| Blog and Media Roundup - Monday, April 11, 2011; News Roundup | |
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| Tweet Topic Started: Apr 11 2011, 04:54 AM (681 Views) | |
| abb | Apr 11 2011, 04:54 AM Post #1 |
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http://www.heraldsun.com/view/full_story_news_durham/12737468/article-Chief-magistrate-steps-down?instance=main_article Chief magistrate steps down 04.10.11 - 10:57 pm 5203_14869648_4magistrate.JPG By John McCann jmccann@heraldsun.com; 419-6601 DURHAM -- Following the move by the county's chief magistrate to step down April 1, changes are in the works for the office. Elaine Evans voluntarily gave up her role as Durham's chief magistrate during a meeting of judicial officials, said Durham County Magistrate Steven Storch, who was at the meeting. Evans remains a Durham magistrate. In 2007, she was appointed chief magistrate, replacing the only person to hold that job here -- Chet Dobies, who died in June 2007. Durham County Senior Resident Superior Court Judge Orlando Hudson said some of the discussion during the meeting had to do with the magistrates' policy for setting bonds. Hudson said that working outside of a consistent policy puts magistrates in the position of having to justify their decisions about the proper amount of bond or bail for a particular person or crime. "We've had some strife down there among the magistrates," Hudson said about the 15 men and women serving in those judicial roles. "That's a lot of people. "You have personalities," Hudson said. The interest in outlining and enforcing policies is new, but the inconsistencies that sparked it are not. "There have always been issues," said Durham County Chief District Court Judge Marcia Morey. But the changes in the magistrates' office offer a fresh start, Morey said. Among the changes is the new "Durham County Criminal Magistrates' Professional Standards Manual." "This is our first manual," Durham County Trial Court Administrator Kathy Shuart said. "It is a big deal," according to Hudson, who said he, Morey and Dona Lewandowski, who lectures on public law and government in UNC's School of Government, put together the manual to give magistrates a framework for how they should go about their duties. "It gives them some direction about things they can do, things they can't do," Hudson said. "It provides a template, or starting point, for other counties that may want to follow Durham's lead," Lewandowski said. Judge John Smith, director of the N.C. Administrative Office of the Courts, wanted to know if such manuals existed elsewhere in the state, Shuart said. Lewandowski was unaware of other North Carolina counties with such a manual for magistrates. "Apparently, he has received some inquiries from legislators about professionalism training for magistrates," Shuart said. Magistrates are the first court officials to see suspects after they have been arrested. Lewandowski explained, "Magistrates deal with many people in crisis -- people who are extremely upset, afraid, angry and apprehensive, and quite often chemically impaired. At this first stage of the process, the workflow is unscheduled and unregulated: The magistrate must deal with any and all who walk through the door. The nature of this 'front-line' work -- which is often loud, messy and chaotic -- can sometimes obscure the fact that the magistrate is functioning as an independent judicial official. The professional standards manual is significant in that it directly addresses what professionalism 'looks like' in this unique environment." Magistrates are nominated by Durham County Clerk of Superior Court Archie Smith. Hudson does the hiring and decides whether magistrates are reappointed. Morey supervises the county's 15 magistrates, who as gatekeepers of the judicial system are responsible for setting bond for people brought to jail, among other duties. Durham's chief magistrates have been serving for unspecified amounts of time, but Morey, sworn in this year as chief District Court judge, decided to put term limits on the position. Chief magistrates now will serve two-year rotations. Morey made the decision after consulting with Smith and Hudson, Shuart said. The chief magistrate gets no extra pay for the added responsibilities of coordinating magistrates' work schedules, handling questions and complaints about the office and functioning as the office's spokesperson. Salaries for full-time magistrates in North Carolina range from $32,633 to $55,238. Hudson at the magistrates' meeting presented Evans with a plaque as those gathered celebrated her years of service and leadership as chief magistrate, Shuart said. Magistrate Don Paschall is the new chief magistrate, Morey announced at the meeting. Paschall starts his new job April 15, Shuart said. |
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| abb | Apr 11 2011, 05:25 AM Post #2 |
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http://www.dukechronicle.com/article/former-dupd-staffer-charged-burglaries Former DUPD staffer charged in burglaries By Chronicle Staff April 11, 2011 A former security expert of the Duke University Police Department has been charged with breaking into a series of medical offices in the Triangle. Shawn Michael Flaugher, 36, of Benson, was arrested Thursday by Cary Police on 29 counts of felonious breaking and entering, The (Raleigh) News and Observer reported. As of Saturday, he was being held at the Wake County jail under a $600,000 bond. The string of burglaries in Cary occurred between July 2010 and February, Lt. Steve Fonke of the Cary Police Department told NBC17 news. The robber was able to disable some alarm systems and security cameras and pop off locks to exterior doors. The suspect primarily stole cash and medical drugs from the offices, Fonke said. Flaugher also faces several charges in Durham and Clayton connected to medical facility break-ins. DUPD also charged Flaugher Wednesday with three counts each of breaking and entering into Duke medical facilities, larceny after breaking and entering and safe-cracking, five counts of property damage, one count each of drug possession and possession of drug paraphernalia and 15 counts of third-degree sexual exploitation of a minor, according to WRAL. The sexual exploitation charges were added after investigators discovered files on Flaugher’s computer depicting children engaged in sexual acts, investigators told ABC News. Flaugher’s alleged crimes include stealing from the Duke Child and Family Study Center, cutting security alarm wires at the Duke Primary Care Clinic and cracking a safe at the Duke Pain Clinic, ABC News reported. Flaugher allegedly took about $13,000 worth of medicines and related supplies from these facilities alone. Clayton police have charged Flaugher with four felony counts connected to burglaries in Clayton committed in August, according to the News and Observer. Flaugher acted as a manager of security systems for Duke police. He began working as a civilian employee for DUPD in 2003 and left in March. It remains unclear if Flaugher voluntarily left or was fired, as the University does not comment on personnel matters. Before coming to Duke, Flaugher operated security systems for the U.S. military and private corporations. He was previously a member of the 82nd Airborne Division at Fort Bragg and also worked at security companies including Pinkerton and Securitas. |
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| abb | Apr 11 2011, 05:27 AM Post #3 |
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http://www.dukechronicle.com/article/duke-falls-again-non-conference-opponent Duke falls again to non-conference opponent In Bethpage, team can’t top Denver Special to The Chronicle By Sports Staff April 11, 2011 In Bethpage, team can’t top Denver Playing at a neutral site for the second week in a row, Duke came away with a similar unfavorable result as the team fell to Denver in Bethpage, N.Y. Saturday, 12-9. In a game filled with lead changes, No. 4 Duke (8-4) failed to capitalize on its shot and faceoff advantage. Despite putting eight more shots on cage, the Blue Devils could not keep pace with the No. 10 Pioneers’ (8-2) ability to find the back of the net—especially late in the match. Opening the first quarter, Duke notched a quick score on the stick of senior and New York native Terrence Molinari. Later in the quarter, after the Pioneers tied the score at one apiece, the Blue Devils went on a two-goal streak to take their biggest lead of the day at 3-1. But the two-goal advantage would be short lived, as a mere eight seconds later Denver answered to end the period at 3-2. In the second quarter, Pioneers’ sophomore midfielder Eric Law quickly stifled any of Duke’s remaining momentum. Scoring back-to-back goals, Law gave Denver its first lead of the match. Although the Blue Devils recovered with back-to-back goals of their own courtesy of junior Robert Rotanz, both teams went into halftime tied at five. While the momentum may not have been squarely against Duke going into the third period, Pioneers’ senior Todd Baxter made sure to change that. Picking up where Law left off, Baxter netted three goals during a seven-minute stretch to open the third quarter. Denver would never relent the lead, finishing the third quarter up 10-8. In the fourth, the strong defense of the Pioneers began to clamp down on the Blue Devil attack. Despite a quarter in which Duke won the faceoff, shot and groundball battles, Denver goalkeeper Jamie Faus made an impressive seven saves to keep the Blue Devil charge at bay. And while Duke had more shots on goal in the fourth than any of the previous quarters, it had the least to show for it, with just one score in the frame. Looking back on the match, the Blue Devils failed in many respects to capitalize on their key advantages. They won the turnover battle 15-10 and narrowly edged out more faceoffs, 13-12. They won they shots battle 42-34 and even had a higher percentage of clears at 15 of 16 to a mere 16 of 21 for Denver. Yet the difference on the day down came to finishing. Although the Pioneers played a great game in many respects, the Blue Devils couldn’t take advantage of several opportunities to put more points on the board. Duke will look to stop the bleeding this week with two matches back in the friendly confines of Koskinen Stadium. The team plays Presbyterian on Monday, then the ninth-ranked Cavaliers on Saturday. |
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| abb | Apr 11 2011, 05:30 AM Post #4 |
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http://www.dukechronicle.com/article/pull-cord-ask-us-first Pull the cord, but ask us first By Editorial Board [3] April 11, 2011 Last Wednesday Associate Dean for Residence Life Joe Gonzalez made a surprise announcement: At the end of this academic year, students will no longer be able to subscribe to cable in their dorm rooms. Gonzalez cited the combination of rising maintenance costs for the campus’ cable infrastructure and increasingly sluggish student demand as justifications for the change. High infrastructure costs cannot be justified by declining demand. This change is a justifiable spending cut in a still uncertain financial climate. But cutting cable access will further residential inequities on Central Campus—an unacceptable result from a decision made behind closed doors and without noticeable student input. This decision disproportionately affects students on Central Campus. One of the decided advantages to apartment-style housing is an increased sense of autonomy—something that the ability to watch cable in your residence plays no small part in creating. And, because Central has few common spaces available to independents, the change means a complete blackout of many live television options for independents on Central. On the eve of the new house model’s implementation, the administration has eliminated a substantial amenity on Central. Unless it is resolved, this change could easily play into the long-standing bias against living on Central Campus—an issue the University has fought to counteract with recent construction projects and with the house model’s “fit principle.” The administration can avoid backward momentum on this project by establishing access to satellite TV or cable through private companies on Central. These solutions, along with other innovative methods like subsided Netflix subscriptions, should be vigorously pursued to mitigate residential inequity. While we look forward to novel solutions for cable access on Central Campus, we are concerned with the decision-making process that preceded this announcement. Simply put, there is a big gap between citing statistics on campus cable use and eliminating cable access altogether. The administration made limited use of student input in judging the potential impact this policy will have on student life. This sets a dangerous precedent for the removal of student services without clear communication and proper cooperation with the student body. This decision was made public significantly late in the Spring semester—well after the housing lottery was held and selections had been finalized. The effects of this announcement may have been significant enough to influence student housing decisions. By making this announcement at the 11th hour, the administration has prevented students from making fully informed choices. Finally, the lack of clear communication makes the financial justifications behind this decision seem veiled and unsubstantiated. The basis of this very sudden cut was the vague figure “in the neighborhood of $1 million” Gonzalez claimed was necessary for systemic cable infrastructure upgrades. This hardly counts as sufficient justification for the student who won’t have cable next year. As the University’s financial situation continues to improve, it is important to look for cheaper, more feasible alternatives to providing multimedia access for students. While we understand the necessity of cable cuts, the creation of more residential inequities through opaque decision-making processes is unacceptable. Future cuts to student services must be more transparent and timely. |
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| abb | Apr 11 2011, 05:31 AM Post #5 |
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http://www.dukechronicle.com/node/155234/talk 3:32 AM April 11, 2011 DukeInvestigator As stated by a few Senators during Joe Gonzalez's presentation to the DSG Senate, there are several main concerns with this service: 1. This will inevitably cause students to resort to illegal P2P file-sharing networks, which not only use a massive amount of bandwidth, but also carries legal consequences for students and for the university. 2. How will Duke subsidize subscriptions to Netflix and Hulu? Where will this money come from? Would it not be less expensive to provide cable than to offer this service? For whom will it be subsidized and will this be considered on the Bursar's bill during the Financial Aid process? 3.) Sometimes common rooms are used for student organization meetings. This means that the television will often not be accessible. 4.) What about Central Campus? Most common rooms are only available for SLGS. This excludes a large portion of the student body. Duke Investigator plans to investigate the funding behind this subsidization project in the near future. 3:35 AM April 11, 2011 Fact Checker ✔ Fact Checker here. Good day. Chronicle, today you proclaim "This sets a dangerous precedent for the removal of student services without clear communication and proper cooperation with the student body." This action does not set a precedent at all. It merely continues the sad way the Brodhead Administration has dealt with students all along. Editors, don't you remember the "merger" of International House and the Multi-Cultural Center. Or the imposition of a dining fee. Or the closing of the student health pharmacy. Or the ending of coverage of STD testing by student insurance? Or telling students they have a role in designing the new K-4 dorm -- just 10 days before another administrator said the architect's work was almost done. How about planning, originally, construction from 7AM to 7PM seven days a week -- oblivious to the disruption to thousands of students in other dorms. And changing policies about having dorms accessible during university vacations and Commencement. Oh yes, the elimination of weekend housekeeping in the dorms, so puke from Friday night could mature until Monday morning. There was no input from students on any of those decisions. Here's a good one: no discussion with students on eliminating less popular classes as part of the budget crunch, and the surprising admission from Dean Lee Baker that Allen Building tried to keep this "under the radar." That only begins the student list. Perhaps the editors should also have noted that this past week, there was an editorial and a letter to the editor on how the Kunshan express has run right over faculty participation. Think back to Mr Brodhead's comments on the happy day in 2003 when he left Yale and became our President. Turning to his predecessor, Nan Keohane, he said, "Nan has shaped a university where the faculty trusts the administration (and even likes the president) and feels that we are all working toward common goals. I am lucky to inherit this achievement." Dick, you blew it. 3:43 AM April 11, 2011 Fact Checker Hey Duke Investigator. Good to see you!!!! The university needs more illumination. 3:56 AM April 11, 2011 The Heinous Ilk "Dick, you blew it." Spot on, FC. Totally unfair we would lose tv as an option. People will just flock to illegal online streams. I guess that's the message Duke is sending... |
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| abb | Apr 11 2011, 05:34 AM Post #6 |
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http://www.newsobserver.com/2011/04/11/1121781/nccu-may-force-519-out.html Published Mon, Apr 11, 2011 04:21 AM Modified Mon, Apr 11, 2011 04:54 AM NCCU may force our 519 students over poor grades BY ERIC FERRERI - Staff Writer DURHAM A new policy at N.C. Central University aimed at improving academic standards has put more than 500 students in danger of failing out of school. The policy, instituted just several months ago, requires students to have a cumulative GPA of at least 1.9 to enroll in fall classes, up from the previous minimum GPA of 1.7. As of last week, the fates of 519 students - 9 percent of the undergraduate class - were in question. "It certainly is a larger number than we would like," said Bernice Johnson, dean of NCCU's University College, which shepherds students through the first two years of college. The new policy is the latest in a series of methodical steps the university has put in place to raise academic standards and expectations on a campus that has long struggled to retain students and get them to graduation. It is being phased in over two years; by next fall, students will need a 2.0 to remain academically eligible. While more than 500 students are currently in danger of being suspended, some are in worse shape than others. Many have GPAs close to what they need and will likely reach that minimum with good grades this semester and a strong performance in summer courses. "Most of these students can be successful," Johnson said. "If they're close, one or two good classes will help." But those with a far steeper hill to climb will be encouraged to leave NCCU and get their grades up at a community college. If they can complete an associate's degree at a community college, they can apply to return to NCCU, Johnson said. "We tell them we want them to finish here, but they may need to take a different route," she said. "But we want to make sure those students don't get lost." Spurning mediocrity The emphasis on higher standards kicked in several years ago, coinciding with the arrival of Chancellor Charlie Nelms and a shift away from a previous UNC system enrollment model under which this small, historically black university grew 50 percent in five years. The academic infrastructure couldn't keep pace with that surge in enrollment, though, and too many students struggled to stay in school. Now, NCCU is lowering the size of its freshman class slightly this fall, preferring instead to bolster its undergraduate population by more heavily recruiting community college students. Those students tend to be older, more mature and academically seasoned - a better bet for a university trying to spend less money teaching first-year students and to increase its number of graduates. Earlier this year, the university announced a plan to improve the intellectual climate on campus. The plan, still in development, will likely include a series of campus lectures and other events of broad interest. The idea is to get students interested in important world issues and current events outside their chosen area of study. That's all fine with Dwayne Johnson, an NCCU senior and president of the student government association. He's tired of the low expectations many of his fellow students have long had for themselves. He believes they'll rise to meet higher standards as long as they understand what's expected of them. "The expectation in past years has been mediocrity," he said. "You could get over by being mediocre. Some students would disagree, but maintaining a 2.0 is not hard at all." A time of soul-searching Many of the students in the academic danger zone are freshmen and sophomores, a great deal of whom don't take academics as seriously as they should at first, said Bernice Johnson, the college dean. A key challenge, she said, is to make first-semester students prioritize academics, she said. "Some students think it's understood they won't do well the first year," she said. "Our whole focus is on expectations." Suspended students who want to return to NCCU face a hard slog. After getting their grades up elsewhere, they'll have to appeal for readmission in writing, provide references and persuade Johnson, the dean, that they deserve a second chance - in a one-on-one meeting. Often, these meetings offer soul-searching moments. For many students, getting kicked out of school is a shame that motivates. "I have to look into their eyes to make sure they're serious," she said. "They usually do some deep thinking. Often, the difference between when they leave and when they come back is night and day." eric.ferreri@newsobserver.com or 919-829-4563 |
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| abb | Apr 11 2011, 05:36 AM Post #7 |
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http://dwighttowers.wordpress.com/2011/04/11/media-feeding-frenzies-94-duke-university-lacrosse-case/ Media feeding frenzies #94: Duke University lacrosse case By dwighttowers Oh boy… Justice delayed Of course, Nifong had information and power the media did not. His failing in the case cannot be overstated, nor can it be equated to that of a throng of journalists and pundits, however odious some of their reporting and commentary. But the media deserve a public reckoning, too, a remonstrance for coverage that–albeit with admirable exceptions–all too eagerly embraced the inflammatory statements of a prosecutor in the midst of a tough election campaign. Fueled by Nifong, the media quickly latched onto a narrative too seductive to check: rich, wild, white jocks had brutalized a working class, black mother of two. “It was too delicious a story,” says Daniel Okrent, a former New York Times public editor, who is critical of the Times’ coverage and that of many other news organizations. “It conformed too well to too many preconceived notions of too many in the press: white over black, rich over poor, athletes over non-athletes, men over women, educated over non-educated. Wow. That’s a package of sins that really fit the preconceptions of a lot of us.” [emphasis added] The lessons of the media’s rush to judgment and their affair with a sensational, simplistic storyline rank among journalism’s most basic tenets: Be fair; stick to the facts; question authorities; don’t assume; pay attention to alternative explanations. “The outcome of this whole story is square pegs can’t be fit into round holes, and we saw the dangers of what happens when modern media attempts to do that,” says Duke senior Ryan McCartney, who for much of the saga was editor of the Chronicle, the independent student newspaper. “Hopefully this case will kind of go down in the books as a lesson to media organizations on all levels to…second-guess themselves any time they think a story is clear-cut.” |
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| abb | Apr 11 2011, 05:46 AM Post #8 |
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http://articles.baltimoresun.com/2011-04-11/news/bs-md-huguely-prelim-hearing-20110410_1_yeardley-love-lacrosse-player-sharon-love Judge to hear evidence in Yeardley Love murder case Defendant George Huguely will appear in Charlottesville court Love family proclaims 'faith in the justice system' April 11, 2011|By Nick Madigan, The Baltimore Sun Love family, Baltimore Sun After several postponements, George Huguely V, accused of killing his former girlfriend Yeardley Love almost a year ago, is to appear Monday before a Virginia judge for a preliminary hearing at which prosecutors are expected to lay out the case against him. Once the Charlottesville prosecutor presents the evidence against Huguely, the judge will decide whether the case is sufficient to bring to trial. Huguely, who was a University of Virginia varsity lacrosse player, is charged with first-degree murder, felony murder, breaking and entering, burglary, robbery and grand larceny. Love, a 22-year-old fellow lacrosse player, was found dead in her campus apartment May 3, 2010. She was to have graduated two weeks later. In anticipation of the hearing in Charlottesville General District Court, the victim's mother, Sharon Love, and sister, Lexie Love, released a statement to The Baltimore Sun saying they have "faith in the justice system and trust that the truth will prevail." Members of the Love family had previously expressed to friends their concern that Huguely's defense team was trying to besmirch the victim's memory and reputation. The attorneys alleged in December that the presence of Adderall — a medication that contains amphetamine — in Love's system made her vulnerable to a heart arrhythmia, a condition to which they ascribed her death. The pathologist who performed the autopsy said Love's brain had numerous contusions, and that he did not believe the amphetamine in her system — prescribed to help manage her attention-deficit hyperactivity disorder — was a contributing factor in her death. He concluded that the cause was blunt-force trauma. Love, a Baltimore native who was raised in Cockeysville and attended Notre Dame Preparatory School, was found in her bedroom in a pool of blood, one eye swollen shut and a large bruise on her face. Huguely, an anthropology major from Chevy Chase who also was 22 at the time, was arrested shortly afterward. A police affidavit said the couple had been in an "altercation" and that Huguely had shaken Love and banged her head repeatedly against a wall. A burly youth with a stellar history as a lacrosse player, Huguely was given a suspended 60-day jail sentence and a fine after he became belligerent toward a police officer in Lexington, Va., in November 2008. Three months later, Huguely attacked a college lacrosse teammate, according to UVa officials. "We miss Yeardley so very much and will work tirelessly to honor her legacy," the Love family's statement said. "It is truly devastating to wake up each day and realize she is no longer here. Her bright, bright future was stolen from us all. Yeardley's contagious smile, kind spirit and gentle touch have left this world but we know heaven now has an angel like no other." The two women said they would "never be able to sufficiently thank everyone for their outpouring of love, support and prayers" in the aftermath of the tragedy. They said friends and supporters "have given us the strength to continue and we are eternally grateful to each and every one of them." Sharon Love, a teacher and interpreter for the deaf in Baltimore public schools, was in Charlottesville on Sunday to prepare for the hearing. Friends said she intends to take a leave from her work to attend Huguely's trial. nick.madigan@baltsun.com |
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| abb | Apr 11 2011, 05:48 AM Post #9 |
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http://www.cavalierdaily.com/2011/04/06/facing-charges/ Facing charges A legal analysis of George Huguely’s case By Rodger Nayak, Associate Editor on April 6, 2011 George Huguely’s attorney, Francis Lawrence, above, read a statement to reporters shortly after Huguely’s arrest last May. A highly regarded figure in the legal community, Lawrence will be defending Huguely against charges which include first-degree murder and felony murder. Photo by Lisa Provence from The Hook In December, The Washington Examiner reported there was a “growing consensus” that prosecutors would offer George Huguely a plea deal, which presumably would allow Huguely, charged with first-degree murder stemming from the death of Yeardley Love, to plead guilty to a lesser charge in exchange for fewer years in prison. Although plea deals can come about even during a trial, such a deal has yet to settle the murder case which has drawn national attention to Charlottesville and the University. A judge will determine Monday whether prosecutors have enough evidence to proceed with charges against Huguely, who has remained in the Albemarle-Charlottesville Regional Jail for the past 11 months. Talk of a plea deal, though, did not surprise some legal experts, who said most criminal cases end with a defendant admitting wrongdoing. “It wouldn’t surprise me if they come to a plea,” said Anne Coughlin, a professor in the Law School who teaches criminal law and criminal procedure. “Each side is going to have to assess strengths and weaknesses of his case. And that’s particularly true for the defendant. If he and his counsel think the state are going to be able to prove that he caused the death beyond a reasonable doubt, he knows he’s in homicide territory somewhere. So he’s going to be quite worried about the outcome after a trial.” Coughlin stressed, however, that it is difficult to make predictions based on the information which has been released publicly so far. Huguely’s charges — including first-degree murder, felony murder, robbery, statutory burglary and grand larceny — suggest a wide range of possible outcomes for the former fourth-year College student and Virginia lacrosse player accused of committing one of the most sensational crimes in University history. Premeditation If Huguely’s case reaches trial, lawyers on both sides will debate a number of different aspects of the case, but foremost among those will be Huguely’s state of mind the night he entered Love’s apartment May 3 last year. After his arrest, Huguely, who formerly dated Love, told investigators he kicked open the door to her room and “shook” Love, allowing her head to “repeatedly hit the wall,” according to an affidavit. Huguely’s state of mind is central to determining the sentence he will receive because first-degree murder, which carries a maximum sentence of life in prison, requires prosecutors to prove he willfully and deliberately murdered Love. “Often times, the prosecution has a problem showing deliberation and premeditation in a crime involving acquaintances or where there might be alcohol involved,” said David Bruck, a law professor at Washington & Lee University. Should the jury determine that Huguely did not show premeditation prior to entering Love’s apartment, he could be convicted of second-degree murder, which carries a maximum sentence of 40 years, or manslaughter, which carries a maximum sentence of 10 years. He also could be acquitted. But one crime for which Huguely will not be sentenced is capital murder, which requires one of 12 aggravating factors, none of which prosecutors believe he committed in this case. Huguely told police he and Love had exchanged emails prior to her death. They may contain some indication of Huguely’s state of mind when he entered her apartment, but the contents of those emails have not been released publicly. Until January, Huguely had remained in custody on first-degree murder charges alone. But Jan. 7, prosecutors filed felony murder charges as well, which suggests the prosecution may not have the evidence to prove premeditation as a factor in determining whether Huguely committed a homicide. “We find it significant that the new charges acknowledge no premeditation,” Huguely’s defense attorney Fran Lawrence said in a statement after the new charges were released. He and Commonwealth’s Attorney Dave Chapman have declined to comment for this article. These new charges, however, may also present new complications for the defense, as it prepares a case it hopes will persuade a jury of Charlottesville citizens that Huguely should not spend the rest of his life behind bars. David Heilberg, a defense attorney in Charlottesville who has practiced law for 31 years, said juries in the area tend to be “less conservative” than those in other parts of the state, which are notorious for handing down harsh sentences. But he stressed that there is nothing certain about how a jury will decide a case. “The only thing predictable about a jury is its unpredictability,” he said. Felony murder Because of the difficulties in proving premeditation, prosecutors often turn to felony murder as a way to obtain a murder conviction. To convict for felony murder, the prosecutor has to show that Huguely committed a felony — such as robbery, which Huguely is alleged to have committed — then must show that he was responsible for Love’s death. Felony murder is considered second-degree murder and carries a maximum sentence of 40 years in prison, according to the Virginia Code. “Once the prosecution proves the underlying felony, and that he caused the death in the course of committing it, they get him for murder — felony murder — without regard to his mental state with respect to the murder,” Coughlin said. Prosecutors from all jurisdictions in Virginia file this charge against a wide range of defendants. Last month, a woman in Woodbridge was indicted on felony murder charges after investigators alleged that she illegally obtained an anti-depressant then dispensed it to her 82-year-old father, causing an overdose which killed him. Felony murder charges, Heilberg said, can be pressed even against an accomplice of a crime, such as the driver of a getaway vehicle for a murderer. Coughlin said a man who robs a convenience store also could be charged with felony murder if the clerk dies of a heart attack during the course of the robbery. “When we usually think about murder, we think about premeditation, deliberation, malice, forethought, someone who is evil and corrupt and who is planning the death of their victims,” she said. “Here, if you commit the underlying felony and accidently cause the death, boom, murder.” ‘The usual suspects’ The man defending Hugely, Lawrence, is a defense attorney widely known as one of the most skilled litigators in the region. Heilberg, who said he often works with Lawrence, called him an “excellent” attorney. Coughlin, who also said she knew Lawrence, predicted he and his partners would make the prosecutor’s job difficult if the case proceeds through trial. “It’s not just that they’re not sloppy; they’re excellent,” she said. “They’re going to question every single piece of evidence; they’re not going to concede anything. And so the prosecutor has that in mind as well and knows that a trial against these guys is not going to be a cakewalk. It’s going to be a tough battle, even if he has a really good case.” Lawrence and his firm, St. John, Bowling, Lawrence & Quagliana, LLP, have worked on high-profile criminal trials in Charlottesville, and often have served as the attorneys of choice for defendants charged of a wide range of crimes. Heilberg said Lawrence falls into a group he and other defense attorneys in the area call “the usual suspects,” a group of lawyers defendants often turn to when charged with a serious crime. “There is a group — I won’t say of us — but there is a group of attorneys … we call them the usual suspects,” Heilberg said. “Fran is very strongly among the usual suspects, including some other very good attorneys.” One highly publicized case Lawrence has worked on involved a husband and wife who were arrested in 2002 after hosting a party at which they provided alcohol for their teenage son and his friends. A Juvenile and Domestic Relations Court judge handed down an unusually harsh sentence — eight years — which was later reduced on appeal to 27 months. The husband and wife had since separated, and Lawrence represented the wife during the appeals process. “All the usual suspects were involved with that one,” said Heilberg, who represented a part of the father’s appeal during the case. “That was a tough case because the judge went a little crazy in the juvenile court, and he had to appeal and even then it was a pretty stiff sentence. There’s a good example of when something like that happens, those are the kinds of attorneys that tend to show up.” Work on high-profile cases, though, is not the only way for a lawyer to advance his or her reputation, Heilberg said. Performing good work on all cases, he said, is what makes Lawrence a great attorney. “It’s not the big, famous cases that build your reputation,” Heilberg said. “It’s the overall body of work.” Impact of the media Love’s death made national headlines last May, as reporters from all the major outlets arrived in Charlottesville to relay details of a crime that few could comprehend. The unusual attention Huguely’s case has received may complicate matters for Chapman, legal experts said, particularly when it comes to whether or not he decides to offer Huguely a plea bargain. Under the terms of a plea bargain, the prosecution may allow the defendant to plead guilty to a lesser sentence, and in doing so forego the cost and uncertainty of a jury trial. But plea bargains are somewhat less common in murder cases, because the community may demand justice for the victim, and a lesser sentence might not be satisfactory. “The prosecutor is forced to think about a whole range of difficult questions because justice isn’t a simple matter here,” Coughlin said. The prosecutor in this case also must face pressure from the national media, which has continued to follow the case 11 months after Huguely’s arrest. Chapman told C-Ville Weekly in 2007 that he prefers to stay out of the media so juries have a more fair chance to try cases. “Many times a prosecutor’s office is not doing its job well when it’s especially visible,” he said. If Chapman were to offer Huguely a plea, Huguely would have to decide if accepting such a deal is in his best interest. “Most defendants don’t want to fess up and go to jail,” Coughlin said. “Other defendants think, ‘I did this, you caught me, I gotta do my time, let’s just get started.’” Still, predicting a final outcome before the case reaches trial, or predicting when or if a plea bargain ultimately will settle the case is a fool’s errand, Coughlin said. “The one variable you and I don’t know,” Coughlin said, “are the facts in this case.” Edited by abb, Apr 11 2011, 06:41 AM.
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| abb | Apr 11 2011, 06:40 AM Post #10 |
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http://www.ghosting-graphics.co.cc/blue-devils-host-presbyterian-on-monday.html Blue Devils Host Presbyterian on Monday Posted on April 11, 2011 by admin DURHAM, N.C.-Coming off of a two-game highway swing, a Duke University men’s lacrosse group hosts Presbyterian on Monday, Apr 11 during Koskinen Stadium. The Blue Devils and Blue Hose face off during 7 p.m. in a initial of dual final unchanging deteriorate home games for Duke. Fans can follow a movement by live stats giveaway of assign or by apropos a member of Duke’s Inside Access. A live blog also will be accessible on GoDuke.com. Duke and Presbyterian are assembly for a third time given a initial assembly in 2008. The Blue Devils won both prior contests, including final year’s 19-8 victory. The Blue Devils (8-4) are entrance off of a 12-9 reversal to 10th-ranked Denver during a Battle during Bethpage over a weekend. Duke, that mislaid to top-ranked Syracuse on Apr 3, has mislaid uninterrupted games for only a third time given 2004. Senior Zach Howell paces a offense with 30 goals and 11 assists for 41 points. He has purebred during slightest one idea in his past 20 outings. Freshman Jordan Wolf is second with 32 points from 20 goals and 12 assists, while rookie Christian Walsh has 14 goals for a year. Junior CJ Costabile handles a infancy of faceoff duties for a Blue Devils, winning 55 percent (71-of-129) restarts. Costabile is tops on a patrol in belligerent balls with 67. Seniors Tom Montelli and Terrence Molinari have 29 and 28 belligerent balls, respectively, while Montelli anchors a invulnerability with 15 caused turnovers. In goal, sophomore Dan Wigrizer is 7-4 altogether with a 9.52 goals opposite normal and a .542 save percentage. He is averaging 10 saves per diversion in his 11 outings. Presbyterian comes to Durham after posting a 14-11 feat over Mercer on Apr 10. The Blue Hose are 2-7 altogether with a other win entrance opposite Manhattan. Tyler Melnyk headlines a conflict with 28 points from 19 goals and 9 assists. Andrew Athens has 11 goals and 7 assists for 18 points and Patrick Foy rounds out a double number scorers with 13 points overall. A contingent of players shares a faceoff duties for a Blue Hose. Ben Sims has taken a infancy of faceoffs, winning 16-of-93 restarts. Derek Malone owns a best win commission during a X, winning 28-of-51. Malone also has 30 belligerent balls to lead all margin players. Jon Athens leads a invulnerability in idea with a .533 save commission and a team-best 49 belligerent balls. He has played all though 33 mins of movement this season. Duke closes out the ACC report on Apr 16, hosting opposition Virginia during Koskinen Stadium. The Blue Devils and Cavaliers block off during 12 p.m. on ESPNU. |
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| MikeKell | Apr 11 2011, 09:37 AM Post #11 |
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Still a Newbie
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is this english?? |
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| Kerri P. | Apr 11 2011, 04:15 PM Post #12 |
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http://www.wral.com/news/local/story/9422027/ Bond lowered for Durham officer on kidnapping, sex assault charges Posted: 3:06 p.m. today Updated: A minute ago Durham, N.C. — A judge on Monday reduced the bond for a Durham Police Department supervisor charged with kidnapping and sexually assaulting a man a week ago. Sgt. Lester Rhodes, 42, was arrested Friday afternoon after an internal investigation into a complaint lodged on April 3. According to an arrest warrant, Rhodes was on duty when he kidnapped a Hispanic man and sexually assaulted him. A magistrate initially set a $1.2 million bond on the charges of first-degree sexual offense and first-degree kidnapping. A District Court judge lowered the bond to $400,000 on Monday. snip... ADDED: It seems like $400,000 is a favorite amount with the Durham judges. Edited by Kerri P., Apr 11 2011, 04:15 PM.
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| Kerri P. | Apr 11 2011, 05:02 PM Post #13 |
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http://www.wral.com/news/state/story/9420913/ NC considering paying students for good grades Posted: 1:17 p.m. today Updated: 3:54 p.m. today RALEIGH, N.C. — Nine-year-old Samantha Hubbard's eyes popped open for an instant as the thought flashed through her mind. Would she study harder if North Carolina offered to pay her $1,000 a year from kindergarten through high-school graduation if she came to class, behaved, and earned good grades? It's a reach beyond rewards like gold stars and pizza parties. But dangling cash rewards could be the cheapest and most effective motivator to raise test scores and lower dropout rates, said Sen. Fletcher Hartsell, R-Cabarrus, who is proposing the idea in legislation awaiting a committee hearing. If the money is paid to parents, that could get them more involved in helping their children succeed, he said. "I think it's good. I think you should give the money to kids," said Samantha, the mention of a new bicycle in her ears. Her parents weren't impressed. "I think it's a bad idea. Even if the money went to me. I think that's a worse idea, for it to go to the parents. I think if you're going to do it it's going to have to go to the kids when they graduate," said Vanessa Hubbard, who with her husband David chaperoned their daughter's Archdale Elementary School class on a visit to the state museums in Raleigh. "No, our tax money shouldn't pay to motivate them as a parent." snip..... |
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| Kerri P. | Apr 11 2011, 07:36 PM Post #14 |
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http://www.wral.com/news/education/story/9421723/ Higher standard at NCCU could force many out Posted: 2:40 p.m. today Updated: 2:48 p.m. today Durham, N.C. — Hundreds of North Carolina Central University students could be blocked from enrolling next fall because of low grades. The university implemented a policy in December to encourage students to maintain the 2.0 grade-point average needed to graduate. Students who fall below a 1.9 average won't be able to enroll for the fall semester, and no student will be allowed to enroll in fall 2012 without a 2.0 average. N.C. Central spokeswoman Cynthia Fobert said 519 of the more than 6,400 undergraduates at the school have averages below 1.9, but she said officials expect many of them to work during the current semester and during summer session to raise their average to the required level. |
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| Quasimodo | Apr 11 2011, 08:42 PM Post #15 |
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3:29 AM Jul 11