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2011年11月2日星期三

From the bench to the box

A retired San Luis Obispo Superior Court judge recently found himself in an unusual location in the courtroom — sitting in the jury box.

Attorneys arguing a civil trial chose retired Judge Christopher Money to serve on the jury, which goes against an unwritten rule among lawyers to never pick an attorney or judge to be on a jury.

Money said lawyers involved in trials often shy away from picking a judge or another lawyer for a jury because of perceptions about how they might apply the law.

Lawyers also sometimes fear a legal expert would become overbearing alongside other jurors who don’t have a background in law.

The recent civil case involved a dispute between a landlord and tenant over whether an inspection of a San Luis Obispo site was valid and didn’t break a contractual agreement.

Money said he was not the foreman and allowed his peers on the jury to conduct much of the discussion without saying too much. They came to a unanimous agreement in favor of the defendant after a two-week trial.

“I didn’t expect to be selected, but I’m glad I was because it gave me a different perspective than I had as a judge,” Money said. “I thought the jury did a tremendous job. They listened carefully and were very thorough in their deliberations.”

Susan Matherly, the county Superior Court’s executive officer, said she can’t recall a local judge serving on a jury in recent years, though she said nothing prohibits them from doing so.

Matherly said that when she worked in Los Angeles County’s court system, judges were occasionally picked for juries.

“It isn’t common, but it happens from time to time,” Matherly said.

Local lawyers Roy Ogden and Dennis Balsamo tried the recent lawsuit that concluded Friday before Judge Donald Umhofer in the Paso Robles court. Each felt Money could be a fair juror.

Each also could have removed him from a pool of more than 60 potential jurors by using a legal challenge that doesn’t require having cause.

“I relied on the strength of our case and felt Judge Money would be fair,” defense lawyer Ogden said. “He’s an intelligent guy and understands the law.”

Balsamo, attorney for the plaintiffs, said he thought Money would be “completely” fair in deliberations and that he might give other jurors some legal guidance if necessary.

“I didn’t think his presence would be more or less beneficial,” Balsamo said. “… I’m not happy with the jury’s decision, but I respect it.”

Money said he was happy to spend time in the “beautiful courthouse” in Paso Robles and said the experience taught him that “juries pick up on things quickly and lawyers don’t need to repeat points several times they often think they need to go over.”

A jury returned a verdict last week favoring landlord DW August Co. in a case that involved a school leasing property from the company in San Luis Obispo.

The lawsuit’s allegations included trespassing and invasion of privacy.

The owner of the Laureate School in San Luis Obispo, Eucasia Schools Worldwide, claimed the plaintiff cut a chain across the parking lot and entered the school without permission from school officials by way of a locksmith making a new set of master keys.

The lawsuit also alleged DW August accessed the plaintiff’s computer system, looked at papers, “maliciously” switched telephone and fax wires, and failed to secure a rear door, leaving the school’s confidential student and employee records unsecured, according to court documents.

The trial lasted two weeks and no money was awarded to the plaintiffs after a verdict came back Friday, according to Roy Ogden, who defended DW August. Plaintiff attorney Dennis Balsamo said he didn’t want to discuss details of the case.

2011年10月23日星期日

Five workshops held by the Labour Party in Gozo today

The Labour Party has been holding its regional conference in Gozo this weekend. Today, five different workshops were held which were set up to discuss political, social, economic and cultural proposals for a better Gozo.

The five workshops were run by Dr Anton Refalo, Mr Joe Cordina, Dr Justyne Caruana, Mr Anton F Attard and Mr Franco Mercieca.

Many topics were discussed across the various meetings, in discussions took place about the possibility of direct access to EU funds for Gozo, the development of new economic sectors and the island having it’s own regional decision making structures.

Participants in another meetings felt that “Gozo needed a further yacht marina.” Also discussed was that a “better transport service between Gozo and Comino, as well as to possibly some of the bays on the island, should be developed.” Underground car parks built in Mgarr and Victoria to ease the parking problems was another item discussed.

In another discussion it was said that the “Xewkija industrial area should be revived and that a new business park built in Gozo would generate new economic activity, encouraging the return of lost businesses from Malta and abroad to the island.”

Those present in the meeting that had an educational theme agreed that “extra investment was required for the youth of Gozo to provide them with more educational opportunities on the island.” Also discussed was the point that “local university students should be able to submit their assignments in Gozo as well as take their exams in Gozo. Gozitan students who have to travel to Malta, should continue to receive financial support, this could also possibly include those in private education. Better career guidance for the youth in Gozo was also something that needed attention, the attendees thought. Others felt that the “unfair gap in pay between Gozitans and Maltese must be addressed

The celebration of Gozo’s cultural and natural heritage, through handicrafts, art and culture, were discussed, with participants commenting on the need for camping and caravan sites. Investment in new cultural, sports and recreational facilities was also mentioned. “More public gardens and recreation areas for families were needed on the island,” they thought. The chance of having off road facilities was discussed, as well as to hold more cultural events of all types in Gozo. The participants also thought that “more archaeological work must be carried out at the Citadel to prevent its deterioration.”

Changing the health care service was discussed in another meeting so that patients “could be assigned rooms not according to their gender but according to their condition.” Also mentioned was the “urgent need for a chemotherapy service in Gozo and that the medicines service provided by the health system should be under the control of the Health Ministry and not the Ministry for Gozo which is not professionally qualified to provide it.” Those at the meeting also felt that homes for the elderly in Gozo were badly needed.

2011年9月28日星期三

Govt changes course on pool safety rule

Thousands of public pools in cities and towns nationwide will be taking a fresh look at their safety systems after federal regulators changed course Wednesday on measures required to keep swimmers, especially children, from getting trapped in pool drains.

The Consumer Product Safety Commission voted 3-2 to revoke guidance it provided pool operators nearly 18 months ago about how to comply with a sweeping 2008 law aimed at preventing drain suction from trapping swimmers under water. The law was passed in response to several horrific child entrapment deaths, including the 7-year-old granddaughter of former Secretary of State James A. Baker.

The new guidance requires public pools with a single main drain to have a back-up system that could shut the suction of the drain. Previously, they had been told they could use a new "unblockable" drain cover, usually a dome-shaped piece of equipment that covers the drain and prevents someone from getting trapped. The concern is that the "unblockable" drain cover could break, come loose or be improperly installed.

The move means public pools with those single-drain systems would have to buy new and costly back-up systems. Some pools may close if they don't have the new equipment by next May.

The new guidance comes after one of the five commissioners at the agency decided to change his earlier vote on how pools should interpret the law.

After siding last year with the two Republican commissioners, Democrat Bob Adler said Wednesday he has had a change of heart about what Congress intended when it wrote the law.

"My previous interpretation is wrong," Adler said, explaining that he has spent months talking to lawmakers who helped write the law and to industry officials, as well as hearing from parents who lost children in entrapment accidents.

The decision followed nearly two hours of contentious debate among the commissioners at a public meeting.

The overall impact on cities and states is not clear. Neither the CPSC nor the industry could provide figures on how many of the nation's estimated 300,000 public pools and spas have single-drain systems. Bigger pools with multiple drains are not affected by the vote.

Republicans on the commission said the unblockable drain option is safe. They fumed about cities and towns that have spent thousands of dollars re-fitting their pools with new drain covers, and questioned whether the seconds that pass before the back-up system kicks in would come too late to save a child.

They were also critical that the public — states and cities having to comply with the law — did not have a chance to weigh in before Wednesday's meeting.

In the end, public comment will be sought about whether the May 28, 2012, effective date for the changed policy is reasonable. But that did not satisfy Republican Commissioner Nancy Nord, who pressed for more facts before making changes to the agency's position.

"It's like saying we're going to guillotine you, now tell us what day would be convenient," said Nord.

Thomas Lachocki, who heads the National Swimming Pool Foundation, a nonprofit organization that offers safety and educational training for pool operators, says the new agency position will not make children safer and may close pools.

"It doesn't make sense to increase the financial hardship on pools in a very challenging economic time," Lachocki said in an interview. "That could result in a reduction of swim lessons, which results in an increase in drownings."

Between 1999 and 2010, there were about 80 injuries because of pool and hot tub drain entrapments, according to government figures. Twelve fatalities — most of them were children — were reported from 1999 to 2008. No fatalities have been reported in the last three years.

Nancy Baker, who lost her daughter Graeme in 2002 when the child was sucked onto a hot tub drain, says no parent should have to endure the loss and pain she and her family suffered.

Unblockable drains can fail, she said in a letter to the agency. "That is why the law included a provision requiring a back-up system regarding single drain pools, with an understanding that a drain cover would only prevent an accident were it in place and functioning properly."

2011年8月11日星期四

Automated Battery Cars Replace Buses at Heathrow Airport

ULTra PRT (urban light transport - personal rapid transport) vehicles have started operating at London's Heathrow Airport. BAA, the operationg company for Heathrow Airport, needed to provide a means of travel from the new terminal 5 to remote parking. Comparing several options, ULTra PRT provided a solution that was "... a 60% improvement in travel time and 40% operating cost savings."

The PRT concept has been around for a few decades. Heathrow is the first full-scale implementation of the concept. By installing a PRT, lower value land use like parking lots can be located further from the terminal. This less costly solution to public transit also has the advantages of personal transit. The personal air-conditioned vehicles do not have to stop for other passengers. They run at about 25 mph on a dedicated track with off-road stops, avoiding all forms of traffic control and congestion. (No stopping behind non-moving vehicles.) The "podcars" are in constant communication with a control center but operate autonomously using laser sensors. There is also a failsafe to keep vehicles from hitting one another.


The technology for some individual components is not cutting edge, but the system shows what can be done even with available equipment. The vehicles use a 4 x 45Ah, 48-volt lead acid battery pack that is recharged between stops and recycled when they are no longer usable. The front wheel drive motor typically draws about 2KW. The cars are relatively light and run on 13″ wheeled, tubeless tires. The body is of ABS plastic and steel with acrylic glazing.

Guideways provide a track for the vehicles and a curb for the Parking guidance system. They are not powered and don't contribute to the operation or communication of the vehicle with the control which is done wirelessly. Stations are less costly as well because the vehicles wait for people rather than large masses of people waiting for a ride. Like taxis gathering after a theater performance, we can expect control will schedule more units to wait for incoming planes.

2011年6月12日星期日

City school system, Filipino teachers facing immigration challenges

On Sunday, we ran a story that explored some of the challenges the city school system says it is having in retaining hundreds of Filipino teachers--whose three-or-six year work visas are expiring--as so many American teachers are looking for jobs in the district.

Federal immigration laws require the district to show a need for the teachers before it can apply to renew work visas, or help them obtain permanent residency.

"We're in a tough position now because we're currently operating with more applicants than we have positions," said Tisha Edwards, chief of staff for the school system.

As we've reported before, the city has a sizable surplus teacher pool (about 700 city educators attended a job fair last month. Meanwhile, the district has vowed to "exhaust all legal strategies" to keep international teachers in the U.S.--even calling around to other districts to find vacancies they could potentially fill.

In total, about 300 Filipino teachers are facing some deadline this year.

2011年5月5日星期四

Chrysler 300 has power, panache

Chrysler is back! The jury has been out since the company's brush with bankruptcy and bail-out, but the news that Chrysler is paying back Canada and the U.S., $7.5 Billion in government loans together with the arrival of 16 new or improved models, is proof positive that the third member of the Big Three is alive and well once more.

Leading the charge is the new Chrysler 300. First introduced in 2005 during the partnership with Mercedes-Benz, it signaled a shift from front-wheel drive to rear-wheel drive for the company's flagship large sedan. Designed in-house by Ralph Gilles, the 300 had an immediate visual impact with its Bentley-esque nose, broad shoulders and commanding presence, heightened by the knowledge that a brooding 340-horsepower Hemi V8 was lurking under the hood.

Fast forward to 2010.

The new 300 retains its basic shape but the frontal aspect has lost the brutish character of its predecessor. The new nose is less square and the revised chrome grille with seven horizontal slats and elegant winged Chrysler hood emblem suggest a new refinement without so much flexing of the muscles. The headlight clusters, for example, have a slimmer, more elegant keyhole shape that better defines the fenders, and feature diamond-like LED clusters for the Daytime Running Lights. Handsome multi-spoke, 20-inch polished aluminum rims complete the picture. Think iron fist in velvet glove.

Four models are offered for 2011, the 300 Touring, 300 Limited, 300C and 300C AWD. Base engine is the new Pentastar V6 that provides Best-in-Class 292-horsepower and delivers 7.3 L/100 km (39 MPG) on the highway. The optional Hemi V8 pumps out 363 horsepower and a meaty 394 lb-ft of torque without becoming a gas-guzzler. Thanks to Fuel Saver Technology, it can seamlessly switch from 8 to 4 cylinders during cruising, earning a remarkable 8.0 L/100 km (35 MPG) on the highway. Standard transmission is a smooth and rugged 5-speed Automatic with Manual Shift Mode.

Our tester was the Hemi-powered 300C finished in Brilliant Black Crystal Pearl with Black Nappa Leather-faced seating. If you think the exterior styling has reached a new level of sophistication, wait until you get inside.

In terms of quality, craftsmanship and convenience - including numerous exclusive or Best-in-Class features - the 300 cabin meets or exceeds a level of luxury found only in the most exotic, and far more expensive sedans from Europe and Japan.

Slip into the driver' seat and get comfortable. The four-spoke, power adjustable steering wheel with real wood upper and leather-wrapped lower sections provides class-exclusive 360-degree heating and fingertip controls for audio, cruise, Voice Command and Uconnect functions. You -- and the front seat passenger -- enjoy heated and ventilated seats with 12-way power adjustments and active head restraints. Power adjustable pedals ensure you can tailor the perfect driving position while two memory settings allow you to set seat, steering wheel, pedals, radio pre-sets and outside power adjustable mirrors.

A Vehicle Information Centre display sits between the main speedometer and tachometer gauges. Controlled by steering wheel buttons it lets you scroll through data such as fuel economy, distance to empty, tire pressures, fluid levels, ambient temperature and compass direction. The main gauges and secondary switchgear are illuminated with soft, soothing blue backlighting.

All four doors open wide to 90-degrees making entry and exit a lot easier than in most competitive sedans while rear seat passengers enjoy tons of head, shoulder and leg room, plus the comfort of heated seats. They also enjoy the largest, two-panel panoramic sunroof in its class and power rear backlight sunshade.

The black, soft-textured dashboard surfaces are complemented by the use of satin chrome and chrome trim to highlight gauges, steering wheel controls and air vents. Polished, Black Comodo Elm panels add a rich quality to the centre console with its chrome trimmed shift gate and covered storage bin with dual heated, cooled and illuminated cup holders. The centre stack is dominated by a bold 8.4-inch touch screen (largest in class) that is the heart of the media system. This is without doubt, the easiest, most intuitive touch screen I have seen in any vehicle. It lets you use your voice-activated Bluetooth cellphone, AM/FM and Sirius Satellite Radio (with one year complimentary service), CD and MP3 player. It even understands commands in English, French and Spanish. The Premium Alpine Sound System features nine speakers and 506 watts of amplified, speed-sensitive volume.