Oldham County Police officer arrested for having inappropriate contact with a female minor www.privateofficer.com

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Oldham KY Sept 30 2012 An Oldham County Policeofficer has been charged with having inappropriate contact with a female minor.
Harry “Shane” Mosley, 36, of Pendleton, was arrested Fridayand charged with unlawful use of electronics to induce a minor to engage insexual or other prohibited activities, which is a felony. He also is chargedwith first-degree official misconduct and third-degree unlawful transactionwith a minor, both misdemeanors.
The charges came after the juvenile approached the OldhamCounty Police Department on Wednesday after being contacted via text message byMosley, who had told the girl that he was an Oldham Police officer, accordingto a news release.
On Thursday, the girl was contacted again by Mosley, and thecommunications contained “specific, graphic sexual references” and otherillegal and inappropriate communications, the news release stated.
Mosley was taken to the Oldham County Jail, and he has sincebeen released on bond.
He tendered his resignation from the Oldham County PoliceDepartment.
Oldham County Police would not release any furtherinformation due to an ongoing criminal investigation.
Source:Courier-Journal

Tennessee prison escapee captured Wilmington NC mall www.privateofficer.com

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Wilmington, N.C. –Sept 30 2012 Two fugitives wanted in Tennesseewere captured Friday afternoon at Independence Mall in Wilmington but police aren’t saying how theywere able to track them to the area.
Police say Grady Adam Edwards, 36, escaped from a prisonwork crew Thursday.
Another man authorities say was Edwards' accomplice wascaught a short time later.  Policetracked down Kevin Roberson, 32, in the 1900 block of Dawson Street.
Numerous law enforcement agencies including the WilmingtonPolice Department, the Tennessee Department of Corrections and the GreeneCounty Sheriff's Office worked together in capturing the two fugitives. 
Edwards, a non-violent offender walked away from work detailat Northeast Correctional Complex (NECX) Annex located in Roan Mountain,according to Tennessee Department of Corrections (TDOC) spokeswoman CindyDunning. He was a minimum-custody inmate, convicted of burglary andtheft.
Edwards and Roberson are expected to be transported back to Tennessee to facecharges. 

Man stabbed to death at Tennessee State University's 100th homecoming celebration www.privateofficer.com

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Nashville TN Sept 302012 Metro Police responded to a stabbing at the LP Field Saturday duringTennessee State University's 100^th homecoming celebration.
Metro Police Capt. Ben Dicke said there is very littleinformation to go on at this point. He said that the person stabbed had diedand did not release the victim's name.
The male victim was stabbed in the chest, according topreliminary information, Dicke said.
A call for help came through at 8:13 p.m., a dispatcher said.
Police are not saying if they have anyone in custody or knowwho the suspect is.

Scott Harrison: Why Charity Shouldn't Be About Guilt

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Several years ago, Scott Harrison had the sudden realization that his life up to that point had been a sham.

This is where Harrison began his story, as he took the stage at the Inc. 500|5000 Conference. Both his personal story and the story of what his non-profit organization charity:water does (bring clean water to the developing world) was one of the most moving talks of the conference so far and had many entrepreneurs in the audience tearful.

That feeling he described, he told the room, was the result of spending years working in the New York City club scene as a promoter.

"Budweiser paid me $2,000 a month to drink Bud," he said. "Bacardi, the same. I was paid to drink. I did drugs and gambled. I realized on that beach that I was the most emotionally, spiritually, and morally bankrupt person I knew."

What'd he do about it?

"While I was hungover during the day, I started reading the Bible. That was an interesting push and pull," he said, laughing.

It was through this spiritual awaking that Harrison decided to clean up his act. He signed up to volunteer with doctors going to Africa to provide free surgeries to underprivileged people with deformities . A year into this volunteering journey, he found the one underlying issue for so many of these deformities that he could do something about: dirty water. This was the birth of charity:water.

Harrison's visual presentation showed graphic, moving images of the devastation caused by dirty, disease-filled water. Children drinking muddy water from bottles. Mothers struggling to carry huge jugs of water. And even though the message was serious, Harrison had a knack for lightening his serious message with a joke here and there.

From an entrepreneurial standpoint, he had an early guiding principle.

"I knew from the beginning that this couldn't be about guilt. You can't guilt people to give," he said. "It had to be about opportunity. I had to find a way to get real people, selfish people like me, to invest in this cause."

Harrison revealed to the crowd the three things he set out to do with this charity--all of which, he says, most charities lack.

1. Find a way to give 100 percent of the profits to the actual cause.

2. Proof: Make it completely transparent where the money goes.

3. Build a brand.

Today, having met those three objectives, the organization has funded 4,200 water projects with over $40 million in donations. He's convinced not only everyday people to donate money, but huge brands like Saks Fifth Avenue to help out in some way. For more information about how you can donate (which Harrison encouraged the crowd to do), check out their website.

Source: http://www.inc.com/staff-blog/scott-harrison-why-charity-shouldnt-be-about-guilt-.html

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Starting up Young? Don't Drop Out

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Want to be the next Mark Zuckerberg? Here's one way you shouldn't follow in his footsteps, writes venture capitalist Brad Feld.

College is generally considered a time to expand your horizons, learn to live on your own, have a ton of fun, and even, perhaps, learn a little something. But are your undergraduate years also the best time to getting started on building a business?

The counter-arguments to this idea seem obvious. Students are generally short of money and have no lack of other demands on their time (though, let's be honest, plenty of college kids aren't exactly getting up at the crack of dawn to hit the books or spending every waking hour working). Classes aren't generally directly relevant to entrepreneurship. But at least one expert on starting businesses feels the case for beginning your start-up life in college outweighs the downsides.

Writing on his blog recently, venture capitalist Brad Feld claimed your years getting a degree are the perfect time to start experimenting with starting a business. Why? He quotes a line he heard from a mentor-in-residence at UM Tech Transfer:

"College is like a sandbox if you are an entrepreneur," he writes. "Falling down doesn't hurt much."

This thinking takes the initial objection to college kids starting businesses—that they don’t have many resources—and turns it on its head. Students might not be swimming in cash or connections, but the very fact that they aren’t established yet in full lives with mortgages, kids and car payments is actually a huge advantage, according to Feld, who reflected on the sandbox analogy in his post:

This made me think of a brilliant phrase from Alex White, the CEO of Next Big Sound, in his TechStars Demo Day pitch. I can't remember where in the presentation it was but Jason reminded me that one of Alex's great moments was when he said something like "We don't need to raise much money because we are cheap to keep alive."

Feld also notes that this very sense of not being weighed down with much in the way of responsibilities or expectations is great for creativity and the willingness to fail:

The level of enthusiasm and optimism among the people we met with was phenomenal. Their willingness and interest in learning and trying new stuff was apparent. And their understanding that plenty of things wouldn’t work, but they wouldn’t learn if they didn't try, was front and center.

College for many (although by no means all) of us is a privileged, low-expense time when parents help out with feeding and housing us and our lifestyle expectations are modest. Why not take advantage of the time and freedom that buys you to make some of the initial mistakes and learn some of the valuable lessons entailed in becoming an entrepreneur?

Feld obviously isn't the only member of the start-up community encouraging young people to get their hands dirty early. PayPal co-founder Peter Thiel made a lot of waves earlier this year with his 20 Under 20 program, encouraging students to drop out of school to start businesses with $100,000 he'd invested in their ideas. But Feld is perhaps more unusual in not calling college a waste of time for entrepreneur hopefuls, but essentially a great practice ground for them to hone their skills while they combine study and business.

What do you think, is college a great time to start experimenting with entrepreneurship (check out our Coolest College Start-ups package for inspiration!), or should you just be studying instead?

Source: http://feedproxy.google.com/~r/inc/channel/start-up/~3/eLzfOtwjmC4/dont-drop-out-of-college-a-vc-advises.html

QIMONDA posted business economy

Minden Grills 94922-89460-1 Deluxe Ceramic Pizza Stone

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Emile Henry Flame Top Pizza Stone, Figue

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Masterbuilt 20070910 30-Inch Electric Smokehouse Smoker, Black

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King Kooker 2607 Outdoor Chef's Smoker/Oven/Stove

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Mike Boylson Leaves Penney's

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by David Moin
From WWD Issue 07/18/2011

J.C. Penney Co. Inc.’s marketing team has experienced a string of departures, among them its top official, Mike Boylson, executive vice president and chief marketing officer.

Boylson’s exit has raised speculation that incoming chief executive officer Ron Johnson has already begun cleaning house at Penney’s. Johnson is expected to bring a lot of change to the business, just as he did at Apple, where as senior vice president of retail he orchestrated the brand’s fast-paced, innovative and highly productive retail strategy from its inception in 2001 to more than 300 stores currently in the U.S. and abroad.

Boylson left Penney’s at the beginning of July, though Penney’s did not announce his departure despite his stature and long history there. Boylson joined the retailer as a management trainee in 1978, rose up the ranks to store manager, district manager, vice president and director of marketing planning and promotions, and finally executive vice president in April 2003. He oversaw a huge, high-profile marketing program with an annual advertising budget estimated at around $1 billion.

Two other marketing executive also recently left Penney’s: Nick Bomersbach, vice president of marketing for jcpenney.com and a 10-year veteran of Penney’s, and Christine Laczai, director of digital marketing who has been with Penney’s for two years and previously worked with VF Corp.

In confirming Boylson’s departure Friday, Penney’s said it has begun a search for Boylson’s successor. “Mike Boylson informed J.C. Penney in early June of his intention to retire on July 1,” a Penney’s spokeswoman said. It’s expected that Penney’s will hold off on filling the other vacancies until a new executive vice president of marketing is determined. Bill Gentner, Penney’s senior vice president of marketing planning and promotions, is acting as interim chief marketing officer.

Johnson joins Penney’s board on Aug. 1. and becomes ceo in November but has already been getting his feet wet. He accompanied Penney’s current ceo and chairman, Myron E. “Mike” Ullman 3rd, to Hong Kong for the chain’s annual supplier summit, where key suppliers learn about the state of Penney’s business and long-range plans.

In addition to making organizational changes, Johnson is expected to drive Penney’s Web presence, introduce new products and get the Penney’s team to think differently. Penney’s close to $18 billion in sales last year is still under prerecession volumes, but the company has the potential for growth and for elevating its image to attract younger customers. Johnson was lured to Penney’s by the prospect of reinventing another slice of retail, just as he did with the technology sector, and by the opportunity to be the top gun at a multi-billion dollar corporation.

Brooklyn Lease Negotiations Continue For Walmart, Penney's

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Wall Street Journal
By Eliot Brown and Joseph De Avila

The Related Cos. is in advanced lease negotiations with Wal-Mart Stores Inc. and J.C. Penney Co. about anchoring a mall in southeast Brooklyn, according to people familiar with the matter.

Wal-Mart has long been considering the site overlooking the Belt Parkway just west of Howard Beach. But talks have intensified in recent months as the company has expanded a publicity campaign and taken steps to mollify potential critics, the people said.

The outlook for the 630,000-square-foot development—which would accomplish Wal-Mart's longtime goal of opening a location in the city—was boosted by J.C. Penney's strong interest. The combination of the two large stores would likely give the project sufficient financial viability to move forward despite the uncertainties that continue to cloud the slowly recovering economy.

J.C. Penney, which was based in Manhattan for about seven decades before moving to Texas, already has stores in all four other boroughs. But Wal-Mart doesn't, and its possible entry into the city has sparked strong opposition from labor unions, community groups and some elected officials.

Hurdles to Wal-Mart's beachhead remain. For starters, Related has yet to finalize a purchase of a portion of the site from the state, the price for which has come under criticism from Wal-Mart opponents.

But the project doesn't require further approval by the City Council, typically a major obstacle for developers. Given a 2009 rezoning, Related is free to build any big-box store on the site once it takes control.

Representatives for Wal-Mart, J.C. Penney and Related declined to comment on lease negotiations. "We still have not signed any leases anywhere in the city," Steven Restivo, a spokesman for Wal-Mart, said last week. "We continue to evaluate opportunities across the five boroughs."

Wal-Mart and J.C. Penney would take around 150,000 square feet each in the planned Gateway Center II mall, according a person familiar with discussions. The project would sit just north of Related's Gateway Center mall, which was completed in 2002 and houses a Target and a Best Buy.

Wal-Mart, which has unsuccessfully sought to break into the New York market in the past, has been investing considerable resources in an attempt to pave the way for an entrance over the objections of a powerful set of unions and elected officials.

Two labor groups, the United Food and Commercial Workers and the Retail, Wholesale and Department Store Union, have been particularly aggressive in combating Wal-Mart, which has long been opposed to a unionized work force. They are joined by elected officials including Council Speaker Christine Quinn and community groups worried about the giant discounter's impact on local merchants.

To counter the critics, Wal-Mart has launched a public-relations campaign to tout the retailer's virtues through fliers and newspaper and radio ads.

In the first four months of the year alone, Wal-Mart spent more than $1.7 million on consultants, most of which was directed at firms that do advertising and polling, according to lobbying records.

Earlier this month, the company announced a $4 million donation to a New York City job program at a news conference with Mayor Michael Bloomberg. Wal-Mart also recently signed up as a $150,000 sponsor for a summer concert series hosted by Brooklyn Borough President Marty Markowitz that includes performances by such artists as Queen Latifah.

The sponsorship drew praise from Mr. Markowitz, who has been critical of Wal-Mart in the past. In a statement on Sunday, he said he isn't "philosophically" opposed to Wal-Mart, but declined to comment on Related's plans. He said he believes the retailer should pay "a fair wage" and allow workers to unionize.

The push seems to have created a sense of inevitability among many elected officials, particularly given that the company has said it only intends to take space in stores where City Council approval isn't necessary, making it difficult to block. Earlier this year, Wal-Mart also won some labor support by signing a five-year contract with the Building and Construction Trades Council of Greater New York that guarantees that any of the company's store construction would be done with union labor.

Even Ms. Quinn, a vocal Wal-Mart critic, earlier this year offered to broker a deal between the company and the Hunts Point Terminal produce market. Under the deal, Wal-Mart would have committed to buying at least 5% of its produce from the market, although talks fizzled.

Aides to Ms. Quinn last week downplayed the potential deal and said Ms. Quinn hasn't changed her position on Wal-Mart and that she continues to oppose the company coming to New York.

Critics of the possible Wal-Mart Brooklyn development have recently stepped up efforts to block Related's purchase from the state of a 21-acre piece of the mall site. Related already controls the rest.

Last week, critics released a state memorandum from the Office of General Services that detailed how Related had renegotiated the purchase price for the state-owned land. The price was reduced in 2010 to $14.5 million from the $32.5 million it agreed to pay in 2009.

According to the memo, the price was changed partly because of an appraisal that showed a lower value for the site. Also, Related had been counting on at least $7.5 million in expected government incentives that proved unavailable. The mall is part of a larger 227-acre development that includes low-income housing, retail and parkland.

"The Gateway 2 development will expand on the enormously successful project that has already brought great economic benefits to this area," creating thousands of jobs, said Joanna Rose, a spokeswoman for Related, last week.

The land sale must be approved by state agencies and the state comptroller. A spokesman for the comptroller's office said last week that it hadn't yet received the proposal.

JLo, Anthony Lines Will Continue At Kohl's

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Wall Street Journal
By Karen Talley

Singer and actress Jennifer Lopez remains committed to launching a clothing line at Kohl's Corp. with husband Marc Anthony despite recently announced plans to divorce.

Mark Young, Ms. Lopez's publicist, said the Kohl's launch in September "will proceed as planned." Mr. Young called Ms. Lopez's line "distinctive" and said it represents style in an accessible way.

The star couple announced over the weekend plans to split after seven years of marriage, and retail-industry watchers said it is bad timing for the planned apparel rollout. Over the weekend, after the couple's announcement, Kohl's also said the launch would continue and that the lines can stand by themselves.

"The Jennifer Lopez and Marc Anthony brands have always been positioned as two separate, distinctive collections," a spokeswoman for Kohl's said.

The retailer calls the lines the largest launch of exclusive merchandise in the company's 49-year history. Kohl's has been talking up the lines and planning a big publicity push as the retailer looks for the brands to boost sales.

The lines will encompass virtually every merchandise category that Kohl's carries. The brands will be a move by the department-store chain to step up its so-called aspirational, or higher-quality, offerings.

The products, with Ms. Lopez taking a big hand in the women's offerings and Mr. Anthony involved in the men's, were expected to be promoted around their lifestyles and publicized together.

"These kinds of situations create consumer disappointment and disengagement with the celebrity," said Robert Passikoff, founder of Brands Keys, a brand-consulting firm. "Right now, Kohl's has to go through with it. They have made an investment in the merchandise and the licensing fees."

In good news for Kohl's in terms of the couple shooting for an amicable divorce, they have said they will go through with their Latin talent-search show. "The best thing [Kohl's] can do is sit very quietly and hope there is no more bad news about Marc or Jennifer," Mr. Passikoff said.

New Chairman To Head Zara's Parent Company

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by Barbara Barker
From WWD Issue 07/19/2011

Inditex will today enter a new era.

The parent company of Zara, Europe’s largest apparel retailer, will today see a change in management when chairman and founder Amancio Ortega, dubbed “the inventor of the Zaravolution,” steps down and hands the reins to Pablo Isla, who had been the group’s chief executive officer and deputy chairman since 2005.

But while the 75-year-old immensely secretive and low-key Ortega may be stepping down, he is hardly out — especially since he still controls the majority of the company’s shares. “Nothing has changed. He still controls the company and he still has a lot to say — and nobody doubts that he will say it,” said Sofía Vázquez, a reporter for La Voz de Galicia, a regional newspaper in the north of Spain, which is the company’s home base.

“Amancio is making another smart move, preparing for the future with similar logic and the same intelligence he has always used to run the company, but I think he’ll remain very close by,” added Linda Heras, international development director of Roberto Verino, a high-end apparel label and geographical neighbor.

Inditex operates 5,154 stores in 78 countries, with net profits of 1.73 billion euros, or $2.29 billion at average exchange, for the 2010 fiscal year on sales of 12.5 billion euros, or $16.5 billion. With eight chains led by Zara, Ortega’s empire has a workforce of roughly 100,000.

Under Isla’s watch, Inditex rolled out more than 2,800 stores with the top priorities being expansion in Asia and Eastern Europe, as well as growing e-commerce.

Pending shareholder approval, Isla will receive a hefty block of shares, worth 13.7 million euros, or $19.6 million at current exchange, as “a welcome gift” from Ortega, a company source confirmed.

About his succession, Isla said, “It is not a drastic move and there won’t be any major changes. I feel enormous responsibility and motivation to strengthen Inditex, and it’s the right moment. The transition will be smooth and very natural.”

Outside Inditex’s corporate inner sanctum, little is known about Ortega except that he’s the richest man in Spain — and the seventh richest (up two notches over last year) in the world, with a net worth of $31 billion, Forbes reported in March. His fortune includes Inditex stock — he has maintained a 59.3 percent stake in the company since it went public in 2001 — and luxury real estate projects in the U.S., Florida in particular, and in such major European cities as London, Paris, Lisbon, Berlin, Madrid and Barcelona. He has additional investments in banks, gas and tourism and owns a horse-jumping circuit and a soccer league.

Ortega is not much for fanfare and personal public relations is not in his DNA. He’s been quoted as saying, “Talk about my company, but not about me,” and he rarely appears in public.

One of the few to penetrate company walls is avant-garde Spanish artist Alicia Framis, whose filmed performance “Secret Strike — Inditex” (2006) chronicled a day in the life of Zara. “Inditex employees were very involved in the film,” Framis said. “Everybody wanted to be a part of it — except Amancio Ortega.”

Ortega’s is a rags-to-riches story. In the early Sixties, he came up with the idea of making basic garments like housecoats and underwear cheaper than anyone else. Production took place on his kitchen table, and the first item cut from cardboard patterns was a quilted pink robe with blue piping. In 1975, he opened his first store here, selling bathrobes for about 50 cents each.

Working from the age of 13 in local men’s wear shops, he had little formal education. “I couldn’t work and study at the same time; it’s that simple. My university was my profession. I wanted to be a different kind of impresario, one with a social conscience,” he told Covadonga O’Shea, onetime director of Spain’s prestigious fashion magazine Telva, in an authorized biography published in 2008.

“His success has not changed him,” O’Shea said. “His values are the same; he’s humble, affectionate, generous, and he loves the people he works with.”

Ortega lives with his second wife, Flora Pérez Marcote, in an apartment in La Coruña, an unpretentious seaside town about six miles from Inditex’s headquarters in the industrial zone of Arteixo. He doesn’t speak English and, according to an employee, “he’s approachable and into everything. He lives the product,” she said.

It remains to be seen how involved Ortega will be in the company he founded, now that Isla is taking over. But the next generation of the Ortega family already is involved: The founder’s youngest daughter, Marta Ortega, was last fall brought into company headquarters, and although she has no concrete job, department or title, she’s in on all major decision making. An Inditex spokesman said her arrival and the pending management succession are unrelated, however. “She will continue her training program, a mix of creative and commercial activities, within the group and, logically [as Ortega’s daughter], she’ll have a role but so far she isn’t officially involved in the company. We don’t know anything about her future.”

Prior to Isla’s promotion, Marta Ortega was considered the heir apparent, and she’s been well groomed for it. With a degree in business administration from London’s European Business School, she speaks four languages — including English, French and Italian — and to date has interned for company stores in London and Paris, with office stints in Asia and Barcelona.

In private, she is an accomplished equestrian, taking part in international competitions with rider-boyfriend Sergio Alvarez Moya — and as socially shy as her father.

120' Glulam Poles

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Last week, we blogged about preparing to glue 120' utility poles. Here are some more photos showing our team gluing and finishing those poles.

To the left is a dramatic photo showing the boards set-up on carts behind our glue spreader, waiting for glue.
To the right is a photo of a pole in our finishing department. The finishing team cut the pole to a taper using a band saw and also drilled through it.

The photo below shows the view from the bottom of the pole down its length.

Traffic stop turns up three kids and dog locked in trunk of car www.privateofficer.com

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BOTHELL, Wash.Sept 272012 -- The Washington State Patrol says a trooper found three children anda dog locked in the trunk of a car. The discovery was made during a traffic stop on I-405 in thearea of Canyon Park. 
Sunday morning a trooper pulled over a car driving on 405for a routine traffic stop or at least it all seemed routine at first.
The driver, Anna Boyle, had been going 77 in the 60 mile perhour zone. When the trooper turned on his lights the car kept driving for halfa mile before it stopped.
When the trooper walked up to the car he said there was thedistinct smell of marijuana.
But he also heard a sound described as a thumping. It wasthree kids, an 8-year-old girl and a pair of boys 7 and 5. They were in thetrunk with the family dog.
Troopers say that Boyle and her fiance Aaron Johnson neversaid their children were in the trunk and when the little one's were found theyclaimed they climbed in.
But troopers say there were no car seats and no room for thechildren, who fortunately were found in time.
"At this point their health and welfare is what concernwe want to get them to a safe place. As a trooper that is gratifying rightthere...that is what lets me sleep at night to do something like that,"said Trooper Keith Leary.
Troopers say the kids said they hadn't eaten since the nightbefore. A sergeant went and bought them lunch before they were turned over tochild protective services, and the mom and her fiance were carted off to jail.
source-king5

Former Rock Hill mayoral candidate arrested for rape www.privateofficer.com

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Rock Hill SC Sept 272012 A former Rock Hill mayoral candidate arrested last month as a fugitivewhen DNA implicated him in the unsolved 1986 rape of a woman in Miami, Fla.,faces life in prison if prosecutors can prove he indeed committed the crime.
State prosecutors have filed formal charges against BaxterTisdale, 50, who has been in a Miami jail sincehe was extradited from Rock Hill,accused of raping a woman at knife-point on Feb. 18, 1986.
For more than 25 years, Miami investigators say, the rape remainedunsolved until they began combing through cold case files and compared DNAsamples against the Federal Bureau of Investigation’s DNA database. Tisdale’sDNA turned up a match for the unsolved sexual assault, police say, and he wasarrested at his Walnut Streethome on Aug. 14.
Officials charged Tisdale with two counts of armed sexualbattery, burglary with an assault and battery while armed, and armed robberywith a weapon, said Terry Chavez, spokeswoman for the Miami-Dade County officeof the state attorney.
All four charges are felonies, Chavez said, and carrypossible life sentences.
According to detectives and a court affidavit, Tisdale isalleged to have broken into a woman's home and raped her while her infant sonslept in the same bedroom. During the assault, records allege, he covered the21-year-old woman's eyes and placed a knife to her throat, then took money fromher purse.
The affidavit alleges Tisdale placed a pillow over thewoman’s head before he assaulted her twice.
“Every time he did something to her, we charged it as aseparate incident in the same case,” Chavez said.
Tisdale’s trial is set for Oct. 22, Chavez said, “unless bysome miracle he pleads guilty.” That date could change, she said, given Miami’s high number ofcases.
In May 2009, officials arrested Tisdale after his DNAmatched swabs collected from an April 30, 1986, rape in the same Miami, Fla.neighborhood as the February rape.
Police spoke with the victim and allowed her to view aphotograph of Tisdale, said Miami Detective William Nadramia, who investigatedthe case. She identified him as someone she knew from her neighborhood.Officials charged Tisdale with sexual battery and burglary.
Tisdale remained in a Miamijail for almost two years until the case against him was dismissed, Nadramiasaid, when the victim "didn't follow through with the state attorney'soffice for prosecution."
A month after his release, Tisdale sued the Miami-DadePolice Department, two prosecutors, Miami-Dade County and Nadramia, whom heaccused of coercing the victim into identifying him in a photo lineup.
Tisdale's lawsuit demanded $50 million in punitive damages;$5 million for false arrest, false imprisonment, malicious prosecution, mentalanguish and defamation; and $44,100 for lost wages.
The suit was dismissed in June 2011 when Tisdale failed toserve the complaint in compliance with federal regulations.
Source-www.charlotteobserver.com

Detroit teenager gets prison for murder of church security officer www.privateofficer.com

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Detroit MI Sept 272012 A Detroit teen will spend at least 12 to 30 years in prison inconnection with the May shooting death of an 84-year-old church security guardin Detroit.
Anthony Williams was sentenced today in Wayne County CircuitCourt in connection with the shooting death of guard Joseph Lewis Jr. May 9 ina Tireman parking lot a mile west of I-96. Williams, then 15, was ordered toserve 12 to 30 years on a second-degree murder charge, plus two years on afelony firearm offense.
Lewis, who worked security for a number of Detroit churches over the years, was watchingparishioners’ cars during Wednesday night Bible study at Victory Way AssemblyChurch of God in Christ when he was shot. Police said Williams and 18-year-oldAlandre Boone of Detroitapproached him. Investigators say a struggle ensued and a gun carried byBoone went off. Boone is scheduled to be sentenced on Oct. 2.

Federal agents arrest senior New York State parole officer on charges he allegedly possessed and shared child pornography www.privateofficer.com

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Long Island NY Sept 27 2012 Federal agents arrested a senior New York State paroleofficer at his Bethpage home on Tuesday oncharges he allegedly possessed and shared child pornography.
James Leone is a senior parole official, whose dutiesinclude commanding officers who supervise paroled sex offenders. According to acriminal complaint unsealed Tuesday, Leone possessed videos of minor childrenengaged in sexually explicit and lewd conduct.
Leone appeared in U.S. District Court on Tuesday, where ajudge ordered his service firearm confiscated. Leone was released on$500,000.00 bond, but is limited to home confinement and subject to electronicmonitoring.
In early September, Leone was netted in an undercoveroperation, which revealed he accessed a peer-to-peer sharing site, known totraffic pornographic images of minors. Investigators obtained a search warrantlast week to search Leone’s computer.
In the criminal complaint filed, a Department of HomelandSecurity investigator detailed the images found on Leone’s computer, whichinclude children being sexually abused by adults. Investigators from the NewYork State Inspector General’s Office assisted in the investigation.
Leone allegedly told investigators he downloaded between 10and 15 videos of child pornography in the last year, according to reports.
A spokesperson for the New York State Department ofCorrection, which oversees parole officers, said Leone was first hired as aparole officer in 1994. He was promoted to senior parole officer in 2001, wherehe worked in New York City.In 2005, Leone was transferred to the Long Islandoffice.
Leone, who according to payroll records earned $90,946.00 in2010, has been suspended from his executive position.
Source:Examiner

TN. police search for two missing children initially believed to have perished in intense house fire www.privateofficer.com

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Bedford TN Sept 272012 Two children initially believed to have perished in an intenseTennessee farmhouse fire along with their step-grandparents are now consideredmissing and perhaps in danger, investigators said on Wednesday.
The Tennessee Bureau of Investigation said the remains of9-year-old Chloie Leverette and 7-year-old Gage Daniel were not found and theagency issued an endangered child alert for them on Wednesday afternoon.Investigators said neighbors last saw the children Sunday evening, hours beforea fire destroyed the home in Bedford County about 40 miles southeast ofNashville.
TBI spokeswoman Kristin Helm said the district attorneyasked the agency to investigate the fatal fire and the whereabouts of thechildren. She said there is no evidence yet that the children were not in thehouse, but investigators are speaking with family members, friends and peopleat the children's school.
Helm said TBI issued the alert "under an abundance ofcaution."
"As time moves on, we don't want to miss ouropportunity to locate them if they were not in the house," Helm said.
The State Fire Marshal's Office said in a statement that ithas concluded "that there are no remains of the two children in thestructure. The children's location at this time is unknown." Itsinvestigators will determine a cause.
Bedford County Sheriff Randall Boyce said investigators didfind the bodies of 72-year-old Leon"Bubba" McClaran and his 70-year-old wife, Molli McClaran. He saidMonday that investigators had found three bodies, but now says one turned outto be that of a dog.
Helm confirmed that the remains of two people and an animalwere recovered in the house, but she said the medical examiner would have topositively identify them.
The fire was very intense and quickly collapsed the walls ofthe house. Firefighters spent several hours battling the flames overnightSunday and early Monday, but they were hindered because the house sat far backfrom the road and was not near a hydrant.
Forensic anthropologists and cadaver dogs searched throughthe rubble for the remaining bodies and the Tennessee Highway Patrol used ahelicopter to search the surrounding area.
Even in an intense fire, some bones and teeth should remain,although finding them may be extremely difficult, said Dr. William Bass, whofounded the Body Farm research facility at the Universityof Tennessee in Knoxville, where researchers study thedecomposition of corpses in a variety of circumstances to aid scientific andcriminal research.
"When you cremate a body in a crematorium, and it iscooling down, when you open the door, you can still identify the bones even ifthey are children," he said.
A child's skeleton contains many more bones than an adultskeleton, and bones and teeth shrink in size when exposed to fire, so the bonesthe investigators are looking for could be only a couple of inches long, hesaid.
Family members told The Associated Press that the McClaranswere raising their step-grandchildren because they needed a home and describedthem as generous people who loved their family. Relatives of the McClarans saidthe girl also used the last name Pope.
The state Department of Children's Services investigated themother of the two children and Daniel's father between 2006 and 2010, saidspokesman Brandon Gee. Gee would not release the names of the parents.
He would not say why the parents were investigated, but saidthe agency was sharing information with law enforcement involved in theirsearch. He confirmed that the McClarans had custody of the two children, but hesaid DCS has never taken custody of them nor placed them in a home.

Target To Add Gwen Stefani Line

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by Sharon Edelson
From WWD Issue 07/18/2011

Target is partnering with Gwen Stefani to give babies, children and tweens an affordable taste of Stefani’s Japanese anime-inspired sensibility with Harajuku Mini. The brand, which will be introduced in Target stores and on target.com in November, with additional deliveries planned, is a takeoff of Stefani’s successful Harajuku Lovers young contemporary apparel and accessories collection and Harajuku Lovers fragrance.

Prices for the fashion-forward Harajuku Mini collection range from $3.99 to $29.99.

“Harajuku Mini is a dream come true,” said Stefani. “I’ve always wanted to do a cool children’s fashion line inspired by the supercute and playful kid’s clothing you find in Japan. The whole idea is about being creative, expressing your own individuality and having fun getting dressed. Target has given me the creative freedom to design kid’s clothing that is different than most anything you usually see out there with great quality, attention to detail and most of all, available at amazing prices.”

Stefani is a bona fide style influencer. Her upscale L.A.M.B. collection has been successful since its 2004 launch, according to retailers. She also designs accessories and footwear. The Harajuku Lovers fragrance quintet was considered a blockbuster when it bowed in 2008. And Stefani keeps her franchises fresh by developing new artwork and graphics. Harajuku Lovers has a sense of fun and whimsy with a Pop Art aesthetic.

“Gwen is a creative force and her ability to create fun, wearable fashion made her an ideal partner for Target,” said Trish Adams, senior vice president of apparel and accessories, Target.

Calypso St. Barth for Target, a limited-time collection that launched in May, offered apparel for babies and girls. Other collaborations for the younger set have included Petit Tresor for Target, Appaman for Target and Little Seed for Target. However, most of Target’s designer partnerships, including Rodarte, Zac Posen and Thakoon, have been in the juniors arena. “Our strategy of differentiation isn’t exclusive to our more mature guests,” said a Target spokesman. “We like to put the icing on the cake for all our guests. That is the fun, the flavoring of the assortment.”

Mike Boylson Leaves Penney's

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by David Moin
From WWD Issue 07/18/2011

J.C. Penney Co. Inc.’s marketing team has experienced a string of departures, among them its top official, Mike Boylson, executive vice president and chief marketing officer.

Boylson’s exit has raised speculation that incoming chief executive officer Ron Johnson has already begun cleaning house at Penney’s. Johnson is expected to bring a lot of change to the business, just as he did at Apple, where as senior vice president of retail he orchestrated the brand’s fast-paced, innovative and highly productive retail strategy from its inception in 2001 to more than 300 stores currently in the U.S. and abroad.

Boylson left Penney’s at the beginning of July, though Penney’s did not announce his departure despite his stature and long history there. Boylson joined the retailer as a management trainee in 1978, rose up the ranks to store manager, district manager, vice president and director of marketing planning and promotions, and finally executive vice president in April 2003. He oversaw a huge, high-profile marketing program with an annual advertising budget estimated at around $1 billion.

Two other marketing executive also recently left Penney’s: Nick Bomersbach, vice president of marketing for jcpenney.com and a 10-year veteran of Penney’s, and Christine Laczai, director of digital marketing who has been with Penney’s for two years and previously worked with VF Corp.

In confirming Boylson’s departure Friday, Penney’s said it has begun a search for Boylson’s successor. “Mike Boylson informed J.C. Penney in early June of his intention to retire on July 1,” a Penney’s spokeswoman said. It’s expected that Penney’s will hold off on filling the other vacancies until a new executive vice president of marketing is determined. Bill Gentner, Penney’s senior vice president of marketing planning and promotions, is acting as interim chief marketing officer.

Johnson joins Penney’s board on Aug. 1. and becomes ceo in November but has already been getting his feet wet. He accompanied Penney’s current ceo and chairman, Myron E. “Mike” Ullman 3rd, to Hong Kong for the chain’s annual supplier summit, where key suppliers learn about the state of Penney’s business and long-range plans.

In addition to making organizational changes, Johnson is expected to drive Penney’s Web presence, introduce new products and get the Penney’s team to think differently. Penney’s close to $18 billion in sales last year is still under prerecession volumes, but the company has the potential for growth and for elevating its image to attract younger customers. Johnson was lured to Penney’s by the prospect of reinventing another slice of retail, just as he did with the technology sector, and by the opportunity to be the top gun at a multi-billion dollar corporation.

Brooklyn Lease Negotiations Continue For Walmart, Penney's

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Wall Street Journal
By Eliot Brown and Joseph De Avila

The Related Cos. is in advanced lease negotiations with Wal-Mart Stores Inc. and J.C. Penney Co. about anchoring a mall in southeast Brooklyn, according to people familiar with the matter.

Wal-Mart has long been considering the site overlooking the Belt Parkway just west of Howard Beach. But talks have intensified in recent months as the company has expanded a publicity campaign and taken steps to mollify potential critics, the people said.

The outlook for the 630,000-square-foot development—which would accomplish Wal-Mart's longtime goal of opening a location in the city—was boosted by J.C. Penney's strong interest. The combination of the two large stores would likely give the project sufficient financial viability to move forward despite the uncertainties that continue to cloud the slowly recovering economy.

J.C. Penney, which was based in Manhattan for about seven decades before moving to Texas, already has stores in all four other boroughs. But Wal-Mart doesn't, and its possible entry into the city has sparked strong opposition from labor unions, community groups and some elected officials.

Hurdles to Wal-Mart's beachhead remain. For starters, Related has yet to finalize a purchase of a portion of the site from the state, the price for which has come under criticism from Wal-Mart opponents.

But the project doesn't require further approval by the City Council, typically a major obstacle for developers. Given a 2009 rezoning, Related is free to build any big-box store on the site once it takes control.

Representatives for Wal-Mart, J.C. Penney and Related declined to comment on lease negotiations. "We still have not signed any leases anywhere in the city," Steven Restivo, a spokesman for Wal-Mart, said last week. "We continue to evaluate opportunities across the five boroughs."

Wal-Mart and J.C. Penney would take around 150,000 square feet each in the planned Gateway Center II mall, according a person familiar with discussions. The project would sit just north of Related's Gateway Center mall, which was completed in 2002 and houses a Target and a Best Buy.

Wal-Mart, which has unsuccessfully sought to break into the New York market in the past, has been investing considerable resources in an attempt to pave the way for an entrance over the objections of a powerful set of unions and elected officials.

Two labor groups, the United Food and Commercial Workers and the Retail, Wholesale and Department Store Union, have been particularly aggressive in combating Wal-Mart, which has long been opposed to a unionized work force. They are joined by elected officials including Council Speaker Christine Quinn and community groups worried about the giant discounter's impact on local merchants.

To counter the critics, Wal-Mart has launched a public-relations campaign to tout the retailer's virtues through fliers and newspaper and radio ads.

In the first four months of the year alone, Wal-Mart spent more than $1.7 million on consultants, most of which was directed at firms that do advertising and polling, according to lobbying records.

Earlier this month, the company announced a $4 million donation to a New York City job program at a news conference with Mayor Michael Bloomberg. Wal-Mart also recently signed up as a $150,000 sponsor for a summer concert series hosted by Brooklyn Borough President Marty Markowitz that includes performances by such artists as Queen Latifah.

The sponsorship drew praise from Mr. Markowitz, who has been critical of Wal-Mart in the past. In a statement on Sunday, he said he isn't "philosophically" opposed to Wal-Mart, but declined to comment on Related's plans. He said he believes the retailer should pay "a fair wage" and allow workers to unionize.

The push seems to have created a sense of inevitability among many elected officials, particularly given that the company has said it only intends to take space in stores where City Council approval isn't necessary, making it difficult to block. Earlier this year, Wal-Mart also won some labor support by signing a five-year contract with the Building and Construction Trades Council of Greater New York that guarantees that any of the company's store construction would be done with union labor.

Even Ms. Quinn, a vocal Wal-Mart critic, earlier this year offered to broker a deal between the company and the Hunts Point Terminal produce market. Under the deal, Wal-Mart would have committed to buying at least 5% of its produce from the market, although talks fizzled.

Aides to Ms. Quinn last week downplayed the potential deal and said Ms. Quinn hasn't changed her position on Wal-Mart and that she continues to oppose the company coming to New York.

Critics of the possible Wal-Mart Brooklyn development have recently stepped up efforts to block Related's purchase from the state of a 21-acre piece of the mall site. Related already controls the rest.

Last week, critics released a state memorandum from the Office of General Services that detailed how Related had renegotiated the purchase price for the state-owned land. The price was reduced in 2010 to $14.5 million from the $32.5 million it agreed to pay in 2009.

According to the memo, the price was changed partly because of an appraisal that showed a lower value for the site. Also, Related had been counting on at least $7.5 million in expected government incentives that proved unavailable. The mall is part of a larger 227-acre development that includes low-income housing, retail and parkland.

"The Gateway 2 development will expand on the enormously successful project that has already brought great economic benefits to this area," creating thousands of jobs, said Joanna Rose, a spokeswoman for Related, last week.

The land sale must be approved by state agencies and the state comptroller. A spokesman for the comptroller's office said last week that it hadn't yet received the proposal.

JLo, Anthony Lines Will Continue At Kohl's

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Wall Street Journal
By Karen Talley

Singer and actress Jennifer Lopez remains committed to launching a clothing line at Kohl's Corp. with husband Marc Anthony despite recently announced plans to divorce.

Mark Young, Ms. Lopez's publicist, said the Kohl's launch in September "will proceed as planned." Mr. Young called Ms. Lopez's line "distinctive" and said it represents style in an accessible way.

The star couple announced over the weekend plans to split after seven years of marriage, and retail-industry watchers said it is bad timing for the planned apparel rollout. Over the weekend, after the couple's announcement, Kohl's also said the launch would continue and that the lines can stand by themselves.

"The Jennifer Lopez and Marc Anthony brands have always been positioned as two separate, distinctive collections," a spokeswoman for Kohl's said.

The retailer calls the lines the largest launch of exclusive merchandise in the company's 49-year history. Kohl's has been talking up the lines and planning a big publicity push as the retailer looks for the brands to boost sales.

The lines will encompass virtually every merchandise category that Kohl's carries. The brands will be a move by the department-store chain to step up its so-called aspirational, or higher-quality, offerings.

The products, with Ms. Lopez taking a big hand in the women's offerings and Mr. Anthony involved in the men's, were expected to be promoted around their lifestyles and publicized together.

"These kinds of situations create consumer disappointment and disengagement with the celebrity," said Robert Passikoff, founder of Brands Keys, a brand-consulting firm. "Right now, Kohl's has to go through with it. They have made an investment in the merchandise and the licensing fees."

In good news for Kohl's in terms of the couple shooting for an amicable divorce, they have said they will go through with their Latin talent-search show. "The best thing [Kohl's] can do is sit very quietly and hope there is no more bad news about Marc or Jennifer," Mr. Passikoff said.

New Chairman To Head Zara's Parent Company

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by Barbara Barker
From WWD Issue 07/19/2011

Inditex will today enter a new era.

The parent company of Zara, Europe’s largest apparel retailer, will today see a change in management when chairman and founder Amancio Ortega, dubbed “the inventor of the Zaravolution,” steps down and hands the reins to Pablo Isla, who had been the group’s chief executive officer and deputy chairman since 2005.

But while the 75-year-old immensely secretive and low-key Ortega may be stepping down, he is hardly out — especially since he still controls the majority of the company’s shares. “Nothing has changed. He still controls the company and he still has a lot to say — and nobody doubts that he will say it,” said Sofía Vázquez, a reporter for La Voz de Galicia, a regional newspaper in the north of Spain, which is the company’s home base.

“Amancio is making another smart move, preparing for the future with similar logic and the same intelligence he has always used to run the company, but I think he’ll remain very close by,” added Linda Heras, international development director of Roberto Verino, a high-end apparel label and geographical neighbor.

Inditex operates 5,154 stores in 78 countries, with net profits of 1.73 billion euros, or $2.29 billion at average exchange, for the 2010 fiscal year on sales of 12.5 billion euros, or $16.5 billion. With eight chains led by Zara, Ortega’s empire has a workforce of roughly 100,000.

Under Isla’s watch, Inditex rolled out more than 2,800 stores with the top priorities being expansion in Asia and Eastern Europe, as well as growing e-commerce.

Pending shareholder approval, Isla will receive a hefty block of shares, worth 13.7 million euros, or $19.6 million at current exchange, as “a welcome gift” from Ortega, a company source confirmed.

About his succession, Isla said, “It is not a drastic move and there won’t be any major changes. I feel enormous responsibility and motivation to strengthen Inditex, and it’s the right moment. The transition will be smooth and very natural.”

Outside Inditex’s corporate inner sanctum, little is known about Ortega except that he’s the richest man in Spain — and the seventh richest (up two notches over last year) in the world, with a net worth of $31 billion, Forbes reported in March. His fortune includes Inditex stock — he has maintained a 59.3 percent stake in the company since it went public in 2001 — and luxury real estate projects in the U.S., Florida in particular, and in such major European cities as London, Paris, Lisbon, Berlin, Madrid and Barcelona. He has additional investments in banks, gas and tourism and owns a horse-jumping circuit and a soccer league.

Ortega is not much for fanfare and personal public relations is not in his DNA. He’s been quoted as saying, “Talk about my company, but not about me,” and he rarely appears in public.

One of the few to penetrate company walls is avant-garde Spanish artist Alicia Framis, whose filmed performance “Secret Strike — Inditex” (2006) chronicled a day in the life of Zara. “Inditex employees were very involved in the film,” Framis said. “Everybody wanted to be a part of it — except Amancio Ortega.”

Ortega’s is a rags-to-riches story. In the early Sixties, he came up with the idea of making basic garments like housecoats and underwear cheaper than anyone else. Production took place on his kitchen table, and the first item cut from cardboard patterns was a quilted pink robe with blue piping. In 1975, he opened his first store here, selling bathrobes for about 50 cents each.

Working from the age of 13 in local men’s wear shops, he had little formal education. “I couldn’t work and study at the same time; it’s that simple. My university was my profession. I wanted to be a different kind of impresario, one with a social conscience,” he told Covadonga O’Shea, onetime director of Spain’s prestigious fashion magazine Telva, in an authorized biography published in 2008.

“His success has not changed him,” O’Shea said. “His values are the same; he’s humble, affectionate, generous, and he loves the people he works with.”

Ortega lives with his second wife, Flora Pérez Marcote, in an apartment in La Coruña, an unpretentious seaside town about six miles from Inditex’s headquarters in the industrial zone of Arteixo. He doesn’t speak English and, according to an employee, “he’s approachable and into everything. He lives the product,” she said.

It remains to be seen how involved Ortega will be in the company he founded, now that Isla is taking over. But the next generation of the Ortega family already is involved: The founder’s youngest daughter, Marta Ortega, was last fall brought into company headquarters, and although she has no concrete job, department or title, she’s in on all major decision making. An Inditex spokesman said her arrival and the pending management succession are unrelated, however. “She will continue her training program, a mix of creative and commercial activities, within the group and, logically [as Ortega’s daughter], she’ll have a role but so far she isn’t officially involved in the company. We don’t know anything about her future.”

Prior to Isla’s promotion, Marta Ortega was considered the heir apparent, and she’s been well groomed for it. With a degree in business administration from London’s European Business School, she speaks four languages — including English, French and Italian — and to date has interned for company stores in London and Paris, with office stints in Asia and Barcelona.

In private, she is an accomplished equestrian, taking part in international competitions with rider-boyfriend Sergio Alvarez Moya — and as socially shy as her father.

Golden West High School teacher charged with sexual assault of student www.privateofficer.com

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Visalia CA Sept 25 2012 A south valley teacher isbehind bars accused of having a sexual relationship with a 17-year-old student.Eric Ford is a teacher at Golden West High Schoolin Visalia.It started with a phone call, the information led Visalia police to Eric Ford, a business teacher at Golden West High School."We received a call of an inappropriate relationshipbetween a teacher at Golden West and a juvenile that went to that sameschool."Police haven't revealed many details, they say Ford had sexwith a 17-year-old student and it may have happened several times. Officersmade the arrest Sunday morning."It just makes me feel really uncomfortable," saidHaley Gregory, a sophomore at the school. She didn't have any classes with Fordbut says the news still bothers her. "They're supposed to teach us andthey're doing things with kids like people who I probably know from school...It'sjust weird."Her mom, Betty Aboytes says it's a violation of trust."These kids have enough stress, drama and chaos in the world, at home, atschool with friends, to be having to worry about a teacher seducing them? It'snot okay."Students who knew Ford say he's a good teacher. They say hiswife also works at the school and they have two daughters."It makes you wonder what's wrong with thatindividual."Parents like Jennifer Vandebrink have questions, questionsonly the school and police can answer. "It puts doubt in your mind, itputs doubt in security, it puts doubt in the school, in everybody. All theteachers because you wonder how long had it gone on."Eric Ford is expected to be in court soon.

Virginia State Police write 300 tickets in 1 day www.privateofficer.com

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RICHMOND VA Sept 25 2012
A Virginia State Police initiative Saturday led to more than3,000 summonses and arrests on the state’s Interstate highways.
The initiative led to 3,033 summonses and arrests onInterstates 81, 95, 64, 66 and 85, according to a state police news release.There were no fatal crashes reported on any of those highways during theoperation.
Police cited 1,460 speeders and 455 reckless drivers duringthe operation, the release said. Three people were arrested on drunken drivingcharges and 103 were cited with failing to wear seat belts. Also, there were 11felony and drug arrests.
The largest number of arrests or summonses – 1,007 – came onI-81. There were 994 on I-95 and 636 on I-64.  

Phone technology helps police secretly track offenders www.privateofficer.com

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Nashville TN Sept 25 2012 The feds knew exactlywhere Trenton Rhodes was going.
As the U.S. Drug Enforcement Administration tracked aninterstate marijuana trafficking ring, agents watched as Rhodes went from Nashville to Humboldt County,Calif., an area they called the “marijuanacultivation capitol of California,”according to a federal search warrant.
They could do it because of what was in Rhodes’pocket: a cellphone.
Police are increasingly tracking people’s movements bytapping into GPS technology in modern cellphones, allowing authorities to watcha person’s movement in real time or to follow his or her tracks. But a battlelooms between public safety and privacy rights as challenges wend their waythrough the U.S.court system. Most recently, the 6th U.S. Circuit Court of Appeals ruled thatpolice didn’t need a warrant to track a Knoxvillesuspect’s movement through his cellphone in a drug investigation.
The appeals court ruled that police didn’t need a warrantbecause users of cellphones don’t have any expectation of privacy since theirlocation is constantly being broadcast to cellular providers.
“It’s accurate to say there are millions of requests (bypolice) to phone companies for tracking vehicles and people. Most of them, ifnot all of them, involve locating people through triangulation of signalsthrough cellphones,” said Christopher Slobogin, a professor at Vanderbilt Law Schoolwho has written extensively about criminal procedure and evidence. “It’s justnot clear whether you need a warrant or if less than that will suffice.”
Rhodes, a music producer, was arrested on a charge ofconspiracy to distribute 100 kilograms or more of marijuana and is accused ofmoving tens of thousands of dollars worth of high-grade marijuana through the Nashville area. Hisattorney, Kimberly Hodde, could not be reached for comment.
But Nashville Public Defender Dawn Deaner said the trackingraises important questions about how far police can go without violatingsomeone’s right to privacy.
“I would imagine … that most Americans do not realize orexpect their decision to get a cellphone is also an agreement to allowgovernment agencies to track their every movement surreptitiously whenever andwherever they want,” Deaner said.
Technologically savvy criminalsIn 2001, the Federal Communications Commission mandated that95 percent of all new cellphones produced by 2005 have built in GPScapabilities. The purpose was to allow 911 dispatchers to quickly locate peoplewho call in emergencies using cellphones.
As technology improved, law enforcement saw it as an idealtool to perform surveillance without having to be physically there. Or tofollow a suspect’s tracks before and after a crime has occurred. Moderncellphones constantly broadcast a user’s location as long as they are poweredon — even when not making a call.
U.S. Attorney Jerry Martin said that criminals have becomemore technologically savvy in their attempts to evade authorities, requiringinvestigators to follow suit.
“People who engage in illegal activity are often extremelysophisticated, and we will do everything within our power, and within thebounds of the Constitution, to catch them and hold them accountable,” he said.
Nashville Assistant District Attorney Rob McGuire recalled amurder case in which a suspect claimed he was elsewhere when the slayingoccurred.
“His phone was basically pinging off towers from his house,down Gallatin Roadto around where the felony murder happened,” McGuire said. “Our approach is, wedon’t want to go fishing into people’s phone records without a reason.”
Loss of privacyThe appeals case involves Melvin Skinner, a Knoxville drug suspect who was convicted, inpart, because authorities were able to track his movements through hiscellphone. They tracked him to a rest stop near Abilene, Texas,where they found Skinner and a motor home carrying more than 1,100 pounds ofmarijuana.
Skinner appealed his conviction, saying that police didn’thave a search warrant and violated his Fourth Amendment rights. The courtdisagreed.
Slobogin said the debate comes down to whether police had tophysically “trespass,” such as in the search of someone’s house, to obtain thatinformation. Because police were essentially picking cellular signals out ofthe air, the court ruled, they didn’t need a warrant.
Deaner, who hadn’t had a chance to fully read the Skinnercase, said that even with a search warrant such cellular snooping should worrycitizens.
“I think the larger issue really is whether Americansunderstand, and are ready to acknowledge or agree, that when they get acellphone, they give up a great deal of their privacy,” she said. “I don’tthink people have much of a choice in whether they are tracked by the GPS ontheir phones.”
Slobogin said that privacy advocates may have a key ally inthe U.S. Supreme Court. He said Justice Sonia Sotomayor in particular hashinted that U.S.citizens may need better privacy protections in this digital age.
“Advances in technology have given government more powerthan they’ve ever had in finding out personal information,” he said. “I thinkthe court is slowly but surely moving in the direction of more privacyprotection.”
Source: The Tennessean