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Satisfied People Are More Likely to Vote
11-Apr-2011 8:00 AM EDT
Available for logged-in reporters only
Journal of Happiness Studies
Social and Behavioral Sciences
KEYWORDSVoting, Politics, Happiness, political action
Newswise — Contented people are more likely to vote than unhappy ones, according to a study co-authored by a Baylor University researcher.
Dr. Patrick Flavin, an assistant professor of political science at Baylor, also found that discontented individuals are no more likely to take part in political protests.
That came as a surprise to Flavin and fellow researcher Michael Keane, a former graduate student at the University of Notre Dame, who originally theorized that satisfied people might be less likely to vote or participate in other political activities because they would not feel much of a desire for change compared to dissatisfied people.
The study will be published in an upcoming issue of the Journal of Happiness Studies, an international scientific quarterly.
The men analyzed representative data of 1,300 respondents from the American National Election Studies, examining whether a person votes and an individual's score on a "participation index" that includes activities such as volunteering for a political campaign, attending rallies, contributing to candidates, contacting an elected official within the past year and displaying a yard sign, bumper sticker or political button.
The positive relationship between life satisfaction and political participation held even after controlling for income, gender, race, education and other factors, Flavin said.
He stressed there is little evidence from previous studies that the reverse is true — that participating in politics makes people happier.
But "we can say with confidence that people who reported being more satisfied with their lives are more likely to get involved in politics," he said.


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In Touch with Prairie Living
March 2007
By Michael M. Miller
Germans from Russia Heritage Collection
North Dakota State University Libraries, Fargo
The Germans from Russia Heritage Collection (GRHC) at the NDSU
Libraries in Fargo reaches out to prairie families and former Dakotans.
In various ways, it affirms the heritage of Germans from Russia
as an important part of the northern plains culture.
In March, Prairie Public will broadcast a fascinating new series of local oral histories. "Growing Up German Russian: A Radio Series" is a collection of narratives gleaning from the oral histories collection of the Dakota Memories Oral History Project.
The 3-6 minute narratives will air in the "Dakota Datebook" time slot each Monday and Friday at 8:35 a.m., 3:50 p.m., 6:30 p.m. and 7:50 p.m. beginning in March and continuing through April. This radio series will also be available on the Web at www.prairiepublic.org/radio.
Jessica Clark, project coordinator, explained that these interviews are designed to preserve the precious history and heritage of Germans from Russia on the Northern Plains. "These narrators contain vivid childhood memories - memories of learning to drive a tractor, witnessing a prairie fire, adopting a little colt, listening to German funeral songs, and growing up on the prairie during the Dirty Thirties," Clark said.
The radio series is part of a larger project that will record numerous narratives for study and archiving. the project is sponsored by Prairie Public, the Germans from Russia Heritage Collection, and the North Dakota State University Libraries. Partial funding for this series was provided by the North Dakota Humanities Council.
This series will feature the following narrators: Adam Boschee, West Fargo; Alice Ruth (Miller) Buck, Streeter; Marvin L. Hartmann, Fargo; Marvin G. Fiechtner, Wishek; ElRoy and Ruth (Dockter) Fischer, Gackle; Emil E. Schaffer, Gackle; and James Vetter, Fargo.
To find the Prairie Public radio frequency in your area, visit www.prairiepublic.org/radio or call 800-359-6900. The North Dakota Humanities Council, Prairie Public, and GRHC have provided funding for Growing Up German Russian: A Radio Series. A CD version of this series will be available for purchase later this year.
The Dakota Memories Oral History Project will continue this year (2007), conducting interviews in North Dakota. For more information, visit our website at library.ndsu.edu/grhc/dakotamemories/index.html. To contact Jessica Clark (Project Coordinator) call 701-231-8419 or email email@example.com.
We are making final plans for the 13th Journey to the Homeland Tour to Odessa, Ukraine and Stuttgart & Wiesbaden, Germany for May 17-28, 2007. The tour includes four days in Odessa visiting the former German villages, and six days in southern Germany. Tour members will attend the large Germans from Russia gathering called the Russlanddeutschen Bundestreffen, at Wiesbaden on May 26. The dates for the 2008 tour will be May 20-30. Tour members from Alberta, California, Florida, Hawaii, Michigan, Montana, North Dakota and Washington will be visiting their ancestral German villages: Rosental (Crimea); Bergdorf, Glueckstal, Kassel, Klein Neudorf, Marienberg & Neudorf (Glueckstal District); Fruedental, Gueldendorf & Hoffnungstal (Odessa District); Lichtenfeld & Worms (Beresan District); Arzis, Borodino, Eigenheim, Kloetstitz, Mannsburg, Plotzk & Tarutino (Bessarabia). Please contact me for further information and registration for the 2007 or 2008 tours.
GRHC has reprinted and has available an outstanding cookbooks: "Favorite Recipes: Lehr, ND" (1961);"Favorite Recipes: Lehr Thimble Bee, Lehr, ND" (1973); "Grace Baptist Church Jubilee Cookbook: Lehr, ND" (1979); "Grace Lutheran Church Cookbook: Lehr, ND" (1983); "Kulm, ND Centennial Cookook" (1992); "What's Cookin'? in Lehr, North Dakota, King Homemakers Club" (1967); and "What's Cookin'? in Wishek, North Dakota" (1979). For more information, contact GRHC.
The award-winning DVD documentaries: "Germans from Russia Food Pantry"; "Heaven Is Our Homeland"; "We'll Meet Again in Heaven; "The Germans from Russia: Children of the Steppe, Children of the Prairie" & "Prairie Crosses, Prairie Voices: Iron Crosses of the Great Plains" are available.
The California Germans from Russia Heritage Fest is April 14, 2007, Los Angeles Lutheran High School, Sylmar, California. The American Historical Society of Germans from Russia Convention is June 11-16, 2007, Holiday Inn, Hays, KS (www.ahsgr.org); the Germans from Russia Heritage Society Convention is July 19-22, 2007, Ramkota Hotel, Bismarck, ND (www.grhs.org).
For further information about Germans from Russia heritage, Dakota Memories Oral History Project, donations to GRHC including books, events, documentaries, CDs, DVDs, cookbooks and the tours, contact Michael M. Miller, NDSU Libraries, PO Box 5599, Fargo, ND 58105-5599 (Tel: 701-231-8416; E-mail: email@example.com; GRHC website: library.ndsu.edu/grhc).
March, 2007 column for North Dakota and South Dakota

subset: commoncrawl


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THE BILL that was passed by the U.S. Senate, S. 744, commonly known as comprehensive immigration reform, is in some strange way a typical piece of legislation.
It has some good and some bad. Some love it, some hate it, and nobody thinks it is perfect, but it is backed by a huge number of people. In spite of the reluctant support by many, it is not supported by the leadership in the House of Representatives.
While senators lick their wounds and pat themselves on the back, and the country cheers and sheds tears, the House seems to be simply refusing to play. We hear from the House leadership that the Senate bill will not be put to a vote, the House will create its own bill, and nothing will be introduced for a vote that does not have 100 percent support from the Republican members.
This is not only completely irresponsible, but it is certain to kill any chance of having much needed reform with a path to citizenship for 11 million new Americans and their families.
While we are sorry for the tragedy of 11 million people who will be the direct losers, in fact, we will all lose. Let's take a look at what inaction means for the entire 314 million of us.
According to the congressional budget office and the staff of the Joint Committee on Taxation, S. 744 would generate changes in direct spending and revenues that would decrease federal budget deficits by $197 billion over the 2014—23 period. When you subtract the estimated cost of implementing the bill, the net savings would be $175 billion over that period
Immigration reform will grow the economy, cut the deficit and create jobs. It will create $1.4 trillion growth in the real gross domestic product over the next 20 years. It will increase federal revenues by $459 billion over the 2014—23 period. That increase would stem largely from additional collections of income and payroll taxes, reflecting both an increase in the size of the U.S. labor force and changes in the legal status of some current workers.
Foreign students who study in the U.S. will have an easier path to stay and work. In 2010, 70 percent of foreign graduate students were studying engineering, math, science and technology, and the current system makes it almost impossible to stay in the U.S. By staying in the U.S., they will create jobs, start business, create a demand for goods and services, which will create jobs and encourage higher productivity and more foreign investment in the U.S.
Immigrant agricultural workers will be able to harvest crops while being able to have their immediate families with them, making them more productive and more eager to work in the U.S.. Many immigrant families that have been torn apart by aggressive deportation policies will reunite.
So why is the House leadership opposed to it? That is the question you should ask them. We urge you to call or write to your representatives and to the speaker of the house and demand that they to act in the best interest of the country rather than their perceived political interest. Put S.744 to a vote in the House.
There were months of work done by leaders in both parties, many compromises were reached, border security will be ridiculously strong, employers will have to use an electronic verification system while hiring, millions will have a path to citizenship, the economy will improve and families will be reunited.
Speaker John Boehner should stop dragging his feet. His politically motivated intransigence is hurting not just immigrant families, but every American.
Tom Wilson of Fairfax is the executive director of the Canal Alliance in San Rafael.


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1300 Tribute Center Drive
Raleigh NC
(919) 561-1044
[email protected]
Fabric: 50% Silk, 50% Lurex
Dimensions: 24in x 78in


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UPS and Fedex 2011 Price Hikes! Wanna Cut Costs?
Shipping rates are going up in 2011. If you're a small-mid size business shipping from the US, you've probably heard UPS and Fedex announce the rate increases starting in January 2011. Every year it's the same, and 2011 looks no different. It is so consistent there is even an industry accronym for it "GRI" - General Rate Increase. We've written about it in 2009 and 2008. Call it what you want, it hasn't changed a bit. Shipwire calls it "the shipping rate game". We hope you call their bluff and do something about it! We can help.Read more


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RadarOnline and UsWeekly are both reporting that Teen Mom star Amber Portwood has now been awarded back custody of her daughter just a week after the 2-year-old was made a ward of the state, following domestic abuse charges.
According to UsWeekly, Amber welcomed her daughter Leah back into her home on Monday. "Leah is moving into Amber's new home, where Amber had her daughter's bedroom all set up for her return," a source tells UsWeekly. "Amber is so excited to have Leah back!"
Just last week, Amber and her ex-fiance Gary Shirley appeared in an Anderson, Indiana, courtroom for an emergency child placement hearing concerning their daughter. The ruling back then was that Gary get temporary custody with Amber getting supervised visitation.
But according to RadarOnline, that all changed yesterday when the Child Protection Services visited her home for what was supposed to be a monitored visitation and ultimately decided the changes in Amber's new home, which included a new bed for baby Leah, were more than suitable for Leah.
"Originally Amber was supposed to have a monitored visit today with Leah, but when CPS saw the change in her apartment they decided it met Leah's needs," a source told Radar. "CPS will continue to monitor Amber a few times a week and check in with her to make sure it's going well, but as of now, Leah is back in her care."
RadarOnline adds that it is unclear if Amber's parental rights have been reinstated. A source adds that Gary was very upset about the decision. "He really loves Leah and was so excited to have her when the court placed her in his care," said the source.
Amber is still facing charges of domestic violence, and if found guilty, she could face up to three years in jail and fines up to $10,000.


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Can a newly widowed Lady Mary learn to love again on "Downton Abbey"? Will Jennifer Lopez bring back the sizzle to "American Idol"? Are the zombies ever going to back the heck off on "The Walking Dead"?
These are among the pertinent questions as television's winter season brings a blizzard of fresh programming to our TV sets and laptops. In addition to returning favorites like these, viewers can look forward to a big batch of brand-new offerings.
The freshman roster includes the highly anticipated pairing of Matthew McConaughey and Woody Harrelson in HBO's dark crime series "True Detective," and the dramatic TV series debut of Greg Kinnear in Fox's legal saga, "Rake."
And while there will be the usual emphasis on cops and lawyers, the offerings also include mangy pirates ("Black Sails" on Starz), a female werewolf ("Bitten" on Syfy), reanimated corpses ("Resurrection" on ABC) and a dude with a supercomputer microchip implanted in his brain ("Intelligence" on CBS).
In addition, San Francisco will get some prime-time attention as MTV's long-running reality series, "The Real World," makes its second stop in the city by the Bay, and HBO launches "Looking," a comedy about three gay roommates searching for love and happiness.
Of course, we'll also need to carve out some time for a number of marquee events, including the Golden Globes (Jan. 12, NBC), Grammys (Jan. 26, CBS), Super Bowl (Feb. 2, Fox), and the Olympics (Feb. 6-23, NBC).
Here are the notable highlights of TV's winter season, starting with new dramas, comedies and reality shows, and continuing with debut dates for returning series.
A flair for the dramatic
"The Assets" — An eight-part limited series set in 1985 and based on the real-life exploits of a CIA counterintelligence officer. (10 p.m. Jan. 2, ABC).
"Chicago P.D." — A crime series from the people behind "Chicago Fire" about cops in the Windy City. (10 p.m. Jan. 8, NBC).
"Helix" — A thriller following a team of scientists from the Centers for Disease Control who find themselves in a life-and-death struggle while investigating a case in the Arctic. (10 p.m. Jan. 10, Syfy).
"Intelligence" — Josh Holloway ("Lost") plays a high-tech intelligence operative enhanced with a supercomputer microchip in his brain. (9 p.m. Jan. 7, CBS; moves to regular time slot 10 p.m. Jan. 13).
"Bitten" — A supernatural thriller about a female werewolf (Laura Vandervoort) who has abandoned her pack and taken refuge in a new city. (10 p.m. Jan. 13, Syfy).
"Killer Women" — Tricia Helfer ("Battlestar Galactica") plays the only female among an elite group of crime-fighting Texas Rangers. (10 p.m. Jan. 7, ABC).
"True Detective" — Matthew McConaughey and Woody Harrelson star as Louisiana State Police detectives brought in to revisit a bizarre homicide case they worked in 1995. (9 p.m. Jan. 12, HBO).
"Rake" — Think "House" as a legal series. Greg Kinnear plays a brilliant, but self-destructive defense attorney. (9 p.m. Jan. 23, Fox).
"Black Sails" — Producer Michael Bay takes to the high seas for an adventure series set in the golden age of piracy. (9 p.m. Jan. 25, Starz).
"Star Crossed" — A teen sci-fi saga about aliens who have assimilated into the human school system. (8 p.m. Feb. 17, The CW).
"Resurrection" — Supernatural shenanigans are happening in a small Missouri town, where loved ones return from the dead. (9 p.m. March 9, ABC).
"Mind Games" — Two brothers (Steve Zahn, Christian Slater) run a unique agency that solves clients' problems via the science of psychological manipulation. (10 p.m. March 11, ABC).
Going for the laughs
"The Spoils of Babylon" — A six-part parody of the decadent soaps of the '80s produced by Will Ferrell about a powerful family led by Tobey Maguire. (10 p.m. Jan. 9, IFC).
"Enlisted" — The military misadventures of three brothers stationed at a small Florida Army post and the group of misfits they work with. (9:30 p.m. Jan. 10, Fox).
"Chozen" — An animated tale about a gay white rapper freshly out of prison and looking for redemption. (10:30 p.m. Jan. 13, FX).
"Looking" — It has been called the gay male version of "Girls." Three roommates attempt to find their bliss in contemporary San Francisco. (10:30 p.m. Jan. 19, HBO).
"Broad City" — An odd-couple tale about two pals navigating their way through their 20s in New York City. Based on a web series of the same name. (10:30 p.m. Jan. 22, Comedy Central).
"Mixology" — A show that follows 10 single New Yorkers at a trendy Manhattan bar over the course of one night. (9:30 p.m. Feb. 26, ABC).
"Sirens" — A group of Chicago EMTs get into "ridiculous antics" when not saving lives. (10 p.m. March 6, USA).
"Chrisley Knows Best" — A self-made Atlanta millionaire runs his business — and his family — with an iron fist. (10 p.m. March 11, USA).
Keeping it real
"Blood, Sweat & Heels" — Up-and-coming female movers and shakers chase their dreams in New York. (9 p.m. Jan. 5, Bravo).
"100 Days of Summer" — Young and successful Chicagoans work and play hard over one intense summer in the Windy City. (10 p.m. Jan. 7, Bravo).
"Mind of a Man" — A game show in which female contestants try to figure out what guys think about dating and marriage. (9 p.m. Jan. 8, GSN).
"Don't Trust Andrew Mayne" — A mischievous magician uses tricks to help people get revenge on people who wronged them. (10 p.m. Jan. 13, A&E).
"Crazy Hearts: Nashville" –Rising stars discover what it takes "to live and love" in Music City. (11 p.m. Jan. 15, A&E; moves to regular time slot 10 p.m. Jan. 16).
"Under the Gunn" — Fashion guru Tim Gunn presents competitive challenges to up-and-coming designers. (9 p.m. Jan. 16, Lifetime).
"The Fighters" — A gym owner works with boxing trainers to revive the sport in South Boston. (9 p.m. Jan. 23, Discovery).
"Private Lives of Nashville Wives" — The title apparently says it all. (10 p.m. Feb. 24, TNT).
Return engagements
Here's a rundown of debut dates and times for returning shows:
Jan. 2
"Community" (8 p.m., NBC)
. 5
"Downton Abbey" (9 p.m., PBS)
Jan. 6
"The Bachelor" (8 p.m., ABC)
"Antiques Roadshow" (8 p.m., PBS)
"Single Ladies" (8 p.m., VH1)
Jan. 7
"Pretty Little Liars" (8 p.m., ABC Family)
"Ravenswood" (9 p.m., ABC Family)
"The Haves and Have Nots" (9 p.m., OWN)
"Cougar Town" (10 p.m., TBS)
"Justified" (10 p.m., FX)
Jan. 8
"Psych" (9 p.m., USA)
"Love Thy Neighbor" (9 p.m., OWN)
Jan. 9
"White Collar" (9 p.m., USA)
Jan. 10
"Banshee" (10 p.m., Cinemax)
. 12
"Shameless" (9 p.m., Showtime)
"Girls" (10 p.m., HBO)
"House of Lies" (10 p.m., Showtime)
"Episodes" (10:30 p.m., Showtime)
"Lost Girl" (8 p.m., Syfy)
"Switched at Birth" (8 p.m., ABC Family)
"Being Human" (9 p.m., Syfy)
"The Fosters" (9 p.m., ABC Family)
"Archer" (10 p.m., FX)
Jan. 14
"Face Off" (9 p.m., Syfy)
"Kroll Show" (10:30 p.m., Comedy Central)
. 15
"American Idol" (8 p.m., Fox)
"Melissa & Joey" (8 p.m., ABC Family)
"Suburgatory" (8:30 p.m., ABC)
"Baby Daddy" (8:30 p.m., ABC Family)
"Real World: Ex-Plosion" (10 p.m., MTV)
"Men at Work" (10 p.m., TBS)
. 19
"The Following" (10 p.m., Fox)
"Sherlock" (10 p.m., PBS)
Jan. 22
"Workaholics" (10 p.m., Comedy Central)
Jan. 23
"King of the Nerds" (10 p.m., TBS)
Feb. 9
"The Walking Dead" (9 p.m., AMC)
Feb. 14
"House of Cards" (12:01 a.m., Netflix)
Feb. 24
"The Voice" (8 p.m., NBC)
"Dallas" (9 p.m., TNT)
Feb. 25
"Rizzoli & Isles" (9 p.m., TNT)
"Perception" (10 p.m., TNT)
Feb. 27
"Portlandia" (10 p.m., IFC)
"The Vikings" (10 p.m., History)
Feb. 28
"Hannibal" (10 p.m., NBC)
March 6
"Suits" (9 p.m., USA)
Follow Chuck Barney at Twitter.com/chuckbarney and Facebook.com/bayareanewsgroup.chuckbarney.


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169 Riverside Drive, Binghamton, NY 13905
Phone: 607-352-3550 Fax: 607-798-5270
Hours of Operation:
8:00 AM - 5:00 PM - Monday - Friday
Please call the office to schedule an appointment.
Riverside Surgical is conveniently located in the Lourdes Ambulatory Care Center, providing easy access to diagnostic testing and other Lourdes services.
To find us, enter the Ambulatory Care Center through the main entrance. Take elevators 15 & 16 to the Main floor. Riverside Surgical is located on the left as you exit the elevator.
After Hours:
For established patients with general surgical issues after 5:00 PM and weekends, please call the office phone number and the answering service will put you in touch with the on call physician. In case of emergency, please go to the nearest emergency room.
Our mission is to provide the best surgical care, in a comfortable and supportive atmosphere. We perform a wide array of surgical services including:
- Abcess Removal
- Adhesion Care
- Bariatric Surgery
- Barretts Esophagus Management
- Cholecystectomy
- Colonoscopy
- Gastric Stimulator Implants
- Gallbladder Procedures
- Cholecystitis (Inflamation of the gallbladder)
- Cholelithiasis (Gallstones)
- Hemorrhoid Surgery
- Hernia Repair
- Umbilical Hernia
- Ventral Hernia
- Parathyroid Surgery
- Peptic Ulcer Surgery
- Pilonidal Cyst Surgery
- Polyp Surgery
- Rectal Prolapse Repair
- Spleenectomy
- Thyroid, Gastrointestinal, and Colon/Rectal Cancer
- Thyroid Surgery
- Upper Endoscopy
- Video Assisted Thyroidectomy
Through the availability of some of the most sophisticated surgical technology in the community, including the da Vinci Robotic Surgical System, our patients no longer have to travel outside of the community to receive minimally invasive and advanced surgical procedures.
- Photo ID and Current Insurance Card must be presented at each visit.
- Co-payments are expected and appreciated at the time of visit.
- All insurance companies require us to verify identifying information when you present for each visit. This prevents errors which may result in a rejection of payment by your insurer.
- Information about financial assistance is available by calling 607-798-5506 or 607-798-5279.
- For your convenience, you may also pre-register for your appointment by calling 607-584-5515.
Meet Our Staff
The surgical team at Riverside Surgical is highly skilled and committed to providing the highest standards in surgical care and supporting patients through their physical, emotional, and spiritual needs.
Jaime L. Fernandez, NP
Telephone: 607-352-3550
Ratna Pallapothu, MD, FACS, FASMBS
Telephone: 607-352-3550
Pradeep K. Pallati, MBBS, MD, FACS
Telephone: 607-352-3550
Todd V. Prier, MD
Telephone: 607-352-3550


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Born in 1.963 (age 49–50) in Trang Bang, South Vietnam
Residence : Ajax, Ontario
Nationality :Canadian
Other names : Kim Phuc
Ethnicity : Vietnamese
Alma mater : University of Havana, Cuba
Occupation : Author, UNESCO Goodwill Ambassador
Known for : Being "The Girl in the Picture" (Vietnam War)
Spouse(s) : Bui Huy Toan
Children : Two
Awards : Order of Ontario
Phan Thị Kim Phúc, O.Ont (born 1963) is a Vietnamese-Canadian best known as the child depicted in the Pulitzer Prize-winning photograph taken during the Vietnam War on June 8, 1.972.
The iconic photo taken in Trang Bang by AP photographer Nick Ut shows her at about nine years of age running naked on a road after being severely burned on her back by a South Vietnamese napalm attack.
"Vietnam Napalm"
Kim Phuc and her family were residents of the village of Trang Bang, South Vietnam.
On June 8, 1.972, South Vietnamese planes dropped a napalm bomb on Trang Bang, which had been attacked and occupied by North Vietnamese forces.
Kim Phuc joined a group of civilians and South Vietnamese soldiers who were fleeing from the Caodai Temple to the safety of South Vietnamese–held positions.
A South Vietnamese Air Force pilot mistook the group for enemy soldiers and diverted to attack.
The bombing killed two of Kim Phuc's cousins and two other villagers. Kim Phuc was badly burned and tore off her burning clothes.
Associated Press photographer Nick Ut's photograph of Kim Phuc running naked amid other fleeing villagers, South Vietnamese soldiers and press photographers became one of the most haunting images of the Vietnam War.
In an interview many years later, she recalled she was yelling, Nóng quá, nóng quá ("too hot, too hot") in the picture.
A cropped version of the photo with the press photographers to the right removed was featured on the front page of the New York Times the next day.
It later earned a Pulitzer Prize and was chosen as the World Press Photo of the Year for 1972.
After snapping the photograph, Ut took Kim Phuc and the other injured children to Barsky Hospital in Saigon, where it was determined that her burns were so severe that she probably would not survive.
After a 14-month hospital stay and 17 surgical procedures, however, she was able to return home.
Ut continued to visit her until he was evacuated during the fall of Saigon.
Audio tapes of President Richard Nixon, in conversation with his chief of staff, H. R. Haldeman in 1.972, reveal that Nixon mused after seeing the photograph : "I'm wondering if that was fixed"
After the release of this tape, Út commented, "even though it has become one of the most memorable images of the twentieth century, President Nixon once doubted the authenticity of my photograph when he saw it in the papers on 12 June 1.972....
The picture for me and unquestionably for many others could not have been more real. The photo was as authentic as the Vietnam war itself.
The horror of the Vietnam war recorded by me did not have to be fixed.
That terrified little girl is still alive today and has become an eloquent testimony to the authenticity of that photo.
That moment thirty years ago will be one Kim Phúc and I will never forget. It has ultimately changed both our lives."
Less publicized is film shot by British television cameraman Alan Downes for the British ITN news service and his Vietnamese counterpart Le Phuc Dinh who was working for the American station NBC, which shows the events just before and after the photograph was taken.
In the top-left frame, a man (possibly Nick Út) stands and appears to take photographs as a passing airplane drops bombs.
After a few seconds, she encounters the reporters dressed in military fatigues, including Christopher Wain who gave her water (top-right frame) and poured some over her burns.
As she turns sideways, the severity of the burns on her arm and back can be seen (bottom-left frame).
A crying woman runs in the opposite direction holding her badly burned child (bottom-right frame). Sections of the film shot were included in Hearts and Minds, the 1.974 Academy Award–winning documentary about the Vietnam War directed by Peter Davis.
Adult life
Forgiveness made me free from hatred.
I still have many scars on my body and severe pain most days but my heart is cleansed.
Napalm is very powerful, but faith, forgiveness, and love are much more powerful.
We would not have war at all if everyone could learn how to live with true love, hope, and forgiveness.
If that little girl in the picture can do it, ask yourself: Can you?
As a young adult, while studying medicine, Phúc was removed from her university and used as a propaganda symbol by the communist government of Vietnam.
In 1.986, however, she was granted permission to continue her studies in Cuba.
She had converted from her family's Cao Dai religion to Christianity four years earlier.
Phạm Văn Đồng, the then–Prime Minister of Vietnam, became her friend and patron.
After arriving in Cuba, she met Bui Huy Toan, another Vietnamese student and her future fiancé.
In 1.992, Phúc and Toan married and went on their honeymoon in Moscow.
During a refuelling stop in Gander, Newfoundland, they left the plane and asked for political asylum in Canada, which was granted.
The couple now lives in Ajax, Ontario, and have two children.
In 1.996, Phúc met the surgeons who had saved her life.
The following year, she passed the Canadian Citizenship Test with a perfect score and became a Canadian citizen.
In 1.997 she established the first Kim Phuc Foundation in the US, with the aim of providing medical and psychological assistance to child victims of war.
Later, other foundations were set up, with the same name, under an umbrella organization, Kim Phuc Foundation International.
In 2.004, Phúc spoke at the University of Connecticut about her life and experience, learning how to be "strong in the face of pain" and how compassion and love helped her heal.
Her visit was part of the year's "Month of Kindness, established by the University's Hillel to unite the campus under the theme of kindness."
On December 28, 2.009, National Public Radio broadcast her spoken essay, "The Long Road to Forgiveness," for the "This I Believe" series.
In May 2.010, Phúc was reunited by the BBC with ITN correspondent Christopher Wain, who helped to save her life.
On May 18, 2.010, Phúc appeared on the BBC Radio 4 programme It's my Story.
In the programme, Phúc related how she was involved through her foundation in the efforts to secure medical treatment in Canada for Ali Abbas, who had lost both arms in a rocket attack on Baghdad during the invasion of Iraq in 2.003.
In 1.996, Phúc gave a speech at the United States Vietnam Veterans Memorial on Veterans Day.
In her speech, she said that one cannot change the past, but everyone can work together for a peaceful future.
Rev. John Plummer, a Vietnam veteran, who believed he took part in coordinating the air strike with the South Vietnamese Air Force (though Plummer's entire chain of command and declassified documents indicate otherwise met with Phúc briefly and was publicly forgiven.
A Canadian filmmaker, Shelley Saywell, made a documentary about their meeting.
There is also a blog entry that shares this story.
On November 10, 1.997, Kim Phúc was named a UNESCO Goodwill Ambassador.
Her biography, The Girl in the Picture, was written by Denise Chong and published in 1.999.
In 2.003, Belgian composer Eric Geurts wrote "The Girl in the Picture," dedicated to Kim Phúc.
It was released on Flying Snowman Records, with all profits going to the Kim Phuc Foundation.
On October 22, 2.004, Phúc was awarded an honorary Doctorate of Law from York University in Toronto, Ontario, for her work to support child victims of war around the world.
She was also awarded the Order of Ontario.
On October 27, 2.005, she was awarded another honorary degree in Law from Queen's University in Kingston, Ontario.
On June 2, 2.011 she was awarded the honorary degree of Doctor of Laws from the University of Lethbridge.
The Girl in the Picture : the Story of Kim Phuc, the Photograph and the Vietnam War by Denise Chong is a 1.999 biographical and historical work tracing the life story of Kim Phúc. Chong's historical coverage emphasizes the life, especially the school and family life, of Kim Phúc from before the attack, through convalescence, and into the present time.
The Girl in the Picture deals primarily with Vietnamese and American relationships during the Vietnam War, while examining themes of war, racism, immigration, political turmoil, repression, poverty, and international relationships through the lens of family and particularly through the eyes and everyday lives of women. Kim Phúc and her mother, Nu, provide the lens through which readers of The Girl in the Picture experience war, strife, and the development of communism in Vietnam.
Like Chong's first book, The Girl in the Picture was shortlisted for the Governor General's Literary Award for nonfiction.


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I used a writing prompt from a New Year's package created by my friend, Mor. You can see her newest resource, "Dear Future Me", here. The students had to choose three items to place inside a time capsule that would remind them of 2012. It was a great activity because we got to talk about symbols, and how items can symbolize thoughts or feelings.
Together we discussed how the writing related to our learning goal, and then we co-created our set of success criteria. I typed the success criteria as the students were coming up with them, and had the handout projected onto the smartboard as I was typing.
Students went through the pre-writing process by brainstorming ideas, writing their details (2 sentences for each item), and then crafting their introduction and conclusion sentences. After rough drafts were finished, the students starting publishing them on their netbooks (have I mentioned lately how much I LOVE those netbooks!!!). More than half of the students have finished their good copies, and I'm hoping the rest will finish tomorrow.
We only had a few minutes to work on the craftivity today, so only one students has finished so far. But, I was excited to start setting up our new bulletin board, so this is what we have so far:
Hope you're having a GREAT start to the New Year!
Happy Tuesday! I'm watching my family take down Christmas as I'm writing this ... my husband is becoming increasingly frustrated with the little ones "helping". Hee hee hee.


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Carrie "Mildred" Hamilton, 74, of Winder, died Thursday, May 8, 2008.
Born in Henderson, Tenn., she was the daughter of the late Frank G. and Margaret Bright Hardy and was a member of Hope Baptist Church. Mrs. Hamilton was preceded in death by her husband, Fred G. Hamilton, Jr.
Survivors include a son and daughter-in-law, Tom and Lynne Hamilton, Winder; daughter and son-in-law, Linda and Clint Albea, Washington; grandchildren, Corrie Hamilton, Jacob Hamilton and Jenna Grimaud; great-grandchild, Kaylee Grimaud; brothers, Charlie Hardy, Commerce, and Joe Hardy, Jefferson.
Funeral services were held Saturday, May 10, at First Baptist Church with Dr. John Talley officiating. Burial was in Rose Hill Cemetery.
Smith Funeral Home, Winder, was in charge of arrangements.
'Mildred' Hamilton
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text:
Indiana State University's Greg Lansing joined college basketball coaches around the country last weekend in wearing sneakers with his suit at courtside to promote cancer prevention.
But the head coach of the Sycamore men's team didn't stop there. He challenged others, including Speaker Brian Bosma and others in the Indiana House of Repreesentatives, to don sneakers with their business suits in support of the "Suits and Sneakers" challenge in conjunction with the American Cancer Society.
On Monday, Bosma and other state legislators took up the challenge, giving their dress shoes a rest in favor of sneakers as they conducted business at the Statehouse.
"We're happy to be comfortable in our tennis shoes for a day," Bosma quipped. "And I suspect we're going to be very fast in the building around here today and things are going to move more quickly than normal."
At the suggestion of state Rep. Bob Heaton of Terre Haute, an Indiana State alumnus who played on the legendary 1979 Sycamore team that made it to the NCAA championship game, Bosma invited Lansing to the Statehouse to be recognized on behalf of all six Indiana collegiate coaches who took part in the "Suits and Sneakers" challenge.
"We all have either been personally affected, or know of someone who has battled cancer," Bosma said. "The toll that this deadly disease has on Hoosiers is staggering. Until a cure is found, we can help raise awareness and show compassion to the families that are involved."
According to the American Cancer Society, last year 35,000 Indiana residents heard the words "you have cancer" and 13,000 of them lost their lives to the disease. Suits and Sneakers is a program sponsored by the American Cancer Society and the National Association of Basketball Coaches to help raise cancer awareness and support those affected by it.
During his Statehouse visit, Lansing encouraged House members and staff to continue to raise awareness on ways to reduce the risk of cancer. These include eating right, exercising, making healthy lifestyle choices and following the American Cancer Society's recommended cancer screening guidelines.
"Cancer affects thousands of families across our state," said Bosma. "I appreciated the efforts that our Indiana collegiate coaches took in challenging the Legislature to help raise awareness. It was a great opportunity to show our fellow Hoosiers (that) they're not alone in this fight."Visit www.cancer.org for more information on helping to spread the message and fight back against cancer.
Photo: http://isuphoto.smugmug.com/Events/Suits-and-Sneakers-at/i-wZmcM2c/0/L/01_28_13_suits_and_sneakers-2306-L.jpg - State Reps. Alan Morrison of Terre Haute, Speaker Brian Bosma of Indianapolis and Bob Heaton of Terre Haute join Indiana State University head men's basketball coach Greg Lansing Monday at the Statehouse in showing off the sneakers they wore to promote cancer prevention.
Indiana House Speaker Brian Bosma recognized Indiana State University head men's basketball coach Greg Lansing Monday for the efforts by Lansing and other collegiate coaches to raise awareness for cancer prevention via the "Suits and Sneakers" challenge.
Acclaimed journalist to lead university communication
Indiana State mourns passing of alumna Eva Kor, '90
Indiana State halfway toward Habitat fundraising goal
Sycamores post best finish in IMG Learfield Directors Cup in five years
'The Miraculous Journey of Edward Tulane' opens July 5


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Inside Insurance: Keep the holidays safe
Here's the headline that got my attention: "Wallet, GPS reported stolen from car." It's time for the annual warning that is so often ignored.
Why leave a wallet and GPS unit in a vehicle in plain sight? Unfortunately, this is the season that brings out opportunists at their worst. For that reason, it also is the season when the insurance community and law enforcement issue the warning: Do not leave anything of value in plain sight in a vehicle.
While the holidays are a time of year when gifts are exchanged, it is also a time when some will take from others with the justification, if you can call it that: "They can afford it."
I saw a couple this past week bringing a used set of dishware for eight to the Goodwill drop-off location near my home. The dishes were used, but clean, and there is no time of year where the saying is as true as it is at the holidays: "One person's trash is another's treasure."
My take on this moment in time is that it is a privilege to share what we have with people who need what we can share. Nowhere is that seen more clearly than at the drop-off locations of Goodwill, the Salvation Army, MUST and hundreds of other locations where we can share our blessings with those in need.
In fact, history says the first Thanksgiving was more about finding a new place to live in freedom than having a great meal since that was a time of near-starvation were it not for local natives who understood the importance of sharing. There are still people in need all these hundreds of years later, and we continue a great tradition of sharing.
It's a shame that some among us take advantage of the holidays to take what is not theirs. The reality of life slaps the rest of us into taking the time to exercise caution by not leaving anything of value in plain sight in our vehicles.
Sometimes it is a matter of forgetfulness or simply not paying attention. Remember the movie, "Gone in 60 Seconds"? That goes for anything easily accessible in a locked vehicle much less the vehicle itself. Yet we see over and over stories about vehicle break-ins when gifts or other valuables are reported stolen.
When you exit your vehicle in a parking lot, on the street or in a parking deck, after you lock the doors take a quick look inside and remember, if you can see it so can burglars.
Think about what happened on "Black Friday" when the doors opened and shoppers literally ran over each other trying to get to the sale items. There are times for caution and the holidays are certainly a part of those times.
While we consider shopping cautions, the same is true for the security of your home. Do not make it easy for the opportunists to break into your home and steal the gifts you have worked hard to buy for your family.
This is the time of year to be happy and joyous, but it is also a time for caution, safety and security.
David Colmans is executive director of the Georgia Insurance Information Service, an industry association of property and casualty insurance companies that do business in Georgia. Contact him by email at email@example.com.


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As per fog tradition we will be doing the raffle again at this years annual so it's time to have a dig through all the stuff you don't use/want any more.
Re: Raffle
I have a couple of items for the raffle.
1 of these http://www.halfords.com/webapp/wcs/stor ... reId=10001
1 bottle of JD
I rear window for an A series LWB
I'm sure I can find more bits for it.
Last edited by andytats on Sun Feb 07, 2016 8:19 pm, edited 1 time in total.
i hate having Dyslexia
Re: Raffle
knew I should have kept that fuel tank
Re: Raffle
Time to start sorting out your junk errr i mean your valuable possesions to off load to unsespecting fog members.
Re: Raffle
I have a pair of hardly used MG autos +2 springs, plus a few other bits
Re: Raffle
Iv got someone bits and a couple of gags
My 2.8 shorty
Re: Raffle
Time to get sorting those bits out folks.
Re: Raffle
Would that be including a book of tickets......... just askin like....
This posting may have been helpfull, on the other hand probably not... Either way, I may have had drink when posting it in which case it's probably not as helpfull as it could have been
Work safe, and remember all technical problems can be resolved with a hammer, the trick is knowing where to hit it and how big a hammer to use (I often find it may also help to have a spare bit in the shed to replace the bit you have just mullered )
Work in Progress (or not as the case may be) I give you.... 'O-no' the truck.
Comments on 'O-no' the truck may be left here
Work in Progress (or not as the case may be) I give you.... 'Truck'
Comments on 'Truck' the truck may be left here
Owning a 2.8 is a hobby in it's self...
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US Airways and American To Defend Deal at Antitrust Hearing
Creating the nation's largest airline won't crimp competition. It will bolster it. That at least is what executives from US Airways and American Airlines will tell Congress's antitrust committee today.
At a hearing in front of a House subcommittee on antitrust law, US Airways' head of corporate and government affairs, Stephen Johnson, and American's general counsel, Gary Kennedy, will defend the agreed-upon deal as providing more customer options and giving the two airlines a chance to fight the current behemoths.
But the hearing will also include some criticism of past mergers from consumer advocates, who argue airline mergers lead to increased prices.
US Airways Johnson will say the airline world has consolidated because customers have demanded it to, according to his prepared remarks.


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New Zealand regularly wins plaudits for being one of the very best countries for doing business. How, then, to read the scathing criticism of George Adams, who is returning to Europe after nine years heading Coca-Cola Amatil's local operations? This country, he says, has a damaging "love to hate" relationship with big business, which is seen as "nasty and untrustworthy".
Several factors suggest his comments are misplaced. First, it is unlikely that New Zealand would have created an environment so receptive to business if society was as set against it as Mr Adams suggests.
Secondly, his talk about the presence of a tall-poppy syndrome may hint at the real reason for his disquiet. That reference point is a lazy port of call for those who object to criticism even when they have been shown to have feet of clay. Mr Adams may just be miffed by Coca-Cola's connection, fairly or not, to obesity.
The syndrome is hardly unique to New Zealand or, indeed, to business. There is also a healthy scepticism of politicians and certain professions which believe they deserve better.
And in this country, much of the scepticism about business dates back to the late 1980s, when the considerable faith placed in corporate leaders was not vindicated.
Mr Adams also suggests an anti-corporate mindset means many businesspeople are happy with their firms remaining small. The reasons for this are, however, far more complex. They include, not least, the way many small businesses receive takeover offers they cannot refuse from overseas companies just as they are realising their potential.


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Speaking of reading books, I'm reading The Daily 5 on my kindle. I've read almost the whole book. I still have 2 chapters left. I can't wait to start this new adventure in my classroom. I've taken copious notes and I've been working it out in my head. I have a few questions for those that use Daily 5.
- Are there other Kindergarten teachers out there who use Daily 5? (Any of you live in Tennessee so I can come observe.)
- Do you do any other literacy centers or do you just use Daily 5?
- Where does your basal fit into Daily 5 or do you abandon it all together?
- How much time do you spend on Daily 5 each day?
- Do you do other writing workshop time?
- How did you set up their book boxes the first time?
- If you do this in kindergarten, what kids of materials do you use? It isn't always easy to find on level reading material.
This is the idea of how I want this to be structured:
1. Mini-lesson on Comprehension skill with a read aloud
A session of Daily 5
2. Mini - lesson on Phonics and Phonemic Awareness
A session of Daily 5
3. Mini lesson on Writing and Grammar
A session of Daily 5
I'm trying to figure out where I'm going to fit in some fluency practice. I attended this great workshop about fluency and I'm super excited to try some of his ideas. I hope to post something about these ideas in the future. I'm thinking that Read to Someone and Read to Self might be the best ways to fit in fluency practice. This would also tie into the kinds of things kids have in their book boxes. I would appreciate any advice, suggestions, or tips that you have. I would love to have someone to bounce ideas off of so if anyone is interested in that, please let me know. Leave me a comment or email me email@example.com


text: Find this wine Find this wine Gabbiano Chianti 2010 Dry, smooth, fruity-ish Pin It Tweet 6 years ago by LoLo More posts Italian. Castello di Gabbiano Schnucks Smooth good chianti 3 years ago by Marsha H. Castillo di gabbiano 2009 chianti reserva Dry and lightly tannic. Blueberries and blackberries. Good tart long finish 4 years ago by Kaiichim Gabbiano Chianti Classico 2010 Chianti 4 years ago by Bennett0108 Gabbiano Chianti 2012 Glass Bottle $7.99 & great taste for the cheapest of the line will be part of my stash 5 years ago by Cougar1967dmk Gabbiano Chianti Classico 2009 Bottle Eating with pasta 5 years ago by Donna P.


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Skin Cancer After Radiation Treatment
Dear OncoLink "Ask The Experts,"
Will radiation treatments for other cancers give me skin cancer?
Suzanne McGettigan, MSN, CRNP, Oncology Nurse Practitioner at Penn Medicine, responds:
Thanks for your question. Radiation can increase your risk for skin cancers in the area that received radiation. The most common types of skin cancers seen are basal cell carcinoma and squamous cell carcinoma. Therefore, so it is important to see a dermatologist regularly. In addition, your radiation oncologist and your medical oncologist will be checking for any late effects of your prior treatment during your follow up visits. Some cancer centers also offer specialized survivorship clinics in which late effects of prior cancer therapies are the focus of follow up appointments. If you notice any changes in the texture or color of your skin in the radiated area or any new lesions in the field, you should bring those to the attention of your health care providers for further evaluation.
This question and answer was part of the OncoLink Brown Bag Chat Series: Sun Safety and Skin Cancer Prevention Webchat. View the entire transcript on Sun Safety.


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Những nàng công chúa Disney
Những nàng công chúa Disney I say, bạn think...
FloraorStella posted on Jul 24, 2013 at 03:46PM
I found this on The Winx Club forum. It was fun there, so I thought it would be great to have one here too.
It goes like this:
Fan 1: I say blondie, you think?
Fan 2: Rapunzel! I say animal, you think?
Fan 3: Pasco. I say beautiful, you think?
Fan 4: Probably Belle.
It must be related to Disney. It doesn't have to be just Disney princesses.
All credits go to link for this forum!
Note: Wow, I didn't think many people would actually play this. Thanks :)
Ready to play? I'm starting.
I say red-haired, you think?
last edited on Nov 11, 2016 at 08:36AM
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text:
I actually put up a similar video a month ago http://www.youtube.com/watch?v8dWbokYF5zY where Ender got a smaller version of this and we were testing to see just how territorial he was over his food toys. I filmed the whole process of opening this one up as well but this was by far the better video what you see here ) I basically just held on to the bone and let him do his growls and eventually similar to a kid getting tired of his temper tantrum he wore himself out and gave up more or less
Hope you enjoy!
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Below are the Pokéathlon events that we know of;
Hurdle Dash
Categories: Speed, Jump
The Hurdle Dash game is the first game that we were made aware of. This game is a race between your Pokémon and nine other Pokémon. It is a race in a straight line and it is controlled completely through the touch screen. Your three Pokémon are seen running on the top screen and are running essentially on their own. Your control is making your Pokémon jump the hurdles. This is done by simply tapping them on the DS's Touch Screen. The timing of the jump is crucial to build up speed as if you jump too early or too late, your Pokémon will collide with the hurdle. If you get the timing perfect however, your Pokémon will get a boost. You can see the upcoming obstacles on the top screen so you can be prepared for whatever Pokémon you need to make jump.
Even though you cannot see them, this is a race so you are against the clock and will have to try and claim all three of the top positions to obtain maximum points.First Score to beat: 100.0
Second Score to beat: 80.0
Lamp Jump
Categories: Skill, Jump
The Lamp Jump game is the second game that we were made aware of. This game makes full use out of the Touch Screen. The object of this game is to make your Pokémon bounce upwards by pulling the stylus down and then flicking it up. This sends your Pokémon flying. The task is to hit as many lights as possible to turn them off during the time limit. Like the other events, all three of your Pokémon are in this event at the same time so you can make good use out of this by potentially flicking them in opposite directions.
The angle and depth of the throw is quite crucial to this game as it is possible to get multiple lights at once, thus gaining more points. Once the time limit ends, your score will be tallied against the scores of the NPCs and the winner shall be determined.First Score to beat: 350
Second Score to beat: 500
Ring Drop
Categories: Power, Stamina
The Ring Drop game is another of the competitive games in Pokéathlon. Unlike the previous two events, this one has no focus on jumping but instead is similar to a sumo wrestling fight. One of your Pokémon is placed in a ring with three other Pokémon and you have to make sure they stay in the ring and knock Pokémon out of it at the same time. This is done by using the DS's stylus to flick your Pokémon into the other Pokémon. However, there are no walls in the ring so you have to make sure you only put a lot of power into the flick if you're going to collide with a Pokémon.
As you knock Pokémon out of the ring, other Pokémon will come in the ring until the time reaches 0. Once that happens, the Pokémon are ranked and the winner is determined by the amount of remaining Pokémon.First Score to beat: 70
Second Score to beat: 100
Snow Throw
Categories: Power, Skill
The Snow Throw game is a Pokémon adaptation of a fun winter activity. This event pits your three Pokémon against three other teams of three Pokémon. Here, you are in a classic snowball fight against the other Pokémon. To control it, you just have to flick the Snowballs from your Pokémon to the other Pokémon. As such, the angle of the flick needs to be precise if you are to hit the Pokémon you desire. The power of the flick determines the distance the snowball goes. For each hit, you will get a point
When a Pokémon is hit by a snowball, they are temporarily dazed and will be unable to move or to throw a Snowball. As such, you have to move your Pokémon when a snowball is incoming in order to prevent your opponents getting a hit. This means you have to be focused on what your opponent is doing as well as what you yourself are to do.First Score to beat: 30 /> Second Score to beat: 55
Relay Run
Categories: Speed, Stamina
The Relay Run is essentially another race in a similar manner to the Hurdle Dash. However, this game has you control one Pokémon at a time on a race track. Controlling them by using the Touch Screen, you have to get the optimum speed and pass from Pokémon to Pokémon at a variety of points.
This can get tricky due to the fact that obstacles will sometimes come on the course and you'll have to quickly avoid them so you need to be completely alert in order to win the race.First Score to beat: 12
Second Score to beat: 16
Block Smash
Categories: Power, Stamina
The Block Smash activity requires your Pokémon to be strong and quick. You control one Pokémon at a time and you need to destroy the blocks in front of your Pokémon. This is also done on the Touch screen by tapping the blocks. It is best to get a good rhythm with this so that your Pokémon can get into the groove and hit the blocks successfully
Even though you're on your own, this is essentially a race to see who can destroy the blocks quicker and in higher amounts. As such, you need to plan the Pokémon you use strategically so you can win easierFirst Score to beat: 80
Second Score to beat: 130
Circle Push
Categories: Power, Speed
The Circle Push is essentially similar to a game of King of the Hill. There are a variety of circles on the field and you have to control all three of your Pokémon and get them into the circles to gain points. The winners are those that are in the circle the longest. However, it is not as easy as it seems
As you are controlling all three Pokémon, and have nine opponents on the field at once, you will have to think even more strategically and try to push your opponents out of the circle. The smaller circles give you the more points so be sure to aim for those.First Score to beat: 40
Second Score to beat: 60
Pennant Capture
Categories: Skill, Speed
The Pennant Capture game is a simple capture the flag game. Your three Pokémon take it in turns to go around the course and collect flags. This is done by flicking the stylus across the touch screen. There are obstacles you have to factor in and move around, as well as the opponent Pokémon.
You can only collect 9 flags at once. In addition to that, you can collide with the opponent's Pokémon and take their flags. Take your flags back to the start and you'll get your third Pokémon sent.First Score to beat: 35
Second Score to beat: 50
Disc Catch
Categories: Jump, Power
The Disc Catch game requires you to control all three of your Pokémon at all times. The task her is to have your Pokémon jump up and catch the saucers being shot over the field. The point of capture determines the amount of points earned from each catch. You control the movement of all three Pokémon using the Stylus and tap them in order to jump.
In order to make sure your Pokémon get the saucer, you will also have to knock your opponents off of the platform. This will temporarily remove them from play.First Score to beat: 40
Second Score to beat: 70
Goal Roll
Categories: Skill, Power
The Goal Roll is a three a-side four team soccer match. You control all three of your Pokémon at once and your task is to shoot balls into the other team's goals as well as prevent the other team from knocking a ball into yours. You control all three Pokéon with the touch screen and a hard flick of the stylus will cause the Pokémon to strongly hit the ball
Each goal results in +1 point to the scoring team and -1 point to the defending team. After a while, several balls start to come on the field at once. After a while, a big gold ball will come which counts for 2 pointsFirst Score to beat: 3
Second Score to beat: 9
Record Hall
Downstairs, in the Pokéathlon Dome, you will find a variety of record halls. The first of which is available immediately.
If you check the trophy cases in this area, you will be able to check each type of Pokéathlon Contest and you can check each one to see your high score for each of the Pokéathlon contest categories. It will show you if you have received the medal for beating the main score or getting a crown for beating the all star high score.
Individual Pokémon
After you have received a medal in each of the Pokéathlon contests, the second room opens up. This room contains indidvidual statistics for each of your Pokémon, showing their medals. Once they have received medals in each of the 5 categories, they will receive a special Pokéathlon tag and a crown. If you get 10 Pokémon with the ribbons, you'll get more bonus Pokéathlon points.
Individual Events
Next, when you have obtained all event medals of an individual Pokémon, the third room shall open. This room has a computer in the middle which allows you to check the Top 5 scores for each Pokéathlon event. These are the scores mentioned above and help you work out what you need to do on each of the events. The events you have not got a high score on yet are uncoloured and if you have beaten both scores, a crown is included above it
Hall of Fame
Finally, when you have obtained a high score in each of the events, you will have access to the fourth and final room which contains gold statues of you and your Pokémon. You are welcomed there by Magnus, the Pokéathlon champion.
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text:
Lafayette and Moraga welcomed new leaders this week while saying goodbye to some longtime public servants.
In Lafayette, officials thanked departing council members Carol Federighi and Carl Anduri before new council members Traci Reilly and Mark Mitchell were sworn in Monday. Reilly and Mitchell will serve four-year terms. Re-elected councilman Mike Anderson was also sworn in.
Federighi announced in July her decision not to seek re-election. She joined the council in 1999 following nearly two decades of public service in Lafayette and finished her third term as mayor this month. Colleagues praised her expertise and thanked her for her leadership before Federighi took a look at her year of service, which included the passage of guidelines for downtown growth, the establishment of a massage business ordinance and regulations for wireless facilities.
"Lafayette is a wonderful community in which to live and work. We are, I believe, the envy of many others." Federighi said. Anduri also decided in July against a re-election bid, citing increased demands from his day job as a factor in ending his decade-long run on the council. He gave an emotional speech thanking everyone from his wife to volunteers, praised the level of civil discourse between residents and their elected representatives and said Lafayette was a leader in its focus on sustainability, seniors and creating a vibrant downtown core.
"The city has a golden opportunity to explore innovative solutions and be a model for others," he said.
After their swearing in, Reilly and Mitchell joined the council in electing Anderson as mayor and Don Tatzin vice mayor. Each will serve one-year terms in those capacities.
In Moraga, town leaders said goodbye to councilwoman Karen Mendonca, who lost her seat in November, and to councilman Howard Harpham, who did not seek re-election. The council reorganization followed a public comment by Lafayette resident Joan Bruzzone, who thanked outgoing council members Harpham and Mendonca for their service, before expressing her regret for the way Mendonca was treated during the campaign season when signs were posted urging voters to "dump" and "defeat" the councilwoman.
"I'm sorry you were subjected to what I consider very poor form," Bruzzone said.
Outgoing mayor Mike Metcalf lauded the town's passage of the Measure K sales tax to repair damaged roads and storm drains, and was followed by Mendonca, who listed the town's accomplishments over the past four years before giving her take on the campaign.
"In the town of Moraga it was unprecedented to witness a campaign like the one that just concluded and I hope that this election will not serve to discourage good citizens from running for local office in the future," Mendonca said.
Harpham gave a farewell speech before Metcalf was sworn in alongside new councilmen Phillip Arth and Roger Wykle. The council then elected Dave Trotter mayor and Ken Chew as vice mayor. Last year, town leaders generated a buzz when they broke with a history of how they elect their vice mayor by choosing Harpham. According to unofficial rules that designate who serves based on the amount of votes garnered in the previous election, Trotter could have been vice mayor.
Trotter and Chew will serve one-year terms.
On Dec. 4, members of the Orinda City Council selected Amy Worth their new mayor and Sue Severson as vice mayor.


text:
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OSWEGO, NY – As Oswego Speedway's 64th consecutive season of racing sits on the horizon, Oswego High School Buccaneer teenagers Anthony Losurdo and Camden Proud prepare to continue the youth movement at the 'Steel Palace.'
It's not often adult's think of high school teenagers racing on a 5/8 mile Speedway at 120mph, lined with steel retaining walls. However, in the last 15 years it has become common place in the Port City.
Speedway racers like Tim Barbeau, Dave Cliff, Ryan Coleman, Dan Connors Jr., Dave Danzer, and AJ Bernys are just a few of the many drivers since the year 2000 that spent their school days on Oswego High School's Buccaneer Boulevard, then cut it loose at Oswego Speedway on weekends.
Losurdo and Proud now add their names to the list, as they compete in the Pathfinder Bank SBS series in 2014.
Losurdo, 16, a graduate of quarter midget and go-kart racing will actually be moving into his second full year of competition at Oswego this season, after finishing second in the Rookie of the Year battle in 2013 behind experienced open-wheel racer Jeremy Pitcher.
With four Top10 finishes on the season, including a tremendous second place finish in the annual Race of Champions, Losurdo adapted quickly at the age of 15 but said it wasn't without some certain growing pains.
"To be honest with you I started out the season so scared, I barely wanted to race," said Losurdo, a member of Oswego High School's heralded WBUC television channel. "It was such a different atmosphere coming from the little cars (quarter midgets) and kids my age, to actual sized cars and older men that have been doing it for years. We had a bad accident early in the season, but we were able to recover from it. Before long I started to gain the confidence I needed to compete, and the biggest boost was that second place we picked up in the Race of Champions."
From that point Losurdo increased dramatically, becoming a weekly threat for Top10 finishes driving his No. 1 machine.
Losurdo, or "Hawk" as he has come to be known through his years of racing, says that Top10 finishes aren't all it takes, respect must be earned in all aspects when competing at the level the Speedway demands every Saturday night in the summer.
"Being so young definitely makes it interesting, just knowing that some racers may try and take it for granted," said Losurdo. "The biggest thing I have learned is to treat the other racers how you want to be treated. I feel like I have gained a lot of respect from the veterans because of that."
Proud joins Losurdo as quarter midget graduates that got their start behind the wheel at a very early age. Like Losurdo, Proud will enter his rookie season at Oswego at the age of 15.
The son of former Speedway racer Tim Proud, and nephew of current shoe Chris Proud, young Camden will in no way lack tutoring, and has already turned laps on the Speedway's racing surface in a Small Block Super, built by his father, just last year.
"Taking my first laps on the track last year was definitely very special," said Proud. "Running at Oswego has always been something I have wanted to do since watching my dad race a Supermodified. Being able to race at Oswego now, in a racecar built by my dad, is awesome."
Although he has not seen any racing action at the Speedway just yet, several hot laps in 2013 have given Proud a good basis to build on for this year's Rookie of the Year battle.
"Obviously there is a big difference in speed and power between an SBS and a quarter midget," said Proud. "That, as well as learning where to let off the throttle, took a few sessions to get used to. As far as handling, it was just like driving a big quarter midget. The car was very stable and felt great."
Proud hopes to emulate the season put in by Losurdo in 2013 by gaining experience, respect, and hopefully solid results.
"Our main goal is to be at the race track every week to compete for Rookie of the Year," said Proud. "To do that, you have to be able to roll the car on the trailer each week. So, I just want to respect my equipment and keep it in the best shape possible, hopefully getting a good result out of each race we compete in."
The Speedway's tie between auto racing and Oswego High School continues to flourish, and has even strengthened after Speedway officials began to allow youth spectators aged 16 and under into the Speedway for free in 2011.
Losurdo says a good number of his school mates admire the fact that he is competing in an adult sport, at such a young age.
"There are quite a few students who go to the races and have also purchased Hawk Racing T-shirts to help support our race team," said Losurdo. "We also have two fellow 11th grade students on our team, Steve Larkin and Zach Mills. Most everyone thinks it's pretty cool that I race such big cars at such a young age."
Proud echoes Losurdo's thoughts and said his upcoming season at the Speedway has even garnered attention from the school's newspaper, the Buc Bulletin.
"It's definitely pretty cool to still be in high school and have this incredible opportunity to get to drive at Oswego Speedway on Saturday nights," said Proud. "I don't think there is a day that goes by that I don't talk about racing with my friends, so pretty much everyone knows about it; especially after I had the chance to do an article with the Buc Bulletin earlier this month."
Opening day at Oswego Speedway is set for May 3, featuring the mighty ISMA Supermodifieds and the Pathfiner Bank SBS division. Both Losurdo and Proud will be in action ready to kick off another summer of fun at the 'Steel Palace' for all to enjoy.
For more information on Oswego Speedway be sure to visit www.oswegospeedway.com. You can also LIKE the (Official) Oswego Speedway page on facebook.com/OswegoSpeedway, or FOLLOW on Twitter @OswegoSpeedway. To purchase tickets or to order merchandise please call the Speedway box office at (315) 342-0646.


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Welcome to Historic Congressional Cemetery
Congressional Cemetery is a 35 acre historic yet active burial ground located on Capitol Hill in Washington, DC. Initially known as the Washington Parish Burial Ground, Congressional became the first truly national burial ground as Congress bought sites, buried noted civil servants, and funded the infrastructure.
Among the 67,000 burials at Congressional are scores of noteworthy citizens who left their mark on the city and the nation. Sites are still available for sale to anyone that may be interested in joining these intriguing individuals. Find out more about their amazing stories by exploring the Cemetery's web site or joining a free Saturday tour April through October at 11:00 AM.
The Association for the Preservation of Historic Congressional Cemetery is a private, nonprofit 501(c)(3) organization. Please join the Association and help launch its third century of service to the Nation's Capital.
The cemetery is open from dawn to dusk daily. The business office is open 9am-5pm Monday-Friday.


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Doug and Julie Herum of Estherville are pleased to announce the engagement of their daughter Bailey Jo Jackson to Matthew Michael Sievers, son of Mike and Kim Sievers of Newell.
Bailey is a 2009 graduate of Graettinger-Terril High School and a 2011 graduate of Iowa Lakes Community College. She currently attends Buena Vista University and will receive a degree in elementary education. She is employed as a paraprofessional at Albert City-Truesdale Elementary School and is also an assistant at Sylvan Learning Center in Storm Lake.
Matt is a 2006 graduate of Newell-Fonda High School and also attended Iowa Lakes Community College. Matt trucks and works on the family farm near Newell.
Article Photos
Bailey and Matthe
The couple is planning a June 1, 2013, wedding at the Zion Lutheran Church in Newell with a reception to follow at the Buena Vista University Grand Ballroom in Storm Lake.


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Home Contact Us How You Can Help Photo Gallery Sitemap
Watersheds with less than 30% forest cover tend to have degraded water quality, bacterial problems and lower quality habitat for fish, wildlife and people.
In 1800, British surveyors found 95% of the Rouge River Watershed covered in old growth forests. At this time, Rouge streams were full of Atlantic salmon and brook trout and people could dip their cup into streams and lakes for a pure, safe drink of water.
Today, less than 4% forest cover remains in Markham and less than 10% forest cover remains in Scarborough. Atlantic salmon are locally extinct; brook trout have retreated to a few headwater streams; the Rouge Beach is regularly closed; and many people are afraid to drink even treated water from Lake Ontario.
Drastic forest removal triggers many other negative effects including:
Fortunately, these impacts can be partially reversed over time, by forest regeneration on public and private lands.
Through the Restoration of Priority Rouge Park Sites project, FRW is helping the Rouge Park to restore native forest vegetation and expand and reconnect environmentally sensitive forest areas (ESAs) and nature reserves.
The adjacent map shows restoration sites within the Rouge Park south of Steeles Avenue (light green) and sites being restored to native vegetation by FRW (dark green).
Each year, FRWs Restoration of Priority Rouge Park Sites project accomplishes:
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FRW does not endorse external sites.


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Since 2007 our adorably badass Jrock Bunny has been rocking his visual kei style, and now a new design is here to keep his pirate punk style alive.
These awesome full zip hoodies are made from a super soft cotton/poly blend, feature a fashion fit style, and pouch pockets. Perfect for snuggling on chilly nights or brisk days in the spring and fall!
Gesshoku Designs
PO Box 888103
Grand Rapids, MI 49588
United States
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You'd Like To Know…
At Texas Roadhouse, we value each and every one of our employees ("Roadies," as we like to call 'em). We're always interested in meeting new people who are interested in becoming a part of our Roadie family. So, check out our Careers page to find out more about our fantastic employment opportunities.
Still have questions? Please call us at 855 698-7446.
Texas Roadhouse offers a VIP Program for our favorite guests who want to join our Roadie family. Upon registering with the VIP Program, you will receive an e-mail coupon for a free Cactus Blossom. We'll even send you a special e-mail on your birthday and on the anniversary of your VIP sign-up date. You'll also be one of the first to find out when something exciting is happening in your favorite Roadhouse location and in other Roadhouses across the country.
Become a Roadie today, and soon you'll be receiving updates about our Legendary Hand-Cut Steaks, Fall-Off-The-Bone Ribs, Made-From-Scratch Sides, and Fresh-Baked Bread!
Having problems with the mobile app?Please uninstall and reinstall the app and this will resolve your problem. We apologize for the inconvenience.
Still have questions? Let us hear your thoughts, and we'll answer them as quickly as we can.
Texas Roadhouse Gift Cards make the perfect gift for everyone. And, we now have even more exciting Gift Card options for you to choose from, including personalized and electronic Gift Cards! Visit our Gift Card page to get your order started!
In the meantime, here are some answers to questions you might have…
Texas Roadhouse donates to many charitable causes that benefit the community. Donation requests can be submitted in writing to the Managing Partner of your local Texas Roadhouse. This includes requests for donations of gift certificates or food.
Find a specific Texas Roadhouse location and submit your request today!
To ensure that we can process your request as quickly as possible, please submit your request on your organization's official letterhead. Also, please include the following information:
Written requests should be submitted 30 days prior to the date the donation is needed. Unfortunately, we can't say "yes" to every request that we receive. Please accept our apologies if we are not able to help your organization at this time.


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Cycling in Central Otago - Cromwell/Bannockburn Rides
Explore old gold mining towns and beautiful Lake Dunstan when you go cycling in this area.
Dunstan Lakeside
19km return - Beginner
Suitable for the whole family, runs beside the shoreline of Lake Dunstan from Old Cromwell Town up to Lowburn and return. Expect a flat and smooth trail with some sandy sections which follows a single or 4WD track.
Starting at the Cromwell Heritage Precinct, head north beside Lake Dunstan passing under Cromwell Bridge, otherwise known as Deadmans Point, before meandering along the shoreline through McNulty Inlet and heading along the lake to finish at the Lowburn Collie Club.
From here, cross over the main highway skirting the Lowburn Peninsula inlet and on to the relocated Lowburn hall and church. This is worth a visit. Read the plaques taken from the Lowburn Bridge now housed in the hall that tell the story about this 1930's concrete Bridge still in existence under the lake today. Now follow the track around the inlet to the lake for the final section past the 45th Parallel marker and to the Collie Club.
On the return, if you have the time take the additional 9 km loop up Lowburn Valley Road, into Heaney Road, and back on to the track at the lake via Burn Cottage Road. This mix of gravel and sealed roads will be like a pleasant rural escape bursting with colour from the nearby Central Otago vineyards and orchards particularly in spring and autumn.
Of course your experience is not complete without a stop at the roadside orchard stalls for your fresh fruit in season. On your return, call into one of the winery cellar doors or make sure you treat yourself to a leisurely coffee and stroll around the Cromwell Heritage Precinct.
Carricktown Trail
30km - Advanced/Expert
Carricktown Trail is an awe inspiring adrenalin-pumping Central Otago bike ride high on the Carrick Range. This trail takes you behind Bannockburn and into another time – the site of another gold town from the 19th century. Take a moment to explore the few remains that still exist; stone ruins, a stamper battery, dams and rock walls and expect to be inspired by the magnificent views over Cromwell and the Upper Clutha Valley.
Starting at the Bannockburn Township, ride up the Bannockburn Road away from the lake approximately 2km before turning right on to Schoolhouse Road. Follow this road then turn a sharp right onto Quartzville Road. The entrance to the Carricktown Trail begins at the sign-posted gateway on your left. This 4WD gravel track climbs very steeply to the Young Australian water wheel where you can take a detour to view this relic of Central Otago's gold mining history – it's well worth a ride down the 1km track. Read the interpretation panel that explains the workings of this amazing engineering feat and on the other side of the valley you will see the stamper battery. This was dragged over the gully from its original site beside the water wheel.
To return, retrace your steps back down the track to Quartzville Road. Riding down the gully you'll notice two well preserved dams before coming into the old main street of Carricktown. Take the time to explore the numerous ruins and gold workings before starting the challenging down-hill ride - wonderful views down to Cromwell and the Clutha Valley can be seen.
There are some steep and very rocky sections on this descent with large ruts. This track is very exposed so check conditions at local information centres first and BE PREPARED


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Feb. 21, 2010
WHITE RIVER JUNCTION, VT-The University of Massachusetts Dartmouth men's swimming team finished fourth and the women finished 12th as the three-day New England Intercollegiate Swimming and Diving Association Division II and III Championships at the Upper Valley Aquatic Center Sunday.
The men scored 256 points and finished fourth in a 13-team field, while the women scored 280 points and were 12th in a field of 22 teams. Keene State finished first in both competitions, and UMass Dartmouth Diving Coach Danielle Morley was honored as Men's Diving Coach of the Year.
On the women's side, in the 1650 freestyle, sophomore Kim Moore ((Billerica, MA/Billerica HS) was fourth in 18:53.04, sophomore Michelle Favulli (Shrewsbury, MA/Shrewsbury HS) was eighth in 20:14.77, and senior Colleen Foley (East Lyme, CT/East Lyme HS) was 14th in 20:47.91. Freshman Morgan Cooper (Sunderland, MA/Frontier Regional HS) was 15th in the 100 freestyle in 57.69 seconds, freshman Meredith Maki (Holden, MA/Wachusett Regional HS) was 18th in the 50 yard backstroke in 31.31 seconds, senior Kathleen Foley (Haverhill, MA/Haverhill HS) was eighth in the 200 breaststroke in 2:39.16, and the 400 freestyle relay team of freshman Maggie Conlon (Methuen, MA/Methuen HS), Maki, Foley and Cooper was 11th in 3:52.67.
For the men, freshman Joshua Poctner (Brockton, MA/Cardinal Spellman HS) was 17th in the men's 1650 freestyle in 19:53.87. junior Craig Johnson (Acushnet, MA/New Bedford HS) was eighth in the 200 yard butterfly in 2:09.57, freshman Jake Pesante (Wakefield, RI/South Kingston HS) was 12th in the 100 yard freestyle relay in 50.22 seconds, freshman Chris Dodge (Holden, MA/Wachusett Regional HS) was 11th in the 50 yard backstroke in 27.23 seconds, junior David Lyons (Haverhill, MA/Central Catholic HS) was 11th in the 100 yard individual medley in 1:00.31, and freshman Matt Dean (Londonderry, NH/Londonderry HS) was12th in 1:00.50, and the 400 freestyle relay team of Pesante, junior Andrew Haughey (West Springfield, MA/West Springfield HS), Lyons and Johnson was seventh in 3:22.18.
The Corsairs will travel to the ECAC Championships next weekend.


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24 Kan. App. 2d 759
No. 78,781
STATE OF KANSAS, Appellee, v. GALE W. BILLINGTON, a/k/a DARYL W. PIERCE, Appellant.
1. Rules relating to notice to be given by a trial judge of his or her intent to impose an upward departure sentence are discussed and construed.
2. The 1994 amendment to K.S.A. 1993 Supp. 21-4718(b) was procedural in nature and, thus, applied retroactively.
3. Where a trial court has failed to give proper notice of its intent to depart, the failure of a defendant to object to the lack of notice results in the issue not being preserved for appeal.
4. The fact that the defendant in this case had absconded for over 2 years after being placed in a halfway house on bond was a substantial and compelling reason to depart from the presumptive sentence.
5. The failure of a trial court to consider placing a defendant in the Labette Correctional Conservation Camp as required by K.S.A. 1996 Supp. 21-4603d requires that the sentences imposed be vacated and the matter remanded for resentencing.
6. The 1994 amendment to K.S.A. 1993 Supp. 21-4603d dealing with the required consideration of whether to place a defendant in the Labette Correctional Conservation Camp are procedural in nature and thus apply retroactively.
Appeal from Sedgwick District Court; DAVID W. KENNEDY, judge. Opinion filed January 30, 1998. Affirmed in part, vacated in part, and remanded with directions.
Ryan Kipling Elliot and Lisa Nathanson, assistant appellate defenders, and Jessica R. Kunen, chief appellate defender, for the appellant.
Charles R. Reimer, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for the appellee.
Before RULON, P.J., LEWIS and PIERRON, JJ.
LEWIS, J.: Defendant Gale W. Billington pled nolo contendere to two counts of burglary, two counts of theft, and one count of forgery. This plea was made as a result of an agreement in which the State agreed to recommend concurring sentences and further agreed to recommend that defendant be placed on probation through community corrections. The State stood by its representations but, at sentencing, the trial court refused to impose the sentences recommended by the parties and, instead, imposed an upward dispositional departure. Defendant appeals from the sentences imposed.
Defendant first argues that the trial court failed to give him proper notice of its intent to depart. We disagree.
Defendant's plea came more than 2 years after the crimes had been committed. The record shows that after defendant was arrested, he was put on house arrest in a halfway house. Defendant then absconded from the halfway house and disappeared. His appearance bond was forfeited, and a warrant was issued for his arrest. Defendant was gone from the jurisdiction from August 1994 to October 1996.
At the time of sentencing, the trial court gave notice of its intent to depart and said: "I'll give everyone notice of intention to depart, for reason being [defendant] being an absconder for over two years, reset the matter to give [defense counsel] an opportunity to respond. Oh, let's see, looks like the 13th would be two weeks. Is that enough time?" Defense counsel responded, "Yes, Your Honor."
The trial court held a hearing at the time of sentencing, and defendant was given ample opportunity to present reasons why the trial court should not depart as it had advised the parties. The trial judge, however, said: "I find [defendant's] behavior shows that he's not amenable to probation. His being gone for two years is a substantial fact and I find it to be [a] compelling reason for departure."
Defendant argues that the trial court's notice was insufficient because it did not state specifically whether a durational or dispositional departure would be given. Defendant relies on K.S.A. 21-4718(b), which provides:
|"If the court decides to depart on its own volition, without a motion from the state or the defendant, the court must notify all parties of its intent and allow reasonable time for either party to respond if they request. The notice shall state the type of departure intended by the court and the reasons and factors relied upon." (Emphasis added.)
The emphasized sentence in the statute was not in K.S.A. 1993 Supp. 21-4718(b), which was in effect when defendant committed his crimes. The statute at that time did not require the trial court to state the type of departure intended and the reasons and factors relied upon. The question we must determine is whether the amended statute applies or whether the statute that was in effect at the time the crimes were committed is controlling.
The answer to our question depends upon whether we considered the amendment to the statute to have been procedural or substantive.
|"The fundamental rule is that a statute operates prospectively unless its language clearly indicates that the legislature intended it to operate retroactively. [Citation omitted.] An exception to the fundamental rule is that if the statutory change does not prejudicially affect the substantive rights of the parties and is merely procedural or remedial in nature, it applies retroactively. [Citation omitted.] Thus, the issue becomes whether the statute is substantive criminal law, which either defines a crime or involves the length or type of punishment." State v. Sutherland, 248 Kan. 96, 106, 804 P.2d 970 (1991).
In State v. Sylva, 248 Kan. 118, 119, 804 P.2d 967 (1991), the Supreme Court stated: "'As related to criminal law and procedure, substantive law is that which declares what acts are crimes and prescribes the punishment therefor; whereas procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished.'"
We conclude that the sentence added to 21-4718(b) after 1993 was procedural in nature and should have been applied retroactively. The trial court did not strictly comply with the statute because it did not state the type of departure it intended to impose nor did it adequately explain the factors on which a departure would be based.
While we believe the trial court may have erred on a technical requirement, we conclude that the error was not reversible under the facts shown.
The notice and factors relied upon for a departure sentence need not be perfect but must give adequate notice. State v. Alderson, 260 Kan. 445, 466, 922 P.2d 435 (1996).
Approximately 2 weeks prior to sentencing, the trial court advised defendant and his attorney that it was going to depart and that the reason it was going to depart was that defendant had absconded for over 2 years. The trial court specifically asked defense counsel if 2 weeks would be enough time to prepare a response, and counsel answered yes. Under the circumstances, we are at a loss to imagine how a notice could have been any more specific. The presumptive sentence in this case was probation. The trial court intended to order incarceration and so advised defendant. The reasons for the departure were also clearly stated, and defendant knew he had absconded for 2 years and should have known that he was probably going to be punished as a result. We believe that defendant had to have understood that the departure would be based on his recent 2-year absence from the jurisdiction. We also note that he was given a full 2 weeks to prepare his response.
Further, defendant failed to preserve this issue for appeal. Defendant did not object to the notice at the trial level. In State v. Trimble, 21 Kan. App. 2d 32, 37-38, 894 P.2d 920 (1995), we held that no reversible error results when notice of intention to depart may not have been given in advance but where the defendant made no objection to the notice at the time of sentencing. In reliance on Trimble, we hold that where a defendant fails to object to the notice of departure at the time of sentencing, any issue relative to the departure is not preserved for appeal.
We also note that defendant failed to make a proffer to the court of the evidence he would have presented to refute the departure factors. In State v. Gideon, 257 Kan. 591, 621, 894 P.2d 850 (1995), the Supreme Court held that in order for a defendant to successfully assert error based on the trial court's failure to give notice of the factors it intended to rely on for departure, "[t]he defendant must make some proffer of the evidence he would present (or the argument he would make) to refute the factor before this court will find reversible error." Defendant made no such proffer.
Finally, we conclude that even assuming the trial court's notice of departure may have been lacking and may have been in error, the error was harmless and not reversible.
Defendant next argues that the factors relied upon by the trial court were not substantial and compelling. We disagree.
Our standard of review on departure sentences is well settled:
"In any appeal from a judgment of conviction imposing a sentence that departs from the
presumptive sentence prescribed by the sentencing grid for a crime, sentence review shall be
limited to
whether the sentencing court's findings of fact and reasons justifying a departure are supported
evidence in the record and constitute substantial and compelling reasons for departure. K.S.A.
21-4721(d)." State v. Mitchell, 262 Kan. 434, Syl. ¶ 10, 939 P.2d 879 (1997).
"A claim that the departure factors relied upon by the court are not substantial and compelling presents a question of law. [Citation omitted.] The term 'substantial' means something that is real, not imagined, something with substance and not ephemeral. The term 'compelling' implies that a court is forced, by the facts of a case, to leave the status quo or go beyond what is ordinary. [Citation omitted.] 'Substantial evidence is such legal and relevant evidence as a reasonable person might accept as being sufficient to support a conclusion.' [Citation omitted.]
"The court's comments at the time of sentencing govern as to the reasons for departure. [Citation omitted.]" 262 Kan. at 446.
In this case, the trial court announced that it was imposing a dispositional departure because of defendant's behavior of absconding for over 2 years while this case was pending. In addition, the trial court inferred that the absconding defendant was not amenable to probation.
We agree with the trial court. In Mitchell, 262 Kan. at 447, the court found the defendant's attitude towards his parole, the defendant's commission of crimes while on parole, and the defendant being an absconder on two occasions were substantial and compelling reasons for departure.
We hold that when a defendant is placed on bond or some other form of pretrial release and subsequently absconds or escapes from his pretrial release and fails to appear for trial on the date scheduled, this fact may be used by a trial court as a substantial and compelling reason for departure.
Finally, defendant argues that the trial court erred by failing to consider placing him in the Labette Correctional Conservation Camp.
K.S.A. 1996 Supp. 21-4603d provides, in relevant part:
|"Prior to imposing a dispositional departure for a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guideline grid, . . . the court shall consider placement of the defendant in the Labette correctional conservation camp. Pursuant to this paragraph the defendant shall not be sentenced to imprisonment if space is available in the conservation camp and the defendant meets all of the conservation camp's placement criteria unless the court states on the record the reasons for not placing the defendant in the conservation camp." (Emphasis added.)
There is no question that the trial court did not comply with the statute quoted above.
Again, the issue is whether the statute is procedural or substantive. This statute was amended after defendant committed his crime to insert the language on the Labette Correctional Conservation Camp. We hold that the amendment to the statute is procedural in nature and has retroactive application. We note that the amendment requiring the trial court to consider the Labette Correctional Conservation Camp on the record does not set out a new crime or punishment; it merely requires the trial court to follow a certain procedure in sentencing and to make certain findings before ruling out the Labette Correctional Conservation Camp. We conclude that defendant's point on this issue is well taken.
In State v. Williams, 24 Kan. App. 2d 447, Syl., 946 P.2d 98 (1997), this court said:
|"Under K.S.A. 1996 Supp. 21-4603d(a)(10), a trial court is required, prior to the revocation of a nonprison sanction of a defendant whose offense is classified in the presumptive nonprison grid block of either sentencing guidelines grid, to consider placement of the defendant in the Labette Correctional Conservation Camp in the manner provided in the statute. A failure to do so will result in a reversal of the revocation and a remand for a new hearing." (Emphasis added.)
In this case, we conclude that the trial court was required to consider the Labette Correctional Conservation Camp, and it failed to do so. As we said in Williams, that failure by the trial court requires us to vacate the sentences imposed on defendant and remand the matter for a new hearing at which the trial court shall consider the Labette Correctional Conservation Camp in the manner provided in the statute.
Affirmed in part, vacated in part, and remanded with directions.