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Friday, October 21, 2005

British Columbia, Canada — The BC Teachers’ Federation (BCTF) and the government have both accepted mediator Vince Ready’s recommendations.

Premier Gordan Campbell announced in a news conference today that he will accept the plan unconditionally.

However, Jinny Sims (head of the BCTF) has said that she will only accept the proposal if the government provides firm class-size numbers and support for special-needs students.”We need for our students a guarantee in writing that this government will make changes to the School Act to put firm class-size numbers” Sims also said, “And in the School Act, they will address class composition. And that means support for special needs kids”.

Sims will recommend to her union to accept the proposal if these conditions are met.

Key points of the proposal to which both sides have agreed include:

• Government spends $40 million to “harmonize” teachers salaries across BC
• Another $20 million is spent on top of current funding to reduce class-size and help special-need students. This brings that funding up to $120 million.
• The government consults with the BCTF about how class-size reduction should take place.
• The government puts $40 million (one-time) into the unions long-term disability fund.
• The government raises pay for substitute teachers to $120 a day.

“I believe the recommendations provide a fair basis for resolution of the present dispute, especially in the context of the additional opportunities for the BCTF to address these and other issues in the next few months,” Ready’s report said.

If the union votes this weekend, classes could be in this Monday.

Justice Brenda Brown of the British Columbia Supreme Court made an order today that the BCTF must pay $500,000 for being in contempt of court. She noted that the fine would have been “significantly larger”, were it not for the fact that the two sides were working toward an agreement to quickly end the labour disruption. The amount was based on the union’s membership numbers and assets ($15 million).

Legal commentators noted that this is the largest penalty ever ordered by a Canadian court following a finding of contempt. A lawyer for the employer noted that he was satisfied with the size of the fine. Still, it’s not over yet. The court has the right to order further penalties if the union and its members continue their illegal job action. As well, an independent prosecutor appointed by the Attorney General’s office is reviewing the case to determine whether charges of criminal contempt are appropriate.

Thursday, November 24, 2011

A jury in New Jersey yesterday acquitted a Newark man of murdering five teens who vanished in the city in 1978. The prosecution had contended Lee Anthony Evans trapped the boys in an empty house before burning it down.

Alvin Turner, 16; Melvin Pittman, 17; Randy Johnson, 16; Ernest Taylor, 17; and Michael McDowell, 16 disappeared on August 20, 1978. Recently homicide detectives got involved and in March last year they arrested Evans and his co-accused Philander Hampton. Hampton, Evans’s cousin, had told police in 2008 that the pair were behind the teens’ deaths and, although witnesses placed the boys in Evans’s pickup truck, his testimony alone linked Evans to the mystery.

Evans represented himself through the majority of the case, although he did get his court-appointed lawyer, Olubukola Adetula, to take control of much of the trial’s latter stages. The case has been on trial since October 28. It was Adetula who cross-examined Hampton.

The defense noted the poor record of drug dealer and user Hampton, who has spent time in jail for crimes including theft. He confessed in a plea deal that sees him sentenced to ten years in prison in exchange for his testimony, but will be eligible for parole within months as he has already served most of the two years required by 1978 guidelines.

Hampton testified Evans, who is now 58, burned the quintet alive in revenge after discovering they had broken into his property and stolen a pound of cannabis. Evans often offered odd jobs to the teens and Hampton said Evans brought the youths in two trips to the vacant Camden Street house on the pretense of helping move boxes.

Hampton, who is set to be paid $15,000 by the state to assist his relocation for his safety, testified he acted as a guard for the first two youngsters whilst Evans brought the second group; he claimed to have believed all that was planned was a stunt to scare the five. He further told the court that Evans imprisoned all five in a cupboard sealed by a solitary nail, pouring gasoline (petrol) onto the building’s floors. Hampton said he gave Evans a match, who then set the house alight.

Other witnesses described seeing the boys in the back of Evans’s truck, and friends of the missing told the court the five had previously broken into Evans’s home to steal the drug. All five had small quantities of cannabis in their rooms when they vanished. However, testimony was inconsistent; the time of the final drug theft was in dispute, and Evans made a point of inconsistencies in testimony about the last known sightings of the boys, claiming accounts of them in his vehicle had changed over time.

The house in question was destroyed by fire. Specially trained dogs and sonar equipment both failed to show any trace of bodies at the site and the defense pointed out police searched a second site, which they said implied Hampton’s account was not fully believed. It took thirteen hours of questioning before Hampton volunteered his claims, and police spent a year attempting to find evidence to reinforce them without success.

The jury has been deciding its verdict since Friday and spent roughly twelve hours deliberating. Victims’ relatives wept as the foreman read out the verdicts, and Michael McDowell’s sister Terry Lawson insisted “not guilty does not mean innocent. Mr. Evans may have escaped the law but never the lord.” She nonetheless expressed gratitude the case went to trial. Multiple family members, including Lawson, have previously expressed confidence Evans killed their loved ones.

Evans sobbed after leaving court, after asking Judge Patricia K. Costello to tell him “You’re dismissed”. “Man, you won,” a friend told him, but Evans said he did not feel a winner although he was glad of the result. “That was the jury that wasn’t the people… It’s like someone put you in the oven and burned you up. You can’t undo that.”

He went on to claim Essex County officials and Newark mayor Cory Booker engaged in a corrupt conspiracy against him, with Brooker using the arrests to aid his re-election campaign; Evans claims the timing was no coincidence. Brooker denies the allegations. Evans contends he should never have been prosecuted.

Costello has promised to later deal with what she called “astonishing” behavior by assistant prosecutor Peter Guarino. Retrials were twice sought by the defense and denied; once, he asked a witness if they knew of an unrelated murder by the accused’s late brother. The other time a police officer appearing for Guarino as a witness mentioned a statement that two men were seen fleeing the fire; Costello had already said this was inadmissible evidence because the person behind the claim had since died. These incidents led to discussions without the jury present.

“[W]e are of course disappointed in the verdict, but respect the jury’s process,” said Essex County Acting Prosecutor Carolyn Murray. To answer a press question, she added “with respect to this case criminally, this case is closed.”

Thursday, December 27, 2012

Judge James A. Stoelker of Santa Clara County, California Superior Court was disqualified from hearing a case on predatory lending practices the day before Christmas, on a technicality. The case was filed by David and Salma Merritt of Santa Clara County against multiple defendants, including Countrywide, Bank of America, and First American Title, among others.

The Merritts had challenged Judge Stoelker’s involvement in the case, claiming many of his rulings had favored his former clients even when law would have indicated otherwise. Some of the defendants are Judge Stoelker’s former clients.

The events leading to this case began in 2006 when the Merritts accepted a home loan from Countrywide. At that time, Countrywide was advertising 30-year mortgages at between 1 and 3 percent interest. The Merritts received a “good faith estimate” consistent with those advertisements. They claim that Countrywide representatives tricked them into signing loan documents that were subsequently altered to appear to commit them to an obligation they had not agreed to.

A review of similar predatory lending cases filed by individuals in California found that all had been settled in at most 9 months, usually in favor of the banks. Merritt v. Mozilo has continued in the courts for much longer, celebrating its third anniversary last Saturday. The Merritts’ claims are consistent with published statements by Eileen Foster, former Executive Vice President of Fraud Risk Management at Countrywide, that fraud was endemic to certain parts of Countrywide.

Theirs was the only case heard in Department 9 that morning in recognition of Christmas. That hearing was scheduled, because the Sixth District of the California Court of Appeals (case number H038883) required the Santa Clara County Superior Court to (a) give all parties an opportunity to be heard regarding the possible disqualification of Judge Stoelker and (b) reply to the appellate court by December 26. This appellate ruling was only issued on November 26, and Judge Mark H. Pierce did not schedule the required hearing until December 12. The notice for this hearing required parties to file responses ten days before, which meant that the parties only had two days to prepare their replies.

On August 16, the Merritts learned Judge Stoelker had represented defendants in this case on numerous occasions before he was appointed to the bench in December 2010 and had not disclosed this fact to the Merritts. The next day they filed a Verified Statement of Disqualification asking Stoekler to recuse himself. The California Code of Civil Procedure (CCP) 170.3(c)(3) and (4) [confirmed in the 1988 appellate decision in Lewis v. Superior Court] give a judge ten days to respond to to such a motion. Stoelker replied on the eleventh day.

“All Rise” was heard at 9:04 AM local time Monday morning, whereupon Judge Pierce entered the courtroom. Attending by phone were attorneys James Goldberg representing Bank of America and Brian Craft representing First American Title. David Merritt was present representing himself. Goldberg had filed a brief asserting that the Merritts’ Verified Statement of Disqualification was served upon Judge Stoelker on August 17 but was not filed, as witnessed by the fact that it was not listed on the docket. Judge Pierce reported that he had checked the files and found that this Statement had indeed been filed, and he didn’t know why it was not on the docket. Attorney Goldberg suggested that the fact that the Statement was not on the docket may have contributed to Judge Stoelker’s failure to respond within the ten day limit. Judge Pierce replied, “That’s a stretch.”

Attorney Craft asked about next steps, since all action in this case had been stayed by the appellate court pending resolution of this issue. Judge Pierce then replied that Judge Manoukian would be handling discovery in this case, replacing Judge Stoelker in that capacity. He further stated that a reply to the appellate court had been prepared concurring with the appellate court’s disqualification of Judge Stoelker and asked Mr. Merritt to retrieve that order from the clerk in the courtroom and file it as usual with the clerk’s office. He also noted that this action would lift the stay. Other actions in this case could now proceed with the next steps being scheduled January 22, 2013, or later.

This is the second appellate reversal of decisions by this superior court in this case. The first reversal came on December 19, 2011, when the appellate court reinstated Wells Fargo as a defendant.

Friday, March 29, 2019Toronto Comicon 2019 returned to its titular city from March 15 to 17, as one of the largest pop culture events in Canada. The popular event featured celebrity guests like actors Dan Fogler, Ron Perlman, John De Lancie, John Rhys-Davies, and Jaleel White, as well as comic artists, authors, and professional cosplayers. The event included a large show floor with hundreds of retailers and artists promoting their creations. Wikinews’ Nicholas Moreau attended the event, taking photos of the various sights.

John Rhys-Davies broke news when he revealed that a Sliders reboot is being considered. “Jerry [O’Connell] and I are talking to NBC at the moment. The basic problem is that no one knows who owns the rights”. Their legal department had apparently been looking into the matter for two months, as of the convention weekend. Emma Caufield talked of being cast in an NBC television pilot while a recurring guest actor on Buffy the Vampire Slayer. Faced with loosing the character of Anya Jenkins, the producers finally committed to making her a regular. “It was a good day,” she recalls.

Special effects costumer Ian Campbell, whose screen credits include Star Trek: Discovery, had a booth at the convention displaying his prop replicas and cosplay items. Amidst the bustle of activity, Campbell was working on a Thanos helmet sculpt. After the convention, he told Wikinews that “it can be tough to maintain focus with so many people streaming past and along questions, but sculpting in front of a crowd at conventions is great because it allows people to see the process that goes into what I do […] it also can serve as inspiration to other to pursue their own artistic endeavors.”

Lisa Mancini has been cosplaying for two years, her “passion” for the hobby “stemmed through my love for Halloween.” She typically chooses “to portray beloved characters from childhood or strong females. I also enjoy a good gender bent cosplay to ensure a touch of uniqueness!”

Mancini told Wikinews after the event that the best part of cosplay is “bringing a character to life.” One of the characters she took on this year was Squirrel Girl, a Marvel Comics character. Mancini has been described by the Daily Hive as a “squirrel whisperer”, for the close affinity some of the animals have for her.

Stephanie Chapman has knit a variety of knit outfits, an uncommon technique for cosplay. Prompted by Ron Perlman’s visit, she wore a costume based on Hellboy character Abe Sapien, which lacks the eyeholes of her normal masks. With “Abe, I wanted to go for accuracy over comfort,” Chapman told Wikinews, a choice leaving her largely helpless without a handler. The costume “is very warm […] so I have to stay hydrated and try to keep as calm as possible. It’s just really hard to stay calm when I meet someone like Ron Perlman”. With the combination of excitement and “the stress I’m putting on my body”, she shared that she was prone to meltdown in suit.