truesee's Blog

Insult lands man in jail

Judge's sentencing in out-of-court incident is questioned.

Chuck Lindell
AMERICAN-STATESMAN STAFF
Tuesday, September 08, 2009

This summer, incensed by a ruling in a child-custody case involving his granddaughter, 69-year-old Don Bandelman followed the judge into a public courthouse restroom and berated him as "a fool," court records show.

District Judge Jack Robison, Bandelman said, angrily told him to leave.

Then Robison did something more problematic, raising questions about whether he abused his power as a judge. Robison directed bailiffs to arrest Bandelman and then sentenced the man to 30 days in jail for contempt of court.

There was no hearing, no notice of charges and no lawyer present for Bandelman, who was handcuffed and taken to the Caldwell County Jail to serve his term in a cell with 12 bunk beds and 23 far younger inmates. After the first two nights of near-constant noise and never-extinguished lights, the grandfather said, he was physically wrecked and doubted he could survive another 28 days in captivity.

Two days later, shaken but otherwise healthy,

he returned to his home about 10 miles northeast of Lockhart after Robison, facing inquiries from an Austin appeals court, amended his contempt order to time already served.

Robison, a district judge for 15 years, declined to comment through his court coordinator for this article.

Said Bandelman: "I don't guess I regret telling him what I did. It probably wasn't the smartest thing, but it was a (gut) reaction. I guess you have no freedom of speech with a judge."

On the contrary, though judges enjoy greater protection from ridicule than most Americans, that privilege rarely extends beyond the courtroom. And because the power to jail people on the spot, known as a finding of "direct contempt," is contrary to the constitutional guarantee of due process, it is strictly limited to avoid abuses.

"What ought to scare people is the ability to jail a citizen for 30 days when a judge just doesn't like his behavior," said Bill Allison, law professor and director of the University of Texas Criminal Defense Clinic. "The courts have kept, and continue to keep, this type of contempt very closely watched, very narrowly defined."

Bandelman's jailing was unusual because a finding of direct contempt is generally reserved for acts that:

• Take place during court proceedings, usually in the courtroom or jury room.

• Are witnessed by the judge.

• Disrupt court, impede the administration of justice or challenge the judge's authority.

In cases that meet the three criteria, swift and harsh punishment behind bars is often essential to protect the court's integrity, appellate courts have said.

But those accused of contempt for acts outside of the courtroom should be given notice of charges and be allowed to defend themselves at a future hearing, a standard that the U.S. Supreme Court set 84 years ago.

'Get me out of here' On June 23, Bandelman was waiting in the hallway of the Caldwell County Courthouse for news about who would get temporary custody of his 13-year-old granddaughter. Bandelman — who has two grown children, a daughter in California and a son in Lockhart — hoped it would be his son, but Robison chose the ex-wife.

Court was adjourned, and minutes later, Bandelman noticed Robison entering a public restroom down the hall.

When Bandelman barged in, Robison reacted forcefully and a bailiff quickly intervened. Family law, particularly divorce and child-custody cases, often produces volatile court proceedings, and across the nation, security officers and judges are trained to beware of confrontations.

Bandelman was escorted from the courthouse and was standing on the sidewalk when two bailiffs handcuffed him and returned him to Robison's courtroom. (Robison's home courtroom is in New Braunfels, but several days a month, he hears cases in Lockhart and San Marcos.)

The judge sent out documents on the contempt of court charge but did not appear in court, said Bandelman, who had no previous criminal record.

Later that afternoon, he was photographed, fingerprinted and booked into the Caldwell jail, said Bandelman, a retired electrical safety instructor for Texas A&M University.

"I couldn't understand why all this was happening," he said recently. "I was upset about what was happening about my granddaughter, more upset about that than what they were doing to me at the time."

Bandelman figures it was about midnight on his second night in jail when his body — worn down by stress, lack of sleep and arthritic aches — began shaking uncontrollably. He carefully climbed down from the top bunk, the last available bed in the cell.

"I started banging on the glass window, yelling, 'You gotta get me out of here. I have to get out.' The guard yelled, 'Get back!' " Bandelman said. "The (other inmates) were yelling, 'What's the matter, old man? Can't you take it?' They were all laughing and hollering."

Bandelman said he was eventually placed in solitary confinement, where he stayed in relative peace until he left the jail.

'Can be problematic' Bandelman was jailed on a Tuesday afternoon.

The next morning, his wife, Pat, hired Lockhart lawyer John Bennett, who that day filed a habeas corpus petition asking the state district court to free his client. But when Bennett, who declined to discuss the case, couldn't get a hearing scheduled, he filed a new petition at the 3rd Court of Appeals late Thursday.

The Austin appeals court asked Robison to respond to the appeal by noon Friday. Before that deadline, the judge amended his contempt order, freeing Bandelman.

Bandelman's habeas petition alleging illegal restraint remained pending at the appeals court until Aug. 7, when justices issued a ruling raising questions about Robison's contempt finding.

"Jailing individuals for contempt under circumstances such as those presented here without the court being in session and without notice and hearing can be problematic," the opinion by Justice Alan Waldrop said.

Even so, the appeals court said, Bandelman could not be granted relief because his appeal was moot.

Bandelmansaid he intends to file a complaint with the State Commission on Judicial Conduct, an independent agency that investigates allegations of wrongdoing against Texas judges.

Since 2000, the commission has privately sanctioned seven judges for abusing direct contempt powers, among the agency's lightest punishments because offending judges' names are not made public.

Bandelman also worries that his arrest and jailing will remain on his record — a valid concern, according to the Department of Public Safety. Contempt charges reported to DPS with fingerprints are posted to the state's computerized criminal history system, a DPS spokeswoman said.

'Thicker skin' needed In 1991, the Texas Court of Criminal Appeals issued a pair of rulings stating that insults and offenses to a judge's sensibilities are not enough for a contempt finding. In addition, offensive comments — even if spoken in court — do not constitute contempt unless they are disruptive or boisterous, the court said.

"Court opinions over and over imply that judges need to have a little thicker skin than your average citizen," said Allison of the UT Law School. "When it gets to the point of disrupting the (legal) process, then they may take the gloves off and put a stop to it."

Though judges are given wide discretion to determine what is contempt, they have less leeway on how they can respond, Allison said.

Court rulings have been clear that direct contempt is reserved for disruptions to "the business of the court," he said. Similar disruptions in the hallway, stairway or restroom do not apply, he said.

Jim Harrington, head of the Texas Civil Rights Project, agreed. "The law is very clear," he said. "Once you're outside the courtroom, the judge loses a lot of power. You can cite someone for contempt, but that has to be heard by another judge."

Because of the clearly defined limits on direct contempt, misuse of the power is rare, said Harrington, who called Robison's action outrageous.

Robison "is out of sync, not only with the Constitution but with contemporary judicial practice," he said.

 

Don Bandelman spent time

in jail for contempt of court.

LINK:

http://www.livescience.com/health/090911-7-bad-thoughts.html

Fired cop had prior issues

The rookie New Orleans police officer who was arrested last week after allegations he stole an expensive watch from a citizen while on a service call has been cited for crimes two other times during his more than two years on the police force.

Desmond Shorty, 24, who resigned after his arrest last week, was issued a municipal summons for domestic battery last September, and for public intoxication, public intimidation and resisting an officer last March, according to court records.

Despite the criminal charges, Shorty was allowed to stay on as a police recruit and was slated to be promoted to the rank of officer. The case raises questions about the NOPD's hiring practices and an internal monitoring system that is supposed to flag potential problem officers.

Police spokesman Bob Young confirmed Thursday night that Shorty had been in the NOPD's recently reformed Professional Performance Enhancement Program (PPEP), designed to closely monitor officers with a high number of complaints or history of discipline issues.

Officers in the six-month program are supposed to be accompanied by a supervisor on all service calls and attend additional training classes.

Young said he couldn't comment on why Shorty was kept on the force, in a probationary capacity, for 2 1/2 years and why Shorty was able to weather such alleged offenses without being terminated.

--- Letter of reprimand ---

Young said Shorty was issued a letter of reprimand in the public intoxication, intimidation and resisting arrest incident, and pointed out that prosecutors dropped the case. As for the domestic battery case, Young said he considered the case open because Shorty is attending a domestic violence intervention program.

Young was unable to immediately produce records on the officer's complaint history, but said such documents, if found, would be released today.

Shorty, assigned to the 7th District, allegedly lifted a $3,500 watch from a woman's purse late last month while investigating a disturbance in eastern New Orleans. He was in the apartment without a search warrant, according to a police report.

The owner of the watch complained to police. A week after the alleged heist, the owner and his girlfriend spotted Shorty in Harrah's Casino and supposedly took a cell-phone photo of him wearing the wristwatch, records show. Internal investigators later found the watch, with unique markings, inside Shorty's vehicle. He resigned from the NOPD while under investigation and was booked into jail on one count of theft and one count of possession of stolen things.

Shorty couldn't be reached for comment Thursday evening.

--- On force since 2007 ---

He joined the NOPD in January 2007 and has been a recruit since then. All recruits are considered to be on probationary status. They are not afforded civil-service protection and can be fired for any reason.

The complaints made against Shorty before the alleged watch theft should have been red flags, said Rafael Goyeneche, president of a watchdog group, the Metropolitan Crime Commission.

"When you look at the history of troubled officers, there are almost always early warning signs," he said. "Here, apparently the signs were ignored. And now you have another black eye, and more public embarassment for the NOPD."

--- Quality vs. quantity ---

With New Orleans routinely ranking among the nation's most dangerous cities, Police Superintendent Warren Riley has made a huge push to hire more police officers. But some, including officers within the department, worry that the need for greater numbers comes with a risk.

"Yes, numbers of police officers are important," Goyeneche said. "But you can never compromise quality for quantity."

In March, the NOPD arrested Darrius Clipps, a cop with one year on the job, in connection with a string of burglaries and sexual assaults. Clipps allegedly used his badge and uniform to conduct false investigations in which the alleged victims allowed him into their homes.

Last summer, officer Ashley Terry, with 15 months on the force, was fired after she waved a handgun and yelled profanities at a woman in the car pool lane of a day care center.

The NOPD's PPEP program, also called the "early-warning system," was instituted in the mid-'90s and drew praise from criminal justice reform groups. It was suspended in the years before the 2005 storm. Young, the police spokesman, said the program was reopened this year.

--- Trouble at nightclub ---

As an officer, Shorty's first brush with the law took place on March 2, 2008, outside a nightclub in the French Quarter.

Shorty was asked to leave the club by authorities several times. But he told Orleans Parish criminal sheriff's deputies that "I'm a 26 (police officer) and I'm not f -- -ing leaving and I don't give a f -- - who you are, but b -- -- I don't care and get the f -- - out of my face," according to a Municipal Court filing.

Shorty then allegedly approached the deputies in an aggressive manner. He was booked into Orleans Parish jail with public intoxication, public intimidation, and resisting an officer. He was released on his own recognizance, according to court records.

The case was dropped by the city attorney's office, which prosecutes municipal cases, when Shorty appeared in court a month later.

Last fall, Shorty was accused of domestic battery. At the time, police had discretion to decide whether such cases warranted state or local charges. That policy changed in February, and now all domestic battery cases are sent to state court and carry potential felony charges.

--- Complaint by girlfriend ---

Shorty's girlfriend at the time called police to report that weeks earlier Shorty had battered her and "poked" her in the eye, according to a police report.

The girlfriend also told police that on at least one other occasion, Shorty had "grabbed her around the neck and pushed and pulled her about the house," and she had had to escape.

Shorty had asked her not to call police, she said. The report says she told police that her delay in reporting the incident owed in part to her evacuation for the approaching Hurricane Gustav.

The responding officer referred her to the NOPD's Public Integrity Bureau, which investigates complaints against officers. Later, a PIB officer gave her a "new citizen complaint procedure" pamphlet, along with the address where she could mail it, the report states.

Several ranking officers were notified of the girlfriend's complaint. In turn, they notified Shorty and advised him to have no contact with her, according to the report.

Weeks later, Shorty was issued a municipal summons for domestic battery by ranking members of the NOPD's Public Integrity Bureau. He pleaded not guilty, according to court records.

Shorty appeared again in court in January and "all parties agreed" that he would attend 26 domestic-violence group sessions, records show.

In addition to the recent cases, Shorty was arrested and booked in 2002 on a municipal charge for disturbing the peace and fighting at Rabouin High School. That case was later dropped by the city attorney's office, records show.

The city attorney's office did not respond to a request for comment by deadline Thursday

Man in anti-drug ad charged in pot bust

September 10, 2009

11:00 PM

CURTIS JOHNSON

The Herald-Dispatch

HUNTINGTON -- A labor organization's voice for a drug-free work force found himself behind bars this week charged with cultivating a massive marijuana grow.

Wendell Aaron Searls, 56, was accused Wednesday, Sept. 9, of cultivating marijuana and possessing the drug with an intent to deliver, both felonies. He was jailed about 10 p.m. on a $52,000 bond.

Criminal complaints state Searls admitted to having the marijuana grow in his attic, which Huntington Police Sgt. Darrell Booth called a "marijuana factory." It included more than 100 plants and sophisticated tools needed to grow the crop indoors.

Searls appears in commercials as a hard-hat-wearing worker for the Affiliated Construction Trades Foundation. The commercial lists him as a member of Plumbers and Pipefitters Local 521. It has appeared on television and YouTube to promote the organization's drug-free message.

"Nobody wants to work next to anybody whose judgment is impaired by drugs or alcohol," Searls says in the commercial. "We don't just talk a drug-free work force. We do something about it. The union work force is a drug-free work force."

Steve White, director of the ACT, said his organization was shocked and disappointed. Those associated with the commercial were unaware of Searls' suspected behavior. He called the allegations unfortunate and embarrassing.

"Were we fooled? Apparently so," White said. "This instance, while it might be tragic and ironic, it is exactly what we are trying to prevent -- people who use illegal drugs being in the workplace."

The commercial belongs to a rotation of television advertisements. It was not airing this week, and White vowed it would be taken out of the rotation.

Wednesday's arrest followed a routine traffic stop and execution of a search warrant, both separated by approximately eight blocks along 8th Avenue. The complaints state authorities found more than 100 marijuana plants, or approximately three pounds, in Searls' attic at 2128 8th Ave. They also found a storage area used to dry the finished product and grow lights, along with heating and cooling devices to manufacture the drug.

Booth described the 8th Avenue discovery as "a highly sophisticated, efficient, well thought out marijuana production facility." He said officers later found more marijuana and documentation evidence at 17 Morgan Court in Hurricane, W.Va. The investigation, which could result in federal charges, continued Thursday.

"It was a level of sophistication we have not seen before," Booth said of the 8th Avenue site. "It was designed around a continuous production of high-quality marijuana."

Booth said investigators had received community complaints about activity at 8th Avenue residence. However, their intelligence had not progressed far enough to obtain a search warrant until Wednesday's traffic stop. He said a K-9 patrol officer stopped Searls' van for speeding and a defective tail light.

The criminal complaints state the patrolman stopped Searls' van in the 1300 block of 8th Avenue. He found three marijuana cigarettes and a .25 caliber pistol. Searls notified the patrolman he had a pistol stored in the vehicle.

Authorities then searched the 8th Avenue residence. It contained food and bedding, but Booth said its condition did not suggest it being a permanent residence. Those developments led investigators to the house at Morgan Court in Putnam County, where Booth said Searls lived with his fiancee.

Investigators confiscated a small amount of marijuana and documentation evidence. Booth declined comment when asked about specifics, but confirmed the documents were electronic and paper. He said the marijuana in Hurricane included plants and prepared joints. He said it was consistent with marijuana confiscated at 8th Avenue.

Searls talks in the commercial about the toll an accident can take financially and to one's family.

"I love my family and coming home safely to them every night is the most important thing in my life. The cost of providing a drug-free work force is nothing when you compare it to the cost of a lost-time accident," he says.

White said the arrest shows how serious and pervasive drug abuse is in the community. He said its a reality for all workplaces, especially in construction. His unions combat it with testing.

The ACT does not initiate or administer drug tests, but supports such programs. Many programs include pre-employment, cause, random and post-accident testing. White contends drug testing standards in the construction trades surpass that of some government agencies, whose test do not detect prescription drugs and opiates.

White was unsure as to how Searls may have slipped through routine drug testing. Court documents do not directly accuse Searls of abusing the marijuana that he possessed.

"It's not a paper policy," White said. "We believe it is a pretty vigorous policy, but people are ingenious at finding ways to defeat these tests."

The ACT also has supported legislation at the state level to ban some products marketed to defraud drug tests, White said.

The Huntington Police Department and the FBI's Huntington Violent Crime Drug Task Force participated in the investigation with the West Virginia State Police, the Putnam County Prosecutor's Office and the Putnam County Sheriff's Office.

Booth praised Putnam County officials for providing significant assistance. He also said the arrest was another example of the Huntington Police Department's counter-drug offensive enacted by Chief Skip Holbrook

Hospital Gives Wrong Baby to New Mother

Alan Reed
Managing Editor

Williston Herald
Last Modified on Thursday, September 10, 2009 10:38 AM CDT

Officials at Williston’s Mercy Medical Center are investigating how the wrong baby was given to a mother who was discharged this past Saturday.

The incident happened around 1:30 p.m. on Saturday, said Mercy Chief Financial Officer Kerry Monson, who was the administrator on call this past weekend. Monson said the mistake was discovered by staff and “as soon they recognized it, it was addressed.”

Monson would not release details about how the incident occurred and what families were involved. When asked about printed information outlining the procedures that were to have been followed in the discharge process, Monson said there are numerous policies and procedures involved, while adding she can’t give information about protocol.

Monson read a prepared statement that said, “We are certainly disheartened by this current event and our hearts go out to the families involved. Mercy Medical Center is committed to its core values of reverence, integrity, compassion and excellence in serving its patients and the Williston community.”

Monson continued with the statement that read, “We want to assure the community that within approximately one hour of our discovery, baby and mother were reunited.” The statement added Mercy officials are thoroughly investigating the facts associated with the incident “and are reviewing our obstetric unit’s polices and procedures to ensure that we are able to maintain patient security and confidence.”

The statement concluded with, “As quickly as we can conclude our investigation, you can be assured the appropriate action will be taken.”

Mercy’s Web page lists three babies were born on Thursday, six babies were born on Wednesday and two babies were born on Tuesday that week.

Parents must give permission for the Web posting of the newborn that is made upon discharge, so the listing may not include all births at the hospital.

Wells Fargo exec used Malibu Colony home lost by Madoff-duped couple, neighbors say

Residents identified the house's occupant as Cheronda Guyton, a Wells Fargo senior vice president

E. Scott Reckard and David Sarno

Los Angeles Times

September 11, 2009

Bernard L. Madoff's massive fraud stunned some of the wealthy denizens of Malibu Colony, especially when a couple devastated by the scheme surrendered their oceanfront home to Wells Fargo Bank.

But some neighbors say the real shocker came when they saw one of the bank's top executives spending weekends in the $12-million beach house and hosting eye-catching parties there. What's more, Wells Fargo spurned offers to show the property to prospective buyers, a real estate agent said.

"It's outrageous to take over a property like that, not make it available and then put someone from the bank in it," said Phillip Roman, an 18-year Colony resident who lives a few homes away from the property.

Residents identified the house's occupant as Cheronda Guyton, a Wells Fargo senior vice president who is responsible for foreclosed commercial properties.

Guyton could not be reached at her downtown Los Angeles office. Wells Fargo declined to discuss Guyton, saying in a statement that representatives "don't discuss specific team member situations/issues for privacy reasons." But the bank said it would "conduct a thorough investigation of the allegations" by neighbors.

The bank also said its ethics code wouldn't allow employees to make personal use of property that had been surrendered to satisfy debts.

Such conduct would pose a conflict of interest, said W. Michael Hoffman, executive director of the Center for Business Ethics at Bentley University in Waltham, Mass.

"For a business to allow this to happen in today's ethically charged climate is quite suicidal," he said. And because Madoff's fraud was the root cause of the situation, he added, "it's like rubbing salt into the wounds of a national tragedy."

The home's former owners, Lawrence and Linda Elins, didn't respond to requests for an interview.

Their real estate agent, Irene Dazzan-Palmer, said she had tried to lease the home for the couple last spring after they were "devastated" by Madoff losses. But before she could find a renter, the couple signed over the property to Wells Fargo to help satisfy a larger debt, she said.

Wells Fargo subsequently denied requests to show the house to prospective buyers, said Dazzan-Palmer, a Coldwell Banker specialist in Malibu Colony properties.

"I found it amazing at first when the bank wouldn't show the house to some friends of ours who were interested in buying it," said Roman, the neighbor.

Residents of the gated Malibu Colony said they obtained Guyton's name from the community's guards, who had issued her a homeowner's parking pass.

In written responses to questions from The Times, Wells Fargo said this week that its agreement with the prior owner required it to keep the home off the market "for a period of time" but declined to elaborate. The company said it now planned to list the property for sale "in the near future." The bank also confirmed that Guyton headed its foreclosed commercial property operation.

Malibu Colony stretches three-quarters of a mile along the beach in the heart of Malibu. Its residents include actor Tom Hanks, former Univision Chairman A. Jerrold Perenchio, and high-profile investment banker Michael E. Tennenbaum.

The home the Elinses occupied is a sleekly modern, 3,800-square-foot, two-story structure built in the early 1990s by clothing designer Nancy Heller. Its huge glass windows look out on a patio, deck and the Pacific. On the street side is a wall of mostly beige tile and metal.

Colony residents said the woman they believe to be Guyton, along with her husband and two children, took up occupancy in home No. 106 in Malibu Colony shortly after Lawrence Elins turned it over to Wells Fargo Bank on May 13.

The residents said the family spent long weekends at the home and had guests over, including a large party the last weekend of August that featured a waterborne arrival.

"A yacht pulled up offshore, with one of those inflatable dinghies to take people back and forth to the shore," said Roman's wife, Elaine Johnson. "About 20 people got taken over in the dinghy."

Malibu Colony employees who were not authorized to speak publicly said the community association at the start of the summer had issued Guyton a parking permit of the type given to Colony homeowners.

Residents also gave The Times the license plate number of a 2007 Volvo sport-utility vehicle that they say they had seen parked in the garage at No. 106. A check of motor vehicle license plates conducted by The Times found that vehicle to be registered to Guyton.

When a Times reporter used the buzzer at the home's steel gate on Labor Day, a woman answered the intercom but declined to identify herself or come to the gate.

Asked whether the home had been foreclosed on, she said: "It's not foreclosed. It's owned by Collin Equities" -- a Wells Fargo unit that liquidates foreclosure properties.

The woman on the intercom denied that she was living at the house or had been using it periodically over the summer. Asked whether she could say why she was at the home, she answered, "No, I cannot."

On the website for a lenders conference next month in San Diego, a biography says Guyton, 39, obtained an MBA from USC, worked in the state controller's office during the administration of former Gov. Gray Davis and now manages a team of foreclosed-property managers and a separate team that restructures troubled commercial loans.



Property records show she has owned a home in the Fairfax District of Los Angeles since 2004.

Elins, the previous owner of the Malibu Colony home, is identified in Securities and Exchange Commission filings as the former president of Applause Inc., a toy and gift manufacturer, who since 1988 has headed Elins Enterprises, a financial and real estate firm in Sherman Oaks.

They bought the Malibu Colony home in 1996 and refinanced it for $3 million with Wells Fargo Bank in December 2007, property records show. The home's value was recorded at $12 million when the property was transferred in May to Wells Fargo.

In January, Wells Fargo said it had written off $294 million of loans that had been secured by customers' investments with Madoff, whose Ponzi scheme collapsed late last year.

Dazzan-Palmer, the real estate agent, said she quickly found a person who was prepared to make "a very big offer in cash" to buy the property, but she wasn't able to show the house to any potential buyers. The bank said it was considering offers from other agents, she said, "and then someone moved in."

"We thought maybe it had been sold," she added. "It was a big mystery. All we knew was that Larry had lost the house and that someone was living there."

Because Dazzan-Palmer had the listing to lease the property, other agents have contacted her about the home, she said.

"I've had calls from about 20 agents saying they've got buyers and 'When can you get us in?' " she said. "And I say, 'My client doesn't own it anymore. I brought the bank an offer myself, they didn't respond, and that's all I know.' "

Kenneth & Gabrielle Adelman / California Coastal Records Project / The Malibu Colony beach home, third house from left with a dark patio, was last owned by Lawrence and Linda Elins. The home's value was recorded at $12 million when the property was transferred May 13, 2009, to Wells Fargo Bank.

World's oldest person dies in L.A. at 115

Enjoyed steady diet of crispy bacon, fried chicken, ice cream

LOS ANGELES -(AP) Gertrude Baines, who lived to be the world's oldest person on a steady diet of crispy bacon, fried chicken and ice cream, died Friday at a nursing home. She was 115.

Baines, who remarked last year that she enjoyed life so much she wouldn't mind living another 100 years, died in her sleep, said Emma Camanag, administrator at Western Convalescent Hospital.

The centenarian likely suffered a heart attack, said her longtime physician, Dr. Charles Witt. An autopsy was scheduled to determine the cause of death.

"I saw her two days ago, and she was just doing fine," Witt told The Associated Press. "She was in excellent shape. She was mentally alert. She smiled frequently."

Born in 1894 in Shellman, Ga., Baines claimed the title of the world's oldest living person when a 115-year-old woman, Maria de Jesus, died in Portugal in January.

"I'm glad I'm here. I don't care if I live a hundred more," Baines said in November after casting her vote for Barack Obama in the presidential election. "I enjoy nothing but eating and sleeping."

Japanese woman, 114, now oldest
The oldest person in the world is now Kama Chinen, 114, who lives in Japan, according to Dr. L. Stephen Coles of the Gerontology Research Group, which tracks claims of extreme old age. Chinen was born May 10, 1895, Coles said.

The oldest person who has ever lived is Jeanne-Louise Calment, according to Coles. She was 122 when she died Aug. 4, 1997, in Arles, France.

Baines outlived her entire family, including her only daughter, who died of typhoid.

Baines worked as a maid in Ohio State University dormitories until her retirement and has lived at the Western Convalescent Hospital in Los Angeles for more than 10 years.

Won the 'genetic lottery'
"Living that long is like winning the genetic lottery," Robert Young, a scientist and senior consultant with Guinness World Records, said at her birthday party in April.

Staff at Baines' nursing home described her as a modest woman who liked to watch the "Jerry Springer Show" and eat fried chicken, bacon and ice cream. She refused to use dentures.

"I don't know how she does it. She only has her gums, no teeth," said Susie Exconde, the nursing director who found Baines dead in her bed at about 7:25 a.m.

Witt, Baines' physician, said that when he visited her earlier this week, she only complained that her bacon was soggy and arthritis was causing pain in her right knee.

Baines celebrated her birthday at the nursing home April 6 with music, two cakes and a letter from Obama.

Featured on local television newscasts when she voted last year, Baines, who is black, said she backed Obama "because he's for the colored." She said she never thought she would live to see a black man become president.

"We were hoping to have her until the next election," Exconde said. "We'll miss her." 

Fri Sep 11, 12:37 PM ET

LINK TO VIDEO:

hTtp://www.msnbc.msn.com/id/21134540/vp/30086474#30086474

EP teens suspected of using pellet gun to bully kids

Pair of 14-year-olds allegedly forced three boys to do 'stupid, childish acts'

Engineer makes classic cars from beer cans

An engineer dedicated to recycling has produced a series of detailed classic car models from empty beer cans.

Daily Telegraph

Published: 9:34AM BST 11 Sep 2009

Engineer Sandy Sanderson's classic car model made from Guinness beer cans Photo: CATERS

Sandy Sanderson, 55, creates the models from mangled containers of well-known brands.

The cars come complete with tiny gearsticks, peddles, dashboard dials and even glove boxes.

So far his mini car plant has produced nearly ten of the vehicles including buggies, vans, roadsters and sports cars.

Mr Sanderson decided to pursue the project after he was badly injured in a motorbike accident.

While he was recovering the father-of-two said that he was looking at the bottom of a beer can when the novel idea occured to him.

Mr Sanderson, who is from Sunderland but now lives in New Zealand, said: "While I was off work, after the accident, I had the time to try making a racing car from drinks cans.

"I have always looked at the bottoms of cans and thought 'That would make a really neat half wheel'.

"The plans for each car take around three or four weeks to complete and then around 80 hours to build each one depending on how detailed they are.

"I actually don't drink much because I spill most of it.

"I drink Coca-Cola, and I like rum, but I have to persuade other people to drink the beer for me, fortunately I get plenty of offers for help there.

"For what may appear to be just one can moving across a bonnet and down around a mudguard there could actually be five or six cans used to create that effect.

"Some of the cars have required over 30 cans for their construction."

Sandy works as an engineering laser cutter in Hamilton, New Zealand, where he lives with his wife Jo.

Man Arrested For Impersonating A Police Officer

Jamie Burch

WKRG NEWS 5

PENSACOLA, Florida - The Escambia County Sheriff's Office arrested a man who was claiming to be one of their own.

Deputies say Michael Gainey walked up to two people outside the Tom Thumb on Cerny Road in Pensacola, said he was from the Escambia Sheriff’s Office and asked them if they had anything illegal in their truck.

When they replied no, Gainey allegedly grabbed one of the victims, insisted he was high and said he was going to “piss test him.” Gainey then went to the passenger side of the truck and began to search the passenger and the vehicle.

Gainey never displayed a badge or presented any Law Enforcement credentials. He was also wearing wearing a green polo shirt, blue jean shorts and flip flops.

The victims gave deputies Gainey's tag number on the Ford Expedition he was driving. Deputies responded to the address from the tag. Gainey, who matched the exact description of the suspect, answered the door.

Gainey was arrested and identified by the victims. Deputies searched Gainey and found marijuana on him. He's charged with Battery, Burglary of a Vehicle, Fraud-Impersonation of a Law Enforcement Officer during the commission of a Felony, possession of marijuana and narcotic equipment.

Bond was set at $54,000.

Wedding in Aisle 9: Tying the Knot at 99 Cents Only Store

Wednesday, Sep. 9 2009 1:12PM

Sometimes a business is met with a kismet of promotional opportunity in an paen to the concept of overdoing it, the 99 Cents Only Store in Hollywood went all out today in honor of the numerical wonder that is 09-09-09 and married nine engaged couples for the cost of 99 cents per couple. The first wedding started at 8:09 a.m. and the couples said "I do" in aisle 9.

Kathy Jacobs, a.k.a. Discount Store Diva, created the décor for the wedding ceremony and reception entirely from store inventory, including a gown made entirely from items found at 99 Cents Only Stores. The couples even got a receipt, in case they needed to make a return.

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Chinese woman spends $600,000 on dog: report

AFP – A woman, identified by only

the surname Wang, poses with her

four-million-yuan (600,000 USD) dog as they …

Sep 8, 2009 5:40 pm US/Mountain

Army Accidentally Grows Pot At Rocky Mt. Arsenal

COMMERCE CITY, Colo. (CBS4)

 

 

A scene from Copter 4

Tuesday of Rocky Mountain Arsenal.

CBS

The Army has made an unusual and unwanted discovery at the Rocky Mountain Arsenal northeast of Commerce City.

They are in charge of cleaning up the arsenal, a job that includes reseeding some areas. When their seed started to grow, they realized it was marijuana.

It isn't commercial grade, but it's still an illegal drug. It's called ditch weed or feral hemp, the kind that grows in the wild in some places.

Charlie Scharmin with the U.S. Army is in charge of the cleanup. He said he was quite surprised when he was told marijuana was growing at the arsenal.

"It's not something you expect in an environmental cleanup job," says Scharmin. "It was a little surprising."

Scharmin says they were finishing containment of two large contamination areas at the former chemical weapons production site. He said they laid down rock and clay, then put vegetation on top.

"The specification is that we acquire weed-free mulch from the supplier," explains Scharmin.

The Army blames the supplier for the snafu. It says it bought the mulch for its ground cover from a supplier in Kansas where the low-grade weed is common. Some of it apparently got mixed in with the grass.

The Army made the first discovery of hemp on the property in June. So far they have picked about 100 plants that Scharmin says are low grade. He says they plan to mow, burn or maybe even have bison who roam on the land eat the rest.

"(The) Fish and Wildlife Service does not seem to have any concern about having bison out there (with the plant present)," Scharmin said.

LINK TO VIDEO:

http://cbs4denver.com/local/Army.Rocky.Mountain.2.1171211.html

In Tampa, robbers show up in bizarre disguises: hospital scrubs, sinks on heads

By Robbyn Mitchell

Times Staff Writer
Thursday, September 10, 2009

Tampa detectives are looking for armed robbers in pawnshop holdups. On Tuesday at the Cash America at 5913 N Armenia Ave., three came into the store wearing hospital scrubs. To see video, go to video.tampabay.com.

TAMPA — Whatever happened to ski masks?

Detectives are searching for a group of robbers with a flair for costuming, according to a release from the Tampa Police Department.

The men have stormed into three north Tampa pawnshops in the last three weeks with creative masks. In one case, one of them was wearing a child safety seat on his head. They've also donned hospital scrubs, and in another case they wore beautician's hair-washing sinks on their heads.

Police say the robberies could be the same group because of the use of props in each case.

According to reports, the most recent robbery on Tuesday at the Cash America Pawn Shop on 5913 N Armenia Ave., went this way:

Three robbers came into the store wearing hospital scrubs, with one of them pointing a semiautomatic pistol.

Employees were ordered to empty cash boxes and jewelry cabinets while customers were forced onto the floor. Then the employees were pushed into another part of the store so the robbers could make off with "high dollar items."

Then all three left the store in a stolen vehicle that was found several blocks away.

The two other robberies, Value Pawn at 5401 N 40th on Aug. 25 and EZ Pawn at 4910 E Busch Blvd. on Aug. 31, followed the same pattern, police say.

While the costumes bring a sense of humor to the crime, police say the robberies are no laughing matter.

"The first thing you think is 'That's funny,' " said Andrea Davis, a spokeswoman for the police. "But in reality, this is a violent crime, and there's nothing funny about it to the victims."

LINK TO STORY AND VIDEO:

http://www.cbsnews.com/blogs/2009/09/02/crimesider/entry5281720.shtml