be two movies. Its along enough book.. I just dont know how or which part they will stop at..ReplyDelete
- AnonymousAugust 23, 2009 at 6:39 PM
He's very cute!ReplyDelete
But he has to work on the interviewing skills
- AnonymousAugust 23, 2009 at 7:01 PM
he's not my seth. :(ReplyDelete
I heard that Breaking Dawn MIGHT be split into two movies, just like Stephenie wanted it. So, I'm pretty sure he's talking about that.ReplyDelete
i think i heard that to.ReplyDelete
Yeah. Maybe he meant that BD is being considered as two movies. Like the last Potter book is being split into two movies because of the sheer enormity of it. The same goes with BD. You cant take anything out or it wont make sense. I wonder if thats why Summits waiting around to announce.ReplyDelete
How come HP is 4-5 hours moive and BD can't be made into a 4 hour production and has to be split into?*sigh* I can still dream.ReplyDelete
Boo Boo seems like a happy kid or guy.His voice sounds a little kidish.He's kinda cute and now I see him as Seth.Gotta say his 6-pack is impressive=]


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"Sam Harris breathes intellectual fire into an ancient debate. Reading this thrilling, audacious book, you feel the ground shifting beneath your feet. Reason has never had a more passionate advocate."Ian McEwan
"A lively, provocative, and timely new look at one of the deepest problems in the world of ideas. Harris makes a powerful case for a morality that is based on human flourishing and thoroughly enmeshed with science and rationality. It is a tremendously appealing vision, and one that no thinking person can afford to ignore."Steven Pinker
"I was one of those who had unthinkingly bought into the hectoring myth that science can say nothing about morals. To my surprise, The Moral Landscape has changed all that for me. It should change it for philosophers too. Philosophers of mind have already discovered that they can't duck the study of neuroscience, and the best of them have raised their game as a result. Sam Harris shows that the same should be true of moral philosophers, and it will turn their world exhilaratingly upside down. As for religion, and the preposterous idea that we need God to be good, nobody wields a sharper bayonet than Sam Harris."Richard Dawkins


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SANTA ANA – While the citrus on the site gradually changes from green to orange, a series of deadlines is looming regarding the fate of the Santa Ana's Sexlinger farmhouse and orchard.
The two most immediate are a Dec. 17 deadline for public comment on a proposed environmental study of the 5-acre site, and a Jan. 15 deadline to submit offers to the property owner to purchase it.
Preservationists are trying to spread the word that the fate of the property – an artifact of the days when citrus ranches dotted Orange County – is at stake.
"There's nothing else like it in the county, and it would be a shame to lose it," said Jeannie Gillett, who leads a group seeking to preserve the site. "It's very much worth the effort trying to get people aware, and doing whatever they can to help."
The property should be saved, preservationists contend, because of its characteristics – a productive Valencia orchard with some 230 trees sitting alongside the property's original residence, dating from an era when small-scale citrus growers helped shape Southern California's culture and economy. They envision an urban agricultural center where children could learn about the county's past and how food is grown.
When she died in 2006, Martha Sexlinger, the last member of the family to live on the property, donated it to Concordia University Foundation and Orange Lutheran High School.
The owners' plan has been to seek city approval to develop the property with 24 single-family homes. The property is on the 1500 block of East Santa Clara Avenue near Portola Park.
The Save Our Orchard Coalition, after failing to convince the city's Historic Resources Commission, in June won City Council designation of the century-old farmhouse and Valencia orchard as historic.
That set the stage for a revision of an environmental study that had been prepared.
The revision takes into account the historic listing, adds a new alternative and resulted in a name change for the report: "Sexlinger Farmhouse and Orchard Residential Development Project."
While previous drafts included alternatives ranging from "no build' to development of the site with 24 homes, the new study includes a hybrid proposal that City Planning Manager Karen Haluza said arose from Aug. 7 discussions of an ad hoc committee of the Historic Resource Commission.
It would result in the Sexlinger house and an outbuilding being moved to the northeast corner of the property on about 21,000 square feet, keeping about 20 to 30 trees on that portion intact and reducing the residential project to 21 homes. While that would save the house from demolition, "the residence and ancillary building's original orientation, immediate setting and general environment will not convey its historic significance," the draft says.
"I think they're thinking that it's a nice compromise to keep some of the orchard," Gillett said. "But it doesn't protect the historic resource."
Proponents of preserving the Sexlinger house and orchard say that, taken as a whole, it shows what citrus production looked like a century ago.
"We feel any hybrid is such a drastic impact on the overall integrity of the property," said Nick Spain, who has been active in the conservation effort, "that it relegates it to something that you would put on a mantle somewhere."
Even with the historic designation granted by the city and the impact that development would have on the Sexlinger site, demolition could take place and construction on housing could be approved if the city finds the public benefits of the project outweigh the environmental impacts.
"In order to permit this, the City Council would have to adopt a 'Statement of Overriding Considerations,' which would list the reasons why the benefits outweigh the impacts," Haluza said. "In the case of the Sexlinger Farmhouse and Orange Orchard development, the demolition of the house and orchard would constitute a significant impact to a cultural resource that cannot be mitigated, which would then require a 'Statement of Overriding Considerations' should the council wish to approve the project."
The environmental-review process also needs to be completed, she said, a process expected to take until April.
Since the City Council made its decision, the Save Our Orchard Coalition has given rise to a new organization, The Old Orchard Conservancy. It has received nonprofit status from the state, and is awaiting its designation as a 501(c)3 tax-exempt organization from the IRS, said Gillett, the coalition's president.
Both sides in negotiations over purchase of the property agreed to keep the discussions confidential.
Gillett and Spain, a board member of the conservancy, said that while the organization has raised funds in the thousands of dollars, the cost of the land is in the millions. Spain said that the land, if kept agricultural, would be worth about $2 million, based on comparisons with similar-sized agricultural parcels in Southern California.
"The asking price is significantly higher," Spain said.
Finding funding for land acquisition has been a time-consuming challenge.
"It's kind of discouraging," Gillett said. "People like the idea, they just don't come forward with either the cash or the commitment of time. It takes a lot of time, and I appreciate that people have families, work and all that. We have just such a short time frame to make something happen."
Spain said the organization would like to get more time to raise money, but said it will need to have an amount in the six-figure range to enter into a purchase agreement.
"The best compromise is if property can be preserved as resource, and the property owners get paid for it," he said.
Here are some key dates that are anticipated in connection with efforts to preserve or develop the Sexlinger Farmhouse and Orchard in Santa Ana.
Dec. 17, 2012 – The deadline to comment on a revised draft environmental impact report on the site is 5 p.m. You can find the report, titled "Sexlinger Farmhouse and Orchard Residential Development Project," on the planning page at santa-ana.org.
Jan. 15, 2013 – Deadline to submit purchase offers or alternatives for preservation. The city's Historic Resources Commission is expected to receive the information at its meeting on Jan. 24, 2013. Although Jan. 15 is the deadline, "it would not preclude any interested party from continuing to contact or work with the property owner on preservation alternatives outside of the city process," said city Planning Manager Karen Haluza.
Feb. 7, 2013 – A 240-day period ends that began in June with the property owners filing a notice of intent to demolish the Sexlinger site. The time period, under city law, is designed to give the Historic Resources Commission time to look into alternatives to demolition.
Feb. 11, 2012 – The revised draft environmental study, as well as the tract map and variance request that are also part of the development project, are scheduled to be considered by the city Planning Commission.
March 4, 2013 – The same items are scheduled to be heard by the City Council. If the council approves the project and certifies the draft environmental study, a "notice of determination" for the draft EIR would be filed on March 5, beginning a 30-day protest period, Haluza said. .
April 5, 2013 – The protest period would end. "This would conclude the environmental review process after which time, the code states that a demolition permit must be issued," Haluza said.
April 8, 2013 – The earliest the city could issue a demolition permit, based on the outlined schedule, Haluza said
Contact the writer: 714-796-6999 or email@example.com


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Introduction to Oceanography
Course Type:
Course Size:
Course Format:
Institution Type:
Course Context:
In your department, do majors and non-majors take separate introductory courses? yes
In some ways, the answer is yes and no. We have a 100 level course that fulfills a GE requirement, but also serves as an introduction to the major. We also have a 200 level course, which is designed to be more quantitative, but without calculus. The 200 level course is required for majors
If students take a "non-majors" course, and then decide to become a major, do they have to go back and take an additional introductory course? yes
Course Content:
Course Goals:
The student will understand the role of density differences in driving physical movement of the atmosphere and ocean.
The student will understand how uneven heating of the earth surface drives atmospheric and oceanic circulation
Students will understand the relationship between atmospheric wind patterns and gyre circulation
The student will develop an appreciation the interdisciplinary nature of oceanography, and for the some of the "cutting edge" research currently underway in the field.
Course Features:
Course Philosophy:
References and Notes:
This was the text being used by the lecturers in the department. Also, I personally find that most of the oceanography books are really similar.


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when booting up I get a message saying I am connected to a public network, the message provides the IP address.
how can I find out what network the IP address represents?
if I don't want to be connected to this network how do I break the connection?
if I want to be connected how do I get ZASS to accept the connection and not notify me everytime I boot up?
Operating System:Windows XP Home Edition
Product Name:ZoneAlarm Internet Security Suite
Software Version:


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Podcast: SMA to Offer a Six-Cylinder Diesel
File Size 4.1 MB / Running Time 4:57
With avgas in Europe hovering around the $12-a-gallon mark, little surprise that there's continuing interest in diesel technology. SMA has already introduced the second generation of its certified four-cylinder diesel, and at Aero this week, it showed a technical mock-up for a six-cylinder model in the 400-hp range, just what some OEMs are insisting is needed to tip the diesel market toward large airframes such as cabin-class singles and twins, which now rely on thirsty, large-displacement gasoline engines.
According to SMA's Thierry Argaud, the company isn't quite at the mold metal stage with the new motor -- to be designated the SR460 -- but it hopes to have what's now essentially a mock-up running the test cell by the end of the year. In planform, the engine is similar to the four-cylinder model -- with a split case, bolt-on cylinders, and a combination of air and oil cooling. In this podcast recorded during AVweb's continuing coverage of the Aero show in Friedrichshafen, Germany, Argaud said the engine's dry weight is about 455 pounds (206 kg) with expected fuel specifics of about 0.36 lbs/hp/hr.


text:
Diving is a popular sport in Dubai. However, the many water-based construction projects mean that Dubai diving and snorkelling actually takes place mostly on the UAE's East coast. There's a rich mix of marine life to see when you're diving, from seahorses and all manner of fish, eels and rays and sharks to coral and even the odd shipwreck. The various dive centres cater for beginners and seasoned divers alike, running the full array of courses.
Various locations
Back to Dubai Sports
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