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For three to eight players, Spyfall from Cryptozoic is a one-of-a-kind conversation-based game. Players have a few minutes to identify a spy in on of the numerous locations – a day spa, a space station, a submarine, and so on. Observation, concentration, nonchalance, and cunning – you'll need all of them in this game!
In the game of Nevermore, players must collect the cards to success. Build your hand each round, drafting cards you want and poisoning your opponent's hand by passing along cards you think they can't use. Whoever has the most of a suit, gains the power of that suit – doing damage, healing, gaining Light and Shadow magicks and scoring victory points. Will you transform all your rivals into ravens – or can they regain their human form in time to score enough Victory to win?
The updated Dark Angels Codex is out this weekend alongside a slew of other Dark Angels product. The Codex contains information on the history of the faction, a showcase of Citadel miniatures, a comprehensive army list, and an appendix. Also out this weekend are the Dark Angel Datacards and the new Dark Angels Interrogator-Chaplain.
We'll continue to stick around the 40K universe with the next board game release, Forbidden Stars. Released by Fantasy Flight, Forbidden Stars has two to four players take the helm of a mighty faction from the Warhammer 40K universe. Dominate rich planetary systems and use their resources to fuel your engines of war. Brave the madness of the Warp, transform your worlds into impenetrable bastions, and slaughter your foes.
Another in the long line of family friendly Queen Games, Parfum is out this weekend. Parfum transports players to the wonderful world of fragrances, which dates back hundreds of years to when aromatic scents were first used in the Orient in myriad ways. As master perfumers, players distill precious essences and create unique perfumes using ingredients like vanilla and lavender. But each customer has their own preferences, so even the most charming symphony of fragrances must satisfy the tastes of the wealthy clientele. Choose your aroma dice skillfully and mind well your client's desires in order to become the most successful perfumer.
In Peloponnese, players will take control of a powerful civilization of ancient Greece. You'll develop your civilization through the eight game rounds, add territory and build prestigious buildings. These increase your civilizations' inhabitants, luxury, wealth, and power. Some buildings also offer protection against the destructive disasters. Only through a good balance between inhabitants, land, and buildings you claim victory and join the gods of Peloponnese.
A new variation on the popular Gloom format, Fairytale Gloom where players control the gruesome fates of famous literary characters like Jack, Gretel, and Puss in Boots. Unique transparent cards stack on top of each other to make scoring easy. The points you can see are the points in play!
Albion's Legacy is a fully cooperative adventure board game that pits a team of players against a legion of enemies. As King Arthur and his allies travel to complete difficult quests, they must explore a kingdom that changes each time the game is played, while despair threatens to overtake the land. It will take all of your combined wit to complete your quest and save Albion. Worth a look for fans of Shadows Over Camelot.
A new expansion for the comic book based Walking Dead game, Walking Dead The Prison is both a stand alone edition and an expansion for the original base game. Take on the role of a survivor who has just found the perfect place to start a new life in a world full of zombies. With only two companions at the start of the game, players must struggle to find resources and rescue other survivors, while also working together to secure the prison…but only one survivor will ultimately get to be in charge. Can you find enough resources, secure enough areas and kill enough zombies to become the leader of the survivors?
Holy stuff! Check out the new decks for Adventure Time Card Wars! In this Collector's Pack, there is Ice King's IcyLands deck and Marceline's useless swamp/NiceLands deck. Also included are oversized hero cards for each character, the introduction of the IcyLands landscape, and math loads of new art.
The year of Star Wars continues with the long awaited Force and Destiny Beginner Game edition for the Star Wars roleplaying game. This Beginner Game box includes a complete, learn-as-you-go adventure that introduces force powers into the roleplaying system. Pre-generated character folios keep rules right at their fingertips. Custom dice and an exciting narrative gameplay system make every roll a story. Detailed rules provide for hours of entertainment as you creat your own adventures and tell your own stories.


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Shop South Coast Plaza boutiques and restaurants with your Angelitos Card. The card, which may be purchased for just $60, is 100% tax deductible and the entire amount goes to Angelitos de Oro, a program that raises funds for one-on-one mentoring programs for at-risk children through Big Brother Big Sisters of Orange County.
You can get your holiday shopping done early, find the perfect birthday or wedding gift or just complete your fall wardrobe with the exclusive savings for cardholders, all while improving the lives of children in the community.
The 20% savings is off regularly priced merchandise and some exclusions apply, but there is no limit to how many times you can use the card during the week.
For a full list of participating boutiques, visit https://www.angelitosdeoro.org/boutiques.
Purchase your Angelitos Card by visiting any South Coast Plaza concierge or by calling (949 )642-9883. South Coast Plaza is at 3333 Bristol St. in Costa Mesa.
Going back to the roots of beauty
Luckily for Laguna Beach, one woman did crazy research to hunt down the best in non-toxic cosmetics and brought them into one new shop, Roots The Beauty Underground.
Owner Laura Linsenmeyer said many big-name beauty products have "mind-blowing toxicity," yet there's a whole other world of lesser-known products that are non-toxic and high performance.
"They're just not plastered in magazines," Linsenmeyer said. "I find privately-owned companies making non-toxic beauty lines. Ninety percent of them I personally know. They have integrity and passion."
Roots is a fantastic, old-fashioned beauty supply store that just happens to stock the best in non-toxic products for men, women and children. Choose from hair, body, makeup, nail, skin and fragrance products. There's even an Organic Color Systems certified salon inside the store.
Linsenmeyer proudly offers something for everyone's budget, from high-end to affordable. And her shop carries hard-to-find products like Gwyneth Paltrow's favorite body shimmer, Prtty Peaushun; organic Chocolate Sun sunless tanner; and Suntegrity, a five-in-one face cream that's a moisturizer, sunscreen, foundation, primer and treatment.
She also sells chic nail polish like Priti NYC, Sheswai Lacquer, Vapour Organic and water based Acquarella that don't include the three evil ingredients: formaldehyde, DBP or Dibutyl phthalate, and toluene.
And mention Greer's OC at Root and receive a gift with purchase. The shop is open 10 a.m. to 6 p.m. Monday through Saturday. It's at 384 Forest Ave. #9 in the Lumberyard shopping center in Laguna Beach. For more information, call (949) 424-4266, or visit https://www.roots-beauty.com.
Annual Diamond & Pearl Ball
Join the Beckstrand Cancer Foundation for its ninth annual Diamond & Pearl Ball at 6 p.m. Saturday when the Hangar at the Orange County Fairgrounds transforms into the Moscow Red Square.
The black tie gala, An Evening in Russia, will be hosted by actress and national spokesperson Eva LaRue. Farrah Fawcett who succumbed to cancer in 2009 will be the honoree, and Ryan O'Neal will be accepting the award with special recognition going to Fawcett's longtime friend Alana Stewart.
Guests can enjoy a contemporary version of the traditional Kalinka dance, boutique wines, a gourmet feast, and "vodka girls," who will be pouring Russian Standard Vodka as they descend from the ceiling.
There's also an opportunity to bid on the 2013 Robb Report Car of the Year experience in Napa Valley. The event will raise funds for Beckstrand Cancer Foundation's mission of improving quality of life for cancer patients and their families. Tickets cost $500 each.
Moscow Red Square will be at Building 18, Gate 5, Arlington Drive in Costa Mesa. For more information and tickets, visit https://www.beckstrand.org.
Wells of Life hosting fundraiser
Wells of Life is a local Laguna Beach nonprofit that provides clean water to the villages in Uganda at a rate of 100 wells per year.
With their help, they can improve the quality of life for 1 million people in 10 years. The organization's most important fundraiser of the year is happening from 6 to 9 p.m. Saturday at the Mission Viejo Country Club.
The evening includes an Italian dinner buffet with appetizer, live entertainment and auction. Tickets cost $125 each. More information about their event and mission can be found at wellsoflife.org.
Mission Viejo Country Club is at 26200 Country Club Drive.
GREER WYLDER writes Greer's OC for the Huntington Beach Independent each Thursday and the Daily Pilot and Coastline Pilot each Friday. She's the founder and president of greersoc.com, a free daily e-mail service that provides the latest in Orange County fashion, dining, music, events and trends. Her blog can be viewed https://www.greersoc.com and she can be contacted at firstname.lastname@example.com.

subset: commoncrawl


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Liberty Property Trust (LPT) closed the Thursday at final price of $48.21 after traded 1140291 shares. The average volume was noted at 770.39K shares while its relative volume was seen at 1.48. Volume is important because it shows the level of interest in a stock. Current volume in a stock, relative to prior volume, shows if interest is higher or lower in a stock than it was before. High volume, or relatively high volume (compared to prior volume), is more suitable for active traders. Very low volume typically indicates a lack of interest and usually little price movement.
Short Ratio of stock is 1.84. Liberty Property Trust is a part of Financial sector and belongs to REIT – Office industry. The recent session has given its stock price a 21.07% up lead over its 52-week low and showed lower move of -4.50% over its 52-week high.
The 52 week range is a simple technical indicator that lists the highest and lowest price at which a security was sold over preceding 52 weeks (or one year). Investors, especially technical analysts, may use the 52 week range to gauge whether a stock's current price suggests buying, selling, or taking no-action. Many value investors look for stocks that are at or near their 52 week low, but this metric alone does not indicate whether a stock is under-valued. For example, a stock may near its 52 week low in a price correction after earnings expectations for future quarters were revised. There is no guarantee that when share prices reach a 52 week low, the stock will begin to trade higher – it could break down to an even lower level. However, as 52 Week Range has little to no connection whatsoever with current news or forces affecting companies today, very few investors rely heavily on the metric. Instead, the 52 Week Range is generally used more as a descriptive metric to describe what the stock has done and not what it will do.
The stock price volatility remained at 1.61% in recent month and reaches at 1.26% for the week. Historical statistical volatility is a measure of how much the stock price fluctuated during a given time period. While historical volatility can be indicative of future volatility, it can also differ greatly from future volatility, depending on what was driving the price changes during the past period. Major expected news items are more important drivers of big moves in the stock price in the near future. The Average True Range (ATR) is also a measure of volatility is currently sitting at 0.78
Liberty Property Trust (LPT) stock is less volatile Stock with beta figure of 0.81
Liberty Property Trust stock waking on thin line between bulls and bears tracks and with several factors it's pulling towards optimistic side to some extend but some take to pessimistic side. So, volatility evaluation is supposed to give some wisdom of how far the stock will fall if the market takes a dive and how high the stock will rise if the bull starts to climb. For this relative risk measurement, LPT has beta value of 0.81. A stock with a beta less than 1 is considered less volatile than the market; more than 1 means more volatile. If market is up, the stock should outperform by positive momentum and if the market heads lower, the stock should go down by same tendency.
Once the concept of beta is understood, an investor can intuitively determine whether or not a particular stock has a high or low beta. For example, an established blue chip company in a mature industry with stable earnings will most likely have a much lower beta compared to a start up Biotechnology Company.
Liberty Property Trust (LPT) Stock Price Analysis:
It is a positive indicator for investor portfolio value — when the price of a stock Investor owns goes up in value. On the other side it is not a negative indicator for Investor portfolio value when the price of a stock Investor owns moves down in value. After the giving short look at one day return of Liberty Property Trust it is observed that LPT reported positive return of 0.44% in last trading session.
Now we move forward to see the historical returns of Liberty Property Trust which is USA based stock. The stock is currently showing up return of 0.27% throughout last week and witnessed bullish return of 0.48% in one month period. The stock price mounted 1.54% in three months and soared 9.42% for the last six months trading period.
LPT indicated a yearly positive return of 12.67% while year-to-date (YTD) return printed 15.11% rising outlook. The stock price moved -4.50% off its 50 Day low and changed 1.99% to its 50 Day high.
Moving average of Liberty Property Trust (LPT)
Liberty Property Trust (LPT) stock price traded at a gap of -0.88% from an average price of last twenty days and stands at a distance of -0.94% away from it's an average price of recent fifty days. Take a look at most-well known 200-day moving average which averages prices over the past 200 days. The 200-day moving average is the standby for long-term investors. At present time the stock is moving 6.82% away to its 200-day moving average. It goes without saying that investors should not rely solely on any one technique. However, applying moving-average strategies in conjunction with portfolio diversification and prudent money management may reduce one's risk substantially.
Liberty Property Trust (LPT) stock is Overbought or Oversold?
The stock has current RSI value of 47.33. Wilder believed that when prices rose very rapidly and therefore momentum was high enough, that the underlying financial instrument/commodity would have to eventually be considered overbought and a selling opportunity was possibly at hand. Likewise, when prices dropped rapidly and therefore momentum was low enough, the financial instrument would at some point be considered oversold presenting a possible buying opportunity.
There are set number ranges within RSI that Wilder consider useful and noteworthy in this regard. According to Wilder, any number above 70 should be considered overbought and any number below 30 should be considered oversold. An RSI between 30 and 70 was to be considered neutral and an RSI around 50 signified no trend. – Some traders believe that Wilder's overbought/oversold ranges are too wide and choose to alter those ranges. For example, someone might consider any number above 80 as overbought and anything below 20 as undersold. This is entirely at the trader's discretion.


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Gotcha!Book - 2013
From the critics
Community Activity
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Always have to read the latest novel. You never know what wildly outrageous things the ladies will do. Always fun to read.
Very good book. First time I read anything of Fern's and I really enjoyed it. Had a lot of surprises in it.
gotchca then blindsided then Kiss and tell.
I fell victim yet again to the don't-have-any-books-let's-see-what's-available-on-ebooks-there-must-be-something-good fallacy. This was a dreadful book. Actually, "dreadful" can't even really convey the true sense of it. First, it's lousily written. Second [SPOILER ALERT], I was truly dismayed with the glee in which the heroines (?!!) burned scalps with torches, attached electrodes to a penis and testicles, threatened to cut breast implants out, tortured with a high-pressure water hose, struck out with hammers, etc. Worse yet, this is apparently a series about a bunch of avenging women. Gives women everywhere a bad name. I like the occasional revenge fantasy as well as the next person, but this was just awful. Don't bother reading it. *shiver*
I usually like her writing and this book was very good until it came to the torture descriptions that these older ladies were having way too much enjoyment breaking noses, bashing teeth in , cutting and ever to much more. In the end due to this much pleasure in brutality, I won't be reading anymore of her books. Shame on her.
Love those Sisterhood women! Wish I knew some in real life. I enjoy reading the books even though the quality of the writing is not as good as I usually like.
After reading the last installment in the Sisterhood series, "Home Free", I didn't set my expectations too high for this latest story, "Gotcha!" I was pleasantly surprised!! This book really starts a new chapter in the series, with the "second string" taking charge (but still relying on the "first string" to bring it all together). Definitely worth a read--8 out of 10 for me.
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No. 93,648
1. For a statement to be admitted as an exception to hearsay under K.S.A. 60-460(i)(2) as a statement of a coconspirator, the statement must be made while the conspiracy is still in existence.
2. For a statement to be admitted as an exception to hearsay under K.S.A. 60-460(a), the declarant must be called as a witness either before or after the hearsay is presented to the jury. The mere presence of the declarant in the courthouse is not alone sufficient to allow admission of the statement.
3. Under the facts of this case, the error in admitting the hearsay statements of a declarant who was present in the courthouse during trial, but who was not called to testify, was not harmless error.
4. Under the "elements" test for determining multiplicity set forth in State v. Patten, 280 Kan. 385, 122 P.3d 350 (2005), the crimes of forgery for delivering a check in violation of K.S.A. 2003 Supp. 21-3710(a)(2) and attempted theft by deception are not multiplicitous.
5. In sentencing a defendant under the Kansas Sentencing Guidelines, his or her criminal history need not be proven beyond a reasonable doubt to a jury in order to determine where he or she falls on the sentencing grid.
Appeal from Saline District Court; DANIEL L. HEBERT, judge. Opinion filed March 17, 2006. Affirmed in part, reversed in part, and remanded.
Sarah Ellen Johnson, assistant appellate defender, for appellant.
Ellen Mitchell, county attorney, and Phill Kline, attorney general, for appellee.
Before MARQUARDT, P.J., PIERRON, J., and BUKATY, S.J.
BUKATY, J.: Peter E. Wilson directly appeals his convictions of two counts of forgery and one count of attempted theft by deception. He argues that the district court erred in admitting hearsay statements, that two of the charges are multiplicitous, and that the district court erred in using his prior convictions to enhance his criminal history score because they were not proven to a jury beyond a reasonable doubt. Finding error in the admission of the hearsay, we reverse and remand for a new trial.
A somewhat detailed recitation of the facts is necessary for an understanding of the issues on appeal.
In relevant part the jury heard the following evidence.
Wilson worked as an over-the-road truck driver. On May 18, 2004, Officer Melissa Short, of the Salina Police Department, received a tip that Wilson might try to cash a fraudulent check at the United Missouri Bank (UMB) at 9 a.m. Short notified both branches of UMB in Salina.
On the same day, Shelly Smith worked as a bank teller at the UMB at Ninth and Magnolia, in Salina. She knew Wilson as a regular customer of the bank. When Smith arrived for work at 8:45 a.m. on May 18, 2004, she saw Wilson standing at the front door of the bank. When she arrived at her teller window, she noticed a note that stated: "Peter Wilson will be coming into the bank maybe, either on foot or driving a motorcycle. With a check that's not probably a good check."
After the bank opened, Wilson came inside and went to Smith's teller window. He ordered some checks and then presented Smith with a check he wanted to deposit and cash. The check appeared to be from Owner Operator Services (OOS) in the amount of $3,096.80. Smith went to her supervisor's office to get approval for the large check. The supervisor called the police and the phone number on the check. During the latter conversation, the supervisor learned that the check was not good and had never been issued to Wilson. The police arrived and Smith gave them the check.
Police arrested Wilson and took him to the police station. Short interviewed Wilson and advised him of his Miranda rights, which he waived. Wilson told Short that he was not aware that the check was fraudulent. He stated that he had gotten the check from Darla Slingsby, who lives at the residence where he receives all of his mail and stores his property while he is on the road. He stated that he believed the check was a reimbursement from OOS.
Following further investigation, it was discovered that OOS is an association that sells truck insurance to over-the-road truck drivers. Wilson had an insurance policy with OOS that was effective February 20, 2004, or about 3 months prior to the incident at the bank. For some reason the policy was cancelled a few days after its effective date. OOS had sent Wilson a refund check in the amount of $198.80 for the premium he had already paid. The refund check bore a check number of 060585. The check was cashed and cleared through OOS's bank on March 29, 2004. OOS had never issued Wilson a check for the amount that was on the check he brought to the UMB and tried to pass. That check, however, bore the same number as the legitimate refund check issued previously by OOS.
During the course of their investigation, Salina police seized Slingsby's computer disks, which contained scanned images of the fraudulent check. They also talked to Slingsby, who gave damaging information against Wilson.
At trial, however, Slingsby did not testify but apparently was in the courthouse at the time. During examination of Short on redirect, the prosecutor asked Short what Slingsby had told her. Wilson lodged an objection on the basis of hearsay, which the court denied. Short then testified that Slingsby told police that Wilson forced her to create the fraudulent check. Later on recross-examination by Wilson' s counsel, Short testified that Slingsby told her Wilson intended to create 30 to 50 fraudulent checks and planned to cash them all over Memorial day weekend.
The jury found Wilson guilty of two counts of forgery and one count of attempted theft by deception. Wilson filed a motion for new trial alleging that the trial court improperly allowed Short to testify about the hearsay statements of Slingsby. The court denied the motion. Wilson appeals raising the hearsay issue, along with the multiplicity issue and the issue of his criminal history score.
When the defense cross-examined Officer Short during the State's case in chief, the following exchange took place:
"Q. When you interviewed Mr. Wilson, he indicated to you that he had been given this check by Darla Slingsby?
"A. He advised that she stated that it came in the mail. For him.
. . . .
"Q. So when he gets back to town he pretty much then does what she directs him to as far as his finances, correct?
"A. I don't know that that's what he does.
"Q. Well, did the answer he gave you, was it - would it be consistent with that, he was told by Darla, this came in the mail, here, take it to the bank?
"A. I would assume."
On redirect examination, the prosecutor questioned Short as follows:
"Q. Officer Short, did you have any conversations with Ms. Slingsby about the check in Exhibit No. 1?
"[Defense Counsel]: Your honor, now I'm going to object to hearsay.
"[Prosecutor]: Ms. Slingsby is here.
"[Defense Counsel]: She didn't testify.
"THE COURT: You may inquire. Overruled.
"A. Yes, I did have a conversation with her about the check.
"Q. (By [Prosecutor]) Did Ms. Slingsby tell you if she created the check?
"A. Yes, she stated that she did.
"Q. Did she tell you if she created the check of her own accord?
"A. No, she stated that she was threatened and that Mr. Wilson used physical force."
"'The admission of evidence lies within the sound discretion of the trial court. [Citation omitted.] An appellate court's standard of review regarding a trial court's admission of evidence, subject to exclusionary rules, is abuse of discretion. Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable. If reasonable persons could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion. One who asserts that the court abused its discretion bears the burden of showing such abuse of discretion. [Citations omitted.]'" State v. Holmes, 278 Kan. 603, 623, 102 P.3d 406 (2004).
This issue also involves interpretation of a statute. The prosecutor argued that the hearsay statements were admissible because Slingsby was present at the courthouse and the district court allowed their admission for that reason. Apparently, the court based the ruling on K.S.A. 60-460(a). "Interpretation of a statute is a question of law, and an appellate court's review is unlimited. An appellate court is not bound by the district court's interpretation of a statute. [Citation omitted.]" State v. Maass, 275 Kan. 328, 330, 64 P.3d 382 (2003).
On appeal, the State does not argue the statements were admissible under K.S.A. 60-460(a). Instead, it urges that Wilson opened the door for admission of Slingsby's hearsay statements because Wilson's counsel was the first to inquire about the statements when questioning Short and that he cannot now complain about their admission constituting error. The State also argues in the alternative that Slingsby's hearsay statements were admissible as a coconspirator's statements made during the course of the conspiracy.
As to the "opening of the door" argument, we note from the excerpt of defense counsel's cross-examination of Officer Short set forth above, that defense counsel never asked Short to testify to any statements told her by Slingsby. Counsel only inquired about what Wilson had told Short. Short did volunteer that Wilson "advised that [Slingsby] stated that it came in the mail. For him." This statement of Slingsby was not solicited by defense counsel, and we fail to see how this amounted to an opening of the door by Wilson to any further hearsay statements of Slingsby. Up to that point, no prejudice had occurred since the statement had little bearing on any issues in the case. The statement provides no justification for the State on redirect to elicit further statements from Short as to what Slingsby said to her.
The State's argument that the statements were admissible as a coconspirator's statements made during a conspiracy also fails. K.S.A. 60-460(i)(2) allows for an exception to the hearsay rule for
"a statement which would be admissible if made by the declarant at the hearing if: . . . the party and the declarant were participating in a plan to commit a crime or a civil wrong and the statement was relevant to the plan or its subject matter and was made while the plan was in existence and before its complete execution or other termination."
Here, Slingsby made the statements at issue to a police officer. Even if Wilson and Slingsby had previously been participating in a plan to commit a crime, any conspiracy had terminated by the time Slingsby talked to the police about it. Therefore, Slingsby's hearsay statements were not admissible as statements of a coconspirator.
Nor were the statements admissible under K.S.A. 60-460(a), which states:
"Evidence of a statement which is made other than by a witness while testifying at the hearing, offered to prove the truth of the matter stated, is hearsay evidence and inadmissible except:
"(a) Previous statements of persons present. A statement previously made by a person who is present at the hearing and available for cross-examination with respect to the statement and its subject matter, provided the statement would be admissible if made by declarant while testifying as a witness."
In State v. Fisher, 222 Kan. 76, Syl. ¶ 5, 563 P.2d 1012 (1977), the Kansas Supreme Court held that a declarant must testify at trial before hearsay evidence of his or her out-of-court statement may be admitted under K.S.A. 60-460(a). The court later modified Fisher in State v. Davis, 236 Kan. 538, 541, 694 P.2d 418 (1985), where the court held that if the declarant is actually present and testifies at trial, the statements are admissible whether admitted before or after the declarant testifies. Here, Slingsby, the declarant, was present but was not called to testify either before or after Officer Short testified about statements Slingsby made to her. Therefore, the trial court erred in admitting the hearsay statements under the provisions of K.S.A. 60-460(a).
We note that such an error may be held harmless if the appellate court can declare beyond a reasonable doubt that the error had little, if any, likelihood of having changed the result of the trial. State v. Boldridge, 274 Kan. 795, 808, 57 P.3d 8 (2002). Where the evidence of guilt is of such direct and overwhelming nature that it can be said that evidence erroneously admitted or excluded in violation of a constitutional or statutory right could not have affected the result of the trial, such admission or exclusion is harmless. 274 Kan. at 808.
Here, the hearsay statement of Slingsby to Short to the effect that Wilson had threatened and forced her to create the check on her computer was most damaging and contrary to any contention by Wilson that he was unaware the check was forged. While certainly the record contained other evidence of Wilson's guilt besides this statement, we are unable to conclude beyond a reasonable doubt that the statement did not affect the result of the trial.
We note that after his hearsay objection was denied, Wilson's counsel for some unknown reason chose to solicit further damaging hearsay statements of Slingsby during recross-examination of Short. However, since this testimony did not occur until after the State offered and the court admitted improper hearsay statements, its content should not be considered in evaluating the issue of harmless error. We know of no rule that provides that if the prosecutor commits reversible error on redirect examination, it can be turned into harmless error on cross-examination.
With the remand for new trial, it might be said that the issue of multiplicity is no longer before this court at this time. However, should a new trial result in conviction of Wilson again on the same charges, the issue would again require resolution. In light of that possibility, we will address the issue.
Wilson argues that his convictions on one of the forgery charges and the attempted theft by deception charge are multiplicitous because they are based on the same single act. He failed to raise this issue before the trial court. Generally, issues not raised before the trial court cannot be raised on appeal. State v. Williams, 275 Kan. 284, 288, 64 P.3d 353 (2003). However, a party may raise a new legal theory for the first time on appeal when necessary to serve the ends of justice and prevent a denial of fundamental rights. State v. Schroeder, 279 Kan. 104, 116, 105 P.3d 1237 (2005). We will address the issue on this basis.
Whether charges are multiplicitous is a question of law, and an appellate court's review is unlimited. State v. Kessler, 276 Kan. 202, 204, 73 P.3d 761 (2003).
"The principal danger of multiplicity is that it creates the potential for multiple punishments for a single offense. Multiple punishments for a single offense are prohibited by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution and Section 10 of the Kansas Constitution Bill of Rights. [Citations omitted.]" 276 Kan. at 205.
K.S.A. 2003 Supp. 21-3107(2)(a) and (b) state:
"Upon prosecution for a crime, the defendant may be convicted of either the crime charged or a lesser included crime, but not both. A lesser included crime is:
"(a) A lesser degree of the same crime;
"(b) a crime where all elements of the lesser crime are identical to some of the elements of the crime charged."
Wilson was convicted of one count of forgery for violating K.S.A. 2003 Supp. 21-3710(a)(2) and one count of attempted theft by deception for violating K.S.A. 2003 Supp. 21-3701(a)(2) and K.S.A. 21-3301. Wilson argues that his conviction for forgery for delivering the check, (K.S.A. 2003 Supp. 21-3710[a][2]), and his conviction for attempted theft by deception are multiplicitous because they both rely on a single act: presenting the fake check to the bank for cash.
However, under current Kansas law, in determining whether offenses are multiplicitous, the focus is on the statutory elements of each crime without consideration of the facts that must be proven to establish those elements. See State v. Patten, 280 Kan. 385, 122 P.3d 350 (2005). The Patten court concluded that the offenses of manufacture of methamphetamine and possession of drug paraphernalia were not multiplicitous. The Supreme Court noted that recent appellate decisions in Kansas reflected a mix of approaches between focus on the facts and focus on the statutory elements of offenses when determining multiplicity issues. It also acknowledged that under the facts of the case, proving the manufacturing charge also proved the possession of paraphernalia charge. However, in finding that they were not multiplicitous and in adopting the strict elements test, it stated:
"What most recommends the strict elements analysis is its logical, mechanical ease of application and, hence, certainty. Consideration of the facts proved, in contrast, puts multiplicity in a case-by-case basis. We therefore adopt use of the strict elements analysis to determine multiplicity for several reasons: (1) for facility of application and certainty and (2) to avoid any possibility of returning to the difficulties of the second prong of the Fike test." 280 Kan. at 393.
See State v. Schuette, 273 Kan. 593, 601, 44 P.3d 459 (2002).
Applying this rationale to the crimes involved here, we conclude they are not multiplicitous.
The conviction for attempted theft by deception under K.S.A. 21-3301 and K.S.A. 2003 Supp. 21-3701(a)(2) required an overt act, an intent to commit the crime of theft by deception, and failure to complete the crime. The elements of the completed crime of theft by deception are: (1) someone other than the defendant owned the property, (2) the defendant obtained control over the property by means of deception, and (3) the defendant intended to permanently deprive the owner of the use or benefit of the property.
In contrast, forgery under K.S.A. 2003 Supp. 21-3710(a)(2) required that the defendant issued or delivered a written instrument which he knew had been made, altered, or endorsed so that it appeared to have been made, altered, or endorsed by someone with authority to do so, when in fact such authority was not given, and that the defendant did this act with the intent to defraud.
We are mindful that this court held in State v. Perry, 16 Kan. App. 2d 150, 823 P.2d 804 (1991), that these two offenses were multiplicitous. We did so there, however, based upon the second prong of the multiplicity test set forth in State v. Fike, 243 Kan. 365, 757 P.2d 724 (1988). That test, in turn, found its basis in K.S.A. 21-3107(2)(d), since repealed. Basically, the statute at that time provided that one test for multiplicity was satisfied if one crime was necessarily proved if the other was proved. The statute was amended in 1998, and this language was deleted. We also noted in Perry:
"The State is correct that comparing the statutory elements of theft by deception with the statutory elements of forgery by delivery would indicate that forgery by delivery is not an included offense of theft by deception. However, the State fails to apply the second prong of the test as stated in Fike." 16 Kan. App. 2d at 155.
In this case, each offense required proof of an element not required in proving the other. The crime of forgery did not require proof that Wilson obtained control over property and that he did so with intent to permanently deprive the owner of the use or benefit thereof. Conversely, the crime of attempted theft by deception did not require proof that Wilson issued, delivered, or altered a written instrument. The fact that one of the crimes may have necessarily been proven in proving the other is of no moment. With the second prong of Fike no longer part of Kansas law as an alternative test, and in light of Patten, Wilson's convictions are, therefore, not multiplicitous.
Criminal History and Prior Convictions
Again, we will address this issue at this time in the event it arises again following a new trial.
Wilson argues the trial court erred in using criminal history to increase his sentence without requiring the criminal history to be proved to a jury beyond a reasonable doubt. He cites Apprendi v. New Jersey, 530 U.S. 466, 147 L. Ed. 2d 435, 120 S. Ct. 2348 (2000), and Shepard v. United States, 544 U.S. 13, 161 L. Ed. 2d 205, 125 S. Ct. 1254 (2005), in support. In his brief, Wilson recognizes that the Kansas Supreme Court rejected his argument in State v. Ivory, 273 Kan. 44, 41 P.3d 781 (2001).
The Ivory court held that Apprendi, which required a jury to determine any fact that increased the penalty for a crime beyond the statutory maximum, did not apply to defendant's presumptive sentence which was based in part on defendant's criminal history score under the Kansas Sentencing Guidelines Act. 273 Kan. 44, Syl. Wilson's argument on this issue fails.
Affirmed in part, reversed in part, and remanded.
PIERRON, J., concurring in part and dissenting in part: I concur with the majority's opinion on the hearsay question but respectfully dissent on the issue of multiplicity. In this case, based on these facts, I believe one of the forgery counts and the attempted theft by deception count are multiplicitous.
The conviction for attempted theft by deception under K.S.A. 21-3301 and K.S.A. 2003 Supp. 21-3701(a)(2) required an overt act, an intent to commit the crime of theft by deception, and failure to complete the crime. The elements of the completed crime of theft by deception are: Someone other than the defendant owned the property, the defendant obtained control over the property by means of deception, and the defendant intended to permanently deprive the owner of the use or benefit of the property.
Under K.S.A. 2003 Supp. 21-3710(a)(2), forgery requires that the defendant issued or delivered a written instrument which he knew had been made, altered, or endorsed so that it appeared to have been made, altered, or endorsed by someone with authority to do so, when in fact such authority was not given, and the defendant did this act with the intent to defraud.
The issue of multiplicity has produced a veritable forest of opinions. The reason is obvious. On the one hand it is not lawful to make a single act into two or more crimes. On the other hand, a stream of events, closely related in time and place, may generate more than one criminal act. It is sometimes difficult to differentiate the two situations. The two countervailing concerns have generated much reported analysis. There is a consistent, logical, common-sense thread in the decisions. Although the dicta in certain decisions seems to counsel a complete disregard for the facts of the case and point to reliance on the elements alone, other cases note the importance of certain facts in particular circumstances notwithstanding the elements test.
A few examples are illustrative. In State v. Patten, 280 Kan. 385, Syl. ¶ 4, 122 P.3d 350 (2005),the court stated: "The test for multiplicity is the strict elements test without considering the facts that must be proven to establish those elements."
Patten was convicted of manufacture of methamphetamine, possession of methamphetamine, felony possession of drug paraphernalia, and possession of marijuana. His appeal dealt with whether the possession of drug paraphernalia and manufacture of methamphetamine were multiplicitous. The court said no, using the elements test. However, one can have possession of paraphernalia and not engage in manufacture, although one probably cannot manufacture without possession of paraphernalia. To manufacture, additional acts must occur beyond the simple possession of the means to do so. In Patten, the elements of the two crimes were different and the facts necessary to convict on both charges were not identical.
In State v. Groves, 278 Kan. 302, 95 P.3d 95 (2003), the court dealt with a conceptually similar situation to the instant case. Groves grabbed a woman's purse from her. She was thrown to the ground during the struggle, suffering a fractured sacrum. The question was whether the aggravated battery and aggravated robbery convictions which followed were multiplicitous because they arose out of the same act of violence.
Looking to Patten very literally, one might say that although the acts involved occurred at the same time, the elements of the two crimes are obviously different and there is no multiplicity. However, the Groves court noted its adherence to the "single act of violence" rule which did not allow the generation of more than one criminal charge from only one act. The act of violence in Groves was the central act perpetrated to commit the aggravated robbery and could not be the basis for another criminal act as well.
Groves was distinguishable from Patten, even though the charges in Groves, as in Patten, had elements that were clearly different.
In the instant case, we have a situation very close conceptually to Groves. The single act in Wilson's crime was the presentation of the forged check with the intent to wrongfully receive money. I believe that this single act, although not "violent," cannot form the basis for both the forgery and the attempted theft by deception. Therefore, we should reverse the conviction for attempted theft by deception. We should find, under the facts of this case, that where a single act underlying both charges occurs in one physical motion, charges for forgery and attempted theft by deception are multiplicitous.


text:
August 27, 2009
Equinix Opens New $95 Million L.A. Area Data Center
Equinix's Fourth Data Center in the L.A. Region to Accommodate Demand from Entertainment and Digital Media Companies
El Segundo, CA - August 27, 2009 - Equinix, Inc. (Nasdaq: EQIX), a provider of global data center services, today announced the opening of its fourth International Business Exchange™ (IBX®) data center in the Los Angeles area. The new center will accommodate the demand for premium data center colocation and network exchange services in the Los Angeles region from companies in the entertainment and digital media sectors.
Located near Equinix's existing LA3 center in El Segundo, CA, the new 177,000 square foot LA4 center will feature a total capacity of approximately 3,000 cabinets at full build out. The $95 million first phase of the center, which opens today, will support 800 cabinets and more than 10,000 square feet of IBXflex Space, Equinix's offering for customers seeking office space within the same data center as their equipment deployment.
For many of Equinix's entertainment and digital media customers in the Los Angeles area, a quality end-user experience is critical to their business offerings. These companies utilize the network-rich environment of Equinix's centers to implement a robust, high-performance network connectivity infrastructure that provides direct access with a wide variety of high-performance network service providers and carriers. This enhanced infrastructure ensures fast and reliable delivery of content to end-users worldwide.
The new LA4 center is directly linked to Equinix's three other Los Angeles area IBX centers, including Equinix's two downtown Los Angeles centers, through the Equinix IBXLink service. IBXLink provides redundant fiber links that enable customers to connect to each other across the four centers as if they were located in the same building, providing customers in the new LA4 center with direct access to the more than 60 carriers and network services providers operating in Equinix's existing L.A. area centers.
The new LA4 center is part of Equinix's 2009 expansion program that includes increasing the company's data center footprint in 10 out of 18 markets in which it currently operates. By the end of 2009, the Company will have invested over $1 billion in expansions since the start of 2007.
About Equinix
Equinix, Inc. (Nasdaq: EQIX) provides global data center services that ensure the vitality of the information-driven world. Global enterprises, content and financial companies, and network service providers rely upon Equinix's insight and expertise to protect and connect their most valued information assets. Equinix operates 45 International Business Exchange™ (IBX®) data centers across 18 markets in North America, Europe and Asia-Pacific.
Important information about Equinix is routinely posted on the investor relations page of its website located at www.equinix.com/investors. We encourage you to check Equinix's website regularly for the most up-to-date information.
Forward Looking Statements
This press release contains forward-looking statements that involve risks and uncertainties. Actual results may differ materially from expectations discussed in such forward-looking statements. Factors that might cause such differences include, but are not limited to, the challenges of acquiring, operating and constructing IBX centers and developing, deploying and delivering Equinix services; unanticipated costs or difficulties relating to the integration of companies we have acquired or will acquire into Equinix; a failure to receive significant revenue from customers in recently built out or acquired data centers; failure to complete any financing arrangements contemplated from time to time; competition from existing and new competitors; the ability to generate sufficient cash flow or otherwise obtain funds to repay new or outstanding indebtedness; the loss or decline in business from our key customers; and other risks described from time to time in Equinix's filings with the Securities and Exchange Commission. In particular, see Equinix's recent quarterly and annual reports filed with the Securities and Exchange Commission, copies of which are available upon request from Equinix. Equinix does not assume any obligation to update the forward-looking information contained in this press release.
Equinix and IBX are registered trademarks of Equinix, Inc. Internet Business Exchange is a trademark of Equinix, Inc.


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Transforming Experiences in the Media & Entertainment Industry with 5G Edge Arch
As 5G networks find their way into real deployments, there are number of opportunities in the industries to leverage the 5G capabilities. The software-based architecture (SBA), edge computing capabilities and network programmability will enable innovation in products & services and provide opportunities to reimagine experiences which 5G-enabled applications will offer.
In this webinar, we will discuss how 5G architecture with edge computing will enable real-time processing of information to enable context-based hyper-personalization and thus transforming the industry applications.
Jul 9 2019
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Title: Transforming Experiences in the Media & Entertainment Industry with 5G Edge Arch
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Subhas Mondal, Chief Architect – 5G at Wipro and L. Ganesh Kumar, Principal Consultant at Wipro
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Zero Motorcycles' Long-time CEO Retires
– Gene Banman, who has seen the company through –
– the early phases of company's development, to remain on the Board –
SANTA CRUZ, CA (April 5, 2011) – Zero Motorcycles, the global leader in the electric motorcycle industry, today announced that its long-time CEO, Gene Banman, is retiring from the operational management of the company. Banman joined the company as COO in 2007 as employee number nine. Within 60 days he became CEO and led the effort to find professional investors to get the company off the ground. He has since raised tens of millions in funding, built a strong executive team and positioned Zero as worldwide leader in the electric motorcycle industry. Banman will stay on the board of directors and day-to-day operations will be directed by COO, Karl Wharton, who joined the company in February.
"It's been a tremendous experience, getting Zero Motorcycles to this point," said Banman. "I feel proud of the enormous progress we have made and of the excellent management team we have put in place that will take the company to the next level. I plan to get some R&R and travel, and then do some part time work with non-profits. I look forward to continuing to work with the company as a board member."
"My colleagues and I knew Gene well before Invus became an investor in Zero Motorcycles," said Aflalo Guimaraes, Managing Director of The Invus Group, LLC and Zero board member. "Gene, together with Neal Saiki, were instrumental in convincing us to back the company at the time when it was just a startup with a vision to transform the motorcycle industry. Gene's leadership and the team he brought together have established Zero as the leading manufacturer and brand of electric motorcycles and put it on course to realize the vision of making electric motorcycles a mainstream segment of the industry by both appealing to experienced riders and bringing new customers into the camaraderie of riders. We are thankful for everything Gene has done for Zero to date and are glad that our association with Gene continues with his ongoing active participation on the board of the company."
About Zero Motorcycles
About The Invus Group
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This past Sunday, April 27, on a breezy, beautiful afternoon, families and friends of all ages gathered at the Center of Urban Horticulture for the annual Alumni Spring Gathering!
The event was a great success, from honored alumnus Jim Brown ('62), who attended with members of his family; to the exceedingly generous wine tasting, donated by Bruce Lippke with a hand from Steve West; to the incredible salmon spread and potluck offerings; to the great music and festive cheer, and all the hard work of the organizers, including Jessica Farmer, Cynthia Welte, Ara Erickson, Jim Gullickson, Bob Edmonds and a host of other dedicated volunteers.
In case you couldn't make it, or if you did go and just love trying to spot yourself in photos, then take a look at a slideshow from the event!
Photos © SEFS.


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The American Society of Journalists and Authors (ASJA) held its annual Writers Conference last week at the Roosevelt Hotel in New York. The conference featured more than 80 sessions covering a wide variety of topics, from how to write a book proposal to how to break into magazines. I was fortunate to attend the conference and will be recapping several of the sessions here over the next few days.
While the sessions were targeted to freelance writers, the information is also helpful to PR professionals looking to get their clients in these publications. Not only does it give you an inside look into what the publications look for, but it also gives you an idea of what freelancers need in order to pitch these publications successfully.
Previous recaps from the conference: Breaking into Women's Markets and How to Look and Sound Great on Camera.
Health stories are a staple for consumer and niche publications and websites. In this session, health editors from top publications shared their tips for successfully pitching their outlets:
- Catherine DiBenedetto, articles editor, O, The Oprah Magazine
- Jennifer Rainey Marquez, senior editor, Parade
- Leslie Quander Wooldridge, senior associate editor, AARP The Magazine
Debbie Abrams Kaplan, a health and travel writer for such outlets as Los Angeles Times, Chicago Tribune, Shape and Doctor's Digest, moderated the discussion.
Following are highlights:
Catherine DiBenedetto, O, The Oprah Magazine
As articles editor at O, The Oprah Magazine, DiBenedetto edits feature stories and the health section, Feeling Good. She has also worked for Wired and Field & Stream.
The Feeling Good section is 6-8 pages and covers both physical and mental health. It covers a wide range of topics, from the psychology of forgiveness to the nutritional benefits of various types of seaweed. One story is 1,500 words, and is typically in the first person, with anecdotes and examples woven throughout. The rest of the stories are 400-600 words, in a variety of formats – annotated illustrations, Q&As, profiles, decision trees, charts, and first-person narratives – to keep it interesting.
DiBenedetto said 90 percent of health stories in O, The Oprah Magazine come from pitches. When pitching, include as much information as you can. She is not interested in stories about parenting, relationships, rare diseases. Stories have to cover the most number of people possible.
Other things DiBenedetto looks for in a pitch:
- It offers fresh, surprising service. The goal is to provide concrete advice that will resonate with a large percentage of readers. When pitching, include what specific advice the piece will offer. "It's really hard to pitch a story if you don't know what tips the story is going to provide," she said.
- It has a news hook – new research, a new book, a trend, scientific insight, etc. Why run the story now? But she does occasionally make exceptions for great service pieces or cool formats no one else has done before.
- It has an extra layer. Can a story be formatted in an interesting way? A creative layout can elevate a piece by offering additional service or visual aids that bring the text to life. If you have an idea for how to package your story, include that. Sidebar ideas are also welcome.
- It's well-written. "The pitch is the best way we have to judge a new writer's voice," said DiBenedetto, "so we're looking for pitches that are well-crafted, tight and lively." Use a lead in your pitch that you would use for the actual article.
- It's comprehensive. Feeling Good pieces typically run anywhere from 550 to 1,200 words. The pitch should clearly outline the structure and content of the piece.
O, The Oprah Magazine offers freelancers $2 a word.
Jennifer Rainey Marquez, Parade
Marquez is the senior editor for Parade, covering health, among other topics. She was formerly the senior health editor at O, The Oprah Magazine, and has also served as health editor at Women's Health and Woman's Day.
Parade is a small publication with only a few spots for writers to pitch. The good news is that because it's a weekly, those spots are open 52 times a year.
Marquez said half of the stories are produced in-house and half come from freelancers. The magazine's lead time is 3-4 weeks, and story ideas should be pitched 6-8 weeks in advance. She prefers to be pitched by email.
When pitching, remember:
- Space is at a premium. Cover stories are only 1,500-2,000 words, while other pieces can run as short as 250 words.
- Parade has the largest readership of any magazine in the U.S., with both men and women, older and younger readers. Think broadly in terms of whom the pitch should appeal to.
- Parade is "America's Sunday magazine." Think about the "Sunday feeling" in your pitches. Readers are relaxed, and are planning and looking forward to the week ahead. They're in the mood to be informed, entertained, inspired. If your idea is super-gritty or super-edgy, it might not have the right vibe for Parade.
- Parade has a very granular, local reach. Because the magazine is delivered with nearly 700 newspapers across the country, it tries to hit the community/hometown "American stories" note.
- The magazine is like a mix between Time and Reader's Digest. While the magazine wouldn't run the hard-hitting Time cover story on Syria, they would do a version of the Time cover story about inter-species animal best friends, or the new science of your brain, or a new trend story about the state of the American family.
What/where to pitch:
Non-celebrity cover stories are typically pitched in-house or written by "brand-name" contributors, but she will make exceptions for a very special subject/writer, such as if you have access to an amazing emotional narrative no other national media has picked up on, or you're an expert on a trend that's begging for national coverage. Here are some past, non-celebrity cover subjects that ran in 2011/2012:
- "The Science of Love" (to coincide with Valentine's Day)
- "Inside the Minds of Sports Superfans" (to coincide with the Super Bowl)
- A profile of a never-ending altruistic organ-donor chain
- "Born to be Wired": How being connected 24/7 is changing how our kids live
- "Take Back Your Weekend!"
- "The Science of Cats vs. Dogs": Which pet has the upper paw?
- "Where Do We Go from Here?" about the end of the space shuttle program
Most features are treated as packages, with multiple editorial elements. A reported, newsy mainbar might be accompanied by a service-driven sidebar, a fun timeline or an infographic -- or some combination.
Cover features also need to meet special criteria, i.e., it must be a story that just about anyone would be interested in reading.
Non-celebrity secondary features are shorter than cover features but longer than a column. At about 750 words, non-celebrity secondary features are often more service-driven stories, but could also include profiles or news-driven trend pieces. Here are some examples of successful secondary features:
- A service story about how to distinguish normal aging from signs of the disease (pegged to Pat Summit's announcement that she was diagnosed with early-onset Alzheimer's)
- A profile of a soldier-turned-farmer whose farm has become a place for disabled vets to work and heal.
- The story of a beloved Arizona public library that's struggling to stay afloat.
- The science if willpower: how to make your good habits stick (it ran two months after New Year's Day as a "resolution update")
- A story about how the citizens of Shanksville continue to keep vigil at the crash site of United Flight 93.
Stay Healthy is a weekly column, edited by Marquez, that comprises much of the magazine's health coverage. The column includes a wide range of health subject matter, including disease prevention, fitness, nutrition/healthy eating, weight loss, behavioral/psychological health, kids' health/parenting, "breaking down the headlines"-type newsy stories, and overall healthy lifestyle.
A few times a year, Marquez also assigns short profiles of "Health Heroes," someone who is making a positive difference in improving the health of other Americans.
The word count for these stories is typically 250-300 words, so pitches need to be targeted and well-defined. Here are some examples of columns that have run recently:
- Bystanders aren't performing enough CPR, but a new hands-only method, endorsed by the AHA, means it's easier than you think.
- New guidelines suggest pediatricians screen kids as young as 9 for high cholesterol – here's what parents need to know.
- A review of gadgets designed to help you stay active at your desk.
- A roundup of new health apps.
- A new survey shows parents don't feel comfortable talking with their kids about weight – here's the right way to tackle the conversation.
Views are one-page essays (about 750 words) that run toward the back. While the magazine has a few standing columnists (Connie Schultz, Joe Scarborough, Mika Brzezinski) and other contributing book, Marquez will occasionally run a one-off essay from a freelancer. These need to be heart-warming or funny, with a very universal theme/takeaway.
What not to pitch:
- Celebrity stories
- Front of book: The FOB section is undergoing a redesign and no longer accepts pitches.
- 7-Minute Solution: These are always done in house.
- Anything having to do with regular columnists, e.g., Marilyn vos Savant.
- Anything having to do with Parade franchises: What People Earn, What America Eats, Parade All-America, etc.
- Stories related to pregnancy or babies. The magazine does cover kids' (ages 8-18) health topics.
Marquez said Parade offers freelancers a rate of $2-$3 a word, "to make it worth your while, since it's such a small story."
Leslie Quander Wooldridge, AARP The Magazine
Wooldridge is the senior associated editor of AARP The Magazine. She currently edits front-of-book news and trends pages, which include health topics, along with back-of-book relationships content. She is also a freelance writer for other outlets, including the health section of USNews.com.
AARP The Magazine, the largest-circulation magazine in the world, focuses on a consumer audience aged 50+. Two big focuses of the publication are health and money, so those sections offer good opportunities to break in.
The magazine has a lead time of 4-6 months. Health features and departments should be pitched to Gabrielle Redford. Shorter, trendier health items should be pitched to Wooldridge.
Wooldridge offered these do's and don'ts:
- Read 2-3 issues of the magazine before pitching. "We have covered quite a bit."
- Make sure your topic really applies to the 50+ audience.
- Get to the point quickly.
- Be able to show why your idea is right, and why it's right now. For example, they wouldn't take a pitch on a story about general yoga, but a pitch about aerial yoga, which has specific health benefits for people 50+, would be appropriate.
- Think about multiple platforms.
- Be conscious of your tone of voice when pitching. Some new writers can be patronizing to the audience. Remember, the magazine is accessible and generally upbeat.
- Include more than a few sentences in your pitch. Submit well-developed, well-reported pitches, especially if you're new to the publication.
- Be patient. It can take up to six weeks for Wooldridge to review ideas and respond.
- Email. Don't call or send snail mail.
- Don't pitch a roundup of various diseases. The magazine likes to focus on one new timely issue.
- Don't pitch items on stereotypical "older people."
- Don't pitch overly "science-y" pitches. Remember that AARP The Magazine is an aspirational lifestyle magazine.
- Don't pitch expensive health treatments or products – readers are typically not wealthy.
- Don't pitch children's news – readers are
What not to pitch:
- Stories about 80-somethings running marathons or super-athletes age 70+. "These people are amazing and we admire them," she said, "but we've done these stories before.
- Stories that focus only on the magazine's oldest readers. Most stories should be relevant to younger and older audiences. (An example of an actual pitch: oatmeal, "because you don't need teeth to eat it." – Don't be the person that sends that pitch.)
- Standalone stories about individuals who have a particular health problem.
- Stories about rare diseases.
Because stories are typically less than 350 words, AARP The Magazine offers freelancers $2 a word.
Whether you're a reporter, blogger, author or other content creator, ProfNet can help you with your search for expert sources. You can send a ProfNet query to tens of thousands of experts and PR agents, or search the more than 50,000 profiles on ProfNet Connect by keyword, institution type and geographic location. Both are free!


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I've read several blogs where people say they will be alone or just the two of you for Thanksgiving this year, so I thought I would do a tablescape that is perfect for one or two.
I've draped an Afghan across the table and added a few of the Dollar Tree pumpkins that I have around the table.
The floral arrangement is faux, but I love the colors and it looks like fall.
The candle has a yummy apple scent that seems to make the table a little special and smell like fall. If I am eating alone I also love to have a fabulous book to keep me company.
I love Brown Transferware and would love to have a collection. They seem really hard to find at a reasonable price. I only have two of these salad plates. There is no pattern name on the back, just a shield with crown and made in China. The white dinner plate is Gibson Claremont and I'm using one of my gold chargers.
I found these really cute leaf plates at Marshalls. They just say Leaf Plate-Made in China. I love the veins you can see in them and their pretty shape.
I'm using one of the pretty monogrammed "M" napkins that I found at the GW. I also found matching placemats. I think they are so pretty.
A view of the entire placesetting.
If you are going to be alone this year, look around and find someone else that is going to be alone and invite them to share dinner with you. You will both be so blessed and could possibly make a life-long friend. May the Lord make this Thanksgiving a true Blessing.
I am joining:
SNS @ Funky Junk Interiors
Classy Clutter for Spotlight Saturday
Show and Tell Saturday @ Be Different Act Normal
Overflowing with Creativity @ It's Overflowing
Sunday Showoff @ Twigg Studios
Sunny @ Sunny Simple Life for Simple Sunday


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Special ASIS&T 75th Anniversary Event
History of ASIS&T and Information Science and
Technology Worldwide
Saturday, October 27, 2012, Full Day 8:30am-7:00pm
Download Schedule in Word
|Introduction to the History Preconference
|Toni Carbo (Drexel University) and Robert V. Williams (University of South Carolina) Co-Chairs, 75th Anniversary Celebration Task Force
|Theme 1: Development of ASIS&T
|Moderator: Kathryn La Barre (University of Illinois Urbana-Champaign)
|The Fortuitous Confluence of the National Science Foundation, the Association for Information Science & Technology, and Information Science
|Trudi Bellardo Hahn (Drexel University) and Diane L. Barlow (University of Maryland College Park)
|Speaking Volumes: Cuadra, Williams, Cronin and the Evolution of the Annual Review of Information Science and Technology
|Linda C. Smith (University of Illinois Urbana-Champagne)
|Remixing ADI/ASIS&T Conference History: Some Panels SIG-DL Wishes We Could Have Convened (And Some That We Did!), 19372012
|Betsy Van der Veer Martens and June Abbas (University of Oklahoma)
|Coffee Break
|Theme 2: Evolution of the Field of Information Science and Technology
|Moderator: Diane L. Barlow (University of Maryland College Park)
|Where is Archival Science in the History of Information Science? A Speculative Framework
|Richard J. Cox (University of Pittsburgh)
|Research on Relevance in Information science: A Historical Perspective
|Tefko Saracevic (Rutgers University)
|Making Sense of Sense-Making: Tracing the History and Development of Dervins Sense-Making Methodology
|Naresh Kumar Agarwal (Simmons College)
|On the Origins and Development of Information Sciences as an Academic and Research Field in Croatia
|Franjo Pehar and Tatjana Aparac-Jelusic (University of Zadar, Croatia)
|Whither Information Science in France?
|Fidelia Ibekwe-SanJuan (Jean Moulin University - Lyon3, France)
|Lunch and Keynote Presentation
|Moderator: Robert V. Williams (University of South Carolina)
|The Information Association and the Future of the History of Information Science
|W. Boyd Rayward (University of Illinois Urbana-Champaign and University of New South Wales)
|Presentation Sponsored by ASIS&T Special Interest Group on International Information Issues (SIG III) with support from the Elsevier Foundation
|Theme 3: Historical Contexts of Technology Innovations and Impacts
|Moderator: Marcia Bates (University of California Los Angeles)
|Lodewyk Bendikson and Photographic Techniques in Documentation, 1910-1943
|Michael Buckland (University of California-Berkeley)
|The Rise and Fall of Information Science at Lehigh University, 1962-1973
|Donald Hillman (Lehigh University)
Dr. Hillman will not be present in person, although the paper is available in the Proceedings.
|How Binary Became Ubiquitous
|Karen Miller (University of South Carolina)
|Bancroft Gherardi and the Monopoly Bell System: Pioneers in Information Technology Standardization
|Andrew L. Russell (Stevens Institute of Technology)
|The Evolution of Access Rights to Digital Legal Information: A Case Study
|Xiaohua Zhu (University of Tennessee)
|Theme 4: Development of Foundational Ideas and Theories in Information Science
|Moderator: Jennifer Arns (University of South Carolina)
|Pioneers of Information Science in Europe: The uvre of Norbert Henrichs
|Katherina Hauk and Wolfgang G. Stock (Heinrich-Heine-University Düsseldorf, Germany)
|The Term in the Classifiers Garden Or: Dog, Man, Bites and Dollars
|Colin Burke (University of Maryland, Baltimore)
|The Dutch Connection: Donker Duyvis and Perceptions of American and European Decimal Classification Systems in the First Half of the Twentieth Century
|Charles van den Heuvel (Huygens ING Royal Netherlands Academy of Arts and Sciences)
|Second Wind: The Two-Stage Citation History of Networks of Science (Price, 1965)
|Katherine W. McCain (Drexel University)
|Constructing Documentary Meaning: French Approach to Documentation Theory
|Caroline Courbieres (Université de Toulouse, France)
|We gratefully acknowledge the generous support of ASIS&T Special Interest Group International Information Issues (III) and the Elsevier Foundation for funds for the Keynote Presentation, and of the ASIS&T History Fund and the School of Library and Information Science University of South Carolina for student member registration fees.


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BEIJING (Reuters) - China's commerce minister was surprisingly blocked from a spot on the ruling Communist Party's elite body during a conclave this week, sources said, a rare snub for an official that could raise questions about trade policies during his tenure.
The failure of Chen Deming to secure a seat on the 25-member Politburo marks one of the few surprises to emerge from the party's five-yearly congress that wrapped this week with the anointing of a new slate of top leaders who will run the world's second largest economy.
It is also the first time in more than two decades that an official designated for a Politburo spot has been voted out of the party's 205-member Central Committee in elections. Central Committee membership is a prerequisite for a Politburo seat.
"Chen Deming was voted out during multi-candidate elections to the Central Committee," one source told Reuters. State news agency Xinhua said there were eight percent more candidates than seats in a preliminary vote before the formal election on Wednesday.
Not being name as an alternate or full member during the party's 18th congress means Chen, who was previously an alternate member, is almost certain to step down as commerce minister next March. Party regulations require cabinet ministers to be Central Committee members.
It is unclear why Chen, who was seen as a strong candidate for a vice premiership and at 63 is young enough to serve another five-year term under party rules, did not secure the votes for a seat on the Central Committee.
Tianjin Mayor Huang Xingguo, 58, who was elected a full member of the Central Committee, is front-runner to replace Chen as commerce minister, two sources with ties to the leadership said.
Ma Kai, 66, secretary general of the State Council, or cabinet, is tipped to become a vice premier now that Chen is out of the running, the sources said, requesting anonymity to avoid repercussions for discussing secretive elite politics.
Until now, a politician designated to become a Politburo member has not been barred from the Central Committee since 1987, when Deng Liqun, an ultra-conservative and reviled Marxist ideologue, was voted out at the 13th congress in a deeply embarrassing fall from grace.
Chen's imminent retirement as commerce minister, a post he has held since taking over from now disgraced politician Bo Xilai in late 2007, would come as China faces growing tension with major trade partners in Europe and the United States and Chinese officials warn of increasing protectionism.
China's leaders set a goal for 10 percent export growth this year, but it is more likely to come in at around 7 percent as the world has struggled to recover from financial crisis.
Some experts suggest that Chen's age was the main factor in his ouster.
"Minister Chen didn't get onto the Central Committee because of his age. He was born in 1949 and that makes him too old to serve a full term," said a Commerce Ministry official who declined to be identified.
But exceptions to the mandatory retirement age of 65 are often made for cabinet ministers and provincial governors and politicians can become a vice premier before they turn 68.
Du Qinglin, 66, a vice chairman to parliament's advisory body, was just elected to the Central Committee.
At a news conference last week on the sidelines of the congress, Chen declined to answer questions about whether he was being considered for a vice premier post, but he defended the ministry's record at the World Trade Organisation.
"When you consider the volume of trade cases in which China is involved, we've won quite a few," Chen said. "But we haven't bragged about our wins, whereas some of our foreign colleagues have trumpeted theirs."
Analysts said Chen had a reputation as a competent and moderate minister, suggesting his performance may not have been at the center of his failure to secure a central committee seat, and despite the questions that are bound to arise, policy would probably not change.
"China's overall trade policy is not set by the ministry, but by the central government," said He Weiwen, director of the China-U.S. Trade Research Centre at the University of International Business and Economics in Beijing.
Under Chen, the ministry has increased its use of WTO legal processes, in part to gain experience. China has a relatively short history of participating in multilateral institutions and while it has lost most of WTO cases filed against it, most countries defending against complaints have the same problem.
Scott Kennedy, director of the Research Centre for Chinese Politics and Business at Indiana University said Chen's departure from the Central Committee was puzzling and political motives could be at play.
"I don't think he could be punished for his record as minister of commerce. I think overall he's done a pretty decent job with the hand he has been dealt," Kennedy said.
Additional reporting by Lucy Hornby and Nick Edwards; Editing by Robert Birsel


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