‘Tougher on Crime’ is no way to go – Wisconsin Examiner

.current-menu-item > a, .td-header-wrap .black-menu .sf-menu > .current-menu-ancestor > a, .td-header-wrap .black-menu .sf-menu > .current-category-ancestor > a, .td-header-wrap .black-menu .sf-menu > li > a:hover, .td-header-wrap .black-menu .sf-menu > .sfHover > a, .td-header-style-12 .td-header-menu-wrap-full, .sf-menu > .current-menu-item > a:after, .sf-menu > .current-menu-ancestor > a:after, .sf-menu > .current-category-ancestor > a:after, .sf-menu > li:hover > a:after, .sf-menu > .sfHover > a:after, .td-header-style-12 .td-affix, .header-search-wrap .td-drop-down-search:after, .header-search-wrap .td-drop-down-search .btn:hover, input[type=submit]:hover, .td-read-more a, .td-post-category:hover, .td-grid-style-1.td-hover-1 .td-big-grid-post:hover .td-post-category, .td-grid-style-5.td-hover-1 .td-big-grid-post:hover .td-post-category, .td_top_authors .td-active .td-author-post-count, .td_top_authors .td-active .td-author-comments-count, .td_top_authors .td_mod_wrap:hover .td-author-post-count, .td_top_authors .td_mod_wrap:hover .td-author-comments-count, .td-404-sub-sub-title a:hover, .td-search-form-widget .wpb_button:hover, .td-rating-bar-wrap div, .td_category_template_3 .td-current-sub-category, .dropcap, .td_wrapper_video_playlist .td_video_controls_playlist_wrapper, .wpb_default, .wpb_default:hover, .td-left-smart-list:hover, .td-right-smart-list:hover, .woocommerce-checkout .woocommerce input.button:hover, .woocommerce-page .woocommerce a.button:hover, .woocommerce-account div.woocommerce .button:hover, #bbpress-forums button:hover, .bbp_widget_login .button:hover, .td-footer-wrapper .td-post-category, .td-footer-wrapper .widget_product_search input[type="submit"]:hover, .woocommerce .product a.button:hover, .woocommerce .product #respond input#submit:hover, .woocommerce .checkout input#place_order:hover, .woocommerce .woocommerce.widget .button:hover, .single-product .product .summary .cart .button:hover, .woocommerce-cart .woocommerce table.cart .button:hover, .woocommerce-cart .woocommerce .shipping-calculator-form .button:hover, .td-next-prev-wrap a:hover, .td-load-more-wrap a:hover, .td-post-small-box a:hover, .page-nav .current, .page-nav:first-child > div, .td_category_template_8 .td-category-header .td-category a.td-current-sub-category, .td_category_template_4 .td-category-siblings .td-category a:hover, #bbpress-forums .bbp-pagination .current, #bbpress-forums #bbp-single-user-details #bbp-user-navigation li.current a, .td-theme-slider:hover .slide-meta-cat a, a.vc_btn-black:hover, .td-trending-now-wrapper:hover .td-trending-now-title, .td-scroll-up, .td-smart-list-button:hover, .td-weather-information:before, .td-weather-week:before, .td_block_exchange .td-exchange-header:before, .td_block_big_grid_9.td-grid-style-1 .td-post-category, .td_block_big_grid_9.td-grid-style-5 .td-post-category, .td-grid-style-6.td-hover-1 .td-module-thumb:after, .td-pulldown-syle-2 .td-subcat-dropdown ul:after, .td_block_template_9 .td-block-title:after, .td_block_template_15 .td-block-title:before, div.wpforms-container .wpforms-form div.wpforms-submit-container button[type=submit] { background-color: #1e73be; } .td_block_template_4 .td-related-title .td-cur-simple-item:before { border-color: #1e73be transparent transparent transparent !important; } .woocommerce .woocommerce-message .button:hover, .woocommerce .woocommerce-error .button:hover, .woocommerce .woocommerce-info .button:hover { background-color: #1e73be !important; } .td_block_template_4 .td-related-title .td-cur-simple-item, .td_block_template_3 .td-related-title .td-cur-simple-item, .td_block_template_9 .td-related-title:after { background-color: #1e73be; } .woocommerce .product .onsale, .woocommerce.widget .ui-slider .ui-slider-handle { background: none #1e73be; } .woocommerce.widget.widget_layered_nav_filters ul li a { background: none repeat scroll 0 0 #1e73be !important; } a, cite a:hover, .td_mega_menu_sub_cats .cur-sub-cat, .td-mega-span h3 a:hover, .td_mod_mega_menu:hover .entry-title a, .header-search-wrap .result-msg a:hover, .td-header-top-menu .td-drop-down-search .td_module_wrap:hover .entry-title a, .td-header-top-menu .td-icon-search:hover, .td-header-wrap .result-msg a:hover, .top-header-menu li a:hover, .top-header-menu .current-menu-item > a, .top-header-menu .current-menu-ancestor > a, .top-header-menu .current-category-ancestor > a, .td-social-icon-wrap > a:hover, .td-header-sp-top-widget .td-social-icon-wrap a:hover, .td-page-content blockquote p, .td-post-content blockquote p, .mce-content-body blockquote p, .comment-content blockquote p, .wpb_text_column blockquote p, .td_block_text_with_title blockquote p, .td_module_wrap:hover .entry-title a, .td-subcat-filter .td-subcat-list a:hover, .td-subcat-filter .td-subcat-dropdown a:hover, .td_quote_on_blocks, .dropcap2, .dropcap3, .td_top_authors .td-active .td-authors-name a, .td_top_authors .td_mod_wrap:hover .td-authors-name a, .td-post-next-prev-content a:hover, .author-box-wrap .td-author-social a:hover, .td-author-name a:hover, .td-author-url a:hover, .td_mod_related_posts:hover h3 > a, .td-post-template-11 .td-related-title .td-related-left:hover, .td-post-template-11 .td-related-title .td-related-right:hover, .td-post-template-11 .td-related-title .td-cur-simple-item, .td-post-template-11 .td_block_related_posts .td-next-prev-wrap a:hover, .comment-reply-link:hover, .logged-in-as a:hover, #cancel-comment-reply-link:hover, .td-search-query, .td-category-header .td-pulldown-category-filter-link:hover, .td-category-siblings .td-subcat-dropdown a:hover, .td-category-siblings .td-subcat-dropdown a.td-current-sub-category, .widget a:hover, .td_wp_recentcomments a:hover, .archive .widget_archive .current, .archive .widget_archive .current a, .widget_calendar tfoot a:hover, .woocommerce a.added_to_cart:hover, .woocommerce-account .woocommerce-MyAccount-navigation a:hover, #bbpress-forums li.bbp-header .bbp-reply-content span a:hover, #bbpress-forums .bbp-forum-freshness a:hover, #bbpress-forums .bbp-topic-freshness a:hover, #bbpress-forums .bbp-forums-list li a:hover, #bbpress-forums .bbp-forum-title:hover, #bbpress-forums .bbp-topic-permalink:hover, #bbpress-forums .bbp-topic-started-by a:hover, #bbpress-forums .bbp-topic-started-in a:hover, #bbpress-forums .bbp-body .super-sticky li.bbp-topic-title .bbp-topic-permalink, #bbpress-forums .bbp-body .sticky li.bbp-topic-title .bbp-topic-permalink, .widget_display_replies .bbp-author-name, .widget_display_topics .bbp-author-name, .footer-text-wrap .footer-email-wrap a, .td-subfooter-menu li a:hover, .footer-social-wrap a:hover, a.vc_btn-black:hover, .td-smart-list-dropdown-wrap .td-smart-list-button:hover, .td_module_17 .td-read-more a:hover, .td_module_18 .td-read-more a:hover, .td_module_19 .td-post-author-name a:hover, .td-instagram-user a, .td-pulldown-syle-2 .td-subcat-dropdown:hover .td-subcat-more span, .td-pulldown-syle-2 .td-subcat-dropdown:hover .td-subcat-more i, .td-pulldown-syle-3 .td-subcat-dropdown:hover .td-subcat-more span, .td-pulldown-syle-3 .td-subcat-dropdown:hover .td-subcat-more i, .td-block-title-wrap .td-wrapper-pulldown-filter .td-pulldown-filter-display-option:hover, .td-block-title-wrap .td-wrapper-pulldown-filter .td-pulldown-filter-display-option:hover i, .td-block-title-wrap .td-wrapper-pulldown-filter .td-pulldown-filter-link:hover, .td-block-title-wrap .td-wrapper-pulldown-filter .td-pulldown-filter-item .td-cur-simple-item, .td_block_template_2 .td-related-title .td-cur-simple-item, .td_block_template_5 .td-related-title .td-cur-simple-item, .td_block_template_6 .td-related-title .td-cur-simple-item, .td_block_template_7 .td-related-title .td-cur-simple-item, .td_block_template_8 .td-related-title .td-cur-simple-item, .td_block_template_9 .td-related-title .td-cur-simple-item, .td_block_template_10 .td-related-title .td-cur-simple-item, .td_block_template_11 .td-related-title .td-cur-simple-item, .td_block_template_12 .td-related-title .td-cur-simple-item, .td_block_template_13 .td-related-title .td-cur-simple-item, .td_block_template_14 .td-related-title .td-cur-simple-item, .td_block_template_15 .td-related-title .td-cur-simple-item, .td_block_template_16 .td-related-title .td-cur-simple-item, .td_block_template_17 .td-related-title .td-cur-simple-item, .td-theme-wrap .sf-menu ul .td-menu-item > a:hover, .td-theme-wrap .sf-menu ul .sfHover > a, .td-theme-wrap .sf-menu ul .current-menu-ancestor > a, .td-theme-wrap .sf-menu ul .current-category-ancestor > a, .td-theme-wrap .sf-menu ul .current-menu-item > a, .td_outlined_btn { color: #1e73be; } a.vc_btn-black.vc_btn_square_outlined:hover, a.vc_btn-black.vc_btn_outlined:hover, .td-mega-menu-page .wpb_content_element ul li a:hover, .td-theme-wrap .td-aj-search-results .td_module_wrap:hover .entry-title a, .td-theme-wrap .header-search-wrap .result-msg a:hover { color: #1e73be !important; } .td-next-prev-wrap a:hover, .td-load-more-wrap a:hover, .td-post-small-box a:hover, .page-nav .current, .page-nav:first-child > div, .td_category_template_8 .td-category-header .td-category a.td-current-sub-category, .td_category_template_4 .td-category-siblings .td-category a:hover, #bbpress-forums .bbp-pagination .current, .post .td_quote_box, .page .td_quote_box, a.vc_btn-black:hover, .td_block_template_5 .td-block-title > *, .td_outlined_btn { border-color: #1e73be; } .td_wrapper_video_playlist .td_video_currently_playing:after { border-color: #1e73be !important; } .header-search-wrap .td-drop-down-search:before { border-color: transparent transparent #1e73be transparent; } .block-title > span, .block-title > a, .block-title > label, .widgettitle, .widgettitle:after, .td-trending-now-title, .td-trending-now-wrapper:hover .td-trending-now-title, .wpb_tabs li.ui-tabs-active a, .wpb_tabs li:hover a, .vc_tta-container .vc_tta-color-grey.vc_tta-tabs-position-top.vc_tta-style-classic .vc_tta-tabs-container .vc_tta-tab.vc_active > a, .vc_tta-container .vc_tta-color-grey.vc_tta-tabs-position-top.vc_tta-style-classic .vc_tta-tabs-container .vc_tta-tab:hover > a, .td_block_template_1 .td-related-title .td-cur-simple-item, .woocommerce .product .products h2:not(.woocommerce-loop-product__title), .td-subcat-filter .td-subcat-dropdown:hover .td-subcat-more, .td_3D_btn, .td_shadow_btn, .td_default_btn, .td_round_btn, .td_outlined_btn:hover { background-color: #1e73be; } .woocommerce div.product .woocommerce-tabs ul.tabs li.active { background-color: #1e73be !important; } .block-title, .td_block_template_1 .td-related-title, .wpb_tabs .wpb_tabs_nav, .vc_tta-container .vc_tta-color-grey.vc_tta-tabs-position-top.vc_tta-style-classic .vc_tta-tabs-container, .woocommerce div.product .woocommerce-tabs ul.tabs:before { border-color: #1e73be; } .td_block_wrap .td-subcat-item a.td-cur-simple-item { color: #1e73be;} .td-grid-style-4 .entry-title { background-color: rgba(30, 115, 190, 0.7); } .td-header-wrap .td-header-menu-social .td-social-icon-wrap a { color: #dd9933; }]]> .current-menu-item > a, .td-header-wrap .black-menu .sf-menu > .current-menu-ancestor > a, .td-header-wrap .black-menu .sf-menu > .current-category-ancestor > a, .td-header-wrap .black-menu .sf-menu > li > a:hover, .td-header-wrap .black-menu .sf-menu > .sfHover > a, .td-header-style-12 .td-header-menu-wrap-full, .sf-menu > .current-menu-item > a:after, .sf-menu > .current-menu-ancestor > a:after, .sf-menu > .current-category-ancestor > a:after, .sf-menu > li:hover > a:after, .sf-menu > .sfHover > a:after, .td-header-style-12 .td-affix, .header-search-wrap .td-drop-down-search:after, .header-search-wrap .td-drop-down-search .btn:hover, input[type=submit]:hover, .td-read-more a, .td-post-category:hover, .td-grid-style-1.td-hover-1 .td-big-grid-post:hover .td-post-category, .td-grid-style-5.td-hover-1 .td-big-grid-post:hover .td-post-category, .td_top_authors .td-active .td-author-post-count, .td_top_authors .td-active .td-author-comments-count, .td_top_authors .td_mod_wrap:hover .td-author-post-count, .td_top_authors .td_mod_wrap:hover .td-author-comments-count, .td-404-sub-sub-title a:hover, .td-search-form-widget .wpb_button:hover, .td-rating-bar-wrap div, .td_category_template_3 .td-current-sub-category, .dropcap, .td_wrapper_video_playlist .td_video_controls_playlist_wrapper, .wpb_default, .wpb_default:hover, .td-left-smart-list:hover, .td-right-smart-list:hover, .woocommerce-checkout .woocommerce input.button:hover, .woocommerce-page .woocommerce a.button:hover, .woocommerce-account div.woocommerce .button:hover, #bbpress-forums button:hover, .bbp_widget_login .button:hover, .td-footer-wrapper .td-post-category, .td-footer-wrapper .widget_product_search input[type="submit"]:hover, .woocommerce .product a.button:hover, .woocommerce .product #respond input#submit:hover, .woocommerce .checkout input#place_order:hover, .woocommerce .woocommerce.widget .button:hover, .single-product .product .summary .cart .button:hover, .woocommerce-cart .woocommerce table.cart .button:hover, .woocommerce-cart .woocommerce .shipping-calculator-form .button:hover, .td-next-prev-wrap a:hover, .td-load-more-wrap a:hover, .td-post-small-box a:hover, .page-nav .current, .page-nav:first-child > div, .td_category_template_8 .td-category-header .td-category a.td-current-sub-category, .td_category_template_4 .td-category-siblings .td-category a:hover, #bbpress-forums .bbp-pagination .current, #bbpress-forums #bbp-single-user-details #bbp-user-navigation li.current a, .td-theme-slider:hover .slide-meta-cat a, a.vc_btn-black:hover, .td-trending-now-wrapper:hover .td-trending-now-title, .td-scroll-up, .td-smart-list-button:hover, .td-weather-information:before, .td-weather-week:before, .td_block_exchange .td-exchange-header:before, .td_block_big_grid_9.td-grid-style-1 .td-post-category, .td_block_big_grid_9.td-grid-style-5 .td-post-category, .td-grid-style-6.td-hover-1 .td-module-thumb:after, .td-pulldown-syle-2 .td-subcat-dropdown ul:after, .td_block_template_9 .td-block-title:after, .td_block_template_15 .td-block-title:before, div.wpforms-container .wpforms-form div.wpforms-submit-container button[type=submit] { background-color: #749FD4 !important; }]]> .current-category-ancestor > a, .tdm-menu-active-style3 .tdm-header.td-header-wrap .sf-menu > .current-menu-ancestor > a, .tdm-menu-active-style3 .tdm-header.td-header-wrap .sf-menu > .current-menu-item > a, .tdm-menu-active-style3 .tdm-header.td-header-wrap .sf-menu > .sfHover > a, .tdm-menu-active-style3 .tdm-header.td-header-wrap .sf-menu > li > a:hover, .tdm_block_column_content:hover .tdm-col-content-title-url .tdm-title, .tds-button2 .tdm-btn-text, .tds-button2 i, .tds-button5:hover .tdm-btn-text, .tds-button5:hover i, .tds-button6 .tdm-btn-text, .tds-button6 i, .tdm_block_list .tdm-list-item i, .tdm_block_pricing .tdm-pricing-feature i, .tdm-social-item i { color: #1e73be; } .tdm-menu-active-style5 .td-header-menu-wrap .sf-menu > .current-menu-item > a, .tdm-menu-active-style5 .td-header-menu-wrap .sf-menu > .current-menu-ancestor > a, .tdm-menu-active-style5 .td-header-menu-wrap .sf-menu > .current-category-ancestor > a, .tdm-menu-active-style5 .td-header-menu-wrap .sf-menu > li > a:hover, .tdm-menu-active-style5 .td-header-menu-wrap .sf-menu > .sfHover > a, .tds-button1, .tds-button6:after, .tds-title2 .tdm-title-line:after, .tds-title3 .tdm-title-line:after, .tdm_block_pricing.tdm-pricing-featured:before, .tdm_block_pricing.tds_pricing2_block.tdm-pricing-featured .tdm-pricing-header, .tds-progress-bar1 .tdm-progress-bar:after, .tds-progress-bar2 .tdm-progress-bar:after, .tds-social3 .tdm-social-item { background-color: #1e73be; } .tdm-menu-active-style4 .tdm-header .sf-menu > .current-menu-item > a, .tdm-menu-active-style4 .tdm-header .sf-menu > .current-menu-ancestor > a, .tdm-menu-active-style4 .tdm-header .sf-menu > .current-category-ancestor > a, .tdm-menu-active-style4 .tdm-header .sf-menu > li > a:hover, .tdm-menu-active-style4 .tdm-header .sf-menu > .sfHover > a, .tds-button2:before, .tds-button6:before, .tds-progress-bar3 .tdm-progress-bar:after { border-color: #1e73be; } .tdm-btn-style1 {background-color: #1e73be;}.tdm-btn-style2:before { border-color: #1e73be;}.tdm-btn-style2 { color: #1e73be;}.tdm-btn-style3 { -webkit-box-shadow: 0 2px 16px #1e73be; -moz-box-shadow: 0 2px 16px #1e73be; box-shadow: 0 2px 16px #1e73be;}.tdm-btn-style3:hover { -webkit-box-shadow: 0 4px 26px #1e73be; -moz-box-shadow: 0 4px 26px #1e73be; box-shadow: 0 4px 26px #1e73be;}]]>

This week, the Legislature is considering an ill-conceived and wrong-headed package of bills that the authors are peddling as tougher on crime.

But what the bills would do is only increase the costly problem of mass incarceration in Wisconsin, a problem that disproportionately falls on the shoulders of black and brown families.

Heres one example: One of the bills in the package would require the Department of Corrections to begin a revocation proceeding against a former inmate if that person is charged with a new crime. But whatever happened to the presumption of innocence?

These formerly incarcerated people have already served their time and are on probation, parole, or extended supervision. The revocation proceeding could send them back to prison just because theyve been charged with a new crime, not convicted of one. No one else in the United States gets sent to prison for merely being charged with a crime, so why treat former inmates that way?

That would not only be unfair. It would also violate their Fifth Amendment right to due process and their Fourteenth Amendment right to due process and equal protection.

Another bill would expand the list of offenses that deny a prisoner even a chance at early release or early parole. This goes against the whole idea of giving a person a second chance and rewarding someone for good behavior.

Its also inhumane. Currently, if an inmate is very old or very ill, he can petition for a reduced term of confinement. But this bill would not allow prisoners who are convicted of certain crimes to do this, no matter how old or sick they are.

Thats just heartless.

And its costly, ineffective, and discriminatory.

As it is, we put too many people in prison for too long. It costs $37,000 to house one adult male in prison. If this package passes, the additional costs would be huge.

Just the one bill alone that would re-imprison people who are charged with a crime would cost Wisconsin taxpayers $54 million the first year and $156 million every year after that, according to the Department of Corrections.

Whats more, there is no solid evidence that the whole tough on crime approach has actually reduced crime, so why would the tougher on crime approach magically solve the problem?

And if you look at our prison population in Wisconsin, it is disproportionately made up of African Americans: 43 percent of all adult males behind bars in Wisconsin are black. Thats largely because of discriminatory arrests, convictions, and sentencings.

Given this track record, you can bet that black Wisconsinites would take the brunt of the tougher on crime bills.

We need to move beyond the tough on crime and tougher on crime mentality.

It hasnt gotten us anywhere but broke.

Please contact your legislators and urge them to vote no on this package. And please contact Gov. Tony Evers and urge him to veto it.

Jerome Dillard is the executive director of EXPO (Ex-Incarcerated People Organizing)

Prior to joining the Democracy Campaign at the start of 2015, Matt worked at The Progressive magazine for 32 years. For most of those, he was the editor and publisher of The Progressive.

Adjust Font Size

A-A+Reset Font Size

Spotlight Tab Key Navigation

Read this article:

'Tougher on Crime' is no way to go - Wisconsin Examiner

Retired Springfield police lieutenant takes the 5th in hearing on Nathan Bills brawl – MassLive.com

GREENFIELD A retired Springfield police lieutenant invoked his Fifth Amendment right against self-incrimination when called to testify Friday in a hearing about evidence in the long-running Nathan Bills cop brawl case.

Retired Springfield Police Lt. Thomas Kennedy appeared in Franklin Superior Court under a subpoena from an attorney for one of 15 defendants in the case.

Kennedy was one of a dozen detectives conducting a criminal investigation into the fight in the summer of 2015. Defense lawyer Shawn Allyn, representing defendant Officer Daniel Billingsley, was expected to quiz Kennedy about photo arrays the police compiled for the alleged civilian victims, who said they were jumped outside by off-duty police officers after a verbal altercation inside the popular East Forest Park bar. Kennedy was also expected to answer a series of questions about video evidence from inside the bar that may or may not have been destroyed.

Instead, Kennedy refused to answer any questions at all.

My client is exercising his constitutional right to decline to testify, said his lawyer, William Bennett, a former longtime Hampden district attorney. Bennett declined to comment following Kennedys brief court appearance.

Kennedy retired from the police department in 2016 and now works as an investigator in the Hampden district attorneys office.

The majority of the defendants in the case are current or former Springfield police officers, plus two of the bars owners. Some are charged in connection with the fight itself while others are implicated in an alleged cover-up. The case was investigated jointly by the state attorney generals office and the FBI.

At issue in a series of pretrial hearings in recent weeks before Judge Mark D. Mason is whether the cover-up defendants were properly advised by the government that they were at risk of being indicted, as opposed to merely being called as witnesses.

While Assistant Attorney General Stephen Carley has argued all were informed of their respective exposures in the case, many defense attorneys have disputed this. The debate has yielded a cascade of motions by defendants seeking to get their charges tossed, which have been argued amid a tangle of other motions to dismiss, suppress evidence and postpone trial dates.

Also testifying Friday was Boston attorney Stanley Wheatley, who represented perjury defendant Officer Joseph DAmour before his grand jury appearance in 2017. DAmour was a brand new patrolman still in training when he responded to the Nathan Bills disturbance. Subsequently, DAmour and others participated in interviews with the FBI, assistant attorneys general and state police before the grand jury session, Wheatley said.

Wheatley testified that DAmour was prepared to cooperate with law enforcement. He said the interview felt collaborative and that he was stunned when DAmour was charged criminally.

I remember saying to ... Carley that I cant believe you indicted this guy; he tried to cooperate. Thats the last time I do that. It made me look bad, Wheatley said under direct examination by DAmours defense lawyer, Michael Packard.

During cross-examination, Assistant Attorney General Andrea Mauro suggested Wheatley lacked experience representing clients in criminal cases and it was he who dropped the ball by not protecting DAmours interests.

Thats one of the reasons people retain attorneys, right? she asked.

Following Wheatleys testimony, Paul Federico, who runs trivia nights at Nathan Bills, said some of the alleged victims in the case drunkenly hassled him and his girlfriend before they began arguing with off-duty police.

They were being aggressive and inappropriate. ... I think they may have touched her, but Im not sure, Federico said, adding that he reported the exchanges to a bar manager, who asked the civilians to leave.

Throughout the case, it has been hotly contested who started the fight, as men on both sides suffered injuries. The city paid out $885,000 in a civil settlement to the civilians in 2018.

Capping a full day of pretrial hearings Friday, Mason denied a motion by the attorney generals office to delay the Nathan Bills trials by four months. They will begin March 30 in Hampden Superior Court.

Visit link:

Retired Springfield police lieutenant takes the 5th in hearing on Nathan Bills brawl - MassLive.com

Impeachment is over or is it? | TheHill – The Hill

If you think the Senates vote on Wednesday to acquit President TrumpDonald John TrumpWinners and losers from the New Hampshire primary Sanders on NH victory: Win is 'beginning of the end for Donald Trump' Biden, Warren on ropes after delegate shutout MORE ends the impeachment saga, you havent been paying attention.

Congressional Democrats never believed they could actually remove Trump from power over anything as specious as the Ukraine kerfuffle. No more than they expected that the collusion caper which was already known to be an investigative dry hole by the time of Bob Muellers May 2017 special counsel appointment was a viable vehicle for ousting the president.

Impeachment has always been a partisan pretext. A third-order pretext, as I explained in Ball of Collusion: (1) The counterintelligence investigation launched by the Obama administration was a pretext to monitor Trumps campaign while conducting a criminal investigation without the necessary criminal predicate; (2) the criminal investigation, formally launched on the ludicrous fiction that Trumps constitutionally appropriate firing of FBI director James ComeyJames Brien ComeyThe Hill's Morning Report Trump basks in acquittal; Dems eye recanvass in Iowa Trump holds White House 'celebration' for impeachment acquittal Impeachment is over or is it? MORE could be an obstruction crime, was a pretext for packaging an impeachment inquiry for House Democrats (since the bureau didnt have a crime but knew that impeachment does not require a crime); and (3) the impeachment drama has been a pretext for what all along has been the goal to tumble out enough unsavory information over a long enough time that Trump is rendered unelectable by the time we get to the stretch-run of the 2020 campaign.

This is not to say, of course, that congressional Democrats would not remove the president if they could. The fact that House Democrats hauled out and formally voted two articles of impeachment, rather than contenting themselves with a long-running impeachment inquiry spiced up by the occasional, damning public hearing, shows that if they thought there was any shot at defenestrating Trump, even a remote one, they would take it.

Nevertheless, the principal objective has always been to ensure that the president would get no more than one term, a term that Democrats would endeavor to steep in scandal, hamstringing the administrations capacity to govern and to pursue the agenda on which Trump ran in 2016.

Obviously, the end of the impeachment trial does not mean the end of that strategy. For Democrats, the aim has not changed: End the Trump presidency as soon as possible.

The tactics will need rethinking, though.

The presidents polls have improved over these weeks of skewed, unabashedly partisan impeachment proceedings. He is at his highest standing ever, one that may edge higher after the impressive showmanship and cataloguing of accomplishments in Tuesday nights State of the Union address, complementing boffo economic metrics. Democrats have to be concerned that impeaching Trump on weak charges has improved his reelection prospects.

So does that mean the Senates acquittal is the end of the impeachment gambit?

That question itself strikes many people oddly. Acquittal long has been a foregone conclusion, given that there was never a chance that House Democrats would corral the two-thirds supermajority needed to convict in the GOP-controlled Senate. Acquittal is a term most familiar to us from the criminal law. After an acquittal (or, for that matter, a conviction), Fifth Amendment double-jeopardy principles forbid a successive prosecution for the same charge.

Impeachment, however, is not a criminal prosecution. Indeed, it is not a judicial proceeding at all. It is strictly a political determination on the question of whether political power should be stripped by the Article I political branch. Therefore, the Senates impeachment verdict of acquittal carries no double-jeopardy protection for the president. Nothing in the Constitution would bar the House from re-voting the same impeachment articles on which the president has been acquitted, in addition to any new articles.

That is especially worth noting here, given that the presidents lawyers and congressional Republicans devoted so much energy to castigating House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffDOJ lawyers resign en masse over Roger Stone sentencing George Conway: We might have to impeach Trump again How Lamar Alexander clouds the true meaning of the Constitution MORE (D-Calif.) and other House leaders for their shoddy investigation the failure to make a concerted effort to obtain relevant documentary evidence and to interview key witnesses (former national security adviser John BoltonJohn BoltonOscars see record low ratings with 23.6M viewers Brad Pitt quips he has more time to give Oscars speech than John Bolton had to testify New Qatari prime minister means new opportunities MORE, White House chief of staff Mick MulvaneyJohn (Mick) Michael MulvaneyThe Hill's Morning Report - Sanders, Buttigieg set for Granite State showdown Business groups try to avoid partisan crossfire Mick Mulvaney's job security looks strong following impeachment MORE, et. al.); the lack of due process afforded to the president; the prioritizing of the 2020 political calendar over the demands of a competent, thorough investigation. Those are the kinds of failures that can be cured by time and effort.

The scathing media-Democratic rebukes of the Senate for purportedly failing to subpoena witnesses and documents have been misplaced. The Senates job is to try the case; the Houses job is to investigate and prove that case. The remedy for a shoddy investigation is for the investigators to do the work they previously failed to complete.

I do not expect Schiff et. al. to give up on Ukraine. And if they were to persist in investigating that episode e.g., to subpoena Bolton for the testimony for which many senators clamored they could rationalize it by saying they were simply addressing the Senates concerns.

Notice that Democrats have never abandoned the impeachment inquiry they belatedly voted to conduct in late October, months after they started probing the Ukraine scandal. They continue, moreover, to pursue other lines of investigation the obstruction aspect of Muellers probe, Trumps tax returns, etc.

To be sure, I do not believe House Democrats will vote articles of impeachment again at least, they will not do it again unless they stumble on some previously unknown misconduct that is truly egregious. But I have every expectation that they will continue the impeachment inquiry. They will keep touting the threat of new impeachment articles, and keep railing that the White House is obstructing them.

Remember, the point has never really been to remove the president. Impeachment has been, and remains, an artifice for congressional Democrats to acquire and incrementally disclose unsavory information, with an eye toward Nov. 3, 2020. For Democrats, the main goal is still to defeat Donald Trump. Impeaching him has been a means, not an end.

Former federal prosecutor Andrew C. McCarthy is a senior fellow at National Review Institute, a contributing editor at National Review, and a Fox News contributor. His latest book is Ball of Collusion. Follow him on Twitter @AndrewCMcCarthy.

See the article here:

Impeachment is over or is it? | TheHill - The Hill

A Constitutional Challenge To Watch: Axon Sets Its Sight On The Structure Of The FTC – Mondaq News Alerts

To print this article, all you need is to be registered or login on Mondaq.com.

On January 3, 2019, Axon Enterprise, Inc. ("Axon"), amanufacturer of body-worn cameras for law enforcement, filed a complaint againstthe Federal Trade Commission seeking a declaratory judgment in theDistrict of Arizona. In the complaint, Axon alleges that theFTC's administrative procedures and structure areunconstitutional, and seeks to enjoin the FTC from pursuing anadministrative enforcement action against Axon. Although anantitrust case, the matter provides interesting issues that alsoinvolve the FTC's consumer protection mission.

A little background: On June 14, 2018, the FTC opened aninvestigation into Axon's attempted acquisition of Vievu, whichalso sells public safety camera systems. Axon contends that itcooperated with the FTC's investigation over an 18-monthperiod, only to result in the FTC threatening to sue in anadministrative proceeding unless Axon "surrender[ed] a'blank check' divestiture." Axon protested that it didnot violate the Clayton Act or any other antitrust laws in itsacquisition of Vievu and filed the pending lawsuit, arguing thatthe FTC's structure and administrative adjudication proceduresviolate the U.S. Constitution.

As for the constitutional challenges, Axon first argues that theFTC's administrative procedures whereby it acts asprosecutor, judge, and jury violate Axon's FifthAmendment due process rights. Essentially, Axon asserts that whenthe FTC brings an administrative proceeding against a party, itinfringes on that party's right to a fair trial before aneutral judge in accordance with the Fifth Amendment. Accordingly,subjecting Axon to an FTC administrative proceeding will force itto "submit to a hearing process with a preordainedresult." As Judge Posner noted years ago, "It is too muchto expect men of ordinary character and competence to be able tojudge impartially in cases that they are responsible for havinginstituted in the first place." Remember, however, that Axonis not the first company caught in the FTC's crosshairs toraise this argument, and these prior challenges have failed.

Axon also alleges that the very structure and makeup of the FTCviolate Article II of the Constitution, and therefore anyaction the FTC takes is unconstitutional. Currently, as anindependent agency, FTC Commissioners and Administrative Law Judges(i.e., the judges who hear FTC administrative proceedings) are notsubject to at-will removal by the President. Though FTCCommissioners are nominated by the President and confirmed by theSenate, they can only be removed by the President for"inefficiency, neglect of duty, or malfeasance inoffice." Further, FTC-appointed ALJs can only be removed bythe FTC for "good cause." However, Axon alleges that theFTC commissioners and ALJs are "Executive officials exercisinglaw-enforcement power" who are constitutionally required to besubject to at-will removal by the President under Article II.

Important to Axon's "at-will removal" argument isthe fact that in Lucia v.SEC, the Supreme Court recently held that the appointmentof SEC ALJs violated Article II. The Lucia decisiondid not, however, resolve whether statutory "for cause"removal protections afforded administrative law judges areunconstitutional. In moving to preliminarilyenjoin the administrative proceedings, Axon asks the districtcourt to answer this question in the affirmative. Specifically,Axon contends that there is a growing consensus that FTCCommissioners' and ALJs' protection from at-will removalviolates Article II.

The FTC responded to the Axon lawsuit by arguing that thedistrict court lacks jurisdiction over Axon's claims becauseAxon did not follow the review procedure of the FTC Act and did notchallenge any final agency action.

This case provides another example of the increasing focus onthe FTC, along with other independent agencies such as the SEC andCFPB, regarding whether its actions and structure can surviveconstitutional scrutiny. Those who are subject to pressure from theFTC are continuing to challenge its ability to serve as theprosecutor, the judge, and the jury in administrative proceedingsthat have far-reaching implications. As we've writtenpreviously, the FTC's ability to obtain relief in federal courtalso is being re-examined by several courts, including the Third Circuit andthe Supreme Court.

As this case was filed just last month, Axon has several hurdlesto clear before getting to the merits of its claims. One majorhurdle is whether the court will decide to exercise itsjurisdictional discretion under the Declaratory Judgment Act. Wemay not have to wait long, though, as Axon recently requested thatthe district court expedite the proceedings in light of theadministrative proceeding hearing currently scheduled for May 19,2020. Given the Supreme Court's penchant for taking caseschallenging the constitutional and statutory authority ofindependent agencies, those following might want to hit the"record" button.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

POPULAR ARTICLES ON: Government, Public Sector from United States

Read the original here:

A Constitutional Challenge To Watch: Axon Sets Its Sight On The Structure Of The FTC - Mondaq News Alerts

Weinstein takes 5: Defense rests without his testimony – Hot Air

According to his attorneys, Harvey Weinstein was ready, willing, able, and anxious to take the stand in his own defense. His attorneys apparently thought otherwise about his wisdom in doing so. The defense rested yesterday in the New York sexual assault case without Weinstein taking the opportunity to explain himself or prosecutors an opportunity to tear him to shreds:

Cowardly dodge or smart strategy? Probably a bit of both, but it also might be an indication that the defense thinks theyve introduced enough reasonable doubt as it is:

For 30 minutes, Mr. Weinstein and his lawyers met in a private room; he expressed a desire to tell his side of the story while they advised him not to risk it, according to his spokesman.

But ultimately, Mr. Weinstein and his lawyers returned to the courtroom and told the judge that the defense was resting its case, setting the stage for closing arguments on Thursday. Later, as he left court, Mr. Weinstein was asked if he had considered taking the stand. I wanted to, he said.

His lawyers have argued that Mr. Weinsteins accusers used him and engaged in consensual sexual encounters to advance their careers.

But if Mr. Weinstein were to take the stand, prosecutors would quite likely have tried to elicit testimony that would have portrayed him as a bullish, overbearing figure who had used his influence in the industry to coerce women into unwanted sexual encounters.

Generally speaking, attorneys are loathe to put a client on the witness stand. They lose control of the situation on cross-examination, and clients can destroy neatly constructed strategies with a careless phrase or a poor attitude on the stand. Previously excluded evidence and testimony could suddenly be made relevant for the prosecution, and the jury might take a strong dislike to a defendant during cross-examination. Sometimes clients will refuse to take that advice from a burning need to rebut what has been said in court, but clients are poor judges of effective legal strategy.

It sounds as if Weinstein was just smart enough to finally take his attorneys advice or to pose as if he wanted to testify for the media later.

Its still a risky strategy. In a he said/she said, juries will want to hear whathe said for themselves, not through a defense attorney. The Fifth Amendment means the jury cant take his lack of testimony officially into consideration when determining guilt or innocence, but thats onlyofficially. His lack of response to the claims will still undoubtedly nag at the jurors after all the emotional testimony from the women who leveled allegations of sexual assault against Weinstein.

Closing arguments start tomorrow, and Weinsteins attorneys will argue that theres all sorts of reasonable doubt about these claims. Phelim McAleer, whos been attending the trial and producing the daily verbatim podcast of it, told me yesterday on The Ed Morrissey Show that Weinsteins defense has been very effective at punching some holes in the prosecutors case. Whether that is enough for the jury to overcome that emotional testimony is another question, but Phelim thinks a surprise might be in the works in the jury room and that the media has largely missed that story over the last few weeks.

That makes the decision to rest and go to arguments look more like confidence in their strategy than worry over Weinstein. If the defense succeeds, though, expect a cultural meltdown over the verdict that might rival the O.J. Simpson trial outcome. It will also put enormous pressure on prosecutors in Los Angeles to finish the job on Weinstein.

Follow this link:

Weinstein takes 5: Defense rests without his testimony - Hot Air

One Year Into Trump’s PFAS Action Plan, Few Signs of Progress – Environmental Working Group

Wednesday, February 12, 2020

Friday marks one year since the Environmental Protection Agency unveiled its latest plan to address the crisis of the toxic fluorinated chemicals known as PFAS, which have likely contaminated a majority of drinking water supplies nationwide. But President Trumps so-called action plan has met few of the milestones parents expect from a one-year-old.

The 72-page plan would certainly help anyone sleep through the night. But Trumps plan has barely crawled, much less walked. After one year, the Trump administration has:

The EPA has approved a new method to detect PFAS in drinking water, but the Food and Drug Administration has taken steps to hide detections of PFAS in food. The administration has also proposed more reporting of industrial PFAS discharges into the air and water but did not identify which of the compounds would have to be reported.

No wonder those and other meager efforts earned Trumps EPA a grade of D minus from Sen. Tom Carper (D-Del.), the top-ranking Democrat on the Environment and Public Works Committee. But the agencys poor PFAS report cards date back more than two decades.

Heres a timelineof the agencys shameful record.

In 1998, EPA officials were firstnotifiedby 3M that PFAS chemicals were toxic. In 2001 the agencyreceivedinternal company studies documenting PFAS health risks, and two years laterreceivedmore animal studies. But underpressurefrom industry, in 2006, EPA said the agency was unaware of studies linking PFOA, used to make Teflon, to health harms even though the agency had just fined DuPont for failing to report its health effects, and EPAs own Science Advisory Boardfoundthat PFOA was a likely human carcinogen.

Not until 2009 did the EPAissueits first PFAS action plan andestablisha non-enforceable provisional health advisory for PFOA and PFOS, an ingredient in Scotchgard. The second PFAS action plan, issued a year ago, contains many of the same recommendations and includes no deadlines.

Without irony, EPA recentlyissueda statement touting the agencys aggressive efforts to address PFAS pollution just hours before the White House threatened to vetoHouse legislationthat would set deadlines for EPA action on PFAS.

So it should be no surprise that Congress recently passed H.R. 535, the bipartisan PFAS Action Act. The legislation would immediately designate PFOA and PFOS ashazardous substances, set a two-year deadline for EPA to establish a drinking water standard, and set deadlines for EPA to finallyrestrict PFAS releasesinto the air and water.

Clearly, at one year old, the EPAs PFAS action plan needs more adult supervision.

Continue reading here:

One Year Into Trump's PFAS Action Plan, Few Signs of Progress - Environmental Working Group

Fort Smith utilities boss says the city is making progress on water leaks – talkbusiness.net

Only a few months after saying little progress had been made in repairing more than 700 water leaks around the city, Fort Smith Utilities Director Lance McAvoy told Fort Smith city directors that about 70% of the citys reported leaks have been fixed.

McAvoy reported at the boards study session Tuesday (Feb. 11) that as of Feb. 4, the city only had 212 reported leaks left to repair. There are 135 sites where the leak has been repaired, but there is still work to be done on site restoration.

At a Feb. 5 board meeting, directors approved hiring 10 additional employees for the water and sewer department who would join the 17 department employees to create nine three-person teams working to fix the 700 leaks in the citys water system as well as taking care of new leaks reported to the department. The goal was to be caught up on the leaks in 18 months, then utilities director Jerry Walters told the board.

Nine months later, McAvoy told the board the city still had around 700 leaks needing repair. At that time, the city had not received the $350,700 worth of additional equipment, essential to build the nine teams, the board approved through a resolution Aug. 20. The city also had not filled all 10 of the new positions.

Since November, some of the new equipment has arrived and more employees have been hired, McAvoy said. This, along with crews working seven days a week except during holidays, has helped the city begin to get a leg up on the leaks.

Those numbers indicate less new leaks reported than what we repaired. We actually caught up by 48 leaks in October, 22 in November, 41 in December and 43 in January, McAvoy said, regarding a handout he gave directors. This means we are gaining on the leak issue.

Total leak repairs completed those months were 73 in October, 42 in November, 65 in December and 69 in January. That does not add up to 500 the difference between the amount of leaks on the citys books in November as compared to the number outstanding now. That is because over the past few months utility department workers have gone out and put eyes on every leak on the list. In doing so, they found many leaks had actually been repaired, but the work orders had never been closed, McAvoy said.

About a year ago, we went through our work orders with an internal audit and found several that had never been closed out. Apparently, we didnt fix the problem because that problem still exists. We went from a whole bunch down to just over 200. We are actually looking much better that what we were in November, he said.

After completing the backlog of leaks, the teams will continue to repair new leaks as well as turn toward a proactive system of preventative maintenance on the water system, which will include valve replacements, meter replacement and unidirectional flushing of the 720 miles of water lines, McAvoy said.

We have worked reactionary for too long. For every dollar you spend being proactive, you save $4 spent reactionary, he said.

comments

Excerpt from:

Fort Smith utilities boss says the city is making progress on water leaks - talkbusiness.net

The Daily Progress to sponsor Virginia Festival of the Book event – The Daily Progress

The 26th annual Virginia Festival of the Book will host a program on the importance of journalism in democracy on March 19.

The free program "Who Will Write the Story? The Critical Role of Local Journalism," is scheduled for 4 p.m. in City Council Chambers, 605 E. Main Street.

A panel of Katrice Hardy, executive editor of the Greenville News; Eric Lichtblau, two-time Pulitzer Prize-winning journalist; and Lewis Raven Wallace, an independent journalist and author, in a discussion with Marcia Bullard, a retired CEO of USA WEEKEND, will examine the critical role of local journalism as well as the threats facing it.

The program is sponsored by the Andrew W. Mellon Foundation and the Federation of State Humanities Councils, and is hosted by The Daily Progress, Virginia Center for Investigative Journalism, Virginia Library Association and the Virginia Press Association

This program is part of the Democracy and the Informed Citizen initiative, administered by the Federation of State Humanities Councils. The initiative seeks to deepen the publics knowledge and appreciation of the vital connections between democracy, the humanities, journalism and an informed citizenry.

Go here to read the rest:

The Daily Progress to sponsor Virginia Festival of the Book event - The Daily Progress

Quote of the Day: Progressives Deny Progress – Ricochet.com

Dennis Prager has been saying for as long as Ive been listening: Movements dont close shop when theyve achieved their original aims; they radicalize.

Its certainly true of feminism, which went from winning the vote for women, to burning bras in the streets, to bitter hatred of men, to the NFL Halftime Porn Show empowering women to . . . pole dance for a national audience including children? I think Ill pass on the new empowerment if it requires pornographic sexual objectification or defines womanhood as being more like men. Like coaching an NFL team? Seriously 49ers?Turn in your man-cards.

The same could be said about the civil rights movement, which started with the abolitionists, went through MLK, and ended up with Black Lives Matter. What the heck?

Or, how about the environmental movement? Conservation was a good thing as was the goal of cleaning up the polluted air and water in our cities (I grew up playing near the infamous burning Cuyahoga River and remember seeing detergent suds floating down the feeder creeks). It worked. We improved air and water quality, so now what? Groups like ELF (Earth Liberation Front) and Earth First grew up and started bombing science labs, and elected representatives proposed commie takeovers of the entire energy sector (energy = life) and theyre taken seriously!

Andrew Klavan has been making similar observations in his podcasts over the past weeks. Progressives take no account of the progression of time. The 1619 Project is all about teaching our kids that America is as racist and oppressive to blacks as it ever was. Trump hatred has people believing nonsense like were living in Germany in 1939, or were going down the path of Venezuela because of Trump(!) and not the socialists in the Democrat party, according to Anne Applebaum (post).

R.R. Reno has a nice synthesis of whats happened in the introduction to his new book, Return of the Strong Gods: Nationalism, Populism, and the Future of the West:

A young friend in Australia sent me an essay that read like a flaming indictment of the status quo. It ended with the arresting sentence, I am twenty-seven years old and hope to live to see the end of the twentieth century.

He explains that the driving forces of a given era dont neatly line up with aughts and were still living in a continuation of the 20th century:

The violence that traumatized the West between 1914 and 1945 evoked a powerful, American-led response that was anti-fascist, anti-totalitarian, anti-colonialist, anti-imperialist, and anti-racist. These anti imperatives define the postwar era. Their aim is to dissolve the strong beliefs and powerful loyalties thought to have fueled the conflicts that convulsed the twentieth century.

But, as my young correspondent recognizes, the fall of the Soviet Union did not bring the postwar era to a close, for it marked not the end of the anti imperatives but rather their intensification [emphasis mine].

He continues:

The death grip of the anti imperatives on the West is plain to see. After Donald Trumps election, a number of mainstream journalists collapsed in hysterics: He was an authoritarian of one sort or another. The same goes for European populism. A specter is haunting Europe, countless journalists and opinion writers warn the specter of fascism. Tract after tract has likened our times to Germany during the 1930s. Indeed, it is a sign of nuance when a member of our chattering class compares Trump to the Spanish strongman Francisco Franco rather than Hitler. Todays intelligentsia compulsively return to the trying decades of the early twentieth century. It is as if they desperately want to keep the last century going, insisting that the fight against fascism remains our fight.

This is absurd. It is not 1939. Our societies are not gathering themselves into masses marching in lockstep. Central planners do not clog our economies. There is no longer an overbearing bourgeois culture bent on exclusion. Bull Connor isnt commissioner of public safety in Birmingham. Instead, our societies are dissolving. Economic globalization shreds the social contract. Identity politics disintegrates civic bonds. A uniquely Western anti-Western multiculturalism deprives people of their cultural inheritance. Mass migration reshapes the social landscape. Courtship, marriage, and family no longer form our moral imaginations. Borders are porous, even the one that separates men from women. Tens of thousands die of heroin overdoses. Hundred of thousands are aborted. Of course my young friend wants the twentieth century to end. So do I.

By denying the progress thats been made, progressives have become what they claim to hate: fascistic, totalitarian, culture colonizing, credentialed authoritarians, and, yes, even racist. Look at how they treat blacks who are not in lockstep with their agenda.

I agree with Reno and his young friend. #Endthe20th already.

See original here:

Quote of the Day: Progressives Deny Progress - Ricochet.com

Warriors news: Stephen Curry’s rehab progress updated by Steve Kerr – ClutchPoints

Golden State Warriors star Stephen Curry is still rehabbing from surgery to repair a broken hand he suffered back in October.

On Wednesday, head coach Steve Kerr gave an update on Currys status, saying that he has been getting more conditioning as of late:

Hes jumped into a few of our non-contact, offensive 5-on-0 stuff, said Kerr, via Anthony Slater of The Athletic. But hes coming around. Well have another update I guess, a more thorough update, on March 1. But right now, everything is going smoothly and hes just trying to build his conditioning base and keep getting better.

Kerr added that there were no plans to get Curry into contract drills before March 1. The Warriors star has said hes aiming for a return in early March.

Curry struggled in the four games he played this season, averaging 20.3 points, 6.5 assists, 5.0 rebounds and 1.3 steals over 28.0 minutes per game while shooting 40.9 percent from the floor, 24.3 percent from 3-point range and 100 percent from the free-throw line.

Of course, that is an incredibly small sample size, and Currys numbers almost surely would have leveled out had he remained healthy.

The 31-year-old is in his 11th NBA season and will miss out on All-Star festivities for the first time since 2013.

Curry won back-to-back league MVP awards in 2015 and 2016, also capturing the NBA scoring title in the latter year after registering 30.1 points per game.

The sharpshooter is also not the only key member of the Warriors backcourt sidelined due to injury, as fellow guard Klay Thompson has been recovering from a torn ACL he suffered during last years NBA Finals.

Read more here:

Warriors news: Stephen Curry's rehab progress updated by Steve Kerr - ClutchPoints

CDHI Foundation and IBM tracking the progress of Huntington’s disease using AI – ZDNet

US-based biomedical research organisation CHDI Foundation and IBM Research have released a joint research paper revealing the development of a new artificial intelligence-based predictive model that helps determine when patients will begin to experience symptoms of Huntington's disease (HD), and how quickly these symptoms will progress.

HD is a neurodegenerative disease that causes the progressive breakdown of brain nerve cells. But unlike other neurodegenerative diseases, HD is caused by a single gene mutation "with a striking correlation to age of motor symptom onset", according to CHDI Foundation chief clinical officer Cristina Sampaio.

"People with HD may be identified and tracked from an early age long before the onset of manifest symptoms. As a result, HD may also be a good entry point for gaining insight into the mechanisms of and the development of treatments for other neurodegenerative disorders, including Alzheimer's disease, Parkinson's disease, and amyotrophic lateral sclerosis," she told ZDNet.

The published paper, titledResting-state connectivity stratifies premanifest Huntington's disease by longitudinal cognitive decline rate, was released after three years of joint work between the two organisations and is the second paper to be published by the pair.

IBM Watson researcher Guillermo Cecchi said the paper focused on identifying how existing functional MRI (fMRI) data can be used to train artificial intelligence (AI) models to assess whether there is a change in a patient's motor and cognitive performance.

"Part of what we're trying to do is pinpoint with more accuracy what determines a particular patient with certain genetics will experience symptoms early in life or later in life," he said.

See also:IBM unveils new AI model to predict potentially harmful drug-to-drug interactions(TechRepublic)

He continued to explain how there was also the goal of uncovering people that were at higher risk of developing symptoms earlier, so they could eventually be a target for early intervention and monitoring in order to better understand the effects and outcomes of any new drug.

"Having that in mind, what we did was show that we can take a single brain scan and have accuracy about whether that particular patient belongs in the rapidly declining population or it belongs in the slowly declining population," Cecchi said.

"The way you know whether someone is slowly or rapidly declining is by looking at them over several years, so three, four, five years, and then you measure their motor symptoms and you can see over the course of five years whether the motor symptoms were changing slowly or changing very rapidly.

"But then you would need those five years to determine whether someone is deteriorating fast or slow, so what we're showing here is all you need is a single scan -- a functional MRI -- to have very good accuracy to determine whether that particular patient belongs to the fast declining or slow declining group."

Sampaio agreed that functional MRI can provide a "rich source of information", but noted its "technical complexity, until recently, has limited its broad application".

"In our study, we show that a single cross-sectional fMRI data point can predict future progression of cognitive and motor signs and symptoms of HD. Prognostic biomarkers that predict future events, like the fMRI in our study, are used to enrich for clinical-trial participants with certain pathological features to maximise the likelihood of success," she said.

"Our study results are a first step for HD clinical trials. We now need to further validate to develop fMRI as a robust prognostic biomarker in premanifest HD."

Read:Intel and GE Healthcare's X-ray machine uses embedded AI to prioritize scans (TechRepublic)

For the research, Cecchi said based on a "couple of hundred" scans, the AI model produced around an 80% accuracy output rate.

Moving forward, IBM Research and CHDI plan to replicate the study in other hospitals.

"We show that we can take data from one hospital, learn about it, and apply it to data acquired in another hospital, and still be robust and obtain the same results," Cecchi said.

Cecchi said the goal would be to eventually have the model approved by medical bodies globally and for it to be used as a standard in the field when it comes to not only HD, but other neurodegenerative diseases as well.

Similarly, a joint study by the Epilepsy Centre at Kuopio University Hospital, the University of Eastern Finland, and Neuro Event Labs resulted in the group successfully developing an AI algorithm to help quickly and automatically assess the severity of myoclonus jerks from video footage.

The model can be used to identify and track key points in the human body of myoclonus -- brief, involuntary muscle twitching -- which is the most progressive drug-resistant symptom in patients with myoclonus epilepsy type 1.

As part of the study, 10 clinical video-recorded test panels were used and it showed that the automatic method using the model correlated with the clinical evaluation. It was also able to quantify the smoothness of movement and detect small-amplitude and high-frequency myoclonic jerks by detecting and tracking predefined key points in the human body during movement.

Updated 13 February 2020, 9:37AM (AEDT): Correction it is CHDI Foundation.

Read the original post:

CDHI Foundation and IBM tracking the progress of Huntington's disease using AI - ZDNet

Find that Harriet Tubman in you – Progress Index

Actress and historical interpreter encourages audience at film screening to look at their reflection, see their inner hero

PETERSBURG Against the backdrop of a film depicting the life of Harriet Tubman, an actress from that movie challenged her Petersburg Public Library audience to look no farther than their own reflection when searching for a hero.

Often times we want to look for whos the next hero, but in reality we can look in the mirror and say, Find the hero in you. Find that Harriet Tubman in you, Morgan Avery McCoy said. If we do that, not only will we be better people, our world would be a better place.

McCoy, an actress and historical interpreter, had a role in the film Harriet, portions of which were shot in Petersburg. She played a freed domestic worker named Jesse who shared some on-screen time with Cynthia Erivo, who played the title role. The movie explains Tubmans involvement with the abolitionist Underground Railroad, a network that allowed Africans to escape northward into areas where slavery was illegal.

The Petersburg Public Library hosted a free screening of the 2019 film, followed by a workshop from McCoy based on her one-woman show, Evolution of the Black Girl from the Slave House to the White House. One of the 12 characters McCoy portrays in the show is a school teacher leading a lesson on Tubman.

Its been such a gift to be able to be in a film about a woman that I talk about all the time, said McCoy, who was born in Newport News and now lives in Chesterfield County. She said she was especially excited to work in the movie because she got a chance to work in my own back yard.

In the film, portions of Old Towne Petersburg served as mid-1800s Philadelphia.

It was so important to tell this story of an American hero, and thats who Harriet Tubman was and thats what she exemplifies, McCoy said.

There were no empty seats at the screening, and all who attended came away from it inspired, as well as entertained.

I thought it was a great movie, said Kary Haskins of Petersburg. There was a lot in the movie that I didnt know originally how she travelled back and forth alone to get people and save people.

Haskins and a group from Tabernacle Baptist Church in Petersburg brought some youth from the church to see the movie.

I thought the movie was a great depiction to show a woman in a lead role, said AneSia Newton of Petersburg, a teacher at Petersburg High School. To really be strong and confident...not necessarily to show that she had to succumb to all the challenges. She could really fight the system to help her people become free which led to the changes we have today. She paved the way for the Michelle Obamas we have today.

I like how Harriet was brave and freed the slaves, stated seven-year-old Thomasina Gosier of Hopewell.

McCoy said she bases her workshop on 10 principles that Harriet Tubman exemplified that we can apply to our own life in order to be great servant leaders and create a better society, During the workshop, she advises the audience to look in their mirror and say to their reflection, I can be the next hero.

McCoy said she saw her appearance in Petersburg as an extension of her work across the country helping people embrace their inner heroism.

The film was an amazing portrayal of the great work that Harriet achieved, stated McCoy. Im really excited Petersburg brought me here to share this information with a variety of the community.

Kristi K. Higgins can be reached at 804-722-5162 or khiggins@progress-index.com. On Twitter: @KristiHigginsPI

See original here:

Find that Harriet Tubman in you - Progress Index

GW Pharmaceuticals plc to Report Financial Results and Operational Progress for the Fourth Quarter and Year Ending December 31, 2019 and Host…

LONDON and CARLSBAD, Calif., Feb. 12, 2020 (GLOBE NEWSWIRE) -- GW Pharmaceuticals plc (Nasdaq: GWPH, GW or the Company), a biopharmaceutical company focused on discovering, developing and commercializing novel therapeutics from its proprietary cannabinoid product platform, will announce on February 25th, 2020 its financial results for the fourth quarter and year ending December 31st, 2019. GW will also host a conference call the same day at 4:30 p.m. ET. Conference call information will be provided in the financial results press release. A replay of the call will also be available through the Company's website (www.gwpharm.com) shortly after the call.

About GW Pharmaceuticals plc and Greenwich Biosciences, Inc.Founded in 1998, GW is a biopharmaceutical company focused on discovering, developing and commercializing novel therapeutics from its proprietary cannabinoid product platform in a broad range of disease areas. The Companys lead product, EPIDIOLEX (cannabidiol) oral solution, CV, is commercialized in the U.S. by its U.S. subsidiary Greenwich Biosciences for the treatment of seizures associated with Lennox-Gastaut syndrome (LGS) or Dravet syndrome in patients two years of age or older. This product has received approval in the European Union under the tradename EPIDYOLEX. The Company has submitted a supplemental New Drug Application (sNDA) to the U.S. Food and Drug Administration (FDA) to expand the indication for Epidiolex to include seizures associated with Tuberous Sclerosis Complex (TSC), for which it has reported positive Phase 3 data, and is carrying out a Phase 3 trial in Rett syndrome. The Company has a deep pipeline of additional cannabinoid product candidates, in particular nabiximols, for which the Company is advancing multiple late-stage clinical programs in order to seek FDA approval in the treatment of spasticity associated with multiple sclerosis and spinal cord injury, as well as for the treatment of PTSD. The Company has additional cannabinoid product candidates in Phase 2 trials for autism and schizophrenia. For further information, please visit http://www.gwpharm.com.

Read more from the original source:

GW Pharmaceuticals plc to Report Financial Results and Operational Progress for the Fourth Quarter and Year Ending December 31, 2019 and Host...

Seagate: Progress And Regress – Seeking Alpha

Seagate Technology (STX) released its Q2 FY2020 quarterly report on February 4. The results were mixed, although the outlook was better than expected. However, there were also other issues that will have to be addressed at some point as time goes by. What these issues are will be covered next.

Seagate managed to beat earnings estimates, but fell short on revenue. Net income increased by double digits QoQ, but decreased YoY. Revenue displayed a similar pattern, although the swings were less pronounced. Gross margin also recovered in Q2 from the sizable drop in Q1. However, Q2 gross margin remained lower compared to a year ago. Non-GAAP gross margin of 28.7% was slightly above estimates.

(GAAP)

Q2 FY2019

Q1 FY2020

Q2 FY2020

QoQ

YoY

Revenue

$2,715M

$2,578M

$2,696M

4.57%

(0.7%)

Net income

$384M

$200M

$318M

59.0%

(17.2%)

EPS

$1.34

$0.74

$1.20

-

-

Gross margin

29.3%

26.0%

28.1%

-

-

(non-GAAP)

Revenue

$2,715M

$2,578M

$2,696M

4.57%

(0.7%)

Net income

$432M

$278M

$359M

29.1%

(16.9%)

EPS

$1.51

$1.03

$1.35

-

-

Gross margin

29.9%

26.7%

28.7%

-

-

Source: Seagate Form 8-K

Seagate's forecast was slightly better than expected. The outlook for Q3 calls for non-GAAP EPS of $1.35, plus or minus 7%, and revenue of $2.7B, plus or minus 7%.

One of the things that stood out in the Q1 quarterly report was the sizable drop in margins. However, Seagate managed to turn this around in Q2. Gross margin improved by as much as 200 basis points. The credit goes to a shift in product mix towards mass capacity drives. From the Q2 earnings call:

"Non-GAAP gross margin was 28.7%, up 200 basis points sequentially, reflecting a more favorable product mix with a higher contribution from mass capacity drives."

A transcript of the Q2 FY2020 earnings call can be found here.

Gross margin in Q2 also benefited from higher volumes and cost reduction. Q3 may once again get a lift from some or all of these three factors.

"I'd say in fiscal Q2, the improvement in gross margin is coming partially from the 16-terabyte, but as we said, actually tripled the volume during the quarter but also from an overall cost reduction on several other drives. So, looking at Q3, we will have for sure an higher volume in 16-terabytes that will help our gross margin, but of course depends on the overall mix of the entire volume that we move into the quarter."

Apparently, Seagate shipped one million 16-terabytes HDDs, which is currently the highest-capacity drive in mass production.

"In nearline, we are leading the industry's transition to 16-terabytes, which is the largest capacity drive available in mass volume today, offering the best total cost of ownership opportunity for our customers. In the December quarter, these products represented the highest revenue and highest exabyte shipments of any of our drives."

HDDs with even higher capacities are coming. The first HAMR drive is expected to become available in late 2020.

"We are on track to release the industry's first commercially available HAMR drive in late calendar 2020 at the 20-terabyte capacity point."

Higher volumes of high-capacity drives allowed Seagate to set a new record in the amount of exabytes shipped. Seagate sees room for further growth in exabytes shipped.

"I didn't say that we were in a digestion phase then, but I think we've seen that cyclicality before. It's dangerous to say that will happen exactly again, because there has been a different reason for the cyclicality every time it hits. That said, I do think that the demand is growing. I think that the customers are broadening. And I also think that their ability to use higher and higher capacity points is actually getting bigger. So once upon a time, people couldn't use more than 4-terabytes and while most of the market was on 8s and you're starting to see people get shifting over to bigger capacity points as well. So I do think exabyte growth is still going to continue. I don't think I'm calling the top of the peak at 10% yet."

Demand for more storage is on the rise.

"In general, we're seeing a change in typical seasonality as HDD demand shift away from consumer-oriented legacy markets and towards mass capacity storage driven by data growth in the cloud and at the edge. The demand environment has continued to steadily improve particularly for high capacity nearline drives. With the positive customer momentum we have established for our 16-terabyte byproducts we continue to expect both revenue and profitability to grow in fiscal 2020 with the second half revenue slightly higher than the first half for this fiscal year."

However, while demand for storage may not be a problem, other areas may become one if they continue on the same path.

Seagate is seeing changes in its product mix. In just one year, mass capacity and legacy traded places as can be seen in the table below. Mass capacity increased to 49% of revenue from 39% a year ago. In contrast, legacy declined from 53% to 43%. Note that Q2 revenue decreased by 0.7% compared to a year ago. Revenue growth in mass capacity was barely enough to compensate for the shrinking of the legacy business. Nearline accounted for the bulk of mass capacity with 49 out of 71.3 exabytes.

Q2 FY2019

Q1 FY2020

Q2 FY2020

Revenues by market

Mass capacity

39%

47%

49%

Legacy

53%

46%

43%

Other

8%

7%

8%

HDD exabytes shipped

Mass capacity

47.2

63.9

71.3

Legacy

40.2

34.5

35.6

Total

Read the original:

Seagate: Progress And Regress - Seeking Alpha

Hearing stresses that APD reform is making progress, still has a long way to go – Albuquerque Journal

.......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... ..........

ALBUQUERQUE, N.M. As Police Department officials, lawyers and community advocates spent a full day discussing the progress of the police reform effort before a federal judge in U.S. District Court on Tuesday, Paul Killebrew, the special counsel for the Department of Justice, said it might be next fall before they know how the city has fared in implementing the next crucial steps of the Court Approved Settlement Agreement.

What we expect in November is a number of paragraphs (in the settlement agreement) will have come into compliance, Killebrew said. If they come to you and havent brought that into compliance, thats a concerning sign. If they dont live up to that expectation, were going to have to have a serious conversation.

Thats because the Albuquerque Police Department launched its new use-of-force policy suite just last month and it is still in the midst of asking the Department of Justice to suspend outside monitoring of about one-fourth of the requirements laid out in the settlement agreement.

The new use-of-force policies include tasking a dedicated team of internal affairs detectives with investigating most use-of-force cases rather than field supervisors. APD has said the move is a better division of resources because the detectives will have more practice and time to devote specifically to use-of-force investigations and wont have the same reluctance to investigate field officers that area command supervisors have. APD has also said the investigations will become more consistent across the department.

US District Judge James Browning

Tuesdays hearing before Judge James Browning was initially expected to cover the citys motion asking to suspend the independent monitors role in overseeing about a quarter of the settlement agreement, but the city did not file a self-assessment plan laying out how they would do so in time. A hearing has been scheduled to hear that motion later in the month.

................................................................

In response to Judge Brownings questions, DOJ attorneys expressed frustration that they had not received a final plan along with the court filing.

We would have preferred to see it all together, Killebrew said. The fact that it came in piecemeal makes it more difficult.

The first half of the hearing included APD Chief Michael Geier and high-ranking commanders, lieutenants and deputy chiefs giving presentations on the progress they have made in investigating and tracking use-of-force cases, as well as responding to people in the throes of a mental health crises.

Albuquerque Police Chief Mike Geier

However, everyone present stressed that the Police Department still has a long road ahead of it. Independent monitor James Ginger has continued to point to what he calls a counter-CASA (Court Approved Settlement Agreement) effect supervisors, both in the field and in the command staff, who are unwilling to commit to the reforms and hold officers accountable.

Shaun Willoughby, president of the Albuquerque Police Officers Association, who has maintained that officers dislike and are frustrated by the reforms, agreed that it was time to embrace the changes, even if he didnt think reform was necessary in the first place.

We have to complete this mission to see the light at the end of the tunnel, Willoughby said. Its a means to an end to get our Police Department back.

Toward the end of the day, Stephen Torres spoke on behalf of APD Forward, a coalition of advocacy organizations and individuals. Torres, whose son, Christopher Torres, was shot by APD in 2010, pointed to two fatal police shootings in the first six weeks of the year.

We all need to continue to keep a close eye on APD, Torres said.

View original post here:

Hearing stresses that APD reform is making progress, still has a long way to go - Albuquerque Journal

W.Va. Senate passes bill aimed at spurring progress of Harpers Ferry hotel project – Herald-Mail Media

MARTINSBURG, W.Va. The West Virginia Senate voted 21-12 on Tuesday to pass a bill that would allow the state to help facilitate the completion of the longstanding Hill Top House Hotel project proposed in Harpers Ferry.

A committee substitute for Senate Bill 657 to allow for the designation of tourism-development districts was ordered to the House of Delegates for further consideration.

Voting for the measure were the bill's lead sponsor, state Sen. Patricia Rucker, R-Jefferson/Berkeley, and fellow Republican Eastern Panhandle Sens. Craig Blair and Charles Trump, who also signed on as bill sponsors.

State Sen. John Unger, D-Berkeley/Jefferson, who voted against the legislation, said he supports the hotel project, but voiced concerns in floor debate about the loss of local control and transfer of power to the state.

He also wondered what might happen to four other communities.

"What are we starting right now with this piece of legislation, with these other municipalities, and what's going to happen to them?" Unger asked.

The Senate vote came hours after the Harpers Ferry Town Council on Monday night voted 4-3 to adopt a resolution opposing the bill as originally introduced and a similar House bill, citing local control issues.

Voting for the resolution were Mayor Wayne Bishop and council members Barbara Humes, Hardy Johnson and Charlotte Thompson. Voting against the measure were council members Christian Pechuekonis and Jay Premack, and Town Recorder Kevin Carden.

In response to Unger and other Democratic senators who voiced opposition to the bill, Rucker noted that the bill merely creates a tool for the West Virginia Department of Commerce and the state's smallest communities to use, if needed, and only if certain criteria are met.

The bill, as passed out of the Senate on Tuesday, allows for a total of five tourism-development districts across the state in towns of 2,000 residents or fewer.

Only tourism-development-expansion projects of $25 million or more would be considered, according to the bill.

Leesburg, Va.-based SWaN Hill Top LLC has proposed the creation of a 129-room hotel overlooking the Potomac River at the site of the historic Hill Top House property and the restoration of neighboring armory houses as part of a more than $138 million investment.

"I am a supporter of local control, and I have fought for local control it absolutely caused me to pause and to think very deeply when considering this legislation," Rucker said in response to Unger's remarks.

Rucker also asserted that local control includes individuals' self-control.

She also cited an email she received from a former president of the town's Board of Zoning Appeals who "reluctantly" asked her to support the legislation.

"I no longer believe that the current mayor and town council can effectively represent the town of Harpers Ferry in negotiations with the developer of the Hill Top hotel," said Rucker, who didn't name the individual.

On the House floor Monday, Del. Jason Barrett, D-Berkeley, said that a special meeting of the Harpers Ferry Town Council on Saturday provided "clear evidence that the current mayor and town council are not equipped to handle a project of this magnitude."

"With no structure, no order, it turned into an embarrassing free-for-all and a shouting match, full of false claims," Barrett said in recounting his observation of the meeting.

Barrett specifically noted that a claim that the SWaN project could turn into a casino is "absolutely false" because state and federal laws prevent such a scenario from unfolding in Harpers Ferry.

"If we do not pass Senate Bill 657, the Hill Top House and a piece of West Virginia history will be left to rot," he said.

Built in the 1880s, the now-blighted hotel property's guests included Mark Twain, Alexander Graham Bell and U.S. presidents, Barrett said in his floor speech.

Go here to read the rest:

W.Va. Senate passes bill aimed at spurring progress of Harpers Ferry hotel project - Herald-Mail Media

When integration finally arrived in Greenville, it brought progress at a cost – Greenville News

Former Beck High School students talk about how integration of Greenville County Schools affected them. The Greenville News

This is part of a series on the people who made history and the progress of public education 50 years after the desegregation of Greenville County's schools. Read more through Feb. 17.

He was just a boythen, but he could see something the grown couldn't.

Maybe because when boys are boys, and girls are girls, the eyes are wide enough to see the whole sky. Or they are close enough to the ground to spot the beginnings, the tiny roots of things. Maybe because youth is not an agebut a lens.

The first graduating class of Beck High School is pictured in this photograph displayed in a Beck yearbook. (Photo: JOSH MORGAN/Staff)

When Ernest Hamilton watched the trees topple in the forest, he watched the trees topple for him. When the earth behind his Nicholtown house moved, the earth moved for him. When he watched cement and metal and glass rise from the clearing, the building was built for him.

Greenville desegregation: Academic achievement gap slowly closing, but inequities persist

When the doors opened and the walls became 40 classrooms, a 600-seat auditorium, a gym for 1,500, the school still appeared to be for him and him alone.

Joseph E. Beck High School belonged to Ernest, and Ernestbelonged to Beck. They shared a foundation.

Just as he watched the school's making from his backyard on Glenn Road, the school watched him being made. A boy built up, brick by brick, into a leader in the classroom and on the football field.

When Ernest graduated in 1969, he didn't leave Beck. He scratched his initials in hallway corners. He scrawled his full name on the wall outside the basketball courts.

He was to be there, always.

But Beck's time lasted only a few months more.

Ernest Hamilton wears his Beck High School letterman jacket in his home. Hamilton graduated from Beck in 1969, the last graduating class and part of the first group of students that attended Beck from freshman year to senior year. (Photo: JOSH MORGAN/Staff)

On Feb. 17, 1970, Beckbecame a middle school. It was open as a high school for just five years.

The demotion was part of a court-mandated integration plan finalized and executed in a matter of weeks. Tens of thousands of books and furniture and suppliesshifted over one long weekend in February the middle of the school year.

A judges order meant that Greenville, a city in the state that was the second-to-last in the U.S. to desegregate, could operate only integrated schools. Greenvillewas the last major district in South Carolina to do so, and with 58,000 students, it was one of the largest in the nation.

The district built Beck a decade after U.S. Supreme Court justices ruled unanimously that segregated systems were unconstitutional. It opened eight years after federal troops escorted nine black students into a school in Little Rock, Arkansas, and two years after a judge had approved black student transfers to all-white schools in Charleston, South Carolina.

When the countyfinally moved, it was black Greenville that did the majority of the moving.

It was the black community that performed the heavy lifting of public-school integrationafter decades of bearing the burden of legally enforced segregation.

Thousandswere just boys and girls who couldn't see, not yet, that they also carried future generations across the thresholds of their new schools.

Some 12,000 students received transfer-assignment letters just days before the change. The district moved students and faculty to achieve a 80% white, 20% black makeup, a formula calculated to reflect Greenville's population at the time.

Ernest Hamilton holds his Beck High School varsity letter. Hamilton was part of the last graduating class at Beck before Greenville County Schools integrated in 1970.(Photo: JOSH MORGAN/Staff)

Some 60%of the black student population were reassigned. Only 10% of the white students were.

Black principals became assistant principals. Black coaches became assistant coaches. Black high schools became middle or junior high schools.

Some institutions were suddenly shuttered. The list included the Allen School, founded almost 100 years before by a black teacher in a deserted Main Street hotel room.

That meant black seniors ordered rings for graduating classes that never walked across the stage. Majorettes no longer had a band to lead. It meant championship basketball teams disbanded mid-season.

Integration cut homes and neighborhood streets in half. A son would go to one school, a daughter to another. Students on the left of the street would have to board a bus to a school on one side of town; students on the right side would board a bus that took them the other direction.

Those were the homes and streets Ernest, then a Michigan State freshman football recruit, returned to in 1970.

He found his name was still on the walls at Beck, but the walls were not the same.

On Feb. 17, 1970, the white students sat in the first rows of the English literature classroom. Barbara Franklin, their new classmate reassigned from Beck, slid into a seat directly behind them.

Barbara was just months away from her graduation, and she always sat in the front of the class. She worked as a phone operator on weeknights and weekends to pay her senior fees. Barbara had a cap and gown she would never wear. She had a Beck diploma cover she wouldnever use.

Barbara was among the first students to walk Beck's halls in 1965, and she held her head high. She wanted to do her best because she believed she had the best.

Barbara Franklin poses for a portrait in front of Sterling School, which was built where Beck High School used to stand. Franklin was in her senior year at Beck in 1970 and transferred to J.L. Mann when Greenville County Schools integrated. (Photo: JOSH MORGAN/Staff)

South Carolina built at least 700 schools for black studentsin the 1950s and 1960s, a $214-million investment in the newlyunconstitutional separate-but-equal system. These facilities may have been new, but the facilities were never supported equally by district leadership. Beck was one of them.

Eight days before Beck became an integrated middle school, district workers upgraded the schoolentrance, anunsightly gateway of concrete and rubber. They covered it with a green carpet.

Barbaralived so close to Beck she could watch the Beck Panthers football team from her backyard. Still, Barbara never cut through the grass to get to class in the morning or home in the afternoon. Some of her classmates teased.

She always took the long way around. She took the right route. The respectful one, she thought.

In those early Beck days, Barbara hauled her math book homeeven if she didn't have homework. She was not the best math student, but she had the best teacher. He bounced around his room. His energy electrified.

She wanted to be just like him, and she wasn't going to wait.

After school, Barbara cut brown bags into pieces and taped them on awall in her house. She gathered her younger siblings for a class they didn't enroll in.

Shed open the crisp binding of her math book. She wrote the problems on her board made of paper. Her chalk was Argo starch.

Barbara Franklin looks through a copy Beck High School of the class of 1970 yearbook. An abbreviated version of the yearbook was printed in limited quantities for the senior class at Beck, who moved to different schools during the school year. (Photo: JOSH MORGAN/Staff)

During the first period of the first day at integrated J.L. Mann High School, a woman Barbara didnt know read the roll call for the new class.

The English teacher then turned to the Beck transfers.

"Who is supposed to bethe cream of the crop?" the teacher said.

One of Barbara's Beck classmates spoke.

"We all are," he said.

"We'll see," the teacher said.

She passed out a test only to the Beck transfers.Despite years of hard work at Beck, despite years of doing things the right way, Barbara had to prove her worth to a stranger.

She took the test.The teacher never returned the graded papers.

Donna Byers didn't recognize anyone.Her eyes kept scanning the dozens of faces on each row of the gymnasium bleachers.

She didn't know anyone because she didn't belong there, she thought. Donna was a high school student, and she was now a new student at amiddle school that February morning. Thatis where the districts integration plan sent her.

Donna Byers poses for a portrait at the Nicholtown Community Center. Byers was a majorette in the Beck High School marching band. She was in ninth grade at Beck and was transferred in 1970 to Northwood Middle School. The next school year, she transferred to Wade Hampton and then J.L. Mann.(Photo: JOSH MORGAN/Staff)

Just the last week, Donna knew everyone. Or, at least, it seemed like everyone at her previous school, Beck, knew her.

It was like a parade everywhere she went. Her Nicholtown neighbors sat on their front porches to watch Donna and her fellow Beck high-steppersstrut their way to daily practice or the games.

They strolleddown streets cutting through landthat just a century earlierhad been a plantation.

The younger students chased Donna. "Can I hold your baton," they said. "Can I touch the tassels on your majorette boots?"

Donna was a superstar. She was Tina Turner. She was Diana Ross. She was taller than Paris Mountain.

She was also the hardest to spot when that 120-person band marched onto the football field Friday nights. She was the smallest. The youngest, too. She made the cut in eighth grade. But could she twirl, really twirl.

And when Donna did her thing, she was all the crowd could see.

It was Feb. 17, 1970, and Donna sat still, silent and small. Northwood Middle School's welcome assembly for their new students was about to start.

At the same time, another girl who had been scanning the rows of bleachers from the other side of the gymnasium spotted Donna. She marched in the Beck band behind the majorettes, where Donna twirled.

"It's going to be me and you," she said as she sat down next to Donna.

Their new school didn't have a marching band.

The five boys walked across the gym in a school named for a Confederate soldier. The transfers jersey colors were now gray and red. Their team now answered to the Mighty Generals.

The rest of the basketball players already sat on the bleachers. This was the first time the Wade Hampton High School team, assembled midway through the season, shared a court for practice.

Two of the new students, including Clyde Mayes, played their final game for Beck the week before. The other three came from Washington High School, a black school that no longer existed.

At Becks final bout, winning was not the only goal. Led by Clyde, the team made a promise to that gymnasium, to the 1,500 students, parents, teachers, neighbors cheering on their feet that Friday night.

Clyde Mayes in the Wade Hampton High School gym. Mayes played basketball for Beck High School and then for Wade Hampton after Greenville County Schools integrated in 1970.(Photo: JOSH MORGAN/Staff)

They pledged to all of Nicholtown to score 100 points, about 20 points more than they averaged. This was the last game these boys, defending state champions boasting an 18-1 record, would ever play together.

The teammates received transfer letters to three different Greenville schools that week.

Clyde, the 6-foot-7-inch star junior who averaged 22 points and 26rebounds, was assigned to Wade Hampton. His older sister's letter said J.L. Mann. His mother went before a judge to argue, without success, that her children should go to the same integrated high school.

With minutes to go in the final Beck game, the teams tally stalled at 94.

Mayes could help score six more points. He was sure of it.

He'd scored a thousand on the dirt court in his Glenn Road neighbor's yard. He'd scored a thousand more at the pick-up games he played at Beck before he was even in high school.

And he would score again here, one last time.

When the clock read zero, the scoreboard said 102. But then, the cheers hushed. The crowd fell silent.

The game was done. Tears fell because it was all over.

The Wade Hampton gym was quiet, too, that February day, when Clyde walked onto his new home court. He couldnt hear anything but the sound of shoes meeting a wooden floor.

Clyde made his way to the stands to joinhis team and his coach.

He sat down between two of the white players and waited to begin again.

Beck High School as seen in the class of 1968-69 yearbook is pictured on the left compared to modern-day Sterling School on the right. Sterling School was built where Beck used to stand.(Photo: JOSH MORGAN/Staff)

The Beck High School building no longer exists. Sterling School now stands on the former Beck property near McAlister Road.

Ernest Hamilton graduated from Michigan State University before attending University of South Carolina law school. He is a lawyer in Greenville. Like when they were boys, Ernest and Clyde Mayes are still neighbors and friends.

Barbara Franklin finished high school from home. Franklin now works as a caregiver in Greenville.She is helping plan a 50th anniversary for the 1970 Beck High School seniors.

Donna Byers transferred again after 1970, first to Wade Hampton and then J.L. Mann. She attended Greenville TechnicalCollege. She works as an accountant in Greenville. She is still best friends with the girl she saw in the Northwood gym on Feb. 17, 1970.

Clyde Mayes and the Wade Hampton Mighty Generals basketball team won back-to-back state championships. Mayes played for Furman University and inthe NBA, and he played on professional teams in Italy, Spain and France.

Sources: The story is based on 2020 interviews with Barbara Franklin, Donna Byers, Clyde Mayes, Ernest Hamilton and Jon Hale, a University of South Carolina associate professor. Additional information came from The Greenville News archives, the work of Stephen O'Neill at Furman University, Greenville County Historical Society, University of Kentucky research and "The Mighty Generals" by Mike Chibbaro.

When integration finally arrived in Greenville, SC, it brought progress at a cost. Read the full story here

Academic achievement gap is slowly closing, but inequities persist.Read the full story here

Black teacher recalls trials, triumphs at mostly white school during integration. Read the full story here

1963 lawsuit set stage for school integration in Greenville, SC. Read the full story here

Coming Wednesday: On the night Sterling High School burned to the ground, not everything was destroyed

Coming Thursday: Greenville 'not a town in black and white' after price was paid, civil rights leader says

Coming next Monday: It's not policy anymore, but schools in South Carolina and elsewhere remain segregated

Read or Share this story: https://www.greenvilleonline.com/story/news/2020/02/10/south-carolina-school-integration-greenville-desegregation/4421658002/

More:

When integration finally arrived in Greenville, it brought progress at a cost - Greenville News

MLB Rumors: ‘Progress’ in Mookie Betts Trade; Red Sox and Dodgers ‘Hopeful’ – Bleacher Report

Elise Amendola/Associated Press

Though the potential trade to send right fielder Mookie Betts from the Boston Red Sox to the Los Angeles Dodgers hasn't gone through yet, there has been "progress," according to Jon Heyman of MLB Network.

Heyman added the "sides seem hopeful."

The deal was initially expected to include the Minnesota Twins, who were giving up pitcherBrusdar Graterol, but concerns over his medical history stalled talks. Chad Jennings of The Athletic reported Saturday the Twins "are out of the Betts/[David] Price trade talks."

However, according to Ken Rosenthal of The Athletic, the three teams remain active in discussion, but it's possible there are two separate deals: one between the Twins and Dodgers and another between the Dodgers and Red Sox.

Alex Speier of theBoston Globe reported that the Red Sox are "considered unlikely to end up with Graterol."

Los Angeles was initially expected to receive Betts and pitcher David Price while sending outfielder Alex Verdugo to Boston and pitcher Kenta Maeda to the Twins, but the Graterol reports "spooked" the Red Sox, perJeff Passanof ESPN.

From Passan: "The Red Sox, sources said, were spooked by a medical review of Graterol, the hard-throwing 21-year-old right-hander who has undergone Tommy John surgery and missed time in 2019 because of a shoulder injury."

Heyman reported Sunday that Graterol could now end up with Los Angeles as part of a separate deal for Maeda, noting that other team doctors have "no big issue" with the pitcher's medical reports.

PerCaesars Palace, the Dodgers' World Series odds rose from 7-1 to 4-1 after reportedly acquiring Bettsa four-time All-Star, four-time Gold Glove winner and 2018 AL MVPand Price.

Los Angeles has won104,92 and106 games the past three seasons and reached twoWorld Series but it still looking to win its first title since1988.

Read the rest here:

MLB Rumors: 'Progress' in Mookie Betts Trade; Red Sox and Dodgers 'Hopeful' - Bleacher Report

Norway, US and UK press for progress on South Sudan deal – Africa Times

The governments of Norway, the United Kingdom and the United States are urging South Sudanese leaders to move quickly to conclude their power-sharing peace agreement, ahead of a February 22 deadline.

The troika nations said they stood in solidarity with the regional Intergovernmental Authority on Development (IGAD) that mediates the negotiations with South Sudan, and shared the IGAD frustration with a lack of progress.

With few days remaining until a power-sharing government is due to form, time has almost run out, the troika governments said in a joint statement. Specifically, we encourage all sides, including the government, to reach consensus on a way forward on the number of states. Refusing to compromise and move forward undermines the agreement, risks the ceasefire, and erodes the trust of the public and the confidence of partners.

Extensions on a deadline for implementing the first phase of a hard-won deal between President Salva Kiir and opposition leader Riek Machar have already been granted twice, but negotiations remain stalled over the states and how their boundaries will be drawn.

Further extension is neither desirable nor feasible at this stage of the peace process, warned IGAD on Sunday, when the organization issued a statement on its negotiations in Addis Ababa. The IGAD meeting included Kiir and other Horn of Africa heads of state, as well as lead IGAD negotiator Ismail Wais, but Machar remains committed to fewer states than the nation currently has.

A national referendum on the states issue may be a solution, but also has the potential to further delay progress. In some areas the fighting continues, while the years of war since 2013 had claimed nearly 400,000 lives, according to2018 researchfrom the London School of Hygiene & Tropical Medicine.

Image: IGAD

Related

View post:

Norway, US and UK press for progress on South Sudan deal - Africa Times

Poverty ‘entrenched’ in New Zealand despite progress on social issues – report – The Guardian

New Zealand has made significant progress on key social issues in the last 12 months, including improved treatment of those on welfare, boosting employment and household incomes and reducing teen pregnancy, according to a new report.

However, the Salvation Army report urged New Zealands centre-left government, led by Jacinda Ardern who has made reducing child poverty her personal mission while in office, and exhorted a politics of kindness and compassion to do more to address what they called normalised, entrenched poverty in the country.

Housing affordability, spiking youth suicide rates, the destruction wrought by methamphetamine, and the number of children in deepest poverty were not improving, said the Salvation Army, the organisation publishing its 13th annual State of the Nation report. But the picture was not entirely gloomy.

What we do notice on the frontline is that theres been a huge effort to make Work and Income much more user friendly, said Ian Hutson, the Armys social policy director, referring to the countrys social welfare agency.

There had been a kind of punitive approach to poverty in the country in the past, he said. But it seems like theyve put the emphasis on really trying to help people rather than penalise people, for all different possible reasons, by taking them off all or part of the benefit.

There had been a small dip in the number of people requesting food parcels in 2019, the Salvation Army report said. But Hutson added that while beneficiaries were being treated more kindly in their dealings with the social welfare agency, they werent receiving enough money from the government to live on.

We think the benefits too low and thats one of the key causes of child poverty in this country, he said. Many of the people we work with at the frontline have been able to access welfare and hardship support for beneficiaries, but the core benefit level is still too low.

Arderns government had taken notice of the issue, commissioning a working group on social welfare that had in 2019 recommended a boost to social welfare payments, he said, but had failed to act on it. The prime minister had also not proceeded with a capital gains tax urged by another working group.

Sometimes when government have bold ideas, if they feel like the people of the nation wont back them, they wont do it, Hutson said.

Before Arderns government came to power following the 2017 election she had pledged to tackle New Zealands housing crisis if she became prime minister, after outrage generated across the country by news reports of families sleeping in cars. But the waiting list for social housing had hit new highs, Hutson said, and low-income families could not afford rents including in smaller cities that had previously been feasible alternatives to the escalating prices of Auckland and Wellington.

Rotorua, Palmerston North, Dunedin and Invercargill were among the cities which had seen house price increases of at least 10%, the report said.

The social housing waiting list is not going down, Hutson said. More emergency and social housing has been built, which is encouraging, but it doesnt feel like weve turned the tide at all.

He added that the government needs to significantly invest in housing at the bottom end.

The governments so-called wellbeing budget, introduced in 2019 which requires all new spending to be measured against wellbeing measures rather than GDP had made him hopeful lawmakers could move the needle on social problems, Hutson said.

But you cant expect that in one year theyll be able to show that a whole lot of things have gotten better.

Go here to read the rest:

Poverty 'entrenched' in New Zealand despite progress on social issues - report - The Guardian