| Blog and Media Roundup - Wednesday, November 3, 2010; News Roundup | |
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| Tweet Topic Started: Nov 3 2010, 04:33 AM (798 Views) | |
| abb | Nov 3 2010, 04:33 AM Post #1 |
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http://www.heraldsun.com/view/full_story_news_durham/10140772/article-Walker--Evans-win-contested-District-Court-races?instance=main_article Walker, Evans win contested District Court races The Herald Sun 11.02.10 - 11:26 pm By John McCann jmccann@heraldsun.com; 419-6601 DURHAM -- A woman who grew up here and for years has been mentoring some of her hometown's kids has been elected to rule in District Court -- a place from which she's been trying to steer young people. "God is good. The community that I grew up in came out and gave me the support," Durham County Assistant District Attorney Doretta Walker said. "It's overwhelming." The prosecutor outpaced Durham lawyer Freda Black and will occupy the seat that will be vacated when District Court Judge Ann McKown retires. Walker, who graduated from Northern High School, for years has been a youth mentor in the West End community. She said the reason she spends so much time working with young people is so they won't get on the wrong track and end up in the courthouse, where she oversees the prosecution of both financial and property crimes. Black in 2003 was the assistant prosecutor on the case of Durham writer Michael Peterson, who was convicted of first-degree murder for killing his wife. In 2008, Black was a candidate for district attorney but came in second to Tracey Cline, who was unopposed for reelection as Durham's top prosecutor. "I would like to congratulate Ms. Walker in her election as one of our newest District Court judges. I think she will do a good job, and I hope she will be firm and fair to all of Durham County. Thanks to all of my supporters," Black said. The other contested District Court judicial race ended with Durham lawyer Pat Evans beating Durham lawyer Brian Aus to claim the seat being vacated by Chief District Court Judge Elaine Bushfan, who successfully ran for a Superior Court judgeship. District Court judges Nancy Gordon, Jim Hill, Marcia Morey and Brian Wilks were unopposed for re-election. |
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| abb | Nov 3 2010, 04:34 AM Post #2 |
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http://www.heraldsun.com/view/full_story_news_durham/10140764/article-Bushfan-becomes-first-female-Durham-Superior-Court-judge?instance=main_article Bushfan becomes first female Durham Superior Court judge The Herald Sun 11.02.10 - 11:26 pm Hardin, O'Foghludha also win Superior Court bench victories By John McCann jmccann@heraldsun.com; 419-6601 DURHAM -- The self-described little girl from the Bull City's West End community made history last night when she became Durham's first female Superior Court judge. Durham County Chief District Court Judge Elaine Bushfan got that nod. Voters also elected Superior Court Judge Jim Hardin Jr. and Durham lawyer Mike O'Foghludha. Room opened up on the Superior Court bench when Superior Court Judges Ronald Stephens and Kenneth Titus announced they wouldn't seek re-election. Hardin was appointed to the job after Superior Court Judge Leon Stanback Jr. retired. During the campaign, Hardin mentioned the wealth of experience Durham's Superior Court was losing with the departures of Stephens, Titus and Stanback. "Those are big shoes to fill," Hardin said Tuesday night. But Hardin said he, O'Foghludha, and Bushfan, along with Senior Resident Superior Court Judge Orlando Hudson, can get the job done for the people. Hardin is known for his prosecution of Michael Peterson, a former Herald-Sun columnist who in 2003 was convicted of killing his wife. Like Bushfan, Hardin is homegrown. He graduated from Northern High School and was a linebacker for Duke University. Hardin is quick to point out he didn't play much for the Blue Devils, but the man also is a full colonel in the U.S. Army Reserve. O'Foghludha is the managing partner of Pulley, Watson, King & Lischer. He's into his 29th year practicing law. He said this was his first time running for any elected office, and he campaigned on having a broad range of experience. O'Foghludha said he's thrilled to have emerged among such qualified candidates. "I'm humbled and thrilled by this," said O'Foghludha, who quipped he won't find anyone in contempt of court for failing to properly pronounce his name (sounds like O'Falu). |
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| abb | Nov 3 2010, 04:37 AM Post #3 |
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http://www.heraldsun.com/view/full_story/10140768/article-Orange-voters-nix-sales-tax-increase?instance=main_article Orange voters nix sales tax increase The Herald Sun 11.02.10 - 11:26 pm BY BETH VELLIQUETTE bvelliquette@heraldsun.com; 419-6632 HILLSBOROUGH -- The Orange County Board of Commissioners, library supporters and school officials pushed voters in recent weeks to pass a quarter-cent sales tax referendum, but the sales tax did not pass Tuesday. The final result was a 51.24 percent to 48.76 percent margin of defeat for the referendum. There were 21,810 votes against the additional sales tax, and 20,755 votes for the tax. If the tax had passed, the Orange County Board of Commissioners promised that for the next five years, 42.5 percent of the proceeds would be allocated to both the Orange County and the Chapel Hill-Carrboro City school systems to be used to renovate and repair older schools and improve technology in them. Another 42.5 percent of the tax revenue was to go to economic development, including funding for infrastructure in the county's economic development zones, business loans, targeted business recruitment and retention and expansion efforts for community branding and marketing. Fifteen percent of the tax revenue would have been split equally to improve libraries and for Emergency Medical Services to shorten response times to emergencies. The Orange County Board of Commissioners had placed the question on the ballot this year with the hope that voters will be willing to pay the extra quarter-cent tax that would have generated about $2.3 million each year. Commissioner Bernadette Pelissier said she was disappointed and surprised the tax didn't pass. "I actually thought it had a good chance because there were so many groups that were behind it," she said. "The Chamber [of Commerce], the school boards, Justice United." "On the other hand we hear very much from constituents that we had the high point in our property taxes so this was an alternative solution to do some of the things we needed to do," Pelissier said. "We'll just have to reassess to see what we can do." The county has an option to buy property next to Carrboro Elementary School as a possible location for a new southwest branch of the Orange County Library. Pelissier said it was too early to say what the repercussions of the referendum will be but it could affect the commissioners' decision to go ahead and buy the property for a new library. Earl McKee, who was just elected to the Orange County Board of Commissioners on Tuesday, said he had supported the quarter-cent sales tax but its defeat said clearly that the citizens of Orange County do not want to pay more taxes. McKee said the county needs to avoid increasing property taxes in the coming year, so it will be up to the county commissioners to find alternative and creative ways to support the schools. In Orange County Tuesday, voter turnout was 44.69 percent with 45,790 votes cast out of 102,462 registered voters. In the 2008 presidential election, voter turnout was 71.25 percent with 75,194 ballots cast from 105,540 registered voters. |
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| abb | Nov 3 2010, 04:46 AM Post #4 |
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http://falserapesociety.blogspot.com/2010/11/must-read-story-sex-charges-dropped.html Tuesday, November 2, 2010 Must read story: Sex charges dropped against Bucknell student, despite significant roadblocks The following story is a sad and frightening commentary on our so-called "rape culture." It illustrates the significant and unfortunate roadblocks confronting presumptively innocent college men caught up in murky "he said/she said" accusations of sexual assault in our current milieu. Let me state at the outset: as an objective outsider, I have no idea what happened in the dorm that figures in this story the night of the alleged incident. No one does except the two young people involved. It would be unjust to call the young man a rapist, and equally unjust to call the young woman a false rape/sexual assault accuser. All we can comment on is what we know based on what was reported. A 19-year-old female Bucknell student named Kelly Stefanowicz alleged that on September 5, 2010, at approximately 2:00 a.m., she was physically and sexually assaulted by Reed C. Dempsey, also a 19-year-old Bucknell student. The Union County District Attorney, in conjunction with the Bucknell University Police Department, filed criminal charges against Mr. Dempsey related to the alleged attack. Stefanowicz also filed an internal disciplinary complaint at Bucknell against Mr. Dempsey. Mr. Dempsey subsequently filed his own student complaint at Bucknell against Stefanowicz, contending she sexually assaulted by kneeing him in the groin, and that she filed false charges against him. Mr. Dempsey was suspended and barred from campus. He attended classes through a webcam, but was not allowed to participate in on-campus activities. Stefanowicz Files a Motion to Enjoin the Hearing She Initiated The Bucknell student code of conduct requires a disciplinary hearing of student complaints within 20 class days of the filing date. As it happened, the Bucknell disciplinary hearing was scheduled to occur before Mr. Dempsey’s criminal preliminary hearing was scheduled to occur before a district judge. Ms. Stefanowicz found the timing of the Bucknell hearing objectionable because it would give Mr. Dempsey -- the presumptively innocent young man accused of a very serious crime that could send him to prison for many years -- an unfair advantage. How? At the Bucknell hearing, Ms. Stefanowicz would be forced to answer questions posed by Mr. Dempsey, and Mr. Dempsey would obtain evidence, including witness testimony, before the local district attorney's office finished compiling its case. This, in the eyes of persons looking to convict Mr. Dempsey of a criminal charge, could impair the criminal prosecution against Mr. Dempsey. To prevent the criminal prosecution against Mr. Dempsey from being impaired, Stefanowicz filed a motion in Federal Court to enjoin the Bucknell disciplinary hearing -- the hearing that she inititiated -- until after Mr. Dempsey's criminal preliminary hearing. She alleged that holding the Bucknell hearing before Mr. Dempsey's criminal preliminary hearing violated -- you guessed it -- Title IX. She objected to Bucknell turning over to Mr. Dempsey material that could be used by the prosecution at his preliminary hearing. She also objected because, as part of the Bucknell hearing, Stefanowicz would be required to confront Mr. Dempsey and respond to his questions. Moreover, she objected because she was required to face charges of sexual assault and false accusations at the Bucknell hearing. A Federal Court Denies the Motion for Injunction Earlier this month, a Federal Court denied Stefanowicz's motion to enjoin Bucknell from conducting its hearing. The court rejected the argument that the Bucknell hearing would violate Title IX. The court explained: "t was [Stefanowicz] who first sought the relief accorded by Bucknell's internal procedures. Moreover, the questions prepared by Dempsey will be read by a member of the hearing board, and not by Dempsey himself. The questions posed are also required to be relevant and appropriate. The hearing board, through the chairperson, is responsible for determining the relevance and appropriateness of respondent's questions and is thus able to protect [Stefanowicz] from any potential harassment or retaliation." Under these circumstances, "the Court cannot conclude on the basis of the complaint that there is a substantial likelihood that the procedures surrounding the [Bucknell] hearing constitute further sexual harassment that is severe or objectively offensive and that Bucknell was deliberately indifferent to the harassment." The Bucknell Disciplinary Hearing: Dempsey Cleared of Sexual Assault At the Bucknell disciplinary hearing, Mr. Dempsey was cleared of sexual assault charges. He and Stefanowicz were both found guilty of disorderly conduct after an internal hearing that stretched over three days before a board of one administrator, two faculty members and two students. A news report after the hearing noted: "Defense attorney Stephen Becker said that during the hearing, witnesses testified that Demspey and his accuser were playing and laughing before and after they entered his room." The Criminal Charges Are Dropped This morning, it was reported that the criminal charges against Mr. Dempsey were being dropped. The evidence isn't strong enough to proceed. So how do you think the sexual grievance industry reacts? The legal director for the Pennsylvania Coalition Against Rape said college hearing boards "don't have the proper skills to handle such delicate matters." That's right. "Why not leave this serious issue to the criminal courts? It really is important to give the district attorney all the possible leeway and evidence and ability to conduct interviews. This is what he's trained in." Conclusion Heaven forbid we should allow a university to proceed with a hearing that the accuser initiated if it might shed light on what really happened in a murky, "he said/she said" scenario. Does anyone else find that attitude repulsive, morally grotesque, and thoroughly unjust? The fact that such arguments are posited with a straight face, and that a federal court must spend several pages rejecting them, is frightening. How does that give the presumptively innocent young man an unfair advantage? I must note in passing that the reaction of the sexual grievance industry is startling. Deprive the kangaroo courts that masquerade as college disciplinary hearing boards the right to adjudicate sexual assault complaints? Do my eyes deceive me? Of course, this statement is posited only after a case where a young man was cleared of sexual assault charges. I can't recall hearing any such concerns from the sexual grievance industry when young men accused of sexual assault are routinely deprived of what we normally consider due process protections in college hearings. Sources: -Stefanowicz v. Bucknell Univ., 2010 U.S. Dist. LEXIS 106333 (M.D. Pa. filed Oct. 5, 2010) -http://dailyitem.com/0100_news/x1048514169/Sex-case-against-BU-student-dropped -http://dailyitem.com/0100_news/x996060269/School-acquits-man-of-assault -http://dailyitem.com/0100_news/x921677545/DA-BU-inquiry-impairs-criminal-hearing/print Posted by Archivist at Tuesday, November 02, 2010 |
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| abb | Nov 3 2010, 04:49 AM Post #5 |
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http://www.dukechronicle.com/article/crude-fraternity-e-mails-reignite-debate-gender-issues Crude fraternity e-mails reignite debate on gender issues Graphic Illustration by Melissa Yeo/ The Chronicle : By Ryan Brown [4] November 3, 2010 At 6:10 p.m. Saturday, an e-mail message landed in the inboxes of more than 300 Duke women inviting them to a fraternity’s Halloween party at an off-campus apartment. “Hey Ladies,” the message to the Sigma Nu fraternity social listserv began, “Whether your [sic] dressing up as a slutty nurse, a slutty doctor, a slutty schoolgirl, or just a total slut, we invite you to find shelter in the confines of Partners D.” According to several students interviewed for this story, on most nights that would have been the last anyone saw of the e-mail. The fraternity threw its party, students had a good time and everyone went home and fell asleep. But when the sun rose the next morning, West Campus was plastered in bright yellow flyers printed with the full text of Sigma Nu’s invitation, as well as a similar e-mail sent by the unrecognized, off-campus fraternity Alpha Delta Phi. Someone had scrawled a handwritten message across the bottom of each sheet of paper before making copies: “If you’re not outraged, you’re not paying attention” and,“Is this why you came to Duke?” The physical flyers soon disappeared, but scanned copies quickly circulated. Many students noted that the e-mails are intended to be humorous. But just a month after a sexually explicit PowerPoint made by Karen Owen, Trinity ’10, became a viral internet sensation, Duke received another reminder of what can happen when a message sent via the Internet slips out of the control of its sender. And just three weeks after a Yale fraternity faced national scrutiny for a video of its pledges chanting, “No means yes, yes means anal,” the messages raised questions about gender and social culture on Duke’s campus. “This e-mail was an isolated event,” said Sigma Nu President Sam Zakria, a junior. “It was a single individual who wrote it and it was a serious lapse in judgment on his part, but it is not representative of the views of our organization as a whole.” He added that he has since sent apology e-mails to recipients and the wider greek community, and that disciplinary action is being taken against the author of the e-mail, both within the fraternity and through the Interfraternity Council. Representatives from the Sigma Nu national chapter and the Office of Fraternity and Sorority Life said no actions will be taken against the fraternity as a whole at this time. Alpha Delta Phi President Tim Shaughnessy, a senior, Social Chair Will Geary, a junior, and the national chapter of the fraternity declined to comment on their organization’s e-mail, which joked, “Fear is riding the C1 with Helen Keller at the helm (not because shes [sic] deaf and blind, but because she is a woman).” “To push the limits” The e-mails stunned many on campus. “I can’t even describe how angry I was when I read them,” senior Jessica MacFarlane said. “I thought they were incredibly degrading.” MacFarlane said a friend forwarded her scanned copies of the e-mails Sunday afternoon, which she passed along to friends and members of the administration. Clarybel Peguero, assistant dean of fraternity and sorority life, received copies of the e-mails Sunday, as did Dean of Students Sue Wasiolek. “I found them deplorable,” Wasiolek said. For many in the greek community, however, the only surprise was that the messages surprised anyone at all. “Honestly, when I first received those e-mails [Saturday night] I didn’t think anything of it,” said senior Emily Fausch, secretary of Delta Delta Delta sorority. “This is the kind of thing I’ve come to expect from fraternities. In my heart, I know it’s a problem but I’ve really gotten used to it.” Junior Isaac Mizrahi, who recently co-hosted a forum on gender and greek life and asked not be identified with his fraternity in this article, said the e-mails are products of an arms race among fraternities who use crude humor to catch the attention of their social circles. “They want to send the funniest e-mails so they can have the best parties so they can get the quote unquote best girls so they can get the quote unquote best pledge class,” he said. “That competitiveness drives people to push the limits.” These e-mails do not come only from the fraternities implicated in this weekend’s flyer campaign. Approximately 20 e-mails obtained by The Chronicle reveal party invitations of similar tone and content sent by several other Duke fraternities in the last year. Pi Kappa Alpha fraternity used their organization’s social listserv Jan. 16 to invite a group of Duke women to a party titled “Culture Shock.” “Thinking we should make that fence down south a little taller?” the message asked. “Pissed about a certain group of easterners f—ing up the curve in Econ 51?... Well it’s time to get over your fears and join the brothers of Pi Kappa Alpha for a truly unique tour of the world.” “Sup BabyGurlz,” opened an e-mail from the Kappa Alpha Order March 17. “Do you want to get your eagle on Saturday March 27th? Do your loins pulsate and throb at the very mention of KA?... Does the idea of a day with the Order make you throw up a little bit in your mouth? If all of the above is not enough, we propose a contest. First to the ER WINS.” Boys will be boys? Although Pi Kappa Alpha eventually issued an apology to its invitees, many other crude fraternity party invitations fly under the radar, said Alice, a sorority member who requested anonymity because she feared losing friends in the greek community. She added that women often shrug off these messages because the men who send them are their friends, and the jokes do not generally reflect how they interact with their female friends face-to-face. “I don’t take it too seriously,” she said. “I think that college boys will be college boys.” But separating the men from their message allows fraternities to get away with expressing distasteful sentiments without any fear of repercussions, said Pi Beta Phi sorority President Rose Filler, a senior. To the contrary, she said she has known greek women who were dis-invited to parties or shunned by close male friends after expressing anger over the way fraternity party invitations addressed women. For Panhellenic Association President Bogna Brzezinska, a senior, the fact that women receive these e-mails but do not often complain is a major problem. “Women get invitations that call them sluts and hos... and they still go to the parties,” she said. To respond to issues of gender disparity, Panhel is working with the newly-formed Greek Women’s Initiative, which aims to create a space for dialogue about gender and includes representatives from all four fraternity and sorority governing councils. As Filler and several others noted, gender issues on campus and the people who care about them are not limited to the greek community. One of the students who posted the flyers, who spoke under the condition of anonymity, said their effort was not on behalf of any specific campus organization. “If we remain anonymous, it could be any Duke student,” the individual said. “And with the power of that realization—that it’s many of us who are upset, and not just some of us—well, that’s a pretty powerful realization.” |
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| abb | Nov 3 2010, 04:57 AM Post #6 |
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http://www.newsobserver.com/2010/11/03/777368/a-missed-chance.html Published Wed, Nov 03, 2010 02:00 AM Modified Wed, Nov 03, 2010 05:32 AM A missed chance After the resignation this past summer of her long-time friend and hand-picked State Highway Patrol commander, Col. Randy Glover, Gov. Beverly Perdue vowed to straighten out an organization troubled by entirely too many problems with misconduct of various kinds. Embarrassments in the Patrol ranged from multiple instances of sexual misbehavior to one trooper who got angry with a neighbor's cat and shot it. The problems finally reached the point a few months ago, while Glover was still in charge, where Perdue had to step out and promise change in the Patrol's disintegrating image. Toward that end she formed a special committee to look at the problems and make recommendations. Glover in the meantime had to resign after a news conference during which he blamed the agency's problems on an unfriendly press, causing a governor's aide to stop the questions and answers by putting her hand over the microphone. It was not a good day for the governor. Or for the Patrol. Alas, the committee, though it contained some accomplished and smart people, didn't come up with much that would foster significant change in an organization that needs it. And members failed to recommend something that would really help the Patrol, which is new leadership from the outside. Legislators passed a law in the early 1970s requiring that Patrol commanders come from within the ranks, thus limiting the choices of governors and, not coincidentally for a Democratic legislature, the choices of then-Gov. Jim Holshouser, a Republican. The law, in other words, had the strong taint of partisanship on it. Holshouser, though a smart, soft-spoken leader, had stirred the anger of Democrats by becoming the first Republican chief executive in the 20th century. Perdue should have waited to replace Glover until after the General Assembly returned to Raleigh early next year. She should have asked for an urgent change in that from-the-ranks-only law, after which she should have carefully considered going a different direction on leadership. Instead, late last week she announced that Glover's second-in-command, Lt. Col. Michael W. Gilchrist, a 24-year veteran who has been running things, would be the commander. It would have been prudent to wait, while letting Gilchrist remain in day-to-day charge. He still could have been considered once the law had been changed, although given the fact that he was part of Glover's leadership team, his potential promotion would have called for close scrutiny. In other words, Gilchrist may be a fine Patrol executive, and the fact that he was Glover's chief subordinate shouldn't have meant disqualification from the top job, just as all the Patrol's problems weren't Glover's fault. The public should wish Gilchrist well as he takes charge of an organization that is the steward of safety on this state's highways. But this was a time and opportunity for the governor to make a dramatic move with the Patrol, and to signal to all its members that serious change was coming, in order to underline that Patrol members are expected to meet high standards of personal and professional behavior (as most already do). The question remains: Will the governor ask the legislature to change the law? She still should. |
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| abb | Nov 3 2010, 03:46 PM Post #7 |
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http://www.newsobserver.com/2010/11/03/777210/familiar-faces-among-judge-candidates.html Published Wed, Nov 03, 2010 06:19 AM Modified Wed, Nov 03, 2010 09:06 AM Walker leads Black; Evans ahead of Aus DURHAM Voters picked local judges in Tuesday's election, three for Superior Court and two for District Court. Four other District Court seats were on the ballot, but the incumbents in those seats ran unopposed. Election returns were incomplete, but among the contested District Court races: Pat Evans was leading Brian Aus; and Doretta Walker had a narrow leadover Freda Black. A former assistant district attorney, Freda Black has twice been unsuccessful in bids to become the Durham district attorney. She and Walker were battling for the seat being vacated by retiring Judge Ann McCown. Voters were asked to pick three Superior Court judges from a field of six. Incomplete returns showed Elaine Bushfan, Jim Hardin and Mike O'Foghludha solidly in the lead. Former Durham District Attorney Jim Hardin, who was appointed to the bench in 2005, was the only incumbent. Candidate Elaine Bushfan served 15 years on the District Court bench. |
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