Tuesday, November 24, 2009

Almanacs “Dramatic final arguments in Alvarez trial - The Almanac Online” plus 4 more

Almanacs “Dramatic final arguments in Alvarez trial - The Almanac Online” plus 4 more

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Dramatic final arguments in Alvarez trial - The Almanac Online

Posted: 24 Nov 2009 04:59 AM PST

The death of East Palo Alto Police Officer Richard May comes down to bad choices made by both the officer and defendant Alberto Alvarez, attorneys for both sides claimed during final arguments Monday in San Mateo County Superior Court.

The summations were the latest in a long and emotional courtroom drama that put the slain officer's actions on trial along with his admitted killer.

Alvarez, 26, of Redwood City, has not denied shooting the officer four times on Jan. 7, 2006 in East Palo Alto. But he maintains he did so in self-defense after the officer shot him in the thigh as he attempted to run away during a foot chase. Alvarez testified in his own defense that he feared the officer would kill him.

Much of the trial, which involved 170 exhibits and 67 witnesses, revolved around whether May used excessive force in violation of departmental policy and city ordinances. He struck Alvarez twice with a metal baton as the defendant attempted to flee during a foot pursuit.

Defense attorneys said May did not have probable cause to stop Alvarez, who was the victim of a battery in a nearby taqueria. An expert witness testified Alvarez did not adequately fit the description of the perpetrator when he left and ran across University Avenue.

But prosecutors maintain there was justification for stopping Alvarez, and May's shooting confirms just cause.

Alvarez returned to shoot May twice after initial rounds of bullets knocked the officer down, according to the prosecution.

The defense maintains the first shot incapacitated the officer and was to his face, causing death within minutes. The second set of shots were to the officer's bulletproof vest and were not lethal, they said, hence, there was no "execution" as alleged by the prosecution.

But Alvarez's state of mind -- to kill the officer in order to avoid returning to prison for being a felon in possession of a gun -- point to motive for returning to execute the downed officer with a second set of shots, Senior Deputy District Attorney Steve Wagstaffe said.

"He follows it up with the execution. By anybody's definition of the facts, regardless of what order the shots came in, his state of mind is he's going to plow another couple of shots into Officer May to finish the job," Wagstaffe said.

Wagstaffe told jurors they have several possible verdicts to consider: first-degree murder with special allegations (which could mean the death penalty or a life sentence), second-degree murder, justifiable homicide, voluntary manslaughter or acquittal.

Of the lesser crimes, second-degree murder takes away deliberate premeditation. One can commit an unlawful act, such as shooting into a crowd -- a malicious act -- but not with deliberate intent to kill, he said.

For justifiable homicide, the jury would have to believe that "Officer May is the one with murderous intent and that he took out his gun and shot him in the leg," Wagstaffe said.

Voluntary manslaughter is committed in the heat of passion with adequate provocation, but that would not apply in this case, Wagstaffe said.

But the crime is "clearly first-degree murder. The defendant is running from the officer and taking his gun out. He's still walking back and firing more shots into him. That's murderous intent," Wagstaffe said.

First-degree murder is premeditated and deliberate and intentional. It doesn't have to be planned out, but must be willful. There need only be a thought to do it before pulling the trigger, Wagstaffe said.

"It's no different than going shopping at the store and (seeing) what I have a weakness for: chocolate chip cookies," he said. One can decide to pass them by and forego the calories or cave in and put them in the cart. That's deliberative, versus 'Ah! Chocolate chip cookies! In they go,'" he said.

Wagstaffe created a dramatic murder scenario by lying down on the courtroom floor. He wanted to explain an alternate theory for spattered blood on the back of the officer's hands.

A defense expert said the fine spray was consistent with the officer holding a gun up to aim at Alvarez when May was shot in the face. But Wagstaffe had another explanation.

"He's down and he's hit," Wagstaffe said, indicating a hypothetical first shot to the shoulder.

"What does he do as the defendant comes toward him? He puts his hands up," Wagstaffe indicated, portraying a defenseless officer sitting up, palms out with his hands in front of his face.

Alvarez had a choice every step of the way, but always made the wrong decision, Wagstaffe said.

He chose to purchase a gun; he chose to sell drugs on East Palo Alto streets; he chose to flee from an officer; and he chose to hold on to the gun rather than ditch it in bushes before the officer pulled up in his patrol car to stop him. He chose to run away and he chose to shoot the officer; then he chose to come back on his way to escape and shoot the officer again, he said.

Alvarez chose to lie to medical staff about the bullet wound in his leg and chose to try to get a fellow inmate to lie about his mental state, Wagstaffe added.

"The very first question I asked him (on the witness stand) was, 'Is it fair to say you are a liar?"

"His answer: 'It depends on what you're talking about,'" Wagstaffe said.

But Defense Attorney Charles Robinson said May's tragic death was brought on by his own actions, which were outside the law and a result of poor decisions.

"It's very hard for me to stand here and tell you that a police officer was wrong. They have a dangerous job and we are brought up to trust a police officer," Robinson said.

But the officer violated his department's policy and a city ordinance against excessive use of force when he used a baton to strike Alvarez as he fled, then allegedly shot first, hitting the defendant in the thigh, he said.

Robinson revisited hotly-contested testimony by a defense use-of-force-policy expert. May did not have just cause to stop Alvarez in the first place, since he did not fit the description of a shirtless man wearing a black jacket. Alvarez wore a black jacket but had on two shirts, the tails of which stuck out, he said.

May's choice of words to try to get Alvarez to stop running did not constitute a command to stop. They were a threat, Robinson said.

"'I'd stop if I were you,'" he said, echoing the officer's only known words to Alvarez.

May made choices contrary to his training, starting with his initial pursuit of Alvarez. He drove the wrong way down University Avenue with a teenage Explorer in the car as he pursued Alvarez to Weeks Street, where the shooting took place, Robinson said.

May chose to issue a threat rather than a direct command to stop and pulled out a baton against a fleeing man who did not fit the suspect's description. He beat, cornered and shot Alvarez. Those choices caused him his life, Robinson said.

"We're not trying to say Richard May is a bad cop. In this instance he completely stepped out of the rule of law," Robinson said.

"You might feel Alberto Alvarez should have stopped when he was told to stop, even if there was no reason. But that was not the law.

"Justice without following the law is revenge. The law is the law and it applies to everyone. Alberto Alvarez reacted to survive and a man ended up dead," he said.

May's behavior "was an element in this trial -- an element that must be proven beyond a reasonable doubt," with all other allegations, Robinson said.

"Doubt calls on reason. It encourages people to question. It brings into question some perceived reality. Doubt is good. It suits human nature," Robinson said.

Perceptions can be wrong, Robinson said, asking the jury to look deeper than Alvarez's felony record or drug dealing or even the act of shooting May itself.

May relied on a perception of a Hispanic male in a black jacket as the perpetrator without examining the fact that Alvarez did not fit the description of the suspect. "He got complacent," Robinson said. "And that perception cost him his life."

Each member of the jury has a moral obligation to vote their conscience, Robinson said.

"Any one by their own conscience can veto the votes of the others. Different opinions don't necessarily mean they are wrong. When you cast your vote, that vote is your vote and not that of the person next to you," he said.

The prosecution will present a rebuttal and the jury will begin deliberations today (Tuesday).

The Almanac - Nov. 24 - Post Chronicle

Posted: 24 Nov 2009 04:38 AM PST

Today is Tuesday, Nov. 24, the 328th day of 2009 with 37 to follow.

The moon is waxing. The morning stars are Venus, Mars, Saturn and Mercury. The evening stars are Neptune, Jupiter and Uranus.

Those born on this date are under the sign of Sagittarius. They include Dutch philosopher Baruch Benedict de Spinoza in 1632; British novelist and clergyman Laurence Sterne in 1713; Zachary Taylor, 12th president of the United States, in 1784; painter Henri Toulouse-Lautrec in 1864; ragtime composer Scott Joplin in 1868; lecturer and author Dale Carnegie in 1888; pianist Teddy Wilson in 1912; actress Geraldine Fitzgerald in 1913; columnist William F. Buckley in 1925; and actors Dwight Schultz in 1947 (age 62) and Stanley Livingston in 1950 (age 59).

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On this date in history:

In 1863, Union Gen. U.S. Grant launched the U.S. Civil War battle of Chattanooga in Tennessee.

In 1869, women from 21 states met in Cleveland to organize the American Women Suffrage Association.

In 1874, Joseph Glidden received a patent for barbed wire, which made the farming of the Great Plains possible.

In 1963, Lee Harvey Oswald, accused assassin of President John F. Kennedy, was fatally shot by nightclub owner Jack Ruby in a Dallas jail building two days after Kennedy was slain.

In 1971, a passenger ticketed as "D.B. Cooper" hijacked a Northwest Airlines flight from Portland, Ore., to Seattle, and parachuted south of Seattle with a $200,000 ransom collected from the airline. He reportedly was never heard from again.

In 1985, Arab commandos forced an Egypt Air jetliner to Malta and began shooting passengers, fatally wounding two. Fifty-seven other people died when Egyptian commandos stormed the jet.

In 1989, Czech reform politician Alexander Dubcek made his first public appearance in Prague since the Soviet invasion of 1968.

In 1993, the Brady bill handgun-control legislation cleared Congress. U.S. President Bill Clinton signed it into law on Nov. 30, 1993.

In 1995, Irish voters passed a referendum removing the constitutional ban on divorce.

In 2002, suspected Islamic terrorists stormed a famous Hindu temple in Kashmir, India, killing seven people and wounding 30 others.

In 2003, Hall of Fame pitcher Warren Spahn, who had more wins than any other left-hander in major league baseball history, died at the age of 82.

In 2004, Brazilian energy officials said the South American country will begin enriching uranium with the consent of the United Nations.

In 2005, a suicide car bomber struck at an Iraqi hospital where U.S. soldiers were giving away toys, killing at least 31 people, mostly women and children. Nearly two dozen others died in further violence during the day in Iraq.

In 2006, a car bomb killed at least 22 people in Talafar, Iraq, running the death toll in a 24-hour rash of Baghdad bombings to 202.

In 2007, a brigade of 5,000 U.S. troops left Diyala province, considered the first significant pullback of American troops from Iraq, the U.S. military said.

Also in 2007, Kevin Rudd took over as Australian prime minister, defeating John Howard who was seeking a fifth term after 11 years in office.

In 2008, U.S. regulators and Citigroup Inc. negotiated a rescue of the troubled bank, involving Citibank taking on $29 billion in toxic assets on its portfolio. The U.S. government will absorb the rest of at least $306 billion in troubled securities.

Also in 2008, nearly four dozen people were killed and some 20,000 homes destroyed in floods that devastated the southern Brazilian state of Santa Catarina.

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A thought for the day: Dutch philosopher Baruch Benedict de Spinoza said: "Peace is not an absence of war. It is a virtue, a state of mind, a disposition for benevolence, confidence, justice." (c) UPI

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Almanac: What to do in the garden Nov. 24. - Boston Globe

Posted: 24 Nov 2009 05:21 AM PST

Carol Stocker's live chat has moved to Fridays. She will answer on-line questions Dec. 4, 1-2 p.m.
Here's what to do in the garden over the coming week:
Bulbs: It's not too late to plant tulips. Situate earliest-blooming
varieties in the rear of the flower bed, midseason tulips in the middle,
and late bloomers in the front. Other types of spring-blooming bulbs should
be planted in October, but better late than never. Just get them in the
ground now at a depth three times the width of the bulbs. They won't store
well over the winter.
Compost pile: Add lime. Don't store lime or fertilizer over the winter where they can absorb moisture and harden.

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Crystal clear commitments - Pennsylvania Almanac

Posted: 24 Nov 2009 05:35 AM PST


Crystal clear commitments

By Eleanor Bailey The Almanac Sports Editor ebailey@thealmanac.net

Mt. Lebanon seniors confirm college choices

Graduation may be months away at Mt. Lebanon, but mid-November was just as good a time for Frank and Victoria Badolato to throw a little party for their daughter, Geena, and a few of her friends.

At his pizza establishment on Beverly Road, they reveled because as many as six students will continue their athletic careers in college.

A softball starlet, Ms. Badolato signed her national Letter of Intent. There was no question this Lebo local would remain in the region, pitching for Robert Morris University.

Although she has traveled around the country--most recently this summer she ventured to Las Vegas--and was recruited by Rochester, Dickinson, James Madison and Cornell, Badolato settled on the Colonials because she liked the players and coaches.

Plus, she liked the fact that the college was close by.

"There's no place like home," she said.

Since age 9, home has been a pitching mound for Badolato.

In fact, last spring, she again led Lebo to the district semifinals as well as a 16-2 record. She struck out 166 batters and ranked No. 9 in the WPIAL. Opponents batted just .078 against her. They scored even less. Ba-dolato allowed just five earned runs for a 0.30 ERA.

"Geena is one of the best competitors I have ever seen," said Lebo manager Nikki Fajtak. "She gives it her all. Her best years are still to come though she's pitched phenomenally for us."

Before the prospective business major leaves Lebo for RMU, Badolato hopes to achieve one more amazing thing for her alma mater.

"My goal is definitely to get to a WPIAL final," said the 17-year-old senior.

"We've always been one game away. We all have that as our goal. Tired of being one game away."

Final destination

Badolato's buddies know no such sentiment.

Jessica Babe, Lauren Arbogast and Cecilia Woodyard have been to the big game more than once during their athletic careers.

All played basketball on last year's undefeated WPIAL and PIAA championship club. Plus, they had been to state finals only a season earlier. In addition, Woodyard has competed in a WPIAL final for lacrosse.

Each will continue their athletic endeavors in college.

While Woodyard will play lacrosse at High Point University in North Carolina, Arbogast and Babe will play basketball for Central Connecticut.

The nine-hour distance away from home, plus the diversity of the region, appealed to Babe, who had three other siblings who excelled in basketball at Lebo--Bill, Brandon and Jackie, who is currently playing at Duquesne University.

Of Central Connecticut, Babe said that she liked the coaching staff, the area was perfect because there were more things to do than just play basketball and it was a train ride to New York City. But the underlying reason she would be remaining a Blue Devil had to do with her personality.

"I wanted to go someplace where I had my own identity," said the 17-year-old daughter of Carla and Greg Babe.

"I have always been a little Babe. I still am," she explained. "Now I can be just Jess Babe."

The Babe that Dori Oldaker knows is a fiery competitor, who has run the offense for her Blue Devils.

In helping the Lebo ladies to a 31-0 season last winter, she led the team in assists with 161 assists for a 5.2 average a game. She also ranked No. 2 in steals with 96 for an average of three a contest.

Additionally, Babe averaged 6.1 points and 2.4 rebounds.

According to Oldaker, the main factors that attracted Central Connecticut to Babe were "her ability to be a floor general and her never-say-die attitude. Obviously, she plays with a lot of heart and determination."

Babe is determined to hone her skills this season and at the next level.

"My goal this season is to lead my team. Be a capable leader. And have another state championship," she said. "That would be nice.

"When I get to college though, I'm going to have to improve. You can't get away with anything like you do in high school when not everybody is good. In college, they're all going to be good. So I'm going to have to make good, quick decisions."

Education a top reason

Meanwhile, Arbogast decided upon Central Connecticut primarily for the educational experience. The campus and the size of the school provided the perfect environment for learning.

Arbogast hopes to emulate her high school coach, pursuing an elementary education degree and incorporating her love for the game by coaching, too.

"I have never talked to Coach Oldaker about it but I think the fact that she can coach and she can teach is a great life."

Arbogast, who just as Babe was recruited by Mount St. Mary's in Maryland, Hofstra and St. Francis in Loretto, should have a great college life maturing into her abilities.

Although the 17-year-old daughter of Wendy and David Arbogast has played sports because she was always tall, has untapped potential says Oldaker.

"I am amazed at how much she has improved since her freshman year. I believe her best years are yet to come in college. She has not peaked yet."

Indeed, at 6-foot-2, the forward averaged 8.1 points and 4.2 rebounds a game last season.

As far as her scholastic career is concern, Arbogast, too, hopes Lebo hasn't reached the pinnacle.

"I'd like to accomplish what we did last year. One game at a time, one day at a time though," she cautioned. "You can't look to far into the future.

"But we're going to work at it every day. We're used to it. Our coaches have prepared us really well."

Next step, High Point

Oldaker, meanwhile, believes Woodyard is prepared for her next step even though she has not seen her play lacrosse.

"If her lacrosse IQ is like her basketball IQ then she'll do unbelievably well. Cecelia's so intelligent. We don't win without her on the team."

Neither did the Lebo lacrosse ladies. They reached the WPIAL finals last season. For years, they have traded places with Peters Township as champions.

While Woodyard has played basketball since first grade, she commenced her lacrosse career in eighth grade. She's a defensive midfielder for the Blue Devils.

"I like basketball as much as lacrosse but I had more of a chance to play lacrosse in college," explained the 17-year-old daughter of Gailya and Tom.

"I like how much you run and the involvement on a team. Eleven players all contribute," added Woodyard, who plans to major in sports medicine and psychology.

"It's most rewarding from the goalkeeper saving it to the defense and the midfield to the offense that scores the goal."

Because she selected High Point, Woodyard will get the opportunity to play in front of family members.

Both grandparents and an aunt--Gailva and Jim Miazzia and Gloria and Jack Brown, minutes away from the university.

"It's nice that they will be nearby," said Woodyard, who has two other older siblings, T.J. 24, and Genna, 21, as will as a younger brother, Blake, 14, who plays lacrosse and football at Mt. Lebanon.

"It won't be such an adjustment. I think the biggest thing will be getting used to the speed of the game and the amount of practice.

Pierce to Wagner

Since he picked up a basketball in Indianapolis, Ind., Evan Pierce has practiced hard to make it to this point in his career. He signed a letter-of-intent, committing to Wagner College in New York.

While Buffalo, Vermont, the Air Force Academy and Iona expressed interest in the 18-year-old son of Alvin and Sandra Pierce, Wagner shadowed him all summer. The coaches attended all of his AAU games.

"They showed that they were interested in me. That meant a lot to me," said Pierce, who has two younger sisters, Sarah, 7 and Grace, 10

Working with the right coaches has meant much to Pierce's development.

Besides being a good school district, Pierce moved into Mt. Lebanon in part because of Joe David's expertise. He played his college ball at the University of Pittsburgh.

From the get-go, David has been impressed with Pierce's talent and drive. "Evan has a great work ethic," he said. "Coming from another school, he's gotten better.

"The upside is that Evan has four years to gain more polish. He's surrounded by talented players and has all the right elements to do well.

"He will be fine. Evan found the right match. He'll fit in well. He's in good hands. He's going to a place that wants him and knows him, his pros and cons and strengths and weaknesses."

Currently, Pierce is working with new assistant coach, Steve Brodzinski, on some of those deficiencies.

On Monday, Wednesday and Friday between 6 and 7:30 a.m. Pierce trains to round into his game-time condition and hone fundamentals to help in high school and beyond.

"I believe, hard work pays off. It really does," Pierce said. "If you work to achieve something, then it does."

When he matriculates to Wagner, Pierce's mission is to help the Seahawks become the next Davidson.

"I want to help them make a run at the Final Four," he said.

However, Pierce has unfinished business at Mt. Lebanon. That's why he made his commitment early.

"That's why I signed early. I didn't want that to stand in the way of our focus. I want to help the team get back to the WPIAL finals and win title and get back to the states."

Last winter, Pierce averaged 17 points a game in helping the Blue Devils reach the district finals and the PIAA Final Four.

"We expect Evan will have a great season," said David.

"This year, we expect him to be a leader every day and every week. Win a section title, WPIAL and progress through the states.

"But first things first, be a senior leader off the court."


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Pittsburgh Youth Ballet to present annual 'Nutcracker' - Pennsylvania Almanac

Posted: 24 Nov 2009 05:35 AM PST


Pittsburgh Youth Ballet to present annual 'Nutcracker'

Get into the holiday spirit with Pittsburgh Youth Ballet Company's annual production of "The Nutcracker," which has been a local holiday tradition for more than 25 years.

PYBC's The Nutcracker will be performed at the Upper St. Clair Theater at 7:30 p.m. Friday and Saturday, Dec. 4 and 5 and at 2:30 p.m. Saturday and Sunday, Dec. 5 and 6 with 158 performers.

The CAPA Symphony Orchestra, under the direction of Musical Director David Knapp, will accompany PYBC at 7 p.m. Friday and Saturday, Dec. 18 and 19 at the CAPA Theater, located on Sixth Street in Pittsburgh.

This Nutcracker production has been enjoyed by generations of children as well seniors and adults. Group rates are available for Girl Scouts, Brownies, and Daisy troops (with badge opportunities), as well as senior citizens and organized groups.

Pittsburgh Youth Ballet Company has performed The Nutcracker up and down the east coast from New York to Florida, and have also been invited to perform several works in Austria and Germany at the Tanzsommer Festival.

Artistic Director Jean Gedeon still teaches and has won numerous Awards as "Best Teacher" from Dance Teacher Magazine and "Best Director/Teacher Artist" from Chautauqua Institute.

In June, she secured the rights from the prestigious George Balanchine Trust for the PYBC to perform "Serenade" and "Waltz of the Hours."

After 25 years, Gedeon remains a source of inspiration for her students. "Only the best will do, I never give up on anyone" is still as true a statement as it was when she was quoted in a featured article in Dance Magazine.

Many of the dancers that took part in past performances of PYBC's Nutcracker are now dancing professionally throughout the world.

For example, Amy Barker of Mt. Lebanon, a PYBC dancer for nearly 12 years, recently received a company contract with the New York City Ballet and will be joining her former PYBC classmates Faye Arthurs of Upper St. Clair, and Stephanie Zungre of Jefferson Hills, in performing New York City Ballet's The Nutcracker at Lincoln Center.

For more information, call the Pittsburgh Youth Ballet Company at 724-969-6000. Tickets may be obtained by calling PYBC, online at www.pybco.com, via email at info@pybco.com or at the PYBC Studios, St. Petersburg Center, 210 Valley Brook Road, McMurray.


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