At RAINBOW/PUSH's annual convention on June 29th, 2009, the audience was filled with college students working for the city college system. Two of these students who told me that they were getting paid $9.00 an hour to be at the event and claimed that the summer program was "excruciatingly boring" and that they had to beg their supervisors for "something to do." It should surprise no one that patronage and trading favors was part of the Secretary of Education's homecoming, after all he's been rewarded mightily by his corporate sponsors for spawning Chicago style school reform. Regardless of why people were there, the topic of the day was an admirable one, how to fix our failing educational system.
Jesse Jackson began the session asserting that "strong minds break strong chains" but deemed it unacceptable that a school like Harper High gets a mediocre education while other school communities get an "Olympic education." In a comment seemingly directed at the young people in the room Jackson insisted that "if you're behind, you have to run faster."
That opening gave Duncan an opportunity to expand upon his educational vision for the country. He started by thanking himself for doubling "the number of those passing and taking AP courses" in Chicago and for the fact that we "have more Gates Millenium winners than anyone in the country." Then he delivered the bad news "we [the United States] have a 30 percent dropout rate, we used to lead the world in the number of college graduates." Never mind that we have never had such a high number of low-income students of color attending college in our nation's history. Duncan then proceeded to insulate himself any doubts that his compassion and empathy for student struggles might not be legit. Referencing his close ties to the White House, Duncan insisted that the president and first lady "were not born with silver spoons in their mouths" and "the president talks about being on food stamps at one point." He also commented on the importance of Historically Black Colleges for training "half of our nations African American Teachers," this despite the fact that his Turnaround policies have led to a tremendous loss of black teachers in the Chicago Public Schools. Last, he took aim at the bad guys, us teachers.
"We're gonna push a very strong reform agenda" apparently necessary because "standards have been dummied down," something Duncan ensured was the case when he presided over a new Illinois State Achievement Test test that drastically improved the performance of elementary schools on state exams. Arne got on with his message, teachers are at the center of the achievement gap because "talent matters tremendously, great teachers, great principles matter." Last came the punch line; "were challenging the country to think about the schools that are not performing....when that happens we as educators perpetuate poverty and perpetuate the status quo." Another speaker challenged the Secretary of Education to think about the "health gap and the wealth gap" when diagnosing the distress of our schools but Duncan was nonplussed and responded, "this is not just about closing the gap, we have to raise the bar."
Apparently, that bar is to be raised, even if it chokes us.
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- Mood:More emotions
- Music:Mai Kuraki
I drive pass Chicago’s City Hall, so do I personally know Mayor Daley. What’s the point of all this name dropping, maybe they believe they can charge you the consumer the same outrageous prices these popular establishments pay for service. Hey, maybe you can help these guys pay for their Ferrari`s and Lamborghinis.
We here at Around The Town Heating and Cooling an HVAC contractor, is a family owned and operated business. We don’t do flash and gimmicks, what we do is quality work at affordable prices. We are not going to pressure you into buying a new air conditioning system, if your central air conditioning system can be repaired. Our air conditioning service technician will make an assessment of the A/C system. With our experience we can give the opinion for the best option for your needs.
Getting an A/C tune up regularly can save your money and headaches down the road. If the air filter is dirty, it slows down the amount of air that passes over the indoor coil. The evaporator coil should be checked every year and cleaned as needed. WE have A/C tune up specials. Humidifiers and air cleaners are beneficial to good indoor air quality.
Call a HVAC company you can trust.
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- Mood:Very good
- Music:Mai Kuraki
Ross Ferraro Park Carol Stream IL. Is located on Lies and Gary roads in Carol Stream IL.This Park has the 3 best things that a park needs for great photos (bridge, Fountain, Gazebo) but they did a bad job on the design so this park is not the picture place it that the designers had planned. First of all the fountain is internal, so you have to get in the center of the concrete fountain to actually see the pretty water spraying. You have to take pictures inside of a 15 or so foot circle to take photos with the water in the background. This means unless you are taking pictures of a few people at a time, you can’t zoom out enough to get a great shot of a full bridal party, unless you are using a fisheye lens (and fisheye lenses are not used all the time). Although the fountain is great for individual shots of the bride and groom. This park also has a bridge (to nowhere), which usually would be great for an awesome bridal party shot. However the bridge has a metal support bar on the sides that is exactly the height of bridal party member’s faces. Unless every member of the bridal party is a 7’ 6” NBA player, this bridge is completely useless for photos. There is a Gazebo that looks Pretty good and some flowers in several areas so this place is not bad especially if you are shooting a few people at a time in front of the pretty, internally curverd fountain. Pros: versatile place with both a Gazebo and Fountain, easy to find, easy to park. Public washroom Cons: Bridge is useless for photos; Fountain is hard to get wide enough for a shot of full bridal party, almost no shade at all.
Kane County, Far west suburbs
Fabyan Forest Preserve Geneva: 1925 S. Batavia Ave. (RTE 25) Geneva IL. Fabian Forrest preserve is on the eastern banks of the scenic Fox River in Geneva. This pretty yet Unknown park features Scenic views of the Fox River and mini lighthouse, trees, shade, huge lawns, a bridge over the river and a beautiful restored Windmill built in 1875 and (featured on a famous stamp) that really works and you can even explore its workings. Pros: Shade, River views, Beautiful Lawns, Windmill is one of the nicest in Chicagoland, Undiscovered site has very few others taking pictures (no waiting) Cons: Long walk to picture area.
Boy Scout Island, Saint Charles IL. It is located on the east side of route 31, about a half-mile north of North Avenue in Saint Charles IL. Boy scout Island is a peninsula that is used to launch boats on the Fox River in Saint Charles IL. This peninsula juts into the water to enable some great River views with the pretty and scenic views of the town of Saint Charles in the background of the river. This spot is beautiful at dusk as the lights of downtown Saint Charles glimmer and dance in the reflection on the water. Hotel Baker a beautiful hotel just south of the peninsula, it has similar views with a tiny Gazebo right on the edge of the water. Pros: Great river and city views, no fees, Cons: Small parking lot, not a lot of versatility with just the river view.
Island Park, Geneva Park District. Is located at Routes 25 38 in Geneva IL. Island Park is a peninsula that extends south of Roosevelt road and is between two tributaries of the Fox River. This park has many trees, flowers, ducks and beautiful river views. And there is a view of the Roosevelt avenue waterfall north of the bridge. Pros: Versatile place with many views of river, flowers, trees,; Lots of shade. Cons: park on Roosevelt and walk quite a ways to the pretty places for photos.
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James DiSantis of depriving a suspects right to be free
from unreasonable seizure, in violation of 18 U.S.C. 242.
On appeal, DiSantis raises several challenges to the jury
instructions given at his trial. Finding no reversible
error in the instructions, we affirm the conviction.
I. Background
On September 3, 2003, DiSantis, an officer of the Cicero,
Illinois Police Department, passed Jennifer Pine while
driving through Chicago. DiSantis knew of prior criminal
activity by Pine, as well as by her two passengers, Stephen
Roden and Robert Bertucci, and suspected that Pine was
either driving a stolen vehicle or heading to buy drugs.
Acting on this hunch, DiSantis followed Pine and pulled
her over on Central Avenue. According to Pines testimony,
DiSantis pulled her out of the car by the hair and
struck her multiple times in the head. DiSantis denied
pulling Pines hair or striking her, testifying that he only
raised his voice during the course of the traffic stop.
While this incident was transpiring, Hector Montes
passed DiSantiss and Pines stopped cars and saw
DiSantis striking Pine. Hector continued south on Central
Avenue to his home, where he picked up his brother,
Richard Montes. The Montes brothers then drove back
north on Central Avenue on their way to view a construction
project at Millennium Park, which Richard
planned to record with his video camera. When they
passed the point of the traffic stop, Hector and Richard
saw that DiSantis and Pine were still at the scene, but
now joined by a second police car driven by Joseph
Melone, another Cicero police officer who worked
under DiSantis.
The Montes brothers pulled into a parking lot across
from the traffic stop, and Richard attempted to record the
incident with his video camera. After a few minutes,
Hector and Richard decided to leave the scene and continued on Central Avenue. But by that time, DiSantis and
Melone had spotted Hectors SUV, and both officers
testified that they thought that the video camera that
Richard had pointed out of the passenger window was
actually a gun. The officers accordingly pursued and
pulled Hector over at a nearby hospital parking lot.
DiSantis approached the passenger side of Hectors SUV.
According to the Montes brothers, DiSantis immediately
went up to the passenger window and wrestled the
video camera away from Richard. The Montes brothers
further testified that DiSantis began screaming at them
and demanding the cameras memory stick. After
Hector told DiSantis that he did know anything about the
memory stick, DiSantis struck Hector with the camera
across the face and again on the head. DiSantis then
threw the camera on the ground and stepped on it.
DiSantis also conducted a pat-down search of both
men and squeezed their genitals.
After finding a bullet magazine in Hectors SUV, DiSantis
arrested Hector for unauthorized possession of ammunition
and took him to the Cicero police station. Hector
was released later that evening, after which he went to
the hospital. DiSantis filed a police report on the
incident and submitted Richards video camera as evidence.
Based on these events, the government charged DiSantis
with willfully depriving Pine and Hector of their constitutional
right to be free from unreasonable seizure, in
1 18 U.S.C. 242 provides, in pertinent part:
Whoever, under color of any law, statute, ordinance,
regulation, or custom, willfully subjects any person in
any State, Territory, Commonwealth, Possession, or
District to the deprivation of any rights, privileges, or
immunities secured or protected by the Constitution or
laws of the United States . . . shall be fined under this
title or imprisoned not more than one year, or both; and
if bodily injury results from the acts committed in
violation of this section . . . shall be fined under this
title or imprisoned not more than ten years, or both . . . .
violation of 18 U.S.C. 242.1 The case proceeded to a sixday
jury trial at which several witnesses, including
DiSantis, testified about the Pine and Montes traffic stops.
The government capably impeached DiSantiss testimony
using the police report that he filed on the Montes incident.
For example, after DiSantis denied grabbing Richards
video camera, the government read a portion of DiSantiss
report stating that Hector Montes, was clutching the . . .
video camera and that DiSantis removed the camera
from the suspect by force. The government also noted
that DiSantiss report catalogued the camera as
suggesting that DiSantis was lying when he
testified that he had not deliberately stepped on the
camera.
Following the presentation of evidence, the district court
held a jury instructions conference and reviewed the
parties proposed instructions. Citing the inconsistencies
between DiSantiss testimony and his police report, the
government requested an instruction that the jury could
consider DiSantiss prior inconsistent statements for their
truth, not merely for assessing DiSantiss credibility. The
court agreed and gave, over DiSantiss objection, the
governments proposed instruction on the substantive
use of DiSantiss prior inconsistent statements. The
court also gave the governments proposed instructions
defining the bodily injury that triggers an enhanced
maximum sentence under 18 U.S.C. 242, as well as the
reasonable force that an officer may justifiably use
against a suspect. Finally, the court rejected DiSantiss
request for a missing witness instruction regarding
Robert Bertucci and Steven Roden, potential government
witnesses who, according to DiSantis, were controlled
by the government and unavailable to the defense.
The jury found DiSantis not guilty of violating Pines
constitutional rights but guilty of violating Hectors
rights.
2 The district court imposed a sentence of 66
months imprisonment. On appeal, DiSantis challenges
the jury instructions on the use of his prior inconsistent
statements, the bodily injury element of 242, and the
reasonable force that DiSantis could justifiably use
against Pine and Hector. DiSantis also challenges the
district courts refusal to give his proposed instruction.
II. Discussion
We review de novo a district courts decision to give
or refuse a jury instruction when the underlying assignment
of error implicates a question of law, but general
attacks on the jury instructions are reviewed for an abuse
of discretion. United States v. Macedo, 406 F.3d 778, 787
(7th Cir. 2005) (citation omitted). The district court is
afforded substantial discretion with respect to the precise
wording of instructions so long as the final result, read
as a whole, completely and correctly states the law.
United States v. Gibson, 530 F.3d 606, 609 (7th Cir. 2008)
(quoting United States v. Lee, 439 F.3d 381, 387 (7th Cir.
2006)), cert. denied, 129 S. Ct. 1386 (2009). Reversal is
proper only if the instructions as a whole are insufficient
to inform the jury correctly of the applicable law and the
jury is thereby misled. United States v. Madoch, 149
F.3d 596, 599 (7th Cir. 1998).
A. Prior Inconsistent Statements
Based on the inconsistences between DiSantiss testimony
and his police report, the district court instructed
the jury that they could consider DiSantiss prior inconsistent
statements as substantive evidence. The given
instruction provided:
A statement made by the defendant before trial
that is inconsistent with the defendants testimony
here in court may be used by you as evidence of
the truth of the matters contained in it, and also
in deciding the truthfulness and accuracy of the
defendants testimony at trial.
This instruction is substantively identical to Instruction
3.10 from the Federal Criminal Jury Instructions of the
Seventh Circuit. Fed. Crim. Jury Instr. 7th Cir. 3.10 (1999).
(Although not pre-approved by the Seventh Circuit
Judicial Council for use in any particular case, these
published Circuit instructions, often referred to as
instructions, reflect the work of judges and lawyers
with significant experience in criminal trials, id. at v, ix;
but of course, instructions dont fit every case,
see United States v. Hill, 252 F.3d 919, 922 (7th Cir. 2001).)
DiSantis argues that, by authorizing the jury to consider
his prior inconsistent statements for their truth, the
district court unduly emphasized his inconsistent statements
over those of other witnesses. He observes that the
court cautioned that the jury could not consider other
witnesses prior inconsistent statements for their truth
unless the witnesses made the statements under oath.
According to DiSantis, highlighting his prior, unsworn,
inconsistent statements as substantive evidence, while
limiting non-party witnesses prior inconsistent statements
to impeachment-only evidence, drew a prejudicial
distinction between him and other witnesses.
DiSantis is correct that the district courts instructions
set different standards for the substantive use of his and
other witnesses prior inconsistent statements. DiSantis is
incorrect to suggest that this party-based distinction is in
any way legally erroneous. The Rules of Evidence plainly
distinguish between the prior inconsistent statements of
non-party witnesses and of party-opponents like DiSantis.
The former are admissible as non-hearsay, substantive
evidence only if subject to cross-examination and given
under oath. Fed. R. Evid. 801(d)(1)(A); United States v.
Dietrich, 854 F.2d 1056, 1061 (7th Cir. 1988) (If a prior
inconsistent statement meets the [oath and cross-examination]
requirements of Rule 801(d)(1)(A) it may be admitted
as substantive evidence . . . . A prior inconsistent
statement that does not meet one of the criteria of Rule
801(d)(1)(A), however, may be used only for the purpose
of impeaching the witness.). The latter are admissible as
substantive evidence even if not given under oath. Fed. R.
Evid. 801(d)(2)(A); United States v. Spiller, 261 F.3d 683,
690 (7th Cir. 2001) (A partys own statements offered
against him are considered admissions by a party-opponent,
and, as such, are not hearsay and are admissible
under Fed. R. Evid. 801(d)(2)(A).). The district courts
instruction on the substantive use of DiSantiss prior
inconsistent statements was unquestionably a correct
statement of the law.
DiSantis also argues that his police report did not
qualify as an admission by a party-opponent, such that
the district court had no basis for instructing the jury on
the substantive use of his prior inconsistent statements.
However, under Rule 801(d)(2)(A), written statements
may be admitted as non-hearsay against the party who
made the statement. Thanongsinh v. Bd. of Educ., 462 F.3d
762, 779 (7th Cir. 2006); see also Spiller, 261 F.3d at 690
(characterizing a defendants handwritten ledgers indicating
the quantities of crack cocaine that he sold as
admissions by a party-opponent); United States v. Harvey,
117 F.3d 1044, 1049-50 (7th Cir. 1997) (concluding that
a defendants handwritten letters and diaries documenting his marijuana production were admissions by a
party-opponent). Applying that principle in a similar 242
case arising out of a police officers use of excessive
force, the First Circuit concluded that the officers arrest
report fell within the hearsay exemption of Rule
801(d)(2)(A). United States v. Rios Ruiz, 579 F.2d 670, 675-77
(1st Cir. 1978). Likewise, DiSantiss prior inconsistent
statements in his police report qualified as party admissions,
and the district court committed no error in instructing
the jury that they could consider those statements
for their truth.
B. Bodily Injury
DiSantis next objects to the jury instruction defining the
bodily injury element of 242, which, if proved, triggers
an enhanced ten-year maximum sentence under the
statute. The district court gave the governments proposed
instruction on bodily injury, which provided:
If you find that defendant DiSantis is guilty of
any count, you will have to determine whether the
government proved beyond a reasonable doubt
that defendants acts resulted in bodily injury with
respect to that count. The government need not
prove that the defendant intended to cause bodily
injury to the victim; the government need only
prove that bodily injury resulted from the defendants
unlawful conduct. Bodily injury includes
any injury that is painful and obvious, even if the
victim does not seek medical attention. Bodily
injury includes a cut, abrasion, bruise, physical
pain, or any other injury to the body no matter
how temporary.
DiSantis argues that this instruction is too broad, reaching
even trivial forms of bodily injury not intended to fall
within the reach of 242. Before addressing this argument,
we must resolve the governments claim that
DiSantis has waived, or at least forfeited, his objection
to the bodily injury instruction.
A defendant waives an objection to jury instructions
if the record illustrates that the defendant approved of
the instructions at issue. United States v. Pree, 408 F.3d
855, 872 (7th Cir. 2005) (quoting United States v. Griffin,
84 F.3d 912, 924 (7th Cir. 1996)). The of the
waiver inquiry is whether and to what extent the defendant
ha[s] actually approved of the jury instructions
assigned as error on appeal. Griffin, 84 F.3d at 924. Waiver
extinguishes any error and precludes appellate review.
Pree, 408 F.3d at 872.
In contrast to waiver, forfeiture occurs where a defendant
fails to object to a proposed jury instruction by
stating distinctly the matter to which the [defendant]
objects and the grounds of the objection. United States v.
Wheeler, 540 F.3d 683, 688 (7th Cir. 2008) (quotation omitted);
see also Fed. R. Crim. P. 30(d) (providing that objections
to jury instructions must inform the court of the
specific objection and the grounds for the objection).
Although forfeiture does not preclude appellate review
as does waiver, we review forfeited objections only for
plain error. Griffin, 84 F.3d at 924-25. An error is plain if
it was (1) clear and uncontroverted at the time of appeal
and (2) affected substantial rights, which means the error
affected the outcome of the district court proceedings.
Wheeler, 540 F.3d at 689 (quotation omitted). Further, plainerror
review is particularly light-handed in the context
of jury instructions, since it is unusual that any error in
an instruction to which no party objected would be so
great as to affect substantial rights. Griffin, 84 F.3d at 925.
During the jury instructions conference, DiSantiss
counsel objected to the portion of the instruction providing
that the government only had to prove that bodily injury
resulted from DiSantiss conduct. Defense counsel
argued that the instruction should require that DiSantis
actually bodily injury. The court rejected the
proposed change as inconsequential, since the governments
theory relied on proving causation:
THE COURT: . . . they [the government]
are not going to
arguethey are going to
argue that there was a
cause and effect relationship.
DEFENSE COUNSEL: Okay.
THE COURT: I think this is a correct
instruction, but I do not
think your fear is going
tothere is any risk of
your fear materializing,
seriously. Okay?
DEFENSE COUNSEL: Thank, you Judge.
We disagree with the governments characterization
of counsels thanking the judge as a waiver of the objection
to the bodily injury instruction. We read that
response as a display of civility after having ones argument
heard and rejected, not as the type of actual approval
of a jury instruction that would constitute waiver.
Cf. United States v. Anifowosche, 307 F.3d 643, 650 (7th Cir.
2002) (defense counsels affirmative response to the
courts statement for the record that the instructions
were given without objection by either side was a
waiver); Griffin, 84 F.3d at 923-24 (defense counsels
agreement that it preferred the instruction offered by the
court was a waiver). Moreover, at the end of the instructions
conference, defense counsel expressly preserved
his continuing objection to the jury instruction on
bodily injury . . . . The court responded that the instruction
objections have all been preserved.
Although DiSantis did not waive his objection to the
bodily injury instruction, we agree with the government
that he forfeited it. As noted above, DiSantiss objection
at trial focused on the lack of a causation requirement,
while his objection on appeal focuses on the breadth of
the definition of bodily injury. Since DiSantiss objections
at trial and on appeal are substantively different,
we will limit our review of the instruction for plain error.
Wheeler, 540 F.3d at 689.
In determining whether the given instruction correctly
states the law, Gibson, 530 F.3d at 609, we cannot rely on
242 itself, which does not define bodily injury. However,
the final sentence of the instruction tracks the language
of several criminal statutes that define bodily injury as
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain; (C) illness; (D) impairment of a function
of a bodily member, organ, or mental faculty; or (E) any
other injury to the body, no matter how temporary. 18
U.S.C. 831(f)(5) (prohibited transactions involving nuclear
materials); id. 1365(h)(4) (tampering with consumer
products); id. 1515(a)(5) (definition applicable to witness
tampering, 1512, and witness retaliation, 1513); id.
1864(d)(2) (hazardous or injurious devices on federal
lands). The remaining portion of the instruction is
similar to the definition of bodily injury provided by the
Sentencing Guidelines. See U.S.S.G. 1B1.1 cmt. n.1(B)
(defining bodily injury as significant injury; e.g., an
injury that is painful and obvious, or is of a type for
which medical attention ordinarily would be sought).
Relying on these provisions, two other circuits have
appropriately approved jury instructions on the bodily
injury element of 242 similar to the instruction given
here. See United States v. Bailey, 405 F.3d 102, 111 (1st
Cir. 2005); United States v. Meyers, 972 F.2d 1566, 1572-73
(11th Cir. 1992).
Based on this authority, we cannot say that the district
courts instruction on bodily injury provided the jury
with an incorrect statement of the law, especially since
DiSantis has failed both in the district court and on appeal
to offer an alternative definition of bodily injury. See
Myers, 972 F.2d at 1572 (observing that the defendant
had challenged the breadth of the bodily injury instruction
but had not offered the district court an alternative
definition). DiSantis has failed to show any clear and
uncontroverted error in the instruction that would justify
reversal on plain-error review. Wheeler, 540 F.3d at 689.
Moreover, given the trial testimony on the extent of
bodily injury suffered by Hector Montes, DiSantis cannot
show that any error in the instruction affected the outcome
of the district court proceedings. Id. Hector testified
that DiSantis, infuriated by Hectors inability to tell
him about the video cameras memory stick, struck
Hector with the camera once on the face and again on
the head. Hector suffered headaches and a cut on his face
to the right of his nose. Richard Montess testimony
confirmed that DiSantis hit Hector in the face, drawing
blood, and the government introduced a police photo of
Hector following his arrest that showed a red mark to
the right of his nose. Hector also testified that DiSantis
grabbed his testicles during a pat-down search, causing
pain, and that Hector went to the hospital following his
release from the Cicero police station to seek treatment
for his injuries.
Based on this evidence, the injuries suffered by Hector
would satisfy a definition of bodily injury far more restrictive
than that given by the district court. So even if
DiSantis were correct that the courts definition was
too broad, that error would be harmless.
C. Reasonable Force
DiSantiss third argument challenges the jury instruction
defining the reasonable force that DiSantis could use in
detaining Hector Montes without violating his constitutional
rights. The given instruction provided:
In this case, if you find that the defendant used
force against . . . Hector Montes, you must then
determine whether the force he used against that
individual was reasonable or unreasonable. In
making that determination, you should consider
all the circumstances from the point of view of an
ordinary and reasonable officer on the scene,
including the seriousness of the offense that the
individual may or may not have committed,
whether that individual posed an immediate
threat to the safety of defendant DiSantis, and
whether that individual was actively resisting
arrest or attempting to evade arrest by flight.
DiSantis argues that this instruction fails to adequately
define what force is reasonable from the point of view of
an ordinary and reasonable officer on the scene. Because
no witness was qualified as an expert on reasonable
police force, DiSantis continues, the instruction invited
the jury to attach undue weight to the testimony of
Officer Joseph Melone, a government witness who was
the only other officer on the scene.
Again, our first task in addressing this argument is to
ascertain the applicable standard of review. During the
jury instructions conference, defense counsel expressed
concern with the phrase instructing the jury to consider
all of the circumstances and point of view of an ordinary
and reasonable officer on the scene. The court responded
that the language was in many ways favorable to DiSantis,
telling jurors that objectivity is the standard and that
they may not judge reasonable force from their own
particularly sensitive viewpoints. Counsel seemed to
accept this response, and the parties moved on to discuss
other instructions. When the court later returned to the
reasonable force instruction and asked whether the
defense was comfortable with the rest of it, counsel
balked: I cant say but I do not even know
how to frame my argument. Something feels wrong
about it, but I do not think that is going to help my position.
This expression of general discomfort falls short of the
specific objection that we require in order to preserve
a challenge to a proposed jury instruction. See Wheeler,
540 F.3d at 688. We will accordingly review the instruction
only for plain error. And the district court did not
plainly err in giving an instruction that so closely tracks
the Supreme Courts description of the type of reasonable
force that an arresting officer may use without violating
a suspects Fourth Amendment rights. In Graham
v. Connor, 490 U.S. 386, 388 (1989), the Court held that
claims of excessive police force against an arrestee are
subject to a test of objective reasonableness. That test
requires careful attention to the facts and circumstances
of each particular case, including the severity of the
crime at issue, whether the suspect poses an immediate
threat to the safety of the officers or others, and whether
he is actively resisting arrest or attempting to evade
arrest by flight. Id. at 396. The of a
particular force must be judged from the perspective of a
reasonable officer on the scene. Id. Relying on Graham,
we have upheld a jury instruction that put forth this
objective, reasonable law enforcement officer on the
scene test in another 242 case charging a police officer
with the use of excessive force. United States v. Brown, 250
F.3d 580, 586 (7th Cir. 2001). DiSantiss challenge to the
district courts reasonable force instruction is therefore
without merit, especially since, as with the bodily
injury instruction, DiSantis fails to offer an alternative
definition of reasonable force.
We also disagree with DiSantis that the instruction
would have been adequate only if accompanied by expert
testimony on reasonable police force. Although in some
instances expert testimony may assist the jury in determining
whether an officer used excessive force, see Kladis
v. Brezek, 823 F.2d 1014, 1019 (7th Cir. 1987), expert testimony
is by no means required in all excessive force
cases. Since the question of excessive force is so factintensive,
the jury will often be in as good a position as
the experts to decide whether the officers conduct was
objectively reasonable. Thompson v. City of Chicago, 472
F.3d 444, 458 (7th Cir. 2006). The jury in this case, having
heard extensive testimony on the facts and circumstances
surrounding the traffic stops, was well-positioned to
decide whether DiSantis used reasonable force.
D. Missing Witness Instruction
DiSantiss final argument challenges the district
courts refusal to give a missing witness instruction
that is, an instruction that the prosecutions failure
to call a witness may give rise to an inference that the
witnesss testimony would have been unfavorable to the
government. United States v. Gant, 396 F.3d 906, 910 (7th
Cir. 2005) (citing Fed. Crim. Jury Instr. 7th Cir. 3.24 cmt.
(1999)). DiSantis argues that the court should have tendered
a missing witness instruction as to Robert Bertucci
and Steven Roden, passengers in Pines car during the
traffic stop and potential government witnesses.
A district court has broad discretion in refusing to
give missing witness instructions, which are generally
disfavored. See United States v. Brock, 417 F.3d 692, 699 (7th
Cir. 2005). To establish entitlement to a missing witness
instruction, a defendant must prove two things: first, that
the absent witness was peculiarly within the governments
power to produce; and second, that the testimony
would have elucidated issues in the case and would not
merely have been cumulative. Gant, 396 F.3d at 910
(quoting United States v. Valles, 41 F.3d 355, 360 (7th
Cir. 1994)).
It is clear from the record that Bertucci and Roden were
not so peculiarly within the governments control as to
justify a missing witness instruction. At the instructions
conference, the district court noted that the defense
could have subpoenaed both Bertucci and Roden, yet
defense counsel offered no explanation for failing to do
so. The absence of any explanation, either in the
district court or on appeal, why the defense did not
subpoena these witnesses demonstrates that DiSantis
was not entitled to a missing witness instruction. See id.
(observing that the defendant had neither attempted to
subpoena the witness nor offered a satisfactory explanation
for failing to do so United States v. Romo, 914
F.2d 889, 894 (7th Cir. 1990) (noting that the defendant
failed to subpoena, interview, or request the production
of the witness); cf. United States v. Cochran, 955 F.2d 1116,
1122 (7th Cir. 1992) (affirming the district courts refusal
to allow comment on the absence of government witnesses
during closing arguments where the defendant
could have issued subpoenas to both missing witnesses).
Although the absence of peculiar government control is
alone sufficient to deny a missing witness instruction,
DiSantis also fails to explain how Bertuccis and Rodens
testimony would have elucidated issues. Gant, 396
F.3d at 910. While these men were passengers in Pines
car and so might have offered some material testimony
on the charged violation of her rights (of which DiSantis
was acquitted), they presumably did not even see the
assault on Hector Montes, which was the basis of
DiSantiss conviction. Both requirements for a missing
witness instruction are lacking.
III. Conclusion
For the foregoing reasons, we AFFIRM DiSantiss conviction.
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Uno de los vídeos más extraños you' el ll considera está a la derecha aquí, producido por los amigos y los bloggers compañeros Jake y Michelle Jacobsen. Aventuraron hacia el centro de la ciudad a Chicago' el desfile del día des Mayo, donde fueron resueltos con abuso verbal, llamó el " nazis, " y fueron seguidos por los abogados paranoicos de la destrucción del American' soberanía des. Jake hizo el trabajo de la cámara, Micaela es en-cámara. Y, ah, déjeme sea el primer para desearle un feliz Cinqo de Mayo. O hágale para decir el " May fifth.
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Im sure it goes with the territory of having 2 boys, or maybe just 2 kids, but the Toddler is just so rough with the Baby. I seriously hear myself a hundred times a day telling him Be Gentle! or t throw things! or Do NOT kick your brother or Why did you just knock him over? Sometimes it is overzealous affection. He loves to lay on top of him or hug him a little too vigorously. Other times, it is because the Baby was simply looking at his cars or in the way.
On days like today, I just cant deal. I get SO TIRED of correcting him. I do try to let them be boys and be a little rough and tumble. I cant police every moment and I know that is part of being brothers and being boys. I want them to be close and have fun together and I know that sometimes Toddler is really just trying to engage with Baby and he just doesnt know his own strength. But, that is not really the problem.
The real problem is me.
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There were plenty of surprises last season, with the biggest one being the American League Champion Tampa Bay Rays (note to Tampa fans: go to their home games consistently, even if they start the season 12-25; you have a special team that deserves attention). Other noted surprises were the emergence of the San Francisco Giants' Tim Lincecum, the 2008 NL Cy Young winner. Manny Ramirez carried the Dodgers to the NL Championship Series, headaches aside (this reminds me of a quote by Casey Stengel regarding team chemistry, something along the lines of "I don't mind a few oddballs in the clubhouse as long as they help the team.") In my only mention of the New York Yankees, owner Hank Steinbrenner managed to embarrass himself more in one season than his father did in thirty-five years.
I normally shy away from making sports predictions, but baseball is a game forever tied to both its past and its future. Since the 2009 season begins tomorrow, here are some probable happenings, at least in my mind.
At best, the Kansas City Royals will win 85-90 games and compete for the American League Wild Card: The chic thing to do this off-season has been to pick "the next Tampa Bay." This is silly, since nobody could have foreseen their wonderful season. However, of all the current losing teams with bright futures, one cannot be faulted for liking Kansas City. Third baseman Alex Gordon still hasn't hit his peak, and for some strange reason, a lot of people consider him a failure at age 25. However, since nobody is expecting a stellar season from him (after visions of 30 home runs and 100 RBIs for 2008), he should have a more relaxed approach, and therefore a breakout season. He should lead a lineup that might not be the strongest, but plays with an emerging starting rotation. Last April, I had the good fortune of seeing pitcher Zack Greinke pitch against the Seattle Mariners. Even from the stands, it was easy to tell that he's a potential Cy Young winner in the future. He's getting better every season and will eventually be their ace. Even if Kansas City fails to make the playoffs, they will challenge other teams in the American League; they're no longer doormats.
Forget the Yankees and Red Sox; the best division race is now between the Philadelphia Phillies and the New York Mets: The World Series Champion Phillies return with more or less the same team, but with the excellent addition of Raul Ibanez (a definite upgrade over Pat Burrell). The Mets finally have a strong bullpen, led by new closer Francisco Rodriguez. Right now, it's hard to say which team will end up winning the National League East, but this season should be more exciting. Even if the Mets finish in second place, it won't be because they choke in late September, as they've done the past two seasons. 2009 should bring a division race that goes back and forth until the end of the season, and the National League Wild Card should come out of the East this season.
The San Diego Padres should not trade Jake Peavy, no matter what: During the off-season, Jake Peavy was nearly traded to both the Chicago Cubs and the Atlanta Braves. The reasoning behind this is that the Padres are not going to compete this season, and they should trade Peavy for some strong prospects. Of course, I don't know the business side of baseball as well as actual general managers, and there's a good chance that Peavy is unhappy in San Diego. However, he's signed until 2012, and he's undoubtedly their staff ace. While the Padres are looking to cut payroll, trading their best player would obviously hurt their fan base, no matter how good the potential returns would be in the future. Peavy is the kind of pitcher you build a team around. Some low-key free agent signings or trades could make the Padres a lot better either this season or next, especially since there is no definite favorite to win the National League West division. Even as the lineup is right now, they have the potential to be better than most people predict. Especially after their poor handling of franchise closer Trevor Hoffmann, they should start fresh and build around Peavy.
Expect excellent intangibles from players returning to their original teams, even if their numbers aren't stellar: This season, the Seattle Mariners have Ken Griffey, Jr., the Oakland Athletics have Jason Giambi, and the Atlanta Braves have Tom Glavine. Nobody is really expecting any of these players to have seasons reminiscent of their prime years, but they should show the value of leadership to younger players. Griffey's return is a nostalgic boost to a very poor Seattle baseball team, and while they should improve somewhat, his occasional presence in the lineup is ceremonial as opposed to productive. If he stays healthy, he should hit around twenty-five home runs and maybe hit for a .275-.280 average. Giambi seems to have put his steriod scandal behind him, and returns to an A's team in need of a clubhose presence. He's not the venerable leader that Griffey will be for his team, but a little toughness and some dirty jokes in the clubhouse could ease what might be a long season for a team that has traded away their best pitchers. I've long hated the notion that players fail because of the New York (pick one) a.) media, b.) expectations, or c.) fans. Tom Glavine didn't fit well with the Mets due to injuries, and a quiet, steady season back in Atlanta should be what he needs to close out a possible Hall-Of-Fame career.
Fine, fine...how will the Yankees fare?: Yes, no look at any baseball season in the past thirteen years has been complete without excessive coverage of America's most hated (I mean, most beloved...wait, no, most hated) team. CC Sabathia has proved from his time with the Cleveland Indians that he can succeed in the American League. However, despite their early inconsistencies, the Yankees could have earned much more respect by giving chances to Phil Hughes and Ian Kennedy to succeed at the big-league level. Hughes could very well be a mainstay in the Yankee rotation, as he's shown flashes of brilliance. Of course, as it's been noted many times, the Yankees won their championships with strong play from lesser known players (Scott Brosius, Luis Soto, et. al). Since they've spent so much money for 2009, there's really no happy medium. They're either winning the American League championship or not making the playoffs at all.
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Some newbie home buyers take the job upon themselves thinking they will save commission money by not hiring a Realtor. Well, either way the commission is negotiated and paid. The Realtor that lists the home will recieve the commission whether you the Buyer has separate Realtor represenation or not. So get proper representation.
My single piece of advise to buyers looking to find a great deal is NOT to go it alone. There are steps to take and lingo that is spoken that the banks understand. So get a good Realtor and you will lessen your headaches and distress.
By now, many banks have learned their way through the process from deals that they have had in the past. The process is much smoother now but two things to remember are: 1) Do not low ball – banks will accept a fair market value price. Investigate the area well and run comparables of homes in the area and what they have “recently” sold for to offer a fair amount for the home. 2) Get pre-approved for a loan.
Some buyers think they can get away with offering $5-$10K to the bank on home that clearly has value and is in a great area. The bank will do one thing with that offer - just toss it in the garbage. The homeseller is already in distress and owes the bank $xx amount of dollars on the note. The banks are willing to work with the seller on short sale quickly to avoid the long and costly foreclosure process.
Steps for finding a great a pre-foreclosure and making an offer:
1. Get a pre-approval from a bank or credit union. It takes approximately 3-4 weeks for banks to process a new loan approval. No one wants to accept contingencies on sales or loan approval. They want to get the home sold as quickly as possible and close in 30-45 days or less.
2. Have your Realtor take you on a tour of pre-foreclosure homes and regular sale homes.
3. With your Realtor, examine the home of interest thoroughly, the neighborhood of home.
4. Once you have decided on a home, have your Realtor run comparables of the “same” type and condition of homes in that area to decide on a fair and reasonable price.
5. Some of the homes may be vacant so arrange for a pre-inspection. You want to know if there are any issues with major items like utilities (furnace), roof, structural damage, termites, frozen water lines, mold or radon. A thorough home inspection will reveal any major issues.
6. Present your offer to the Realtor representing the Seller. First, the homeowner or owners representative has to accept the contract price. Once signed it will then go to the bank that holds the note for acceptance/approval.
7. Next present the signed offer to the bank. They have to sign off on the contract offer as well as the owner. Make sure to give them a timeline for response otherwise you may wait weeks or even months for a response.
8. Once the contract has been accepted and executed by all parties, have your attorney review and perform due diligence and thorough lientitle search and set a close date.
9. Once at closing table, you must have cash or certified funds in-hand and ready to make the deal happen.
10. Clsoing day - you get the keys, now it’s time to reap the rewards of owning your own home!
Many deals are out there you just have to for them!
Happy house hunting!
Christine Moscinski is a Broker Associate and member of The House Hunters Team at Gobber - GMAC Real Estate and consults: New and Seasoned BuyersSellers in Metro Chicago and Western Suburbs:
Single Family Homes – Townhomes – Condos – Luxury Rentals - REO’s - New Construction
More information can be found on her website at http://www.eHouseHuntOnline.
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The Heartland Café, a popular natural foods restaurant that bills itself as "the Heart of Rogers Park," was closed after someone reported to Chicago's 311 non-emergency line that they had become sick after eating there, said city Health Department spokesman Tim Hadac.
One of the restaurant's owners said the Health Department's shutdown was an "excessive" reaction to the establishment's conditions after an initial inspection he said happened Thursday.
The restaurant was kept closed today despite efforts late into Thursday night by the longtime neighborhood institution to comply with health inspectors' directions, said co-owner Michael James.
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Terrell Owens very well may be a future hall of famer. He is a dominant wide receiver, a player who changes games and forces defenses to adjust to him. Leave him one on one with virtually any cornerback in football, and Owens will win.
And he is available after reportedly being cut by the Cowboys.
It just so happens the Bears need a wide receiver.
Should they bite that apple?
Not unless they like the taste of worms.
Certainly, the Bears should investigate the possibility of signing Owens. Look into his history. Talk with his agent. See what he is looking for.
But they should come to the conclusion that for all of Owens’ abilities, he would not be worth the headaches he causes.
If Owens could not play nice in Dallas, where he had Tony Romo throwing to him in a high powered offense, how could he be expected to play nice in Chicago? Kyle Orton is not Tony Romo and the Bears offense never has been described as high powered.
If Owens found fault with Donovan McNabb, do you supposed he’ll believe Orton is Johnny Unitas?
If Owens questioned the sexual preference of Jeff Garcia (who since has married a former Playboy centerfold), what kind of hand grenade would he lob in the middle of the Bears’ locker room?
Eventually, T.O. will wear out his welcome wherever he goes. Time has taught us that lesson.
The Bears don’t throw the ball enough to appease him. And they don’t throw it well enough. And he might not like the look of Orton’s neck beard.
He isn’t a Chicago kind of guy. Chicago sports heroes are not “look at me” guys. If he came here, he might be the first Bear ever to be booed for an end zone celebration.
Look, there is a place for Owens. I could see him thriving for a short period of time in on a team like the Giants, Saints, Chargers or Titans. He needs to go to a place with strong leadership, solid chemistry and an established, tough quarterback who is beyond questioning.
He could help a team win a Super Bowl, and add a dimension to a contending team that has almost every other piece in place.
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If you visit a specialty store you will definitely find out a wide range of clothing and accessories that are available in the market. If you want your hair to be at its best, a balanced diet full of healthy, natural foods is absolutely essential! Fatty, greasy, processed, and sweet foods lead to toxic bodies and oily, fine, limp, and dull hair.
You may have noticed when people either put on a lot of weight or are unhealthy and skinny, their hair loses its body and thickness and also changes color.
Circulation is also very important for healthy hair, so exercise regularly and drink plenty of water.
If you still feel your diet is lacking, you can give yourself a boost with herbs. Apparels like golf apparels, fitness exercise apparels and other sporting apparels are very popular now a days. There are herbs you can take for hair, such as horsetail, to improve the strength and thickness.
A true secret to healthy hair care is not to go all-out every day. Yoga apparels are also hot in this era. Try to give you hair regular breaks from suffocating products such as gel, hairspray, and mousse.
If you can treat your hair with a deep moisturizing product once a week, you will definitely see the benefits.
Top Five Health and Beauty Secrets:
Health and Beauty Secret 1 - Do not use two-in-one shampoo and conditioner products. Surfing or rafting or mountaineering are other sports related to which you will find a lot of stuff in the apparel stores. Ever! Shampoo is designed to have one affect on your hair, while conditioner is supposed to do another and one application cannot do both. Wetsuits are hot too especially among those who love surfing. Shampoo opens the pores or scales on the hair follicles and cleans away any build-up of oil, dirt, and pollutants. You can look for caps, batting gloves and rafting vests.
If you are thinking golf, the related apparels can be found in any specialty sport store. Conditioner closes or smooths the follicles down, filling them with clean moisture and protection. We all love those trousers and t-shirts but remember it's important for the apparel to be comfortable. It is important to do both, regardless of your hair type.
Health and Beauty Secret 2 - When it comes to using the hair dryer, try to leave this for special occasions also. Because you want to be as comfortable while on the important TASK of golfing as possible. When you do use it, make sure your hair is wet and stop using it once it is dry. Have you heard of Chinos ? If you answer no, please take time and get more familiar with the golf stuff. The reason for this is because it's this drying of the already dry hair that causes the most damage.
Health and Beauty Secret 3 - Combing and Brushing. Come on you can do it. A habit that may increase the appearance of oily hair is frequent grooming. If we talk of hats and caps, well there are a lot of designs available and you can even make your own hats. Combing and brushing aid in the movement of sebum from the scalp down the hair shaft. Outlandish gears are also something you must try have a look at especially if you want to become a professional golfer.
If you are a runner, then there are a couple options for you. The hair should be handled as little as possible.
Health and Beauty Secret 4 - Don't tease. Try cotton apparel as you will find yourself more comfortable to retain moisture. Even women who aren't losing their hair should avoid teasing or back-combing. Also your body and clothes tend to undergo friction and might lead to possible chafing, hence cotton is the best. It is one of the worst things that you can do to your hair. Cotton socks, cotton shorts and probably cotton underwears would have been tried had I been a runner! The thing is that you have to be comfortable whichever sport you are in so as to perform to the max. Teasing breaks the hair and contributes to the appearance of hair loss.
Health and Beauty Secret 5- Perm and color carefully. Also try to select a base layer top so that you remain dry if you do some prolonged running. When perming and coloring your hair, follow product instructions carefully. Shoes have to be comfortable and probably the most important apparel if you are serious about running. Neither perms nor color causes hair to fall out, but both, when done incorrectly, do cause hair to break. They have to be fit and comfortable for optimum performance.
Aerobics and gymnastics are all about fitness gears and several apparels are available for them Tights and leotards are best and provide you he most comfort especially during the workout. When the break is very close to the scalp, it can make you look as though hair has fallen out.
Other health and beauty secrets to support beautiful hair:
- Get adequate protein - Eat a couple of 3-4 ounce servings of fish, chicken or other lean sources of protein every day, even if you're dieting. Select them with care. Protein is needed by every cell in your body, including the cells that make the hair. The material should be proper and of course of the correct size.
I love athletics and had I chosen an apparel for this specific purpose, I would have taken great care of the climate and weather. Without adequate protein, the cells in your body don't work efficiently and can't make new hair to replace old hair that's been shed.
- Maintain iron levels - Since iron-deficiency anemia can also cause hair loss, make sure that you eat a well-balanced diet that includes a daily serving or two of iron-rich foods. I hope you are intelligent enough to understand that and yes, performance depends a lot on the clothing. Good sources of iron include lean red meat, steamed clams, cream of wheat, dried fruit, soybeans, tofu, and broccoli.
- Take Vitamin B6 - 100 milligrams a day decreases hair-shedding in some people. Running or jogging pants with drawstring waist are most popular and comfortable too. Larger amounts can be toxic, especially over a prolonged time. There are many discounts available for these kinds of clothing if I am not wrong. IF you prefer a hair, nail, and skin supplement, select a product that includes nutrients such as beta-carotene, vitamin C, and vitamin E - they will protect skin, hair, and nails from free radicals. The athletic gear has to be great.
Looking at yoga, I would have desired a clothing in which one can sleep and enjoy a very deep sleep. Beta-carotene is converted in the body to vitamin A, an essential vitamin for maintaining the health of skin and hair. I don't know why but I am big on comfort and yoga is all about being comfortable. Vitamin C, Zinc, and L-Cysteine support the integrity of hair, skin, and nails.
Remember, you can wash your hair as often as you like - the recommendation is three times per week. It has to be loose for easy movements. Using the right shampoo for your hair type and texture will add body, beauty, and moisture to your hair.
About the Author:
John Russell of IH Distribution, LLC brings you health, anti-aging and skin care products from around the world. Talk about extreme flexibility but not that loose that half of your time is wasted on collecting the clothing around you while performing different yoga positions.
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I know what that intrepid angst is like, the one that hit me when I was layed off from a job at the tender age of 22 years old once. I can imagine if I had a spouse, and children and bills.
Folks, what are we to think when the news of a husband (and working wife) were laid off recently in California, not sure of their own eternal Salvation, went into a panic because of the loss of their jobs? I did not catch which area in California they were living in, as the radio commentator only gave a few words quickly. Not only did this said couple panic, who were both laid off from their jobs, but word has it that they committed suicide, taking with them five small children, of which four of them were two sets of twins.
Sigh.
Double sigh.
(my heart is heavy about these matters)
Generating multiple sources of income, and learning to spend 'wisely' and save wisely, with an effort to be content in simpler means, even downgrading our lifestyles is the key. I say this to myself, since June 2008 when this economic scenario was being revealed in seership/intercession, in the many seasons before the manifested situation came to pass before our eyes.
I am grieving with what I hear about our economy (just ask a local Chinese fast food restaurant owner here, what they hear from their homeland where peasants in sweatshops work for cheap, having no work from international companies (yes, the United States) who are doing layoffs on domestic ground [i.e., the fashion industry in China is being affected also, because of the domino effect of our economy, made in China, made in Korean, made in Japan, etc.]) Even my beloved brethren in our churches, in Illinois, are telling me slowly, but steadily, of the job loss of a spouse who is the primary breadwinner of many years, in their household.
Join with me, as rather than joining in the season of bad news, I believe it is an active time of comfort, as we survive these times in great comfort to one another.
How do we help one another, you ask?
How?
We must encourage one another in being empathetic to their situations.
And yes, encourage those who have been affected with a job loss, to continue to look around for other jobs. Yes, the reality may mean not having that same level of income they were used to receiving. And then tightening our spending belts, while 'researching' other venues for savings/earnings/investment/retirement.
I am hearing a 'revealing' of more situations of ponzi schemes (as usual, they did not bother to read and follow the small print of laws, and only cared about themselves) that are under scrutiny still. More situations? The keyword here is 'more'? ? ? How much more? [Hint: I recall the uneasy feeling I had, when working only for a time with ruthless East Coast investors, when they tried to set up an office in the northwest suburbs here. Greed and shady practices come in all kinds of sophisticated Designer wear suits, and hot air language. And they know (trust me on this one) when a peculiar one, not from their kind, who knows their purpose on the planet, is among them, in their midst. Although I was naive in their genre of financial work, I was covered with an invisible grace when I was leaving for overseas mission work, and the Feds began visiting the investment office to audit their work. There was a strange kind of nervousness and respect coming towards me, from the corrupt and panicky of conscience at the time. If you have ever understood what it is like to be in the presence of Royalty, and I recall this occurring in my presence, when I was not part of their thinking and corruption (cluelessness and innocence in certain seasons has its benefits), it is something to behold. Do you understand when Anciet text, passed down through the Ages, that the morning of the third day, when a story about Resurrection occured to a man, who claimed to be God, there were eye witness accounts that men (and women) were scared stiff in the reality of knowing of the character and words of someone were true. Do you understand this? The spirit of this repeats itself, in the true followers in the season and timing of their lives, if they indeed folllow in His character, through morbid situations. Do you understand this yet?
I promised myself, back then in my early 30s, that if ever the familiar names (that I have never forgotten; the Lord 'never' forgets anyone, and anything about anyone, unless they confess their wrongdoing) were ever in high visibility through the media or in print, or on radio, that I would find them, or contact them, or possibly visit them in jail. They were actually very nice to me. It's the scheming and conniving practices behind closed doors I didn't know of, but I felt their spirit. No, spirit isn't spooky. It's an innate quality within, that especially children have, that they can sense about people, situations, and yes, in the our 21st Century, innocent children can see spirits and demons and sense a paranormal presence in a room.) This [wrongdoing, sin?], He forgets. His eyes are always there on a person 24/7. In ancient texts, there is written document (from the legacy of passing down the translations, even through story telling through the generations) that 'He' does forget and remembers it no more, if there is genuine acknowledgement of bad thought, bad motive, selfish motive, selfish action or misleading action, contrary to the nice, the pure, the Holy Nature of Him. But there is consequence, when wrongdoing is of a certain magnitude. Yes, ' He ' is very nice, in Spirit. But 'He' also has much wrath in His hands across the earth.
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If youre a migraine sufferer, you know a migraine is more than just a bad headache and it wont go away with a couple of asprin.
Migraine sufferers are often lumped in with people who say they have a migraine when in fact what they have is a bad headache. So whats the difference?
What is a migraine and what are the causes of migraine?
The symptoms of a migraine vary between individuals, but usually consist of some of the following: Upset vision, blind spots or zig-zag lines, a feeling of sickness or nausea, a headache, which often effects only one side of the head but not always. The pain can is often severe. I have often described the headache as feeling as though Ive been hit over the head with a hammer. Other symptoms people report include a dislike of loud noise and bright lights.
Another strange symptom I have suffered is problems in thinking clearly during a migraine attack not being able to remember the names of people or even simple everyday objects.
Symptoms can last from 1 to 12 hours for the majority of sufferers, although some people take a few days to recover.
Like many others I usually head straight for a dark room as soon as I feel a migraine coming on. People fail to see why you cant just carry on with a . If only they knew how bad it felt.
There are basically two types of migraine classic which features the aura or distortion in vision, and common migraine which doesnt. Migraine occurs more frequently in women with 1 in 4 women effected only around one in twelve men suffer.
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Astragalus is an herb that is well known to practitioners of Traditional Chinese Medicine. I often suggest it to my patients to boost immunity and for respiratory problems. Now, an exciting new UCLA study has found that a chemical from the astragalus root may be helpful in combating HIV.
The chemical is called TAT2 and can slow the progression of immune cell deterioration. If this turns out to be true, it has the potential to save HIV patients a great deal of money and avoid the side effects of the HAART (highly active antiretroviral therapy) if it can be used as a replacement. The researchers wrote, that this strategy (using TAT2 from astragalus) could be useful in treating HIV disease, as well as immunodeficiency and increased susceptibility to other viral infections associated with chronic diseases or aging.
If you are interested in reading the research paper, the study was published in the Nov. 15 print edition of the Journal of Immunology. (ANI).
In addition to the new use for astragalus, the Memorial Sloan-Kettering Cancer Center web site, (http://www.mskcc.org/mskcc/html/69128.c
Currently, the herb is widely used in China for chronic hepatitis, colds and upper respiratory infections and as an adjunctive therapy in cancer. The remarkable herbal therapy has also shown promise in animal experiments as a way to prevent dementia
For more information on Astragalus
http://chicagoacupuncture.blogspot.com/2
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Here are her ideas on how we can change our healthcare system for the better.
I. How to afford basic healthcare for all
Under a basic universal healthcare system, all Americans would be entitled to receive preventative and necessary healthcare by creating a program whereby recent graduates from all medical fields would be encouraged or required to serve 2 + years as universal plan providers. In other words, individuals choosing to enroll in a basic, universal (government-financed) health insurance plan would receive care primarily from younger, less experienced healthcare providers. Within these participating clinics/hospitals, there would be senior clinical supervisors overseeing and consulting with their younger associates. A monthly premium and/or co pays could be determined as a percentage of annual income, with a cap.
Those individuals who wished to receive more specialized and expanded care could purchase supplemental plans that would be privatized and outside of the government financed universal system, just as we do today with employer or individual financed private insurance plans.
Healthcare providers who opted into the universal system would be rewarded by student loan forgiveness programs and subject to contracted wages/salaries negotiated between healthcare providers and states/federal government.
II. Focus on Prevention
Along with valuable screenings, check-ups, and other disease-detecting methods, an emphasis on nutrition, exercise, and natural-based, noninvasive therapies are needed as part of a first resort emphasis (i.e. acupuncture, myofascial release techniques, chiropractic, and various rehabilitative exercise therapies). If these therapies were covered benefits, they would no longer be the exclusive domain of the rich and privileged. And, if there were more interface between allopathic medical providers and alternative medicine practitioners, physicians, nurses, and other medical specialists would gain the ability to recognize when it would be valuable and appropriate to refer patients to these first resort treatment options.
This would be most efficiently implemented by establishing integrative clinical settings, where patients could travel to the same facility for all their healthcare needs, and where providers worked as a team to provide customized treatment plans for each patient.
Jennika Wildau, L. Ac.
Aloha Wellness Clinic
Aloha Annex Movement Studio
3400 Table Mesa Dr., Suite 204 205
Boulder, CO 80305
(720) 352-3722
email: jennika@email.com
To read more from Jennika check out her previous post
http://chicagoacupuncture.blogspot.com/2
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Iain and I lived in Chicago in 1968-1969. We were recalling events of 40 years ago. What a change from last evening where large crowds gathered to applaud Obama's victory!
We recall another gathering in Grant Park 40 years ago. It was the Democratic Party National Convention and subsequent riot of August 1968. The convention was being held in order to elect a nominee to run as the Democratic Partys choice for the next US President.
Between 10,000 and 15,000 demonstrators were arrayed against 12,000 police and 6,000 National Guard troops, with an international press contingent of more than 1,000 on hand to record events inside the International Amphitheatre and outside at locations from Lincoln Park to Grant Park.
The rioting which took place was publicized by the media, some of whose members experienced firsthand the strong-armed tactics of the police/National Guard. The next day the papers were full of it. I clearly remember these 2 photos!
The Chicago Tribune, a Republican, conservative paper, blamed the disturbances on extremists and provocateurs and was full of photos showing demonstrators beating up the police.
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