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Information in this article may not be canonical to the storyline of the games or any other Sonic continuity.
- For the version of this character before the Super Genesis Wave, see Tails Doll (Pre-Super Genesis Wave).
I've said it before, but I'll say it again. Sonic gets Metal Sonic. I get that?
— Miles "Tails" Prower, Sonic the Hedgehog #284
Tails Doll is a character who appears in the Sonic the Hedgehog comic series and its spin-offs published by Archie Comics. It is a robotic toy doll that resembles Tails, created by Dr. Ivo "Eggman" Robotnik, and a reoccurring foe of the Freedom Fighters.
As its name suggests, Tails Doll resembles a patchwork doll version of Tails. Its most notable feature is the red gem attached to its head by a wire. After absorbing a various materials, it took on a monstrous form bearing little resemblance to its former self, the only recognizable element being the disruptor gem. This new form almost seems to be falling apart, with red grids of circuitry showing up underneath its torn exterior. It has several tentacle-like appendages as well. In cyberspace, Tails Doll assumes a giant form of its own head.[1]
Past attacks
At some point before being sent after Walter Naugus, the Tails Doll engaged the Freedom Fighters on at least one occasion, demonstrating the ability to absorb materials from its surroundings and create an armored shell using its control gem.[2]
Countdown to Chaos
- Note: From the readers point of view, this picks up from where Tails Doll's original history ended.
The Tails Doll was sent by Eggman to attack Mobotropolis, due to Naugus' prior theft of Eggman's technology. Sonic the Hedgehog and Tails returned home to find the monstrous robot on its rampage. Sonic and Tails battled the monstrous creature, and, after Sonic experienced a brief episode of confusion (in reality due to the Super Genesis Wave), they eventually caused damage through a Rolling Combo, only for it to repair itself using its Control Gem. Fortunately, the pair were eventually able to defeat the monster by plugging Nicole into it, disrupting its programming enough that Sonic was able to smash through its outer shell and remove the plush Tails Doll from within. Snapping off its Control Gem, Sonic then kicked the doll into the distance, crushing the Control Gem underfoot and seemingly putting an end to the threat.[2]
Shattered World Crisis
Another Tails Doll was subsequently created by Eggman and prepared for use against the Sky Patrol following the defeat of the War Walrus.[3] Later, when the Freedom Fighters were lured into a trap with a Chaos Emerald as bait, the Tails Doll slipped aboard the Sky Patrol while Team Fighters were rushing to the aid of Team Freedom. This placed it in a perfect position to monitor the mobile base's movements for Eggman.[4]
This Tails Doll proved vital to Eggman's plans during the crisis, as it transmitted Sonic and Sally's broadcast to him, revealing to their possession of the Chaos Emeralds and Gaia Keys along with their plan to fix the world. This allowed Eggman to formulate a plan of his own. Tails Doll was linked to Phage as part of the preparation.[5][6] During the Battle Bird Armada's attack on the Sky Patrol, Tails Doll was finally discovered by Nicole, Tails, and Rotor, the latter two of whom disabled it.[1]
Powers and abilities
Tails Doll possesses a control gem which allows it to absorb raw materials from nearby in order to form its protective outer shell. This barrier proved quite formidable, resisting even Sonic's Spin Dash attack, though it proved vulnerable to a Rolling Combo employed by Sonic and Tails. It was capable of regenerating its armor by absorbing nearby matter, but was apparently unable to affect Nicole in this fashion. In addition, its control gem is able to shoot thin red lasers and can detect any activity that might affect its systems. Tails Doll is also very stealthy, able to go unnoticed for long periods of time before being discovered.
- Tails Doll is based off the same character from Sonic R.
- Many people make up violent stories about Tails Doll on the Internet. Its scary nature appears to be reflected by its transformation into a monstrous being. Various characters and in-story title cards have as well referred to it as "creepy."
See also
- ↑ 1.0 1.1 Sonic the Hedgehog #284, "Panic in the Sky Part One: The Best Laid Plans"
- ↑ 2.0 2.1 Sonic the Hedgehog #252, "At All Costs - Part Two: A New Lease On Life"
- ↑ Sonic the Hedgehog #265, "The Grand Tour"
- ↑ Sonic the Hedgehog #267, "Ambushed! Part Two"
- ↑ Sonic the Hedgehog #283, "The Mission"
- ↑ Sonic the Hedgehog #283, "Zero Hour"
External links
- Tails Doll at Mobius Encyclopaedia, the Archie Sonic wiki.


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Are you looking for an honorable way to thank a law enforcement officer who has served their community? As sheriffs, constables, marshals, agents and police officers, those who work in law enforcement are essential to keeping your area safe, keeping the peace and making sure your family is protected. Whether you want to extend your thanks for a specific circumstance or just want to show some general gratitude, officers deserve recognition for their hard work.
When spoken words aren't enough to express your gratitude, a law enforcement appreciation award plaque is the perfect way to offer personal thanks. Here at DIY Awards, we offer a tasteful selection of engraved crystal plaques for law enforcement. Whatever the occasion, the officer you're honoring will feel the warmth of your appreciation, gratitude and recognition whenever they look at the award.
Shopping for appreciation plaques at DIY Awards gives you more than access to a wide selection of stunning designs - it offers you the highest quality and the most unique customization options online. Each one of our personalized award plaques for law enforcement is 100% optical crystal and feature deep-etched laser engravings and hand-painted color detailing. When you use our online customization tool, it's easy to personalize your plaque with any logo, text, font and features you want. Plus, our friendly customer service team is here to help you with questions and suggestions. Feel free to contact us for assistance.
Give a gift of gratitude with one of our award plaques for law enforcement. Receive yours in as few as three days when you order online with our rush shipping.

subset: commoncrawl


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Rep. Steve Stockman of Texas has a bill up in the House which will let taxpayers use the same excuses the IRS has used in its dealings with Congress:
The United States was founded on the belief government is subservient and accountable to the people. Taxpayers shouldnt be expected to follow laws the Obama administration refuses to follow themselves, said Stockman. Taxpayers should be allowed to offer the same flimsy, obviously made-up excuses the Obama administration uses.
Under Stockmans bill, The Dog Ate My Tax Receipts Act, taxpayers who do not provide documents requested by the IRS can claim one of the following reasons:
1. The dog ate my tax receipts
2. Convenient, unexplained, miscellaneous computer malfunction
3. Traded documents for five terrorists
4. Burned for warmth while lost in the Yukon
5. Left on table in Hillarys Book Room
6. Received water damage in the trunk of Ted Kennedys car
7. Forgot in gun case sold to Mexican drug lords
8. Forced to recycle by municipal Green Czar
9. Was short on toilet paper while camping
10. At this point, what difference does it make?
And it's only gonna get worse -- worse for the administration, that is -- if it keeps up with its pathetic nonsense.Posted by Hube at June 21, 2014 09:42 AM | TrackBack


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Sold Out
One of our new, antique singing bowls acquired from one of our favorite singing bowl collectors. The bowl was hand picked by DharmaShop founder, Sander Cohen, from a stunning and superior collection of antique bowls from Kathmandu.
This is a medium sized, beautifully aged, hand hammered singing bowl. Truly a one-of-a-kind bowl with gorgeous signs of age and wear including hand etched hash marks along the rim. With these antique details and a rich tone, it shows and sings beautifully.
Bowl rings at a D note when struck with a woolen mallet. This note resonates with the Sacral Chakra. This energy is the center for creating relationships of all kinds. It is where we develop an inward sense of self and an outward awareness of others.
Bowl measures approximately 7 inches in diameter and is about 3 1/2 inches deep. Comes with a traditional wooden striker.
All sound recordings are made by striking the bowl once with our Handcrafted Red Wool Mallet.


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Meet Emma, our new AI that helps you get to know anyone in 1 click
Those who know Bunch.ai know us as the experts in culture analytics. We launched our survey-based assessment service in 2017 for companies to measure and visualise employee mindsets and organisational culture using a behavioral framework from Charles O'Reilly at Stanford. Using survey results, we were able to map individual norms and behaviors to those of


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December 13, 2010 In Vibe
Renowned Artist Kate Petly at Vertical Arts this Friday
We are so excited to feature the work of renowned artist Kate Petley at the Vertical Arts gallery from Friday, December 17th through January 17th. Through a collaborative effort with Plus Gallery in Denver, we were able to bring Kate Petley's work to Steamboat Springs. Don't miss the opening reception which will be held this Friday evening the 17th at 5:30pm. Hors d'oeuvres, drinks, and music will accompany the exhibit.
Petley has worked with resin and mixed mediums for over a decade, producing results that exude mysterious, elegant textures and sensuous color-qualities that are largely indescribable without seeing the works firsthand.


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At Amazing Church we believe water baptism is an important biblical part of our Christian discipleship and growth. Water baptism signifies death to an old way of living and the start of a brand new LIFE. It's never too late for a new day and to go public with your faith.
DATE & TIME: Sunday, April 19th (2nd Experience 11:15AM)
Please click HERE to Register.


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Small Batches, GMO-Free
Great Lakes Potato Chip: As a family run business in Northern Michigan, Ed Girrbach and son Chris started Great Lakes Potato Chip Company in 2010 with one clear goal in mind: Make a chip worthy of the hardy, fresh spirit of the Great Lakes region and its people. Great Lakes Potato Chip Co. gets nearly 95 percent of its potatoes from Sackett Farms in Mecosta County, MI.
Something Those Naked Chips Just Can't Deliver: Great Lakes Potato Chips are cooked in small batches, with fresh, almost all Michigan potatoes and spices, in 100% non-GMO sunflower and canola oil. Their skin-on style puts a little extra "zip" in the chip, providing you a full-flavor snack adventure – something those naked chips just can't deliver.


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Blog Ideas For Human
Content marketing blog ideas from freelance writers available for hire. Scripted vets bloggers for quality, creativity and expertise. See how blog ideas work...
Short Blog Post $49.50
What is Human Resource Management?
Human resources are the people who make up the workforce. But how can HR management contribute to a healthy workplace? This article will introduce the HR responsibility in an organization.
serina rKennebunkport, Maine, United States
Short Blog Post $49.50
If You Give A Human A Glass Of Water
Since water is an important aspect of fitness, I decided it was an important topic to cover. The subtopics I have outlined are: • The importance of water • Health benefits of water • How much water a person needs to drink, which includes a couple of formulas • Signs of water intoxication from drinking too much water, plus how much water a person can safely drink in an hour and in a day • What if a person doesn't like the taste of water • Apps to remind a person to drink water, as well as tracking how much they have consumed
Short Blog Post $49.50
Top 5 Recruiting Mistakes Human Resource Managers Often Make
I would discuss mistakes such as rejecting candidates who are perceived as overqualified, relying on team votes for hiring, and failing to adequately prepare for interviews. After listing the top mistakes I would elaborate on how to avoid them.
Short Blog Post $49.50
Amazon scraps 'sexist' AI recruitment tool, keeping the human in HR
Amazon set up a secret project which attempted to create an algorithm that could pinpoint the perfect candidate from thousands of applicants. However, it was forced to dump the automated software when it was found to screen out female applicants. The issue arose because the data used to teach the algorithm what a successful candidate looks like was based on the company's past workforce - which has been overwhelmingly male. This case suggests that despite the millions being invested into human resourcing software, when it comes to finding the right candidate, there is still no substitute for human skill. SOURCE: https://www.reuters.com/article/us-amazon-com-jobs-automation-insight/amazon-scraps-secret-ai-recruiting-tool-that-showed-bias-against-women-idUSKCN1MK08G
Short Blog Post $49.50
Publicizing Your Business
Human resources and recruiting are more important than ever. It is important to let those in the job market know what you stand for and represent. By giving your company the positive publicity, you will attract the most qualified potential employees.
Short Blog Post $49.50
5 Emerging Technology Trends in Hiring
I would discuss five emerging technology trends that human resource professionals need to know about. 1. Create Employer Brand Videos 2. Artificial Intelligence for Screening 3. Video Preview Interviews 4. Predictive Analysis 5. Increased Use of Chatbots
Short Blog Post $49.50
3 Reasons to Use Social Media for Recruiting
This blog post outlines three reasons why every Human Resources Department should make social media part of their recruitment strategy. Reasons include: Cost Effective, Easy to Track Conversions, Highly Targeted Audiences.
Short Blog Post $132.50
Natural Selection Is Not Your Friend
Natural selection is not a deliberate process. There's no consciousness behind it executing a grand plan for humanity. But if there were, that consciousness would not be your friend. We attribute our survival skills to natural selection, but it has not taught us how to survive. It has taught us how to reproduce. After that, it doesn't care what happens to us one way or the other. For that reason, we would do well to regard our "natural impulses" with suspicion. This will come as no surprise to anyone confronting the rate of unwanted teen pregnancy. Natural selection doesn't care if pregnancy ruins your life. But what about true love--the kind that makes you feel as though your destiny, your truth, and your ultimate happiness have been revealed to you? Human beings have learned to reign in (to some extent) their raw sexual hunger through morality, cultural pressure, and the law. But what if true love is natural selection's version of The Empire Strikes Back? Consider how many marriages end in divorce or acrimony. Consider how indifferent true love is to things that really support lasting relationships such as shared values, mutual respect, and the ability to negotiate successfully. Consider how true love strangely transcends sexual intercourse while leading always inevitably to precisely that. Consider that true love is great at making babies but not so good at making marriages. Once you reproduce, natural selection is interested neither in your quest for fulfillment nor your need to put the kids through college. The next time you get that loving feeling, ask yourself whether your heart is really leading you to the ultimate union of truth and beauty or natural selection is just luring you into the woods to have its way with you. The thought that our highest aspirations, like our basest urges, might be not our truest selves but something more akin to demonic possession is unnerving. But if you really want to find fulfillment, especially with another person, you might be better off trusting your head than your heart.
Short Blog Post $49.50
Online Solutions to Streamline the Recruiting Process
In the post, I will recommend online methods to integrate into the recruiting process to create greater efficiency and time for human resources staff to attend to more personalized tasks. I will discuss the benefits of utilizing AI and algorithms during the initial candidate screening step to better manage large candidate databases. As well as, additional online safeguards to ensure face-to-face meetings with potential employees are a worthwhile investment of HR personnel's time. I will mention helpful tasks that can be sent to interested applicants and completed during their own schedule, such as links to background checks and online skills assessments. I will point out how a combination of these types of solutions will assist recruiters with more expediently arriving at their final selection process and ultimate hiring of the most suitable job seeker.
Short Blog Post $49.50
Taxation for Inhalation: Motivating Workplace Smoking Cessation
This piece will present statistics on workplace smoking and smoking policies that companies have in place. Results from a Society for Human Resource Management study will be discussed, and whether positive or negative quitting incentives (e.g., wellness literature vs increased health care premiums) have had a greater effect on smoking habits.
Short Blog Post $51.25
6 Trends That Changed HR Over The Past Decade
This SEO blog post will discuss, in extensive detail, the six trends that have changed the way people view -- and interact with -- human resources over the past 10 years.
Bernadette GNew York, New York, United States
Standard Blog Post $89.35
Accounting Software Versus Hiring a Professional
I will weigh the pros and cons of hiring a professional to assist with accounting versus utilizing software. I will discuss the advantages of having personalized attention and human input when working with an individual, in contrast to the accuracy provided by accounting software. I will note the possibility of human error, as well as the ability to decipher subtle nuances not yet perfected in artificial intelligence. I will point out the beneficial integration of both techniques for ensuring access to the most in-depth analytics and insight. I will explain the attributes of employing either option solely, such as the control provided by independently managing software features and the safety net involved with allowing professional accounting management.
Short Blog Post $53.25
Tags and Categories - A Straightforward Guide
This article will clarify the difference between tags and categories, and provide some guidelines about their use. It will promote the idea that both should be used primarily to make a site human-friendly and easily navigable.
Standard Blog Post $107.50
Self-Driving Cars: The Road To A Driverless Future
**Proposed article length: 750 words. This is a very interesting and emerging topic, and I already have ample experience writing about autonomous vehicles and AI.*** I'd like to write an informative and conversational article about how self-driving cars work, how AI is being improved, and how self-driving cars will soon be safer and more reliable than even the most skilled human driver. Topics I'll cover are: 1) How data is being captured from both the real world and the virtual world, 2) How AI software 'thinks' during driving, how the vehicle processes information (GPS, internal & external sensors etc) and how your car creates an image of the world around it 3) How self-driving cars will change the driving and transport industry (for example, approximately 4 million existing US jobs will become obsolete in the next 5-15 years) 4) What the roadmap is for the next 5-10 years, during which we will see the emergence of "SAE Levels 4 & 5" - which are complete driving autonomy. It would be a pleasure to write this article for you, thank you - Matthew Devitt.
Short Blog Post $70.00
How Planned Border Wall Will Kill Butterflies & Why You Should Care
Monarch butterflies face extinction, and so does the National Butterfly Center in Mission, Texas, a sanctuary to at least 60 types of butterflies. The proposed border wall likely will mean the end of this sanctuary. Dwindling numbers of butterflies, ravaged by loss of habitats, climate changes and use of pesticides, do not just diminish beauty in the world. Dying populations of the winged insect also contribute to problems for the human populations. Learn more about butterflies plight and importance, as well as identify what actions you can take to help.


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Starred in March 2018: Block Facebook, deploy to AWS, play beats in Python, delete Redux and enjoy some triply visuals
Again with the stars, and again with posting this nice and late the next month.
Here's a few projects that caught my eye in March.
Not a new one but a very important one. Steven Black's hosts file provides a tailored list of hostnames to block using your
/etc/hosts file. In the age of websites using third-party tracking services the simplest way to ensure your privacy is to never let your computer communicate with known trackers. It only takes a couple of minutes to completely block Facebook and others from tracking you across the web.
Ever needed to play audio in a Python project?
py-simple-audio enables just that in an incredibly easy way (simple, even?). If you've ever tried to play audio with PyAudio or PyGame you've run into the same dependency nightmares I have. To keep things simple it only supports WAV files – which is plenty for a lot of use cases (including a simple drum machine that I made last month).
up service launched last month and promises to deploy highly scalable, serverless application to AWS "in seconds" from you command line. It already supports a multitude of languages including Python and Node.js and intends to be cloud agnostic (though, only AWS Lambda is supported right now). I'll be using the OSS version of this to deploy a Django project ASAP, the paid version is $20/mo and offers things like instant rollbacks and encrypted secrets.
Flux/Redux takes quite a while to get your head around when you jump into the React world.
unstated removes the "all your state in one place" concept and builds on top of React's existing context patterns to share state between components. Unstated introduces Containers, Subscribers and Providers to manage state closer to the Components than you would in a Flux-like architecture. It's an interesting departure from the traditional "React way" and seems to be gaining a lot of traction.
Finally, a fun one:
That's it for now. I'll be back in May to talk about some fun discoveries in April. Then I'll be heading to Germany for DjangoConEU – can't wait!


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Tis been quite a while since my last entry and in that time I have continued to write up a storm. I start my Masters again in about 9 days after a good 8 months of time off. I am looking forward to getting back into it because it will hopefully feel like I am DOING something with my life, but am also quite concerned about its tendency to chew up all my free time. So I am writing crazily, trying to get a second full manuscript complete. That way I will have two full first drafts languishing in my drawer, waiting for my next opportunity to edit them. I have also been squashing all the episodes of Offspring and The Borgias into my viewing schedule and am nearly finished, again, just in time for Masters. And I've been back to work! Am working at two jobs that I used to have, before Borders even, and am liking them just fine 🙂 It's good to have a little bit more of a routine, though it does chop out a lot of writing time. I have been to the rheumatologist after about 7 weeks on cortisone (in which I have gained a lot of weight…not happy) and she is now slowly weaning me off it to see if my joints can take it. Cross all appendages for me please! I have made a decent dent in my bookcase, trying to get through a sizeable amount of books I own but haven't read, and have made some nice discoveries in the process. Currently reading the latest Dexter novel and it is suitable witty and gruesome. About to start on the Fables graphic novels, courtesy of my best mate. Also doing a variety show with a bunch of awesome peeps, and trying to fit as much decent sleep into my schedule as life permits. Adios until next time folks!!
Month: June 2012
One down…
So yesterday I actually finished a first draft of my novel. One small keystroke for me, one giant manuscript for my burgeoning career. I've organised my bookcase so I have all the books I haven't read grouped together, and I think I will tackle 'Floundering' by Romy Ash next. I'm excited about this because a) Romy Ash is Australian, b) 'Floundering is a debut novel and c) everyone is loving the crap out of it, so I'm guessing it's going to be great. I also just recently finished 'How I Live Now' by Meg Rosoff which blew my mind to pieces and I am so ashamed I didn't read it sooner. Now to read everything else she has written. Amazing book. In the meantime I have been watching 'Game of Thrones' and whittling my resumé and cover letter into streamlined and (hopefully) more efficient versions of their former selves. There is a truly amazing looking job I have my eye on, so fingers crossed for me please! Last weekend I went to see 'The Way', a film by Emilio Estevez with some friends from my church. The film was a great little outing, all about a walk across northern Spain called the Camino de Santiago. It has now been added to my list of stuff to do on my worldwide travels. I'm planning a trip to Japan in April with my Dad to see the cherry blossoms in Kyoto, and this is helping with my cabin fever and the itch to get back overseas. Until next time! xx
Who has two thumbs and 46,000 words on their first draft? Me! *points to self with two thumbs* Over the last few weeks I have managed to stick (95% of the time) to the 2000 word limit a day I have set myself. Some days it is easy, some days it feels like pulling teeth with no anesthetic, but I DO IT ANYWAY. CHYEAH. I have also been back to the rheumatologist and although we still don't quite know what's up with my arthritis, the cortisone is working as an excellent painkiller and I have been given the green light to find work…soooooo if anyone out in the blogosphere wants to give me a job, hit me up 🙂 Looking for a job is one of the most soul-crushingly depressing processes, so I am hoping it ain't too painful this time, but I need money. Working in a library has been a dream of mine for a while now, and it's the kind of place that could allow me to keep writing on the side… One day. One day.
Also, first rehearsal for a new show last night – the first in a year for me, and it was so much fun. Helped with the cabin fever too! Oh and I have new bookshelves. It looks like there is a library in the corner of my bedroom. It's amazing. Oh and a new phone! Well, a lovely second hand one that used to belong to the lovely Sean, but its heaps of fun to play with. In the meantime I have been watching Community and going to a couple of events for the Emerging Writer's Festival.
Yes. Life is good 🙂


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COMMONWEALTH v. Luis DRUMMOND.
The defendant, Luis Drummond, was convicted of armed robbery while masked, G.L. c. 265, § 17, based in part on a confession he made to a detective when the two were alone in a police interrogation room. Because the interrogation had not been recorded, the defendant requested and received a jury instruction pursuant to Commonwealth v. DiGiambattista, 442 Mass. 423, 447-448, 813 N.E.2d 516 (2004). However, the trial judge blunted the impact of the instruction by telling jurors they could disregard it if they found that the defendant had in essence declined to have the interrogation recorded after being advised of his right to have that done. The judge also omitted the second half of the instruction, which allows but does not compel jurors to find that a confession was involuntary if it was not recorded. No objection was lodged to what we conclude were erroneous instructions. Nonetheless, given the Commonwealth's other formidable evidence, we hold that the error did not create a substantial risk of a miscarriage of justice. The defendant's remaining contention as to the prosecutor's closing is without merit.
Background. the jury could have found the following. following his arrest, the defendant received miranda warnings in english and was also provided with written warnings in portuguese, his native language. he signed the written form, indicating that he understood his rights, and was taken into an interview room, accompanied only by a detective johnson. according to the detective's testimony, inside the room, the detective repeated the miranda warnings and told the defendant that he had a right to have an audiotape made of the interview. the defendant declined recording and signed a waiver, in english, to that effect. the waiver was subsequently lost and not produced at trial. the defendant then proceeded to confess that he had been the getaway driver during the robbery. the interview was conducted in english, and the defendant showed no difficulty understanding what was being said.
Following the interview, the defendant led officers to the scene of the robbery, giving detailed directions in English. Upon arrival, he showed police the exact spot where he had parked to await his companions. He then took the officers on a tour of his escape route, pointing out the house where he dropped off the gunmen after the robbery. During this time, the defendant was cooperative and relaxed and showed no difficulty with the English language.
The defendant presented no witnesses at trial. The only testimony regarding his alleged waiver of the right to record his confession came from Detective Johnson. During the final charge, the judge instructed the jury as follows:
"If you find that the defendant was not advised of a right to have this statement recorded and that he did not decline the recording then you must consider the following instruction. The Supreme Judicial Court which is our state's highest court has expressed a preference that such interrogations, that is, an interview of a defendant at a police station be recorded whenever practicable. Since there is no complete recording of an interrogation in this case, if you find that the defendant wasn't advised and he had a right to have it recorded and did not exercise his right not to record it, you should weigh the evidence of the alleged statement with caution and care, with great caution and care. The reason is that the Commonwealth may have had the ability to reliably record the totality of the circumstances upon which it actually determined beyond a reasonable doubt that the defendant's statement was voluntar[y], then instead is presenting secondary evidence of the circumstances drawn from the possibly fallible or select memory of witnesses."
The judge then repeated this qualification, telling the jurors that "[i]f in fact he was advised of his right and he declined [to be recorded], then you should disregard that most recent instruction that I gave you but you must consider that instruction if in fact he was not advised of his right to have a statement recorded and declined to have it recorded." Defense counsel raised no objection to these instructions.
On appeal, Drummond claims that qualifying the DiGiambattista instruction in the manner that the judge did was error. He also argues that the instruction was incomplete, because the judge failed to tell the jury that they could use the absence of a recording to "conclude that the Commonwealth has failed to prove voluntariness beyond a reasonable doubt," as required when voluntariness is at issue. Finally, he claims that the prosecutor's closing argument made improper reference to his right to remain silent by stating that the voluntariness of his confession was uncontradicted. We address each claim in turn.
1. The DiGiambattista instruction. Because the defendant did not lodge an objection, we review to determine whether the judge's instructions created a substantial risk of a miscarriage of justice. See Commonwealth v. Peppicelli, 70 Mass.App.Ct. 87, 95, 872 N.E.2d 1142 (2007). An erroneous jury instruction poses such a risk if it "materially influence[d]" the jury's verdict. Commonwealth v. Alphas, 430 Mass. 8, 13, 712 N.E.2d 575 (1999), quoting from Commonwealth v. Freeman, 352 Mass. 556, 564, 227 N.E.2d 3 (1967).
The Supreme Judicial Court held that "when the prosecution introduces evidence of a defendant's confession or statement that is the product of a custodial interrogation or an interrogation conducted at a place of detention (e.g., a police station), and there is not at least an audiotape recording of the complete interrogation, the defendant is entitled (on request) to a jury instruction․" DiGiambattista, 442 Mass. at 447, 813 N.E.2d 516. Such instruction is to advise jurors that "the State's highest court has expressed a preference that such interrogations be recorded whenever practicable," and that "because of the absence of any recording of the interrogation in the case before them, they should weigh evidence of the defendant's alleged statement with great caution and care." Id. at 447-448, 813 N.E.2d 516. In cases "[w]here voluntariness is a live issue and the humane practice instruction is given, the jury should also be advised that the absence of a recording permits (but does not compel) them to conclude that the Commonwealth has failed to prove voluntariness beyond a reasonable doubt." Id. at 448, 813 N.E.2d 516, citing Commonwealth v. Cryer, 426 Mass. 562, 571, 689 N.E.2d 808 (1998).
a. The conditional instruction. The judge told the jurors that they only needed to consider the instruction if they found that the defendant "was not advised of a right to have this statement recorded and that he did not decline the recording." There is nothing in DiGiambattista that permits the required instruction to be made conditional in this fashion. The court's decision did not create a new right for a defendant to assert or forgo. Instead, focusing on the benefits to the Commonwealth, the defendant, the court, and the jury that recorded statements would inevitably provide,1 the court said, clearly and unequivocally, that
"the defendant is entitled (on request) to a jury instruction advising that the State's highest court has expressed a preference that such interrogations be recorded whenever practicable, and cautioning the jury that, because of the absence of any recording of the interrogation in the case before them, they should weigh evidence of the defendant's alleged statement with great caution and care" (emphasis supplied).
DiGiambattista, 442 Mass. at 447-448, 813 N.E.2d 516.
The multi-faceted benefits recordings provide also led the court to conclude that "the instruction is appropriate for any custodial interrogation, or interrogation conducted in a place of detention, without regard to the alleged reasons for not recording that interrogation" (emphasis supplied). Id. at 448, 813 N.E.2d 516. Particular reasons why an interrogation was not recorded are for the jury to weigh when they consider, after hearing the instruction, evidence of what the Commonwealth contends the defendant said to police. As the court explained, "[i]t is of course permissible for the prosecution to address any reasons or justifications that would explain why no recording was made, leaving it to the jury to assess what weight they should give to the lack of a recording. The mere presence of such reasons or justifications, however, does not obviate the need for the cautionary instruction." Id. at 448-449, 813 N.E.2d 516. The judge's limiting language ignored this clear directive and stripped the instruction of at least some of its force. As given, the instruction was incorrect.
b. The voluntariness prong of the instruction. At trial, the defendant argued that his inability to understand English rendered his confession involuntary. Because voluntariness was a live issue and the humane practice instruction was given, the jury should "also [have been] advised that the absence of a recording permits (but does not compel) them to conclude that the Commonwealth has failed to prove voluntariness beyond a reasonable doubt." DiGiambattista, 442 Mass. at 448, 813 N.E.2d 516. The judge, however, failed to give this portion of the instruction.
The Commonwealth argues that the defendant waived the issue because he never requested "this aspect" of the instruction. Indeed, it appears from the record that defense counsel's request did not contain the relevant language. It remains the case, however, that the defendant asked for a DiGiambattista instruction by name, and that voluntariness lay at the heart of his defense. We are hard pressed to see how, by the plain language of DiGiambattista, he was required to do more than this; his request should automatically have triggered the second half of the instruction. Id. at 448, 813 N.E.2d 516.
An erroneous jury instruction poses a substantial risk of a miscarriage of justice if it "materially influence[d]" the jury's verdict. Commonwealth v. Alphas, 430 Mass. at 13, 712 N.E.2d 575. However, where the government's other evidence is "formidable," such a risk is not created. Id. at 14, 712 N.E.2d 575. The defendant's unrecorded confession was not the only evidence of his guilt. After the interview, he led investigators to the scene of the crime and detailed his involvement in the robbery. Even if the complete and correct instruction called for by DiGiambattista had been given, the voluntariness of these inculpatory statements and actions would still have been determined "on the totality of the circumstances." DiGiambattista, 442 Mass. at 448, 813 N.E.2d 516, citing Commonwealth v. Selby, 420 Mass. 656, 662-663, 651 N.E.2d 843 (1995). Nothing in the record indicates that the defendant's subsequent cooperation with the police was coerced in any way. Given the considerable evidence before the jury as to the defendant's guilt, we find no basis for concluding that the jury's decision "might have been otherwise but for the error." Alphas, 430 Mass. at 13, 712 N.E.2d 575, citing Commonwealth v. Miranda, 22 Mass.App.Ct. 10, 21, 490 N.E.2d 1195 (1986).
2. The prosecutor's closing statement. The defendant also takes issue with that aspect of the prosecutor's closing argument which maintained that there was "no evidence" that the confession was involuntary. The defendant claims this was an impermissible comment on his failure to testify, in violation of the State and Federal constitutions. On appeal, we "examine the entire argument to determine whether, in context, the challenged remarks are directed 'more at the general weakness of [the defendant's] defense than toward the defendant's own failure to testify.' " Commonwealth v. Buzzell, 53 Mass.App.Ct. 362, 367, 759 N.E.2d 344 (2001), quoting from Commonwealth v. Storey, 378 Mass. 312, 324, 391 N.E.2d 898 (1979), cert. denied, 446 U.S. 955, 100 S.Ct. 2924, 64 L.Ed.2d 813 (1980).
When Detective Johnson presented the defendant with the waiver and elicited his confession, there were no other witnesses present. What this means, according to the defendant, is that the defendant was the only person who could rebut the detective's claim that the waiver was voluntary and, hence, that any reference to the lack of evidence would be a comment on his silence. Taken in context, however, the challenged comment can readily be otherwise understood. The challenged statement came immediately before a catalog of the Commonwealth's own evidence that the confession was voluntary, including testimony about the defendant's conduct during booking, which showed that he understood both his Miranda rights and the English language. "A prosecutor is entitled to emphasize the strong points of the Commonwealth's case and the weaknesses of the defendant's case, even though he may, in so doing, prompt some collateral or passing reflection on the fact that the defendant declined to testify." Commonwealth v. Feroli, 407 Mass. 405, 409, 553 N.E.2d 934 (1990). Furthermore, the judge properly instructed the jury on the presumption of innocence and the Commonwealth's burden of proof. She also reminded them that the defendant has a constitutional right not to testify. "[J]urors are presumed to follow a judge's instructions," and we see no reason to believe they did not do so here. Commonwealth v. Montez, 450 Mass. 736, 746, 881 N.E.2d 753 (2008).
Judgment affirmed.
1. In that regard, the court in DiGiambattista noted that the absence of a recording "resulted in the expenditure of significant judicial resources (by three courts), all in an attempt to reconstruct what transpired during several hours of interrogation conducted in 1998 and to perform an analysis of the constitutional ramifications of that incomplete reconstruction. Where, as here, it is the Commonwealth that bears the burden of proof, gaps in that reconstruction, and the inability to place the coercive features of the interrogation in their precise context, must result in suppression of the statement. We will never know whether, if able to hear (or even view) the entirety of the interrogation, the impact of the officers' trickery and implied offers of leniency might have appeared in context sufficiently attenuated to permit the conclusion that DiGiambattista's confession was nevertheless voluntary." Id. at 440, 813 N.E.2d 516. The court went on to say that "[o]ther jurisdictions ․ have acknowledged that recording of interrogations would act as a deterrent to police misconduct, reduce the number and length of contested motions to suppress, allow for more accurate resolution of the issues raised in motions to suppress, and at trial on the merits, provide the fact finder a complete version of precisely what the defendant did (or did not) say in any statement or confession." Id. at 442, 813 N.E.2d 516.


text: Congratulations Class of 2018! May 17, 2018 By Felicia Messimer Campbell County Health is proud of all the scholars and graduates of our dedicated employees. The recipients of the CCH Board of Trustees scholarships ($5,000 awarded to each) include Alexis Bell (TBHS); Keith Edmonds (CCHS); Ashlynn Guffey (TBHS); and Madison Wooley (Wright). The recipients of the CCH Volunteer Services scholarships ($1,000 awarded to each) include Christina Lacek and Madison Strohschein. Previous Post | Next Post


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Located close to the entrance of the beautiful Lake Munmorah Residential Resort, this home is a short walk to the Indoor Pool and Gym. Its versatile floorplan offers 3 bedrooms and a separate living area, a dining area off the kitchen, plus a front and back covered verandah. There is also an ensuite and another bathroom, complete with bath. It also offers vacant possession.
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Home owners at Lake Munmorah Residential Resort enjoy the very best recreational facilities for the over 50's. The resort is on 7 acres and includes beautiful landscaped gardens and picnic areas, 2 swimming pools (one is an indoor heated lap pool), a full size tennis court, a professional bowling green, and a fully equipped gymnasium. The residents' clubhouse is a magnificent facility which features a competition size billiards table that previously belonged to Eddie Charlton, a bar area where residents enjoy happy hour, a library, timber fire place, dance floor and a variety of other activities. Residents also enjoy the convenience of the courtesy bus which takes them to local shopping centres on a regular basis.
For an appointment to view call Evelyn on 02 4358 0000 or 0414 871 040.


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Values and Ethos
Our school values are at the core of everything we do. They underpin our teaching and learning, and provide an environment which prepares our pupils to be confident and happy citizens.
We believe that the three elements of PROVISION, ENHANCEMENT and ENRICHMENT - when combined together proportionally - create a unique, high-quality education, which enables every pupil to achieve academically and to SHINE individually.
At the centre of our ethos we have two core values of TAKE CARE and DARE TO BE DIFFERENT.


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The main post office in Exeter, in Princesshay Shopping Centre, will close. It is part of a major new agreement between the post office and WHSmith to improve growth and ensure added customer service delivery nationwide. The city post office will move into WHSmith off Queen's Street.
Post offices across the country in a smart move have leveraged on this opportunity of strategic high street locations by joining forces with WHSmith, which currently runs a network of 135 post offices and by 2019 there is a proposed estimate of 175 outlets. In addition, WHSmith will move to a franchise agreement, of 33 post offices sited in stores but currently operated directly by the post office.
Benefits of this arrangement
Improved service hours: WHSmith outlets will have additional working hours for customers. This will mean customers have more access time to carry out their business. Service will also be available on Sundays.
Roger Gale, Post Office Network and Sales Director, said: ''opening hours for customers have been increased by more than 200,000 per week.''
Growth improvement: The business is thriving with an expansion plan and projected growth indices. Roger Gale said: ''It is advantageous to still widen this successful and sustainable Post Office business service. For over ten years now this relationship has been successful between WHSmith and Post Office.''


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Climate Law in EU Member States
Towards National Legislation for Climate Protection
Edited by Marjan Peeters, Mark Stallworthy and Javier de Cendra de Larragán
The complex and multifaceted nature of EU climate legislation poses a major challenge for EU member states. This timely book focuses on national climate action, addressing the regulatory responses required for the purposes of meeting greenhouse gas emissions reduction objectives for 2020 (and beyond).
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Chapter 12: Implementing the carbon capture and storage regime in the UK: experiences from a front-runner country
Giedre Kaminskaite- Salters
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10 minutes by taxi from JR Gifu Station.15 minutes on bus from JR Gifu Station bound for Takatomi. Get off at Nagarabashi and 3 minutes walk.
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