http://story.news.yahoo.com/news?tmpl=story&cid=514&e=1&u=/ap/20041222/ap_on_re_mi_ea/iraq_3

Suicide Bomber Said Cause of Iraq Attack

By SLOBODAN LEKIC, Associated Press Writer

BAGHDAD, Iraq - The U.S. military said Wednesday that a suicide bomber likely carried out the explosion at a U.S. base near Mosul, spraying a crowded mess tent with small pellets and killing 22 people — nearly all of them Americans.

The announcement raised questions about how the attacker infiltrated the base, which is surrounded by blast walls and barbed wire and guarded by U.S. troops. However, as in many other U.S. military facilities, Iraqis do a variety of jobs at the base, including cleaning, cooking, construction and office duties.

The apparent sophistication of Tuesday's operation — the deadliest single attack on U.S. troops since the war began — indicated the attacker probably had inside knowledge of the base's layout and the soldiers' schedule. The blast came at lunchtime.

"We have had a suicide bomber apparently strap something to his body ... and go into a dining hall," Gen. Richard Myers, the chairman of the Joint Chiefs of Staff, told reporters at the Pentagon (news - web sites). "We know how difficult this is to prevent people bent on suicide and stopping them."

There was little apparent sympathy for the dead Americans on Mosul's deserted streets, where hundreds of U.S. troops, backed up by armored vehicles and helicopters, blocked bridges and cordoned off Sunni Muslim areas of Iraq (news - web sites)'s third-largest city.

"I wish that 2,000 U.S. soldiers were killed," declared Jamal Mahmoud, a trade union official.

Initial reports said a rocket had ripped into the tent. Later, however, a radical Sunni Muslim group, the Ansar al-Sunnah Army, claimed responsibility, saying it was a "martyrdom operation" — generally a reference to a suicide bomber.

Military officials in Iraq said Wednesday that shrapnel from the explosion included small ball bearings, which are often used in suicide bombings but are not usually part of shrapnel from rockets or mortars.

The attack sparked renewed concerns about the ability of U.S. troops and their Iraqi allies to secure elections Jan. 30. The military said they had expected an increase in violence as insurgents attempt to derail the vote for an assembly that will draft Iraq's new constitution.

"Insurgents, who have everything to lose, are desperate to create the perception that elections are not possible," said Gen. George W. Casey, the commander of multinational forces in Iraq. "We will not allow terrorist violence to stop progress toward elections."

Mortar attacks on U.S. bases, particularly on the huge, white tents that serve as dining halls, have been frequent in Iraq for more than a year. Just last month, a mortar attack on a Mosul base killed two troops with Task Force Olympia, the main force responsible for security in northern Iraq.

Tuesday's blast wrecked the mess tent at Forward Operating Base Marez, a military camp for U.S. and Iraqi government forces just south of Mosul.

The 22 dead included 13 U.S. service members, five U.S. civilians, three Iraqi National Guard members, and one "unidentified non-U.S. person," the U.S. military command in Baghdad said Wednesday evening.

Myers said authorities don't know whether the unidentified person was the likely bomber.

Of the 69 wounded, 44 are members of the U.S. military, seven are U.S. contractors, five are civilian workers for the Defense Department, two are Iraqi civilians, 10 are contractors of other nationalities, and one is of unknown nationality and occupation, the statement said.

About 50 people — most of them injured soldiers from Mosul — arrived in Germany on Wednesday aboard an Air Force C-141 transport plane. As a light snow fell, some wounded were carried away on stretchers.

Halliburton Co. lost four American employees in the attack, the Houston-based contractor said. Sixteen other Halliburton workers, including 12 subcontractors, were injured seriously.

In the immediate aftermath of Saddam Hussein (news - web sites)'s ouster in April 2003, U.S. commanders cited Mosul — with a population of 1.2 million some 220 miles north of Baghdad — as a success story. But armed opposition has mounted, especially since last month's successful U.S.-led operation to retake the insurgent-held town of Fallujah.

Many insurgents apparently moved to Mosul, where guerrillas launched a coordinated surprise attack in November against police stations. The municipal police force, estimated at over 6,000 officers, disintegrated; despite the success of U.S. troops a few days later in re-establishing control, only part of the police force has returned to work.

On Wednesday, hundreds of U.S. troops blocked five bridges over the Tigris river, and patrols spread out through the mainly Sunni neighborhoods of Muthanna, Wahda and Hadabaa.

Although no curfew was proclaimed, an Associated Press reporter said city streets were virtually deserted as personnel carriers and armored Humvees rumbled through.

Lt. Col. Paul Hastings, spokesman for Task Force Olympia, said the operation had been planned before Tuesday's attack. He said five of the bridges were closed to civilian traffic.

"We are targeting certain objectives, geographical as well as intelligence information about the terrorists," he said. "We are going to take the fight to the enemy."

Some residents watching the U.S. troops said they were worried about the possible repercussions of the base attack.

Sadiq Mohammed, a grocer, expressed concern that the U.S. military would use the attack as a pretext for a major crackdown in the city. "Yesterday's attack on the American base will for sure lead to an escalation in U.S. military activities in Mosul," he said.

Izdihar Kamel, a civil servant, praised those who had carried out Tuesday's attack.

"It was a heroic operation," Kamel said. "This is jihad and he who carried out this attack is a hero."

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http://www.azcentral.com/news/articles/1223phxbustedcop23.html

Ex-officer sentenced in drug case

Michael Kiefer The Arizona Republic Dec. 23, 2004 12:00 AM

A former state Department of Public Safety patrol officer who traded drugs for sex pleaded guilty in Maricopa County Superior Court on Wednesday and was sentenced to probation.

Michael D. Thompson, 31, expressed his remorse for no longer being a law enforcement officer.

"I just want to take full responsibility for what I did and for the hurt I caused my family," he told Judge Ronald S. Reinstein.

"The public is a victim because you violated their trust as a police officer," Reinstein replied.

Thompson, a Mesa resident, had been a DPS officer since 1999.

According to Maricopa County Attorney's Office spokesman Bill FitzGerald, DPS investigators first learned that Thompson might be exchanging drugs for sexual favors in July and set up a sting operation with a young woman who had had a relationship with Thompson.

On Sept. 23, according to FitzGerald, Thompson met with the woman, threw a packet of cocaine on the floor and told her to "earn" it.

Deputy County Attorney Elizabeth A. Gilbert said Thompson used drugs and his authority as a police officer as a method of control.

"He was using her desire for drugs as a way to make himself feel better about himself," she said in court.

Thompson was charged with sale or transportation of drugs; he was allowed to plead guilty to the lesser felony count of solicitation of transfer of narcotic drugs.

Reinstein accepted his plea and sentenced him to 18 months of supervised probation and 125 hours of community service.

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http://www.azcentral.com/news/articles/1223prop200hearing23.html

Prop. 200 now law in Arizona
Tucson judge clears it; foes plan to appeal

Susan Carroll and Yvonne Wingett
The Arizona Republic
Dec. 23, 2004 12:00 AM

TUCSON - A federal judge on Wednesday lifted an order barring Proposition 200 from becoming law, clearing the way for state, county and municipal employees to immediately start reporting to immigration authorities suspected undocumented immigrants seeking public benefits.

U.S. District Judge David Bury's decision allowed Gov. Janet Napolitano to issue an executive order enacting the controversial voter-approved legislation Wednesday afternoon. The decision left some municipal officials across the Valley and state scrambling to prepare workers who will be required to ask all who apply for public welfare benefits for proof of citizenship.

Attorneys for the Mexican American Legal Defense and Educational Fund, the legal advocacy group that sued to stop the government from enforcing the initiative, plan to appeal the decision to the 9th U.S. Circuit Court of Appeals in San Francisco today or Monday. But state officials vowed that the law will go into effect and said workers will be equipped to deal with the new reporting requirements.

"Proposition 200 is now the law of Arizona," Napolitano spokeswoman Jeanine L'Ecuyer said. "And (the governor) expects that agencies will comply with the terms of 200 and any related issues."

The initiative requires state and local employees to verify the immigration status of people applying for public benefits and report undocumented immigrants or face possible criminal prosecution.

Arizona Attorney General Terry Goddard issued an opinion that narrowly defined "public benefits" to mean welfare. For example, the Arizona Department of Economic Security administers five programs that are affected by Proposition 200, state officials said. They include General Assistance, Sight Conservation, Neighbors Helping Neighbors, Utility Repair, Replacement and Deposit and the Supplemental Payment Program.

Proposition 200 proponents have a lawsuit pending that would expand Goddard's definition to include considerably more services.

Bury, appointed to the Arizona court by President Bush, sided with attorneys defending Proposition 200, which was approved by 56 percent of Arizona voters Nov. 2. The judge's decision to lift the restraining order he signed Nov. 30 was assailed by immigrant advocates but hailed by Proposition 200 supporters who gathered outside the Tucson courthouse after a hearing.

'A huge win'

"This is a huge win for the taxpayers of the state of Arizona, the rule of law and the Constitution," said Rep. Russell Pearce, R-Mesa, who helped craft the initiative. "And it sends a message that we have the right to report those people who are in the country illegally, especially when they're attempting fraud."

Thomas Saenz, vice president for litigation for the legal-defense organization, criticized the judge's decision and vowed to continue to battle the initiative, which many immigrant rights advocates said could spark other states to push for similar legislation. Attorneys for the organization argued that the law was unconstitutional and would harm undocumented immigrants and state and municipal employees.

The organization sued in November on behalf of more than a dozen plaintiffs, including undocumented immigrants, their children and state employees from the Valley and Tucson.

"We think he (Bury) was wrong on the law," Saenz said. "We think he was wrong on weighing the harms. We think he did not understand clearly how devastating the effects of this law could be, and how unconstitutional it is."

Immigrant: 'It's racist'

Jesus Garcia, an undocumented immigrant from Sonora, said the proposition already has bred fear and uncertainty in immigrant communities. Garcia, a 47-year-old construction worker who has lived in Tucson since 1998 after spending nearly a decade in the Valley, said his wife is afraid to go to government offices, even though the couple's three children are U.S. citizens.

"I think it's racist," Garcia said. "They don't understand if (undocumented immigrants) receive help, it's not for them, it's for the kids who are U.S. citizens. They're trying to put pressure on immigrants, and it's very dangerous . . . because some won't seek help."

Napolitano ordered agencies to perform random checks to guarantee Proposition 200 is properly implemented. Starting today, state, county and municipal employees will have to alert federal immigration officials in writing of suspected undocumented immigrants seeking public benefits. Those who failed to do so could face a Class 2 misdemeanor punishable by up to four months in jail and a $750 fine.

The measure also would give residents the right to sue the state, county or municipal government to remedy violation of federal immigration law.

Impact unclear

Many government officials said they remain unsure which services will be affected or to what degree. The DES has trained an estimated 2,350 employees to check documentation, officials said. If problems arise, the state will "defend any employee who makes a good-faith effort to follow the law," said Liz Barker, a DES spokeswoman.

In a packed hearing in Tucson federal court, Hector Villagra, the lead attorney for the Mexican American Legal Defense and Educational Fund, told Bury that the law remains vulnerable to interpretation and urged the judge to issue an injunction until the state had a binding interpretation of the proposition.

"Immigrants would face a chilling effect from the initiative's reporting requirements," he warned before the decision.

Steve LaMar, representing the state government, argued that the "people of Arizona spoke" with the passage of Proposition 200 and that the judge, barring constitutional concerns, was bound to uphold the law.

"The people of Arizona spoke directly, and what is the message if we take up the plaintiff's flag?" he asked. "It breeds apathy, and we don't need that in America in 2004."

Bury said the government had addressed the court's "serious concerns" outlined in the temporary order issued in November and issued a written decision that rejected the fund's motion. He said the state interpretation does not go beyond the scope of federal law, which already requires proof of eligibility for public benefits.

Officials calm fears

After the hearing, immigrant advocates pushed for people to come forward if they believe they are wrongly denied benefits, while some government officials tried to calm fears about the proposition's impact.

"It's not a massive ruling that applies to all benefits," said Maricopa County Supervisor Mary Rose Wilcox, who opposed Proposition 200. She said Goddard's interpretation limits the law's impact. "You don't have to be worried about being deported. You don't have to worry about going to the banks or sending your children to school."

Elias Bermudez, executive director of downtown Phoenix's Centro de Ayuda (Center of Help), which prepares citizenship documents for immigrants, said immigrants won't know what benefits would be at stake. The main problem, he said, is that immigrants may not want to seek medical care for fear of being deported.

"It's a slap in the face to the Latino community," he said of the ruling. "We're very sad and feel sorry this is happening to our state."

Reporter Elvia Daz contributed to this article.

http://www.azcentral.com/specials/special29/articles/1114Prop200QA14.html

What you should know about the latest on Proposition 200

The Arizona Republic Nov. 14, 2004 12:00 AM

Attorney General Terry Goddard has concluded that Proposition 200 affects certain public welfare benefits for undocumented workers, but not a wider array of services such as public housing assistance, health care and postsecondary education.

His opinion shed light on the potential effects of the immigration initiative approved by voters Nov. 2. But many questions remain, some of which were resolved by the latest ruling in federal court.

Goddard, for example, did not address the impact of Proposition 200 on voting in Arizona. The initiative would require all Arizonans to show proof of citizenship to register to vote and to show an ID when casting a ballot in person. That provision must be cleared by the U.S. Department of Justice.

In the wake of Goddard's opinion and other developments over the past week or so, here are some key questions and answers:

Q: How does the initiative affect Arizonans?

A: It says that all Arizonans must show proof of citizenship when registering to vote and prove legal status when asking for certain types of non-federally mandated public benefits.

Q: How will it affect undocumented immigrants?

A: They will not be entitled to receive certain state and local welfare benefits. Goddard's opinion says those benefits must be defined narrowly as those identified under Title 46 of Arizona statutes, which deals with welfare. Undocumented immigrants would continue to receive welfare benefits they are required to receive under federal law.

Q: Will this be a big change for undocumented immigrants?

A: Some legal experts say the changes would be minimal, that Proposition 200 as interpreted by Goddard would mainly enforce the existing law. The big difference would be that state and local workers could be charged with a misdemeanor if they don't withhold / certain welfare benefits from undocumented workers.

Q: Are judges required to follow Goddard's opinion?

A: No, although the opinion and the research are expected to be influential when the case goes to court.

Q: What will happen after lawsuits are filed against the initiative?

A: Lawyers will ask a federal judge to issue a preliminary injunction. If the injunction is granted, the initiative would be put on hold until all the legal matters are resolved.

Q: What if the court refuses to put it on hold?

A: Then it goes into effect. At that point, state and city employees will have to check the immigration status of everyone who applies for public welfare benefits. Goddard said his office will be working with state and local agencies to help them determine which welfare benefits are in question.

Q: Will children of undocumented workers be allowed to attend public schools in Arizona after the measure goes into effect?

A: Federal law exempts kindergarten to 12th grade public education, emergency medical care and any federally mandated programs.

Q: Is it safe for undocumented immigrants to send their children to school?

A: Yes. Public schools will not turn over to immigration authorities students who are living here illegally.

Q: Will undocumented workers be able to receive emergency care at Valley hospitals?

A: Yes. Such care is federally mandated.

Q: Will undocumented workers be able to get care under the Arizona Health Care Cost Containment System?

A: Yes, according to Goddard's opinion. He said the measure doesn't affect AHCCCS, the program that provides health coverage to the poor.

Q: Will doctors be asking for immigration papers?

A: Not when people go to the emergency room. Federal law says medical providers must treat anyone who has a medical emergency.

Q: How about private doctors?

A: Private medical providers may be required to verify the legal status if they provide any publicly funded services.

Q: What kind of identification will be needed when seeking services?

A: That's still unclear. But likely the following: a birth certificate, naturalization papers, Arizona driver's license issued after 1996, legal residency card, commonly known as a "green card."

Q: Will such services as police and fire protection be affected by Proposition 200?

A: Not according to Goddard's opinion.

Q: What welfare benefits could be affected under Title 46?

A: Goddard and local officials acknowledge they are still sorting it out, but authorities say the programs could include Meals on Wheels for seniors, domestic violence services and utility assistance programs. Title 46 also covers such programs as temporary assistance for needy families, child care services, short-term crisis services and supplemental payment programs.

http://www.azcentral.com/news/articles/1223prop200cities.html

For many communities, law's effect is a puzzle

Yvonne Wingett The Arizona Republic Dec. 23, 2004 12:00 AM

Some communities and counties across Arizona are not prepared to implement Proposition 200, officials have not identified which services could be affected and some don't even know what the voter-approved measure actually does.

Elected and top administrators from border communities and in central Arizona on Wednesday said they have not planned for Proposition 200 because they figured it would be caught up in the courts for years, they considered it unreasonable or they "have other things on their plates."

Tucson, Flagstaff and Phoenix interpret Proposition 200 differently while other midsize cities say it either doesn't affect them or they haven't yet addressed it.

Opponents and supporters of Proposition 200 alike are expected to test officials' implementation of the law at small border, mining and heavily Hispanic towns.

"I'm not worried whether it will affect our community right now," said Guillermina Fuentes, mayor of the mostly Hispanic border town of San Luis. "I tend to live on a daily basis. I don't think that it will become law."

But it did at 3:15 p.m. Wednesday after a federal judge lifted an order prohibiting the immigration measure from becoming law.

Even before the judge's ruling, the state, Phoenix and other Valley governments shielded their employees from legal actions stemming from the measure. But employees in small rural towns are uncoached and on their own.

Eloy City Manager Jim McFellin said that "we don't see there's a need at this time" to talk with employees about Proposition 200.

"I'd rather not speak to this issue at all," he said.

Council members in Miami weren't even familiar with Proposition 200: "I just don't think it is a major issue on our plate right now," Vice Mayor Ray Webb said. "It isn't something that we're looking at."

And Douglas has deemed the new law impractical and has not talked to the city's staff about it.

"Needless to say, it's going to be devastating," said Mayor Ray Borane, noting that 95 percent of the city's 17,000 population is Hispanic.

"Proposition 200 is such an impractical thing to put on a community like Douglas. Almost every public institution in the city of Douglas would be directly affected because of the ethnicity population."

Borane and other municipal leaders and officials said they don't foresee changing procedures, though many haven't determined whether they administer programs that fall under Attorney General Terry Goddard's interpretation.

His opinion narrowly defines what a "public benefit" is, but some municipalities are having a difficult time interpreting his opinion.

San Luis officials, for example, believe librarians will have to ban undocumented immigrants from checking out books and hooking up services, despite assurances from the state that they will not.

Legal experts said municipal officials should study programs and regulate right away.

"I think this is a serious problem for them," said Paul Bender of Arizona State University's College of Law. "You've got these people like Randy Pullen (a key backer of Proposition 200), who might go around trying to bring suits against those people and hold them liable even for criminal penalties for violating the law."

Phoenix, meanwhile, has trained about 200 Human Services Department employees to implement the city's version of the law. Just after the election, city attorneys determined that bus tickets, senior center meals, caseworker services, Reserve-a-Ride, rental assistance and other programs would be affected.

But after a series of revisions and advice by the state Department of Economic Security, the city determined that only its Utility Repair, Replacement and Deposit and Neighbors Helping Neighbors programs would be affected.

Chandler is not prepared but doesn't anticipate much impact on its programs except for municipal housing.

"There are a lot of dynamics out of our control," city spokeswoman Nachie Marquez said.

Midsize cities such as Avondale say they will take their lead from Phoenix's interpretation of the law, but Phoenix's reading could change.

Tempe has determined that it does not directly provide benefits tied to Proposition 200, but says two of its agencies, community services and housing services, could trigger compliance.

Tucson, Queen Creek, Sedona, Flagstaff, Glendale and Goodyear officials also have determined they don't offer services that would be affected by the law.

Pima County is ready to implement the provisions but said it will be difficult to carry out because it adds another layer of bureaucracy.

Coconino County is uncertain which programs will be affected.

Reporters Susan Carroll, Elvia Daz, Marty Sauerzopf, Jahna Berry, Edythe Jensen, Monica Alonzo-Dunsmoor and Alia Rau contributed to this article

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http://www.eastvalleytribune.com/index.php?sty=33577

Priests charged with theft, fraud
By Lawn Griffiths and Gary Grado
Tribune

A grand jury has indicted two priests on charges they stole $160,000 from the Holy Cross Parish in Mesa.

Maricopa County Attorney Richard Romley said Wednesday that the Rev. Dennis Riccitelli, the church’s former pastor, and the Rev. Blase Meyer, associate pastor at St. Clement in Sun City, worked a number of schemes to steal from Holy Cross, 1244 S. Power Road.

Romley said Riccitelli, who had been the church’s pastor since 1996 until his resignation in December 2003, would reimburse credit card expenses to himself that the church had already paid, write checks to himself from the church bank account, and have staff cash checks from the petty cash fund for his personal use.

A report from the Mesa Police Department also indicates that Riccitelli and Meyer co-owned property they would lease to the church to house visiting priests, and bill the church even for vacant property.

The investigation went back only two years because the financial documents from previous years had been destroyed.

"If we had the paperwork, we would have looked into it," Romley said.

Riccitelli is charged with 14 counts of theft and fraudulent schemes and artifices and Meyer faces one count of each charge.

The Roman Catholic Diocese of Phoenix has placed both men on administrative leave and suspended their priestly duties.

Police arrested the two priests at a Mesa home in the 7100 block of East Juanita Avenue on Tuesday, which defense attorney Joe Keilp said was an unnecessary use of public funds because Riccitelli had agreed to surrender once the grand jury returned its indictment.

"We intend to vigorously defend against these charges until Father Riccitelli is vindicated," Keilp said.

Meyer is free on $8,100 bail.

Riccitelli, who is free after posting a $81,000 bail, resigned his pastor position at St. Jerome in west Phoenix in 1995 amid a battle over personnel and finances.

Romley said the parishioners there went to Bishop Thomas J. O’Brien, then leader of the Phoenix diocese, and threatened a charity boycott unless Riccitelli was removed.

O’Brien transferred Riccitelli to Holy Cross rather than calling police, Romley said.

Romley said the new culture under Bishop Thomas J. Olmsted, who has led the church the last year, is "very welcome."

The diocese conducted an internal audit of the church in the first week of December 2003 and "found significant financial concerns and procedures that did not conform to diocesan policy," said the Rev. Fred Adamson, the diocese’s moderator of the Curia.

"In March 2004, Bishop Olmsted determined that the diocese needed assistance in this matter and the Mesa Police Department was asked to conduct an official investigation," Adamson said.

Don Seyfferle, a member of the parish since its founding in 1978, had helped lead a petition drive more than five years ago to get O’Brien to remove the priest from Holy Cross. He said petitions, phone calls and letters to the bishop went unheeded.

Seyfferle said parishioners were upset that Riccitelli did not have a parish finance committee to oversee church funds, contrary to church law.

"He had so much control on what came in and all the deposits," he said. While many families quit the parish amid the turmoil, many parishioners had the attitude that "a priest can do no wrong" and were a "bunch of sheep," he said.

The church is home to 2,800 families and celebrates 13 masses a month.

Adamson said the diocese has taken "actions to minimize any financial loss to Holy Cross Parish."

The diocesan lawyer, Michael Haran, said the diocese and Riccitelli’s lawyers have been talking for a long time about recovering money for the church.

"If necessary, we’ll bring a civil action," Haran said.

Seyfferle said Holy Cross has rebounded in the year since Riccitelli’s suspension. "We have a good priest (the Rev. Richard Felt) now, and so many parishioners have started coming back and the parish is crowded again."

Contact Lawn Griffiths by email, or phone (480) 898-6522.
Contact Gary Grado by email, or phone (602) 258-1746.

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http://news.bostonherald.com/international/view.bg?articleid=61323

Saudi Arabia beheads Pakistani, Iraqi men
By Associated Press
Saturday, January 1, 2005

RIYADH, Saudi Arabia - Two men, a Pakistani and an Iraqi, were beheaded Saturday for smuggling drugs into Saudi Arabia, the Saudi Interior Ministry announced.

The Pakistani, Mohammed Amin Abdullah Jan, was convicted of smuggling an undisclosed amount of heroin into the kingdom and was beheaded in the Red Sea port city of Jiddah, the ministry statement said.

Mattar bin Hussein bin Bakhit al-Khazaali, an Iraqi, was convicted of smuggling hashish into the kingdom and was beheaded in the northern town of Arar, close to the Iraqi border, according to the ministry.

Al-Khazaali is the second Iraqi to be executed in this border town in the past 10 days. Qaied bin Kamal bin Mohammed al-Zayadi, an Iraqi, was convicted of smuggling an undisclosed quantity of hashish into the kingdom and was beheaded in Arar on Dec. 22.

At least 35 people were beheaded in the kingdom in 2004 compared with 52 people in 2003, most of whom were convicted of drug smuggling.

Saudi Arabia follows a strict interpretation of Islam under which people convicted of drug trafficking, murder, rape and armed robbery can be executed. Beheadings are carried out with a sword in public.

( © Copyright 105 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. )

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http://www.azcentral.com/arizonarepublic/local/articles/1231neaudit31.html

Audit: Police should store evidence better

Holly Johnson
The Arizona Republic
Dec. 31, 2004 12:00 AM

SCOTTSDALE - Scottsdale police need to find a better way to systematically enter and store evidence, a recent city audit found.

The 99-page report found that the department failed to properly dispose of impounded property, money and firearms.

Several recommendations can't be addressed until city ordinances are changed, Chief Alan Rodbell said. But the department has already remedied some of the issues outlined by City Auditor Cheryl Barcala. advertisement

"We've put together a very aggressive schedule to meet every one of those 29 recommendations," Rodbell said.

Some of the recommendations include changing the way invoices for impounded property are prepared, identifying and disposing of items dating to the late 1980s and developing a database for managing impounded property.

The audit found that computerized and written documentation of impounded property does not accurately reflect whether that property has been released or destroyed. Some items in police possession may not be accounted for, and it's unknown how many pieces of unneeded evidence are in the department's possession.

Often, property held has exceeded by decades the holding period required by law.

State law dictates that officers submitting property to the unit must fill out a receipt of issue, but Scottsdale does not require that paperwork.

The audit recommends police create a streamlined method of preparing invoices and ensure efficient processing. Police expect that to be completed by April.

"This is basically housekeeping," Barcala said. "They need to undertake, first off, a systematic process to review the property they have and determine what can be disposed of."

The report marks the first time the city has audited the Police Department's property unit.

"I welcome audits," Rodbell said. "This is a way of coming in and looking at how we can operate more efficiently. The encouraging thing is they didn't find anything mishandled or lost for court purposes. Nothing was destroyed that shouldn't have been. We don't have employees taking items and using them for their own use."

Rodbell said the volume of property seized by police makes it difficult for the understaffed property unit to get to old evidence.

"We clearly work with a large number of cases where new stuff comes in, and we don't prioritize getting rid of the old stuff," he said. "You have a lot coming in that has to be processed, and little time is spent getting rid of the old stuff."

Reach the reporter at holly. johnson@arizonarepublic.com.

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more on phoenix htmlpolice beating video taped by news 12

http://www.azcentral.com/news/articles/0101inmate01.

Scuffle brings on inquiry
Assault by police claimed

David J. Cieslak
The Arizona Republic
Jan. 1, 2005 12:00 AM

A 22-year-old man involved in a scuffle in November with Phoenix police believes he's permanently disabled from the incident and said the officers should face assault charges for their actions.

Jaime Jimenez-Espinoza, a Mexican national charged with attacking a pregnant woman near 43rd Avenue and McDowell Road, said he was embarrassed by the altercation with the officers and has nightmares about it. The Nov. 23 scuffle was captured on videotape by a 12 News crew in the station's helicopter.

"I guarantee you, if I hit one of them, they would punish me," Jimenez-Espinoza said through a translator during an interview at the county's Durango Jail. "The police should learn from this so they don't do this again." advertisement

Phoenix police have launched two investigations, a criminal probe and an internal review, into the officers' conduct during the scuffle, said Sgt. Randy Force, a police spokesman. Once completed, the criminal investigation will be forwarded to the Maricopa County Attorney's Office, where prosecutors will decide whether to charge the officers.

"We're well aware that the officers' actions caused concern not only within the community but within the Police Department," Force said Thursday night. "If the County Attorney's Office believes these officers broke the law, it'll be up to them to take action."

The altercation occurred after Jimenez-Espinoza bolted from a car following a pursuit through west Phoenix. The married father of a 1-year-old boy said he ran from police because he feared immigration officials would deport him if he was arrested.

Police chased Jimenez-Espinoza after he reportedly robbed and assaulted a pregnant woman, then forced her into a vehicle at gunpoint. The woman was not seriously injured, authorities said.

Jimenez-Espinoza was charged with kidnapping, armed robbery and assault in connection with the incident. He declined to discuss the events leading up to the scuffle with authorities, saying only that he met the woman earlier in the day and he believes her testimony will exonerate him.

After a brief foot pursuit, Jimenez-Espinoza said he was surrendering and had his hands in the air when the altercation began. The 12 News footage shows Jimenez-Espinoza was handcuffed through most of the scuffle.

Among the actions shown on the unedited tape:

• Officer Steven Huddleston, 31, lunges at Jimenez-Espinoza, who was facing a wall and did not appear to be resisting.

• Once Jimenez-Espinoza is on the ground, an officer strikes him twice in the torso with his hand. Police then drag the suspect in the dirt before an officer places a foot on his midsection.

• Officer Thomas Beck, 32, talks to Jimenez-Espinoza with his fist on the man's head and neck, clearly placing a large amount of weight on him.

• The officers roll Jimenez-Espinoza onto his back and begin searching his pockets. A short time later, Beck punches him in the groin. They flip him back over and Huddleston stands on the back of Jimenez-Espinoza's left knee for a few seconds.

• As police walk the suspect to a patrol car, Huddleston strikes Jimenez-Espinoza's face with his elbow.

Jimenez-Espinoza, who said he has not met with an attorney since his initial court appearance three weeks ago, believes his feet were damaged in the scuffle and claims he has recurring pain in his head and back. He said he's considering legal action against the city.

"They were abusing me. I was defenseless there," said Jimenez-Espinoza, who claims officers were shouting racial slurs as they struck him. "I was just thinking everything should have been fine, but they were beating me up a lot. They just kept hitting me."

Photographer Carlos Chavez contributed to this article.

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http://www.azcentral.com/news/articles/1231iraq-gas31.html

U.S. to reissue legal memo on torture

Curt Anderson
Associated Press
Dec. 31, 2004 12:00 AM

WASHINGTON - The Justice Department is issuing a rewritten legal memo on the meaning of torture, backing away from its own assertions before the Iraqi prison abuse scandal that torture had to involve "excruciating and agonizing pain."

The 17-page document states flatly that torture violates U.S. and international law and omits two of the most controversial assertions made in now-disavowed 2002 Justice Department documents: that President Bush, as commander in chief in wartime, had authority superseding U.S. anti-torture laws and that U.S. personnel had several legal defenses against criminal liability in such cases.

"Consideration of the bounds of any such authority would be inconsistent with the president's unequivocal directive that United States personnel not engage in torture," said the memo from Daniel Levin, acting chief of the Office of Legal Counsel, to Deputy Attorney General James Comey. advertisement

Critics in Congress and many legal experts say the original documents set up a legal framework that led to abuses at the Abu Ghraib prison in Iraq, in Afghanistan and at the U.S. prison camp for terror suspects at Guantanamo Bay, Cuba. After the Iraqi prison abuses came to light, the Justice Department in June disavowed its previous legal reasoning and set to work on the replacement document to be released today.

The Justice memo, dated Thursday, was being released less than a week before the Senate Judiciary Committee was to consider Bush's nomination of his chief White House counsel, Alberto Gonzales, to replace John Ashcroft as attorney general.

Democrats have said they will question Gonzales on memos he wrote that were similar to the now-disavowed documents that critics said appeared to justify torture.

The release also coincided with continuing revelations of possible detainee abuse, most recently a series of memos from FBI agents uncovered in an American Civil Liberties Union lawsuit alleging instances of Defense Department wrongdoing during a variety of interrogations.

The new memo sets a far different tone: "Torture is abhorrent both to American law and values and to international norms."

http://www.azcentral.com/news/articles/1231iraq-gas31.html

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wife beating piggy resigns.

http://www.azcentral.com/arizonarepublic/local/articles/1231phxbriefs31.html

Phoenix news briefs

Dec. 31, 2004 12:00 AM

Officer shot by wife resigns from force

PHOENIX - A Phoenix police detective who was shot by his wife this week, then arrested on charges he assaulted her, has resigned.

Detective Billy Soza, 53, submitted his resignation Wednesday from a Maricopa County jail where he is being held, police said.

Soza's wife told police she shot him Monday night in self-defense after Soza held her captive in their bedroom, put his service weapon in her mouth three times and stepped on one of her breasts, where a lump was surgically removed earlier that day. Pamela Soza, 44, reportedly said her husband had been beating her for the past 20 years and that he wanted to kill her. She was not arrested.

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http://www.prensahispanaaz.com/edicion/principal/notas/mi.htm

Edición: 691. Del 29 de diciembre del 2004 al 4 de enero del 2005. Phoenix, AZ.

Minimizan impacto de la 200

Recomiendan a la gente seguir su vida normal y denunciar cualquier abuso.

Leo Hernández

Debido a que afectará solamente cinco programas de asistencia social, la Ley 200 no causará un impacto significativo en la vida de los inmigrantes de Arizona.
Por tal motivo todos deben continuar con su rutina diaria llevando a sus hijos a la escuela y yendo al doctor en caso de que sea necesario.
Así lo manifestó Alfredo Gutiérrez, director de la Coalición Estatua de la Libertad, al recordar que los beneficios sociales afectados por dicha ley ni siquiera son solicitados por los indocumentados.

“Es cierto que nos ha dado un golpe bajo el racismo, pero no estamos derrotados, le queremos decir a toda la gente que no pasa nada, que pueden continuar con su vida normal”, recalcó el activista.

Comentó que algunas personas le han llamado muy asustadas, diciéndole que tienen miedo de ir al hospital o de llevar sus hijos a la escuela; otros le han expresado su temor de perder su casa.

Pero Gutiérrez aseguró que nada de eso va a pasar y que si hay algún abuso inmediatamente debe ser denunciado.

Como se recordará, la 200 fue convertida en ley el pasado 22 de diciembre, cuando el juez David Bury levantó la suspensión temporal que la había congelado.

Al respecto, el abogado Daniel Ortega, quien encabeza un pleito judicial contra dicha ley, explicó que el siguiente paso será una apelación en la Corte Federal de Apelaciones del Noveno Circuito, con sede en San Francisco, California.

“La lucha legal continúa, esperamos que la Corte de Apelaciones nos otorgue otra suspensión”, declaró Ortega.

Por su parte el abogado Ben Miranda, líder del movimiento “Unidos Contra la Proposición 200”, lamentó la decisión del juez Bury, pero también pidió a la gente que continúe su vida normal.

Y quienes sean víctimas de injusticias a causa de la Ley 200, pueden denunciarlas llamando al número 1-877-252-7555.

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http://www.prensahispanaaz.com/edicion/principal/notas/nu.htm

Edición: 691. Del 29 de diciembre del 2004 al 4 de enero del 2005. Phoenix, AZ.

Nuevo escándalo sacude a la Diócesis de Phoenix

Ahora dos sacerdotes fueron arrestados por cargos de robo y fraude.

Leo Hernández

La Diócesis de Phoenix se ve sacudida por un nuevo escándalo, cuando aún no se recobra de los sufridos el año pasado a causa de abusos sexuales de curas contra niños.
Esta vez se trata de dos sacerdotes que fueron arrestados por acusaciones de robo y fraude.

Se trata de los padres Dennis Riccitelli y Blase Meyer, a quienes se les responsabiliza de la desaparición de 160 mil dólares de la parroquia de la Santa Cruz, de Mesa.
Así lo anunció el procurador Rick Romley en conferencia de prensa la semana pasada, al especificar que ambos curas enfrentan en total 14 cargos criminales, de los cuales 10 son por robo y cuatro por fraude.

De ser encontrados culpables, cada uno enfrenta cargos de entre cuatro y 10 años de cárcel.

Por su parte la Diócesis anunció que ambos sacerdotes están suspendidos de sus ministerios, y no pueden administrar ningún sacramento.

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Rumsfeld says "ordinary Iraqis to realize that they, not the Americans, will ultimately decide who prevails in this conflict"

good now that rumsfeld admits we will lose lets pack our bags and get the krap out of iraq and cut our losses - mike

http://www.azcentral.com/news/articles/1226rumsfeld26.html

Insurgents are Iraq's issue, Rumsfeld says

Robert Burns
Associated Press
Dec. 26, 2004 12:00 AM

BAGHDAD - In his Christmas Eve encounters with U.S. military commanders and hundreds of their troops, Defense Secretary Donald Rumsfeld heard, and said, little about armor or troop shortages, issues that have made him a political target in Washington among both Democrats and Republicans.

His main message over a four-city tour was quite different: that the insurgency has staying power and a seemingly endless supply of weapons, and the time has come for ordinary Iraqis to realize that they, not the Americans, will ultimately decide who prevails in this conflict.

During a visit to U.S. troops in Kuwait earlier this month, Rumsfeld was challenged by several soldiers on issues like lack of vehicle armor, pay and troop deployments. Some saw his responses as callous, triggering calls by some in Congress for him to resign, just days after President Bush had decided he wanted the 72-year-old Rumsfeld to stay for a second term at the Pentagon.

On his Iraq trip, Rumsfeld faced no such challenges. Instead, he emphasized his personal support and understanding of the sacrifices troops make.

"You face a determined and vicious enemy," Rumsfeld said in dinner remarks Friday to hundreds of 1st Cavalry Division soldiers at a post near the Baghdad International Airport, where they feasted on a holiday meal of prime rib, fried shrimp and chicken.

During his visit, Rumsfeld said it would be unrealistic to predict that the level of violence will recede once the Jan. 30 elections are held. In the end, he said, it will be a "uniquely Iraqi solution," not American.

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hmmm!!!! - none of the astronmers in the entire world or event the middle east recorded in their records that they saw the star the guided the 3 wise guys to the baby jesus! maybe it didnt happen.

http://www.azcentral.com/news/articles/1225skywatch25.html

Cosmic event, comet, nova, UFO?
Earthlings still captivated by the Star of Bethlehem

John Stanley
The Arizona Republic
Dec. 25, 2004 12:00 AM

Star of wonder, star of night,

Star of royal beauty bright,

Westward leading, still proceeding, advertisement

Guide us to thy perfect light.

What exactly was that mysterious beacon that guided the Magi across the desert? Theories range from the miraculous to the mundane, from angel to UFO. Most explanations, though, posit some sort of astronomical event.

The star itself is mentioned only briefly in the Nativity story, as told by Matthew (Chapter 2):

" . . . there came wise men from the east to Jerusalem,

Saying, Where is he that is born King of the Jews? for we have seen his star in the east, and are come to worship him."

King Herod, troubled by the news of a potential rival, sent the wise men to find this new king.

"When they had heard the king, they departed; and, lo, the star, which they saw in the east, went before them, till it came and stood over where the young child was.

"When they saw the star, they rejoiced with exceeding great joy."

That's it - the entire story of the Star of Bethlehem as recounted in the Bible.

Origen, an early Christian father who lived about A.D. 200, believed the star was either a comet or a nova (new star). Although Chinese records indicate a fairly bright comet appeared in the spring of 5 B.C., it was not noted in the Mediterranean world.

A problem with the comet theory is that comets were considered omens of doom rather than heralds of joy.

Origen also considered the possibility that the Star of Bethlehem was a nova, a short-lived star that appears suddenly in the sky, but records of a nova visible in the Mediterranean region around the time of the birth of Christ have not been found.

Many early commentators simply accepted the star as a miracle, perhaps an angel, leading the Magi to Bethlehem.

In more recent decades, UFO buffs have proposed the idea that the star was an alien spacecraft, which beamed down the baby Jesus to teach the people of the Earth the superior morality of a hypothetical galactic civilization.

Astronomers, however, tend to favor some variation of the planetary conjunction theory.

Planets are said to be in conjunction when they line up in the same part of the sky.

Knowing each planet's speed and distance, it's easy to calculate what the sky looked like at any time in the past.

The hard part is knowing which year to consider, as there is no consensus as to when, exactly, Christ was born. Historians can tell us only that it was between 8 B.C. and 1 B.C.

Several interesting conjunctions took place during those years, but one particular set stands out. During a stretch of several months in 7 B.C., the planets Jupiter (considered a "star" of royalty) and Saturn (linked to Israel in old Jewish lore) underwent a series of conjunctions in Pisces, traditionally considered a constellation of the Jews.

The rabbinic writer Abarbanel went so far as to predict the Messiah would appear when a conjunction of Saturn and Jupiter happened in Pisces.

Problems arise with this interpretation, however. The universal taxation called for by Caesar Augustus, which, according to Luke, led Mary and Joseph to Bethlehem, took place in 3 B.C., several years after the triple conjunction.

Another dramatic conjunction took place in 2 B.C., when Venus and Jupiter came so close together that, for a short time, they appeared to be a single dazzling "star."

Although we may never know what really happened so many years ago, we can accept the star as a symbol of the season as we rejoice with exceeding great joy.

Other parts of the sky

Look for Comet Machholz about 2 degrees west of the Pleiades star cluster on the evening of Jan. 7. If you're observing from a dark location, the comet will be just barely visible to the naked eye. With binoculars or a telescope, though, it's fairly easy to see, even from urban areas.

The planets Venus and Mercury are engaged in an intricate celestial ballet during the first two weeks of January. Look low in the east-southeast before sunrise, noting how they shift their relative position to one another each morning.

On Jan. 1, Mercury is 1 degree directly above Venus; by midmonth it is directly below. In between the two planets pass within one-third of a degree of one another, with their closest approach on Jan. 13.

Also on the 13th, Saturn reaches opposition, rising at sunset and setting at sunrise, but give it a couple of hours to get up in the sky before trying to observe it with a telescope.

The Huygens probe, designed and built by the European Space Agency, and carried to Saturn by NASA's Cassini spacecraft, is slated to land on Titan, the ringed planet's largest moon, on Jan. 14. That night, Titan is visible in a telescope as a pinpoint of light just north of Saturn.

Look for the crescent moon to the right of Mars before sunrise on Jan. 7 and to the right of Venus and Mercury the next morning.

John Stanley's Skywatch column runs the last Saturday of every month. He can be reached at (602) 444-4414.

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http://www.azcentral.com/arizonarepublic/local/articles/1225DNA25.html

Inmate gets new sentence hearing
Judge questions evidence at trial

Flynn McRoberts
Chicago Tribune
Dec. 25, 2004 12:00 AM

A decade after sending a man to death row, an Arizona judge on Thursday granted him a new sentencing hearing based on inconclusive DNA tests and questions about the bite mark evidence used to convict him.

On his last day before retiring from the bench, Yuma County Superior Court Judge Thomas Thode ruled that the new DNA tests and other evidence were "insufficient to exonerate" Bobby Lee Tankersley of the gruesome rape and murder of a 65-year-old woman.

But the judge's ruling questioned the bite-mark evidence he had used to sentence Tankersley to death for the 1991 slaying of Thelma Younkin, Tankersley's neighbor in a low-budget motel along what was then Yuma's skid row. advertisement

"The DNA evidence standing alone does little if anything to exculpate the defendant from his guilt, but the inconclusive DNA as to critical bite marks may be argued to diminish the appearance of extreme brutality," Thode wrote. "The new DNA evidence also raises other questions as to what happened the night of the murder."

During a recent hearing held over several days, DNA analysts disagreed over whether they could exclude Tankersley as a contributor to genetic material swabbed from marks on Younkin's body.

A jury convicted Tankersley in 1993 of raping Younkin and strangling her with the oxygen tubing she had used to help her breathe. At the trial, a forensic dentist testified that he could match Tankersley's teeth to numerous purported bite marks found on her body.

As Thode noted in his ruling Thursday: "The bite marks were a prime factor in this court's previous decision to exact the ultimate penalty."

But it later became clear that the same dentist, Dr. Raymond Rawson, helped send an innocent man, Ray Krone, to Arizona's death row. A former postal worker, Krone spent more than a decade in prison before DNA testing proved Rawson wrong, connecting another man to the crime and exonerating Krone.

A Chicago Tribune series earlier this year, Forensics Under the Microscope, showed that DNA tests such as those in the Krone case have revealed that even leading bite-mark experts make false matches.

Given the similarities in Rawson's testimony at the trials of both Krone and Tankersley, prosecutors asked the Arizona Supreme Court to order new DNA tests in the Tankersley case after Krone was released from prison in 2002.

During the recent hearing, Thode heard competing interpretations of those test results. The tests were ambiguous because they involved mixtures of multiple genetic profiles.

At the center of the disagreement was how confident forensic analysts should be in linking a suspect to a crime when small amounts of DNA from such mixtures are involved.

In Thursday's ruling, the judge also said he had re-examined evidence of Tankersley's alcoholism and "blackout(s)" presented at a hearing several years ago.

John Todd, the assistant Arizona attorney general who presented the state's case, said the judge had "correctly found that the new evidence did not warrant a new trial, (but) that he felt more comfortable having a jury of Mr. Tankersley's peers impose the appropriate sentence."

Todd said the defense could immediately petition to review the judge's finding.

Thode set a hearing for Jan. 19 to consider scheduling and other issues for the resentencing hearing - in front of a new judge, since Thode retired Thursday.

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Abuse suit pays $6.3 mil

Neela Banerjee
New York Times
Dec. 25, 2004 12:00 AM

The Christian Brothers, a Roman Catholic religious order, agreed to pay $6.3 million to settle lawsuits brought by three former students who were sexually abused by faculty members at an elite boys school the order runs in Northern California, the plaintiffs' lawyers and a victims advocacy group said.

The largest of the three settlements, at $4 million, would be among the biggest so far to be negotiated in California for a plaintiff in a clergy sexual abuse case, the lawyers and victims advocates said.

In early December, the Diocese of Orange County reached a settlement with 87 victims of abuse by priests and lay employees and agreed to pay at least $100 million, or a bit more than $1 million for each plaintiff. advertisement

An additional 900 or so alleged victims of sexual abuse by Catholic clergy and lay people in California await resolution of their lawsuits, plaintiffs' lawyers said. The high number of such cases in California is the result of a 2002 decision by the state to lift for one year its statute of limitations on sexual abuse cases involving the clergy.

The three men who sued the Christian Brothers in December 2003 said they were abused by members of the order when they were students at the De La Salle Institute in Concord, Calif., in the 1970s and 1980s.

The three molesters plied victims with drugs or alcohol before and during the attacks, which occurred at school and on trips, said Laurence Drivon, a lawyer for the plaintiffs. The settlement was first reported in the San Francisco Chronicle on Friday.

As part of the settlement, the Christian Brothers agreed to disclose what happened, although it has yet to release the names of the faculty members involved.

http://www.azcentral.com/arizonarepublic/news/articles/1225settlement25.html

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http://www.azcentral.com/news/articles/1225corruption25.html

Public corruption catching feds' eye

Lolita C. Baldor
Associated Press
Dec. 25, 2004 12:00 AM

WASHINGTON - Former Connecticut Gov. John G. Rowland's guilty plea Thursday to a felony charge makes him only the latest in what is a steadily growing number of federal corruption prosecutions focusing on government officials.

Although totals have not yet been released, the number of such cases pursued by federal authorities has grown by as much as 15 percent over the past four years, according to a Justice Department official, who spoke on condition of anonymity.

The increase, the official said, reflects the high priority placed on public corruption cases rather than a sudden spike in the number of dishonest politicians. advertisement

But the steady slide of high-profile public officials into ethical and criminal scandals risks fostering increasing distrust of government leaders.

"The government is wounded," Connecticut House Majority Leader James Amann said. "It's something most of us are concerned about. Most people have their hearts in the right place: to serve the public. But no matter how well you construct the laws and make the rules there will always be the ones who decide to break the law."

In recent months, two northeast governors have resigned in disgrace and a presidential cabinet nominee withdrew his name in a swirl of controversy over a nanny-housekeeper he employed.

Ethical missteps, ranging from improper campaign contributions and gifts to racketeering and tax fraud, also led to the downfall of former U.S. House Speaker Newt Gingrich, R-Ga., former Sen. Robert Torricelli, D-N.J., and Rep. James Traficant, D-Ohio.

And in a case that rocked the nation, former President Bill Clinton's dalliance with a White House intern led to his impeachment by the House. But he survived a Senate trial and finished his term in office.

In the most recent cases:

• Rowland pleaded guilty to one count of conspiracy to steal honest service in connection with a two-year investigation into corruption in his administration.

• New Jersey Gov. James E. McGreevey stepped down after acknowledging that he'd had an affair with another man.

• Former New York Police Commissioner Bernard Kerik withdrew his name from nomination as homeland security secretary after revealing he had not paid all required taxes for a family nanny-housekeeper and that the woman may have been in the country illegally.

In 2000, federal authorities indicted 1,000 public officials, according to Justice Department statistics. By 2002, the number had increased to 1,136, while the 2003 figure, not yet released, stayed relatively stable.

The 2004 total will be up again, reflecting up to a 15 percent increase over the 2000 figure, said the Justice Department official.

However, he added, "I don't think there is more public corruption than 10 years ago or 20 years ago. I think we're doing a better job of finding it and prosecuting it."

Lawmakers are taking notice.

"There is a greater awareness on the part of public officials that government needs to be run in an ethical way, by ethical people," said Peggy Kerns, director of the Center for Ethics in Government at the National Conference of State Legislatures.

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http://www.azcentral.com/news/articles/1224rowland24.html

Ex-governor pleads guilty

Matt Apuzzo and John Christoffersen
Associated Press
Dec. 24, 2004 12:00 AM

NEW HAVEN, Conn. - Six months after being driven from office by scandal, former Gov. John G. Rowland pleaded guilty to a corruption charge Thursday, admitting he traded his office for more than $100,000 in flights to Las Vegas, Vermont vacations and repairs to his vacation cottage.

Rowland, 47, probably will get 15 to 21 months in federal prison, lawyers said.

The once-popular three-term Republican had maintained for months that the businessmen and cronies who lavished gifts on him had received nothing in exchange. With a single word Thursday, he changed all that: "Guilty," he told the court, his attorney's hand on his back as he spoke. advertisement

The plea ends a two-year federal investigation of the former politician, although he could still face state charges.

"Obviously, mistakes have been made throughout the last few years, and I accept responsibility for those," he said after court. "But I also ask the people of this state to appreciate and understand what we have tried to do over the past 25 years in public service."

Rowland had not been charged with a crime before Thursday.

The guilty plea completed the downfall of a man who was once one of the GOP's rising young stars, a political boy wonder who first got elected to Congress at age 27 and went on to serve 9 1/2 years as governor.

"While we knew that this day might come, we were never really prepared for the reality of it," said Gov. M. Jodi Rell, who replaced Rowland. "Today the state of Connecticut was humiliated, and I, as John Rowland's former running mate and colleague, feel personally betrayed. When I first heard the news, I felt like I was punched in the gut."

Under a deal with federal prosecutors, Rowland pleaded guilty to a single count, conspiracy to steal honest services, a combination of mail and tax fraud. He admitted being part of a conspiracy in the executive branch, sometimes directing corruption, other times looking the other way.

The crime carries up to five years in prison. Prosecutors have agreed to ask for no more than two years at sentencing March 11. As a felon, Rowland will be unable to vote or hold public office.

By pleading guilty, Rowland escaped indictment in a racketeering case that had already ensnared his former co-chief of staff, Peter Ellef, and state Contractor William Tomasso. That case would have exposed Rowland to "a devastating amount of time," said his attorney, William F. Dow III.

Rowland owes the IRS more than $35,000 and faces up to $40,000 in fines, according to his plea bargain. The agreement does not require Rowland to testify against Ellef and Tomasso.

After signing his bail papers Thursday, Rowland turned to his wife and reassuringly mouthed the words, "All right."

Rowland resigned July 1 amid a gathering drive in the Legislature to impeach him, a federal investigation that was closing in on him steadily, an almost-daily trickle of corruption charges, and a drumbeat of demands that he step down.

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http://www.azcentral.com/news/articles/1224drugsentencing24.html

Court overturns portion of drug sentencing law

Paul Davenport
Associated Press
Dec. 24, 2004 12:00 AM

It's unconstitutional for Arizona to require time behind bars for drug offenders just because they'd also been charged at some point with a violent crime even if not convicted, a state court ruled.

The Court of Appeals struck down part of a drug sentencing law approved by Arizona voters as Proposition 200 in the 1996 general-election ballot.

The law included provisions to allow only probation and treatment for first-time, non-violent drug offenders, but the part overturned in the ruling this week went in the other direction. advertisement

Under the overturned provision, a drug offender would become ineligible for probation if the offender had a criminal record of having been indicted for a violent crime.

A three-judge Court of Appeals panel said the provision was unconstitutional because it would stem from a grand jury indictment based on a relatively low standard of proof called "probable cause."

That runs afoul of recent U.S. Supreme Court rulings that the Sixth Amendment right to jury trial requires jury findings based on a high standard of proof - beyond a reasonable doubt - to impose punishments more severe than the normal maximum, the ruling said.

The provision also is unconstitutional because it discards the presumption of innocence, violating constitutional protections for due process under the law, the ruling said.

The same part of the 1996 law also prohibited probation for a drug offender who had been convicted of a violent crime, but the Court of Appeals said that was permissible.

The Court of Appeals ruling came in a Maricopa County Superior Court case in which Melissa Jean Gomez was sentenced to prison terms on two drug possession charges. She would have been eligible for probation except for the fact that she'd been charged in 1994 with manslaughter.

Court papers said Gomez was not tried on the manslaughter charge because the state had it dismissed on grounds that there was no reasonable likelihood of conviction.

The Court of Appeals upheld Gomez's convictions but sent her case back to trial court for resentencing under its ruling.

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goverment idiots want to arrest the person that made them look like idiots. maybe they shoud take responsibility for being idiots!

http://www.azcentral.com/news/articles/1227202-devicefound-ON.html

Suspicious pipe piece prompts 2-hour shutdown of Loop 202 stretch

Katie Nelson
The Arizona Republic
Dec. 27, 2004 02:25 PM

The discovery of what looked like a pipe bomb along a stretch of the Loop 202 prompted a shutdown of westbound lanes midmorning Monday, ensnarling traffic for post-holiday commuters for about two hours.

An Arizona Department of Transportation worker found an 8-inch piece of metal pipe in the gravel on the Red Mountain Freeway, said Frank Valenzuela, state Department of Public Safety spokesman. The yellow-tinted pipe, found about 150 feet west of Center Road in a median between the westbound lanes and a frontage road, had caps screwed into both ends, Venezuela said.

Flash marks made it look like it had been set on fire. advertisement

At about 9:30 a.m. DPS officers shut down the westbound portion of the freeway, with the help of Tempe police. The DPS bomb squad was brought in to investigate the area on the Loop 202 between Priest Drive and Rural Road.

Ninety minutes later, the eastbound portion of the Loop 202 was also shut down as the bomb squad used a robot to shoot a water cannon at the device. It turned out the pipe was hollow inside.

"We're not sure who put it together or why it's on the side of the road," Valenzuela said. If someone is found to have purposely left the pipe piece, charges could be pressed, he said.

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I talked to several of these guys two years ago at the Maricopa county libertarian party convention in tempe and they said they were unfairly singled out and investigated by the government because they were libertarians. I should also say that as a libertarian I think it was wrong for them to take the money. But I also its unfair for the government to single them out for taking the money because they don’t shake down republicans and democrats who take the stolen money

http://www.azcentral.com/arizonarepublic/local/articles/1228azroundup28.html

Arizona news briefs

Dec. 28, 2004 12:00 AM

Ex-candidate faces

sentencing for perjury

PHOENIX - A former legislative candidate could be sentenced to up to 3 1/2 years in prison after pleading guilty to a perjury charge in a case stemming from misuse of public funding for campaigns. advertisement

Yurikino Cenit "Yuri" Downing-Garcia, 34, pleaded guilty Wednesday during a hearing in Maricopa County Superior Court. He faces at least probation when he is sentenced Jan. 26.

Downing-Garcia admitted committing perjury by failing to include every transaction involving his campaign account, the Arizona Capitol Times reported.

He was charged with fraud, perjury and theft in his use of campaign funds in his failed state Senate bid and as treasurer for two other unsuccessful legislative candidates' 2002 campaigns.

Fellow Libertarians Trevor Clevenger and Paul DeDonati reached settlements with the Citizens Clean Elections Commission, the agency that oversees Arizona's system of public campaign financing.

The three ran unsuccessfully in a district in Tempe and part of Scottsdale.

<SNIP>

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http://www.azcentral.com/arizonarepublic/local/articles/1228montini28.html

Gov. J.D. Leghorn? Yep, and we ain't just whistlin' 'Dixie'

Dec. 28, 2004 12:00 AM

Rep. J.D. Hayworth took contributions from companies like Enron, WorldCom and Arthur Andersen. A political action committee he formed accepted hundreds of thousands of dollars from Indians with gambling interests, then hired Hayworth's wife to do bookkeeping.

He has taken tens of thousands of dollars from his own campaign war chest and doled it out to other candidates. He collected so much money for this past election (against a candidate with few resources) that he was able to hand over $100,000 to the national Republican campaign committee. He also enthusiastically plays the role of attack dog for his party on the national news programs.

Naturally, this type of behavior hasn't gone unnoticed in Arizona. Because of his well-documented antics and unrepentant demeanor, Hayworth has become . . . the most important Republican in the state.

More so than Sen. John McCain, who is much more of a national figure. More so than Sen. Jon Kyl or any other member of Congress.

A politician is measured by the respect he or she gets from the opposition. Not long ago, I spoke with Maricopa County Attorney Rick Romley, who would like nothing more than to run against Gov. Janet Napolitano in 2006. But only if he first doesn't have to face Hayworth in a primary.

"I think it would be best for the party if leadership got together and settled on a candidate, rather than have a bitterly fought primary," Romley said, perhaps taking to heart the chant of "governor, governor, governor" that greeted Hayworth when he took the stage at Republican Party headquarters on Election Night. Other Republicans also have deferred to Hayworth.

"An awful lot of people have asked him to look at it (the governor's job)," Hayworth spokesman Larry VanHoose said. "He hasn't put any time frame on deciding. He hasn't had much to say about it, really. I gather that he and Mrs. Hayworth and the family are talking about it, but it hasn't gone much beyond that."

People (like me) who once called Hayworth a political Foghorn Leghorn obviously didn't watch enough cartoons. The cagey old rooster takes his lumps, but he always manages to get to his feet, puff up his chest and strut back onto the screen singing do-dah, do-dah. He wins, and so does Hayworth, who appears to rule the roost over a deferential brood of clucking Republican farm birds.

Back in 1994, Hayworth stood on the steps of the U.S. Capitol with Matt Salmon, John Shadegg and other Republicans, signing the Contract with America and pledging, among other things, to leave office after six years. The only person who kept the promise, Salmon, lost to Napolitano in the governor's race. Hayworth knew better. He has known from the start that working as a TV sportscaster wasn't simply a good preparation for politics, it was perfect. Politics is TV, and Hayworth has played to the cameras from his very first campaign, when he said, "I don't view what I am planning to do as a career."

He instinctively knows what voters hold against a politician and what they don't, what's important to them and what's not.

Romley is a war hero who has put bad guys in jail for 16 years. There was a time when a candidate with no combat experience and a background in sports entertainment wouldn't have had a chance against a wounded veteran with a chestful of medals and a history of public service.

But as one recent election clearly demonstrated, times change.

Reach Montini at ed.montini@arizonarepublic.com or (602) 444-8978.

<#==#>

http://www.azcentral.com/news/articles/1229copshot29.html

Officer shot, booked on violence counts

Emily Bittner
The Arizona Republic
Dec. 29, 2004 12:00 AM

Phoenix police arrested one of their officers Tuesday on charges of domestic violence after his wife said she shot him several times to defend herself.

Detective Billy Soza, a 25-year officer, was booked on two counts of aggravated assault and one count of kidnapping, said Sgt. Randy Force, a spokesman for the department.

Soza, 53, was released from St. Joseph's Hospital and Medical Center about 4:30 p.m. and booked into Madison Street Jail, Force said.

He spent most of Tuesday recovering from gunshots to the face, chest, shoulder and left hand.

His wife, 44-year-old Pamela Soza, was not taken into custody.

Soza's most recent assignment is as a property crimes investigator for the city's south side, where he has investigated fraud schemes targeting the elderly. He also has been a member of the department's SWAT-like Special Assignments Unit.

Soza was shot Monday night during a domestic dispute involving his wife, Force said. Their 19-year-old daughter was also at the house, in the 10900 block of West Roma Avenue, during the shooting just before 11 p.m.

Their daughter didn't witness the suspected assault, but saw the shooting, Force said.

Afterward, one of the people inside the house called 911, and the first officers on the scene found Soza in a bedroom.

Pamela Soza told officers that she shot her husband in self-defense, Force said. She claimed she was assaulted just before the shooting and used a handgun that was in the home. The gun was not Soza's service weapon, Force said.

Soza told police investigators that he thinks his behavior contributed to the situation, Force said.

"He made statements to the detectives that he shared some responsibility in what took place," Force said.

The department's Professional Standards Bureau will investigate the incident to determine whether department policies were violated, Force said.

There have been no reports to police of domestic violence to the couple's home, Force said. According to a Police Department file on Soza, during the past five years internal investigators have sustained no complaints against him and he has no outstanding complaints. The department keeps the records for five years.

Soza was a long-range reconnaissance patrol officer in Vietnam and is well-liked around the department, Force said.

"Many fellow officers will be shocked to hear that he was in a domestic violence incident," Force said.

Reach the reporter at emily.bittner@arizonarepublic.com or (602) 444-4783.

<#==#>

black collar crimes

http://www.azcentral.com/news/articles/1229pastorarrest29.html

Ariz. pastor held in Fla. sex counts

Susan Carroll
Republic Tucson Bureau
Dec. 29, 2004 12:00 AM

A Douglas pastor has been arrested in the reputed molestation of a 6-year-old Florida boy in 1996 and admitted to sexually abusing children in North Carolina and Michigan, authorities said Tuesday.

Robert Armand Enerson, 54, was booked into Cochise County Jail on Monday night on three charges of lewd assault on a child, said Lt. Carlos Guido Jr., a Douglas Police Department spokesman. Enerson, a pastor at the First Assembly of God in Douglas for two years, will be jailed pending extradition to Polk County, Fla., authorities said.

"Obviously we're continuing the investigation to see if there are additional victims," Guido said.

An affidavit prepared by Polk County investigators alleges that Enerson molested a boy repeatedly for about a week while serving as a pastor at the New Life Assembly of God in Wahneta, Fla., in 1996. The accuser, now 15, said Enerson entered a bedroom where the boy was playing video games and stroked the child's penis, according to the affidavit.

In an interview with investigators in Douglas, Enerson reportedly said he had touched the boy's penis on at least two occasions, although possibly more, and had the boy touch him, according to the affidavit. Enerson also told detectives the child was hiding under the bed at one point and he pulled him out to touch his penis, the affidavit states. The boy told investigators he was intimidated by the size of the burly pastor, who weighs about 250 pounds, according to records.

In the affidavit, Enerson also was accused of having "oral relations" and masturbating a boy over a span of seven years, from age 10 to 17, in North Carolina. Enerson also reportedly told detectives he rubbed a Michigan boy's penis an unknown number of times, according to the report.

The church did not return phone messages.

Investigators are asking anyone with information on Enerson to call Douglas police at (520) 364-9422 or Polk County at 1-800-226-TIPS.

Reach the reporter at susan. carroll@arizonarepublic.com.

<#==#>

http://www.azcentral.com/news/articles/1230dvcop30.html

Officer's wife says he beat her

Emily Bittner
The Arizona Republic
Dec. 30, 2004 12:00 AM

Phoenix Detective Billy Soza's wife told investigators he has been beating her for the past 20 years and that he wanted to kill her.

Pamela Soza, 44, shot the 25-year police veteran four times Monday when the assaults were at their worst, according to Maricopa County Superior Court documents.

She told investigators that she thought she had no other choice after he held her captive in their bedroom, put his service weapon in her mouth three times and stepped on one of her breasts, where a lump was surgically removed earlier that day.

Pamela Soza told investigators that her husband warned her that if she called the police or told anyone about the abuse, he would kill her and track down the rest of her family and kill them, according to documents.

Billy Soza became enraged after his wife came out of the surgery that removed the lump, police said.

He was arrested and charged with two counts of aggravated assault and one count of kidnapping after being released from a Phoenix hospital Tuesday. He is being held at a Maricopa County jail on $500,000 bond.

According to his personnel records, in 1998 he earned an award from the National Center for Missing & Exploited Children and another national award as Officer of the Year. He also received several Police Department medals for valor and lifesaving.

Supervisors gave him generally favorable reviews, but he received two written reprimands, one for being disrespectful to a supervisor and another for detaining a drunken-driving suspect while off-duty.

<#==#>

there is lots of money in making up evidence to support the existance of god

http://www.azcentral.com/news/articles/1230israel-antiquities30.html

4 Israelis facing charges in antiquities forgery case

Karin Laub
Associated Press
Dec. 30, 2004 12:00 AM

JERUSALEM - Four Israeli antiquities collectors and dealers were indicted Wednesday on charges they ran a sophisticated forgery ring that spanned the globe and produced a treasure trove of fake Bible-era artifacts, including some that were hailed as major archaeological finds.

Police said the ring forged what were presented as perhaps the two biggest biblical discoveries in the Holy Land in recent years: the purported burial box of Jesus' brother James and a stone tablet with written instructions by King Yoash on maintenance work at the ancient Jewish Temple.

Shuka Dorfman, head of the Israel Antiquities Authority, said the scope of the fraud appears to go far beyond what has been uncovered so far.

"We discovered only the tip of the iceberg. This spans the globe. It generated millions of dollars," Dorfman said. "(The forgers) were trying to change history."

Investigators warned that collectors and museums around the world could be in the possession of fakes, and scholars urged museums to re-examine items of suspicious origin. The forgery ring has been operating for more than 20 years, Dorfman said.

Scholars said the forgers were exploiting the deep emotional need of Jews and Christians to find physical evidence to reinforce their beliefs.

The indictments were announced at a joint news conference of the Antiquities Authority and the police, capping a two-year probe.

The forgers would often use authentic but relatively mundane artifacts, such as a plain burial box, decanter or shard and boost their value enormously by adding inscriptions, Dorfman said. Then the forgers would try to re-create patina, or ancient grime, to cover the carvings, the indictment said.

The four men indicted were Tel Aviv collector Oded Golan, owner of the James ossuary and the Yoash tablet; Robert Deutsch, an inscriptions expert who teaches at Haifa University; collector Shlomo Cohen; and antiquities dealer Faiz al-Amaleh. The four are free on bail, police said.

Golan said in a statement Wednesday that "there is not one grain of truth in the fantastic allegations related to me." He said the investigation is aimed at "destroying collecting and trade in antiquities in Israel."

Deutsch dismissed the indictment as "ridiculous."

Hershel Shanks, editor of the Washington-based Biblical Archaeology Review, said in a telephone interview, "Either this is going to be proven a horrific scandal or the greatest embarrassment to the Israel Antiquities Authority."

Shanks disclosed the existence of the James ossuary at a November 2002 news conference.

Additional indictments will be issued in coming days, said Shaul Naim, chief investigator of the Jerusalem police.

The probe began after the Yoash tablet was offered for sale to the Israel Museum for $4.5 million two years ago.

Uzi Dahari, a top official in the Israel Antiquities Authority, said in a recent lecture that some of the forgeries were done by an Egyptian artisan who has worked in Israel for the past 15 years. The Egyptian went out drinking in a Tel Aviv pub from time to time and would brag about his exploits.

Naim said many more fakes are apparently in the possession of collectors and museums worldwide.

<#==#>

http://www.azcentral.com/news/articles/1230priest30.html

Influential clergyman is placed on leave
Sex allegation targets Fushek

Joseph A. Reaves
The Arizona Republic
Dec. 30, 2004 12:00 AM

A Valley priest who founded a charismatic youth group that exploded into the nation's largest teen ministry was placed on administrative leave Wednesday while his superiors investigate an allegation of sexual impropriety that went unreported for two decades.

The allegation was the second of a sexual nature brought in the past 10 years against Monsignor Dale Fushek, founder of the Life Teen movement and longtime pastor at St. Timothy's Parish in Mesa.

Neither incident involved physical sexual contact. One involved a sexual-harassment complaint raised by a male Life Teen employee that was settled out of court for $45,000 in 1995. The most recent allegation stems from an event that reportedly took place in 1985 when the accuser, then 14, said he was sodomized by another priest while Fushek watched and performed sexual acts on himself without intervening to protect the youth.

Bishop Thomas J. Olmsted was made aware of the latest allegation Tuesday, and after his deputies met with the accuser's attorney, the bishop announced he was placing Fushek on paid administrative leave. The decision means Fushek, one of the most popular priests in the diocese, is banned from all public ministry, including saying Mass, until the investigation is complete.

"This has been a very difficult but necessary decision," the bishop's top aide, Vicar General Fred Adamson, said at a hastily called news conference at the diocese's headquarters in downtown Phoenix.

"The action comes after an attorney notified the Diocese of Phoenix that his client claimed to have recovered a repressed memory involving sexual improprieties by Father Fushek in 1985," Adamson said.

Adamson stressed the decision to place Fushek on administrative leave "is not a presumption of guilt or innocence." It was made, he said, to comply with the Diocesan Policy on Sexual Misconduct, which was strengthened in the wake of the nationwide priest abuse scandal that shook the Catholic Church.

Under that policy, church officials are required to notify civil authorities about allegations of sexual misconduct involving children.

Maricopa County Attorney Rick Romley confirmed Wednesday night that his office had been notified of the allegations against Fushek.

"Obviously, we appreciate the cooperation of the church, and this matter shall be looked into by my office," Romley said.

Frank Verderame, the attorney who raised the allegations, said he and the diocese agreed to keep his client's identity confidential.

"We are doing so in the interest of helping my client heal from this horrible tragedy," he said.

Verderame, a Catholic whose children were Life Teen members, said he wept when he finally made the decision to contact the diocese on Dec. 22.

"As a Roman Catholic and a person who has known Father Fushek for nearly 20 years, I am personally upset about having to bring this case," he said. "But justice requires me to do so."

Verderame, who is also a close friend of Adamson, said he told the diocese Fushek was in a bedroom at St. Timothy's rectory in 1985 when another priest sodomized his client. That priest was never assigned to St. Timothy's Parish.

Romley said his office knew of the 1985 case but was unable to prosecute.

"We were aware of this incident and followed up, but the man who brought the allegation was undergoing counseling and did not want to pursue it at that particular time," Romley said.

Verderame said he told the diocese in three meetings since Dec. 22 that Fushek witnessed the priest sodomizing his client and did nothing to stop it.

"We also have information that Father Fushek was made aware of inappropriate conduct by others in addition to (that priest) and apparently did not report it to the authorities," he said.

A pre-sentencing report obtained by The Arizona Republic in yet another sexual-misconduct case seems to support the allegation that Fushek failed to report at least two other incidents involving inappropriate behavior.

That pre-sentencing report was prepared in the case of Marc "M.J." Gehrna, a former Life Teen employee from Chandler, who pleaded guilty in May 2002 to three counts of sexual misconduct with a minor.

In the report, a young man and a young woman each told court officials they reported inappropriate sexual activities by Gehrna to Fushek.

Verderame said he was unable to find any evidence that Fushek reported those incidents to his superiors or to civil authorities.

"We have inquired with the County Attorney's Office and do not believe that he reported this behavior to the authorities," Verderame said. "This information suggests that a culture of inappropriate behavior existed at St. Tim's."

Fushek's attorney, Michael Manning, said he welcomed the decision to put Fushek on paid leave while the allegations are investigated. But he said he is certain Fushek is innocent.

"I know from speaking with him that there is absolutely no grounds for these allegations," Manning said.

"I think it is good that legitimate complaints are brought and resolved, but the atmosphere that exists today makes good priests, innocent priests, vulnerable to these sorts of trumped-up allegations."

Fushek, longtime pastor at St. Timothy's Parish, founded the Life Teen organization in 1985 to reach out to youngsters who felt the church was irrelevant. Under his charismatic leadership, Life Teen has grown to more than 100,000 members with Masses in 850 churches across the nation each week.

Parishioners and staff members at St. Timothy's were shocked by his suspension but said they, too, were confident he will be cleared of any wrongdoing.

"The essence of Father Dale is inconsistent with the essence of what might be the complaint," said Donna Killoughey Bird, development director and general counsel of Life Teen.

The Rev. Carlos Gomez, associate pastor at St. Timothy's, said Monsignor Richard Moyer, former vicar general of the diocese, will fill in while Fushek is on administrative leave.

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http://www.azcentral.com/arizonarepublic/opinions/articles/1230thurlets303.html

Iraq chaos equals tragedy of quake

Dec. 30, 2004 12:00 AM

Regarding "Faces of tragedy" (Editorial, Tuesday):

"The descriptions are nearly incomprehensible. The most powerful bombing of a civilian population in 60 years. Villages vanishing beneath the advancing liberation forces. A civilian death toll in the tens of thousands and rising every week. Millions are homeless."

The Republic editorial description of the terrible destruction caused by the recent earthquake could easily be used to describe the destruction in Iraq, except on a more protracted time scale. The earthquake catastrophe was obviously a natural happening.

The tragedy in Iraq, to both Iraqis and U.S. forces, was and is being caused by a disillusioned man in the White House. Of course the White House refuses to count the Iraq civilian casualties, which many believe to be greater than in the recent earthquake, and the Republican-controlled press cooperates in suppressing this information.

Bob Daniels, Fountain Hills

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tempe town toilet overflows!!!!!

http://www.azcentral.com/news/articles/0101floodfolo01.html

Water runs through it
Salt River flows again in Valley - temporarily

Josh Kelley
The Arizona Republic
Jan. 1, 2005 12:00 AM

At sunrise Friday, the occasional splash of a fishing lure striking the water of Tempe Town Lake was about all that disturbed its placid surface.

By 10 a.m., the lake's eastern dam was deflated, and gushing water from the Salt River transformed its tranquility into a fast-flowing, debris-filled waterway that attracted crowds of fascinated observers scattered along the shore.

"The lake has become a river," said Jacque Medrano, who came from her home in south Scottsdale to watch water flow across Tempe Town Lake's two dams for the first time since it was completed in 1999. advertisement

The water traveling through the Salt River resulted from water released from Horseshoe and Bartlett lakes that swelled earlier this week after torrential rains flooded the Verde River north of the Valley.

Water was originally released from Bartlett Lake at 30,000 cubic feet per second.

It then passed through the Granite Reef Diversion Dam at a peak of 28,000 cubic feet per second into the Salt River by midnight Thursday, said Jeff Lane, spokesman for the Salt River Project, which controls the reservoirs.

The water eventually reached Tempe Town Lake's inflated rubber dam by 9:30 a.m. Once water began rushing over the top of the 5-foot eastern dam, a computer-controlled system equipped with stress and pressure gauges completely deflated the dam's air bladders, merging the lake and river.

A few minutes later, water began cascading over the 16-foot dam on the lake's western edge, reaching a maximum flow of 17,600 cubic feet per second at 11:20 a.m., said Don Hawkes, a dam operator for Tempe's Water Utilities Department.

Air expelled from the western dam forced out brown, rusty dust from its seldom-used bladders and dropped the dam's height by 2½ to 3 feet, Hawkes said.

"Everything worked flawlessly, apparently," said Charlie Ester, manager of Water Resource Operation for the SRP.

"Perfectly," said Hawkes, describing how the dams performed. "Nothing unexpected. Everything has worked exactly as it was planned."

During the entire operation, the lake's water depth, which ranges from roughly 8 to 16 ½ feet, remained constant for the most part, officials said.

After the water rapidly plunged over the edge of the western dam, it filled the Salt River from bank to bank for the first time in years.

The water, at an average depth of 2 to 3 feet, will likely reach Painted Rock Reservoir near Gila Bend today.

"When the river flows, it's a big deal," said Tempe resident Bev Rousculp, who watched the water rushing over the dam with her husband, Phil.

"This doesn't happen very often," he said. "It's on the map as a river, but it's seldom got water in it."

While Valley residents soaked in the sights, some unfortunate animals ran for their lives. As water gushed toward the lake's eastern dam, unsuspecting rabbits attempted to hop out of the way but some drowned in the rapidly swelling water.

"All of our fish and our beaver are probably living in Avondale," said a Tempe police spokesman, Sgt. Dan Masters.

Before the waters came, park rangers under the direction of the Tempe Police Department evacuated homeless people on both sides of Town Lake, Masters said.

No boating or canoeing is allowed on the lake. Ester said water would continue to run at a reduced rate through reservoirs along the Verde in anticipation of more rain early next week. That will mean a steady but slower flow through Town Lake that could increase again next week if forecasted rainfall adds water to Horseshoe and Bartlett lakes, he said.

Portions of Gilbert and McKellips roads that cross the Salt River were closed Thursday and will remain closed indefinitely.

During this week's storm, a large influx of tropical moisture led to the rain and runoff. The forecast for next week calls for more snow.

Ester is hoping for more rain in the eastern part of the state this time around that could fill the Salt River's reservoirs, including Roosevelt Lake, which has 1,140,000 acre feet available for water, unlike Horseshoe and Bartlett lakes.

<#==#>

despite president george w bush telling them they are free iraqi dont have much to celebrate

http://www.azcentral.com/news/articles/0101iraq-year01.html

Iraqis somber at year's end
Many blame U.S. for heightened violence in 2004

Jackie Spinner
Washington Post
Jan. 1, 2005 12:00 AM

BAGHDAD - It was a year to forget.

Saleem Mata and his wife, Nada Romaya, spent the last hours of 2004 in a two-mile-long line waiting for gasoline because of a fuel shortage. A checkered blanket and a cooler filled with juice and sandwiches rested on the back seat of their car, a taxi that Mata drives every other day. On alternate days, he waits for gas.

"It was the worst year we have ever had," said Romaya, 24. "It was bad for everybody, the Iraqis and the Americans who lost their relatives in the war here." advertisement

For many Iraqis, the June 28 handover of political power by the U.S.-led occupation authority was nothing more than a date on the calendar, a moment to mark and then forget, lost in a brutal insurgency that has shown little mercy ever since.

Life became worse for most Iraqis in 2004. Suicide car bombings, gun battles, kidnappings, beheadings and assassinations killed thousands of people, sometimes more than a hundred on a single day.

"In 2004 we witnessed horrible events," said Ali Hasan Jawad, who sells building materials in Najaf, a holy city about 90 miles south of Baghdad, where hundreds of people were killed and whose center was destroyed in August during a three-week standoff between U.S. forces and fighters loyal to Muqtada al-Sadr, a rebellious Shiite Muslim cleric.

"Explosions, car bombs, mortars . . . kidnappings, assassinations in 2004, and we don't know what 2005 holds for us," he said. Jawad, his wife and five children had no plans for New Year's Eve.

"How could I celebrate the new year?" he asked. "What do I have to remember if I want to celebrate?"

No one could go out and about for New Year's Eve anyway because of a curfew prohibiting driving after 11 p.m.

In Baqouba, about 35 miles northeast of Baghdad, Uday Haider, 27, said his family had no plans for New Year's Eve.

"Nothing new will happen," he said. "We will stay at home and watch TV."

Haider blamed the Americans for the violence.

"I hope that by the coming year, the occupiers will leave in order to stop the disasters and the explosions, and that harmony and peace will be in this country," he said.

Ahmed Haidari, 11, who attends school in Baqouba, said he would pray for the fighting to end in the new year.

"We want to continue going to school without any fear because nowadays we feel afraid when we go to school," he said. "We always hear explosions. May God protect Iraq, and I hope peace will be achieved in my country."

Karim Wamidh, 54, an employee in the Ministry of Agriculture in Tikrit, about 90 miles north of Baghdad and the home town of the deposed Saddam Hussein, said he had high hopes for the country when 2004 began.

"We thought with the coming of the new year, we could have a new life, freedom, justice and security," he said. "But what happened during the year was very disappointing. A high level of unemployment, terrorism increased and poverty spread."

In the Karrada neighborhood in central Baghdad, Hajirsan Sanno, 51, shopped for presents at a gift shop. He said he would celebrate New Year's Eve at home with his family gathered around him, just as he had last year and the years before.

"The only difference is that before, Saddam was in power, and now he is not," Sanno said. "We are very happy he is gone."

But life is still not easy, Sanno said, particularly at night.

"When it gets dark, it is difficult to move around, and we can say all our life is dark now," he said. "There is no light."

<#==#>

http://www.azcentral.com/news/articles/0101guantanamo01.html

Details emerge of Guantanamo torture

Neil A. Lewis
New York Times
Jan. 1, 2005 12:00 AM

WASHINGTON - Sometime after Mohammed al-Kahtani was imprisoned at Guantanamo around the beginning of 2003, military officials believed they had a prize on their hands: someone who was perhaps intended to have been a hijacker in the Sept. 11 plot.

But his interrogation was not yielding much, so they decided in the middle of 2003 to try a new tactic. Kahtani, a Saudi, was given a tranquilizer, put in sensory deprivation garb with blackened goggles, and hustled aboard a plane that was supposedly taking him to the Middle East.

After hours in the air, the plane landed back at Guantanamo, where he was not returned to the regular prison compound but put in an isolation cell in the naval base's brig. There, he was subjected to harsh interrogation procedures that he was encouraged to believe were being conducted by Egyptian national security operatives. advertisement

The account of Kahtani's treatment given to the New York Times recently by military intelligence officials and interrogators is the latest of several developments that have severely damaged the credibility of the military's longstanding public version of the way the detention and interrogation center at Guantanamo operated.

Interviews with former intelligence officers and interrogators by the Times provided new details and confirmed earlier accounts of inmates' being shackled for hours and left to soil themselves while exposed to blaring music or cats squealing. In addition, some may have been forcibly given enemas as punishment.

While all the detainees were threatened with harsh tactics if they did not cooperate, about one inmate in six was eventually subjected to those procedures, one former interrogator estimated. The interrogator said that when new interrogators arrived, they were told they had great flexibility in extracting information from detainees because the Geneva Conventions did not apply at the base.

Military officials have gone to great lengths to portray Guantanamo as a largely humane facility for several hundred prisoners, where the harshest sanctioned punishments consisted of isolation or taking away items like blankets, toothpaste, dessert or reading material.

Maj. Gen. Geoffrey Miller, who was the commander of the Guantanamo operation from November 2002 to March 2004, regularly told visiting members of Congress and journalists that the approach was designed to build trust between the detainee and his questioner.

"We are detaining these enemy combatants in a humane manner," he told reporters in March 2004. "Should our men or women be held in similar circumstances I would hope they would be treated in this manner."

In addition to the account of Kahtani's treatment, the new interviews provide details and confirm some of the accounts in other recent disclosures about procedures at Guantanamo: the November report that the International Committee of the Red Cross complained privately last summer to the U.S. government that the procedures at Guantanamo were "tantamount to torture" and memorandums from FBI officials, most of them released in December as part of a lawsuit brought by the American Civil Liberties Union.

Military officials who participated in the practices were quoted in the Times in October saying that prisoners were tormented by being chained to a low chair for hours with bright flashing lights in their eyes and audio tapes played loudly next to their ears, including songs by Lil' Kim and Rage Against the Machine and rap performances by Eminem.

The people who spoke about what they witnessed or whose duties made them aware of what was occurring said they had different reasons for granting interviews.

<#==#>

http://www.azcentral.com/news/articles/0101guantanamo01.html

Details emerge of Guantanamo torture

Neil A. Lewis
New York Times
Jan. 1, 2005 12:00 AM

WASHINGTON - Sometime after Mohammed al-Kahtani was imprisoned at Guantanamo around the beginning of 2003, military officials believed they had a prize on their hands: someone who was perhaps intended to have been a hijacker in the Sept. 11 plot.

But his interrogation was not yielding much, so they decided in the middle of 2003 to try a new tactic. Kahtani, a Saudi, was given a tranquilizer, put in sensory deprivation garb with blackened goggles, and hustled aboard a plane that was supposedly taking him to the Middle East.

After hours in the air, the plane landed back at Guantanamo, where he was not returned to the regular prison compound but put in an isolation cell in the naval base's brig. There, he was subjected to harsh interrogation procedures that he was encouraged to believe were being conducted by Egyptian national security operatives. advertisement

The account of Kahtani's treatment given to the New York Times recently by military intelligence officials and interrogators is the latest of several developments that have severely damaged the credibility of the military's longstanding public version of the way the detention and interrogation center at Guantanamo operated.

Interviews with former intelligence officers and interrogators by the Times provided new details and confirmed earlier accounts of inmates' being shackled for hours and left to soil themselves while exposed to blaring music or cats squealing. In addition, some may have been forcibly given enemas as punishment.

While all the detainees were threatened with harsh tactics if they did not cooperate, about one inmate in six was eventually subjected to those procedures, one former interrogator estimated. The interrogator said that when new interrogators arrived, they were told they had great flexibility in extracting information from detainees because the Geneva Conventions did not apply at the base.

Military officials have gone to great lengths to portray Guantanamo as a largely humane facility for several hundred prisoners, where the harshest sanctioned punishments consisted of isolation or taking away items like blankets, toothpaste, dessert or reading material.

Maj. Gen. Geoffrey Miller, who was the commander of the Guantanamo operation from November 2002 to March 2004, regularly told visiting members of Congress and journalists that the approach was designed to build trust between the detainee and his questioner.

"We are detaining these enemy combatants in a humane manner," he told reporters in March 2004. "Should our men or women be held in similar circumstances I would hope they would be treated in this manner."

In addition to the account of Kahtani's treatment, the new interviews provide details and confirm some of the accounts in other recent disclosures about procedures at Guantanamo: the November report that the International Committee of the Red Cross complained privately last summer to the U.S. government that the procedures at Guantanamo were "tantamount to torture" and memorandums from FBI officials, most of them released in December as part of a lawsuit brought by the American Civil Liberties Union.

Military officials who participated in the practices were quoted in the Times in October saying that prisoners were tormented by being chained to a low chair for hours with bright flashing lights in their eyes and audio tapes played loudly next to their ears, including songs by Lil' Kim and Rage Against the Machine and rap performances by Eminem.

The people who spoke about what they witnessed or whose duties made them aware of what was occurring said they had different reasons for granting interviews.

<#==#>

http://www.azcentral.com/news/articles/0101Comic01.html

Mexico publishes guide to assist border crossers

Chris Hawley
Republic Mexico City Bureau
Jan. 1, 2005 12:00 AM

MEXICO CITY - The Mexican government is giving out a colorful new comic book with advice for migrants, but immigration-control advocates worry that some of the tips may encourage illegal border crossers.

The 32-page book, The Guide for the Mexican Migrant, was published in December by Mexico's Foreign Ministry. Using simple language, the book offers safety information for border crossers, a primer on their legal rights and advice on living unobtrusively in the United States.

Dramatic drawings show undocumented immigrants wading into a river, running from the U.S. Border Patrol and crouching near a hole in a border fence. On other pages, they hike through a desert with rock formations reminiscent of Arizona and are caught by a stern-faced Border Patrol agent. advertisement

"This guide is intended to give you some practical advice that could be of use if you have made the difficult decision to seek new work opportunities outside your country," the book says.

But immigration-control groups questioned some of the guide's advice.

"This is more than just a wink and a nod," said Rick Oltman, Western field director for the Federation for American Immigration Reform. "This is so transparent, this is the Mexican government trying to protect its most valuable export, which is illegal migrants."

Book distribution
The book is being distributed as a free supplement to El Libro Vaquero, a popular cowboy comic book, in five Mexican states that send many migrants to the United States: Zacatecas, Michoacán, Puebla, Oaxaca and Jalisco. The government plans to print 1.5 million copies.

The book comes with a yellow disclaimer saying it does not promote undocumented immigration, and it repeatedly warns against crossing illegally. But it gives no information about the steps for seeking a U.S. visa.

Instead, it offers frank safety tips. In the section on crossing rivers, it notes, "Thick clothing increases your weight when wet, and this makes it difficult to swim or float."

On crossing the desert, it says, "Try to walk during times when the heat is not as intense" and says migrants should follow power lines or train tracks if they get lost.

The book warns migrants that they may have to walk for days to reach towns or roads in the desert and that they will not be able to carry enough water or food.

But it also shows a woman adding salt to a water bottle and advises, "Salt water helps you retain your body's liquids. Although you'll feel thirstier, if you drink water with salt the risk of dehydration is much lower."

Mexican authorities say they're just trying to keep migrants safe.

"We are not inviting them to cross, but we're doing everything we can to save lives," said Elizabeth García Mejía, chief coordinator for the Nogales, Sonora, section of Mexico's Grupo Beta migrant protection service.

Carlos Flores Vizcarra, Mexican consul general of Phoenix, said he had not seen the guide until a reporter showed it to him.

He said the guide appeared to be only the latest attempt by the Mexican government to warn migrants about the dangers of crossing the border without proper documentation.

The reality, however, is that many migrants will try to do so anyway, he said.

"This is nothing new. It's a way to put it in very simple terms so people will understand the risks," Flores Vizcarra said. "The intention is out of concern for human rights. People are doing it anyway. We cannot ignore that there is a very big migration between our two countries, and people who are coming to work need to understand the risks."

Mixed messages
Some migrants from Mexico who have crossed the border illegally in the past said the guide seems to send a mixed message.

"On the one hand they seem to be saying, 'Don't cross,' but on the other hand they are saying, 'Cross,' " Humberto Morales, 22, an undocumented immigrant from Oaxaca working as a day laborer in Phoenix, said after looking at a copy.

He doubts the guide will keep many people in Mexico from crossing illegally, but he said it could help save lives.

"We have lots of programs like this in Mexico, but people keep crossing," Morales said.

No official at the Foreign Ministry headquarters in Mexico City would agree to an interview about the comic book, despite repeated requests through the ministry's media relations office.

The book's pictures are drawn to match the style of El Libro Vaquero. They portray the migrants as strong and healthy men and women, wading into a river or walking through the desert.

One section of the book urges caution when dealing with immigrant smugglers, known as coyotes or polleros. It shows migrants climbing into the back of a tractor-trailer, a possible reference to the 19 migrants who died in Texas after being sealed in a tractor-trailer in May 2003.

On getting caught
Another section warns migrants not to lie to U.S. authorities or use false identification, and it gives instructions on what to do if caught by the Border Patrol.

"Don't throw stones or objects at the officer or patrol vehicles because this is considered a provocation," it says. "Raise your hands slowly so they see you are unarmed."

A picture shows a group of migrants running from a Border Patrol sport utility vehicle, though the text urges them not to flee.

"It's better to be detained a few hours and repatriated to Mexico than to get lost in the desert," it says.

Seven pages are devoted to migrants' legal rights after they are detained and another four to living peacefully in the United States.

"Avoid attracting attention, at least while you are arranging your stay or documents to live in the United States," it says. "The best formula is to not alter your routine of going from work to home."

The Arizona Republic faxed copies of the guide to the U.S. Border Patrol, FAIR and two groups that support stronger controls on immigration.

A Border Patrol spokesman said he does not think the book encourages illegal crossers.

"If they've already gone ahead and made that decision to cross illegally . . . then anything that helps protect lives is worth it," said Andy Adame, spokesman for the Border Patrol's Tucson sector.

Beyond protection
But the immigration-control groups said some of the advice goes beyond protecting migrants and, instead, encourages them.

"A lot of it is disclaimers, but then there's this part about if you're going to cross the desert, do it when the sun isn't so hot," said Mark Krikorian, executive director of the Washington-based Center for Immigration Studies. "It's a mixed message."

Said John Vincent, editor of a newsletter published by Virginia-based Americans for Immigration Control: "It really looks like the Mexican government is encouraging illegal immigration. It shows the contempt that the Mexican government has for our laws."

The Mexican government produces a similar book aimed at Central American immigrants who try to enter Mexico illegally. The book covers much of the same information about legal rights and repeats many of the warnings. It even shows a group of migrants struggling to breathe inside a truck.

But that book doesn't give the same kind of safety tips on crossing the border or advise immigrants on how to live peacefully in Mexico.

Reporter Daniel Gonzalez contributed to this article.

Reach the reporter at chris.hawley@arizonarepublic.com

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http://www.azcentral.com/arizonarepublic/local/articles/1231neaudit31.html

Audit: Police should store evidence better

Holly Johnson
The Arizona Republic
Dec. 31, 2004 12:00 AM

SCOTTSDALE - Scottsdale police need to find a better way to systematically enter and store evidence, a recent city audit found.

The 99-page report found that the department failed to properly dispose of impounded property, money and firearms.

Several recommendations can't be addressed until city ordinances are changed, Chief Alan Rodbell said. But the department has already remedied some of the issues outlined by City Auditor Cheryl Barcala. advertisement

"We've put together a very aggressive schedule to meet every one of those 29 recommendations," Rodbell said.

Some of the recommendations include changing the way invoices for impounded property are prepared, identifying and disposing of items dating to the late 1980s and developing a database for managing impounded property.

The audit found that computerized and written documentation of impounded property does not accurately reflect whether that property has been released or destroyed. Some items in police possession may not be accounted for, and it's unknown how many pieces of unneeded evidence are in the department's possession.

Often, property held has exceeded by decades the holding period required by law.

State law dictates that officers submitting property to the unit must fill out a receipt of issue, but Scottsdale does not require that paperwork.

The audit recommends police create a streamlined method of preparing invoices and ensure efficient processing. Police expect that to be completed by April.

"This is basically housekeeping," Barcala said. "They need to undertake, first off, a systematic process to review the property they have and determine what can be disposed of."

The report marks the first time the city has audited the Police Department's property unit.

"I welcome audits," Rodbell said. "This is a way of coming in and looking at how we can operate more efficiently. The encouraging thing is they didn't find anything mishandled or lost for court purposes. Nothing was destroyed that shouldn't have been. We don't have employees taking items and using them for their own use."

Rodbell said the volume of property seized by police makes it difficult for the understaffed property unit to get to old evidence.

"We clearly work with a large number of cases where new stuff comes in, and we don't prioritize getting rid of the old stuff," he said. "You have a lot coming in that has to be processed, and little time is spent getting rid of the old stuff."

Reach the reporter at holly. johnson@arizonarepublic.com.

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http://www.azcentral.com/news/articles/1231iraq-gas31.html

U.S. to reissue legal memo on torture

Curt Anderson
Associated Press
Dec. 31, 2004 12:00 AM

WASHINGTON - The Justice Department is issuing a rewritten legal memo on the meaning of torture, backing away from its own assertions before the Iraqi prison abuse scandal that torture had to involve "excruciating and agonizing pain."

The 17-page document states flatly that torture violates U.S. and international law and omits two of the most controversial assertions made in now-disavowed 2002 Justice Department documents: that President Bush, as commander in chief in wartime, had authority superseding U.S. anti-torture laws and that U.S. personnel had several legal defenses against criminal liability in such cases.

"Consideration of the bounds of any such authority would be inconsistent with the president's unequivocal directive that United States personnel not engage in torture," said the memo from Daniel Levin, acting chief of the Office of Legal Counsel, to Deputy Attorney General James Comey. advertisement

Critics in Congress and many legal experts say the original documents set up a legal framework that led to abuses at the Abu Ghraib prison in Iraq, in Afghanistan and at the U.S. prison camp for terror suspects at Guantanamo Bay, Cuba. After the Iraqi prison abuses came to light, the Justice Department in June disavowed its previous legal reasoning and set to work on the replacement document to be released today.

The Justice memo, dated Thursday, was being released less than a week before the Senate Judiciary Committee was to consider Bush's nomination of his chief White House counsel, Alberto Gonzales, to replace John Ashcroft as attorney general.

Democrats have said they will question Gonzales on memos he wrote that were similar to the now-disavowed documents that critics said appeared to justify torture.

The release also coincided with continuing revelations of possible detainee abuse, most recently a series of memos from FBI agents uncovered in an American Civil Liberties Union lawsuit alleging instances of Defense Department wrongdoing during a variety of interrogations.

The new memo sets a far different tone: "Torture is abhorrent both to American law and values and to international norms."

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http://www.azcentral.com/arizonarepublic/local/articles/1231phxbriefs31.html

Phoenix news briefs

Dec. 31, 2004 12:00 AM

Officer shot by wife resigns from force

PHOENIX - A Phoenix police detective who was shot by his wife this week, then arrested on charges he assaulted her, has resigned.

Detective Billy Soza, 53, submitted his resignation Wednesday from a Maricopa County jail where he is being held, police said.

Soza's wife told police she shot him Monday night in self-defense after Soza held her captive in their bedroom, put his service weapon in her mouth three times and stepped on one of her breasts, where a lump was surgically removed earlier that day. Pamela Soza, 44, reportedly said her husband had been beating her for the past 20 years and that he wanted to kill her. She was not arrested.

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more on phoenix police beating captured by news 12 video

http://www.azcentral.com/news/articles/0101inmate01.html

Scuffle brings on inquiry
Assault by police claimed

David J. Cieslak
The Arizona Republic
Jan. 1, 2005 12:00 AM

A 22-year-old man involved in a scuffle in November with Phoenix police believes he's permanently disabled from the incident and said the officers should face assault charges for their actions.

Jaime Jimenez-Espinoza, a Mexican national charged with attacking a pregnant woman near 43rd Avenue and McDowell Road, said he was embarrassed by the altercation with the officers and has nightmares about it. The Nov. 23 scuffle was captured on videotape by a 12 News crew in the station's helicopter.

"I guarantee you, if I hit one of them, they would punish me," Jimenez-Espinoza said through a translator during an interview at the county's Durango Jail. "The police should learn from this so they don't do this again."

Phoenix police have launched two investigations, a criminal probe and an internal review, into the officers' conduct during the scuffle, said Sgt. Randy Force, a police spokesman. Once completed, the criminal investigation will be forwarded to the Maricopa County Attorney's Office, where prosecutors will decide whether to charge the officers.

"We're well aware that the officers' actions caused concern not only within the community but within the Police Department," Force said Thursday night. "If the County Attorney's Office believes these officers broke the law, it'll be up to them to take action."

The altercation occurred after Jimenez-Espinoza bolted from a car following a pursuit through west Phoenix. The married father of a 1-year-old boy said he ran from police because he feared immigration officials would deport him if he was arrested.

Police chased Jimenez-Espinoza after he reportedly robbed and assaulted a pregnant woman, then forced her into a vehicle at gunpoint. The woman was not seriously injured, authorities said.

Jimenez-Espinoza was charged with kidnapping, armed robbery and assault in connection with the incident. He declined to discuss the events leading up to the scuffle with authorities, saying only that he met the woman earlier in the day and he believes her testimony will exonerate him.

After a brief foot pursuit, Jimenez-Espinoza said he was surrendering and had his hands in the air when the altercation began. The 12 News footage shows Jimenez-Espinoza was handcuffed through most of the scuffle.

Among the actions shown on the unedited tape:

• Officer Steven Huddleston, 31, lunges at Jimenez-Espinoza, who was facing a wall and did not appear to be resisting.

• Once Jimenez-Espinoza is on the ground, an officer strikes him twice in the torso with his hand. Police then drag the suspect in the dirt before an officer places a foot on his midsection.

• Officer Thomas Beck, 32, talks to Jimenez-Espinoza with his fist on the man's head and neck, clearly placing a large amount of weight on him.

• The officers roll Jimenez-Espinoza onto his back and begin searching his pockets. A short time later, Beck punches him in the groin. They flip him back over and Huddleston stands on the back of Jimenez-Espinoza's left knee for a few seconds.

• As police walk the suspect to a patrol car, Huddleston strikes Jimenez-Espinoza's face with his elbow.

Jimenez-Espinoza, who said he has not met with an attorney since his initial court appearance three weeks ago, believes his feet were damaged in the scuffle and claims he has recurring pain in his head and back. He said he's considering legal action against the city.

"They were abusing me. I was defenseless there," said Jimenez-Espinoza, who claims officers were shouting racial slurs as they struck him. "I was just thinking everything should have been fine, but they were beating me up a lot. They just kept hitting me."

Photographer Carlos Chavez contributed to this article.

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Will Rick Romly demand that this happen in Arizona when he runs for governor????

http://www.kansascity.com/mld/kansascity/news/consumer_news/10544136.htm?1c

Posted on Sat, Jan. 01, 2005

Saudi Arabia Beheads Pakistani, Iraqi Men

Associated Press

RIYADH, Saudi Arabia - Two men, a Pakistani and an Iraqi, were beheaded Saturday for smuggling drugs into Saudi Arabia, the Saudi Interior Ministry announced.

The Pakistani, Mohammed Amin Abdullah Jan, was convicted of smuggling an undisclosed amount of heroin into the kingdom and was beheaded in the Red Sea port city of Jiddah, the ministry statement said.

Mattar bin Hussein bin Bakhit al-Khazaali, an Iraqi, was convicted of smuggling hashish into the kingdom and was beheaded in the northern town of Arar, close to the Iraqi border, according to the ministry.

Al-Khazaali is the second Iraqi to be executed in this border town in the past 10 days. Qaied bin Kamal bin Mohammed al-Zayadi, an Iraqi, was convicted of smuggling an undisclosed quantity of hashish into the kingdom and was beheaded in Arar on Dec. 22.

At least 35 people were beheaded in the kingdom in 2004 compared with 52 people in 2003, most of whom were convicted of drug smuggling.

Saudi Arabia follows a strict interpretation of Islam under which people convicted of drug trafficking, murder, rape and armed robbery can be executed. Beheadings are carried out with a sword in public.

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http://www.nytimes.com/2005/01/02/international/asia/02afghan.html?oref=login

Armed and Elusive, Afghan Drug Dealers Roam Free
By CARLOTTA GALL

Published: January 2, 2005

ARANJ, Afghanistan - Seen from the air, the Margo desert, which sprawls across the far southwestern corner of Afghanistan toward the borders with Iran and Pakistan, is traced with white car tracks.

With its forbidding reputation as the "desert of death," it deters most travelers but is the favored route of drug traffickers taking opium, heroin and hashish produced in Afghanistan to Iran for smuggling to Turkey and Europe. They cross in armed convoys of 10 to 20 pickup trucks, at such high speed that police officials say they cannot catch them.

"The smugglers know the desert very well," said the police chief of Nimruz Province, who goes by one name, Asadullah. "They have very powerful cars, Land Cruisers that go at 250 kilometers an hour," he said. That is more than 150 miles an hour. The desert is so smooth that the drivers can indeed move at high speeds. The 300-mile border that Nimruz Province shares with Pakistan and Iran is wide open for them, he added.

The desert crossing is part of a lucrative drug trade that threatens to turn Afghanistan into a narco-mafia state, United Nations and Afghan officials warn. Afghanistan, the biggest producer of opium in the world, is now the source of 90 percent of the heroin on Europe's streets, the United Nations antidrug agency says.

Although farmers all over Afghanistan have been turning to poppy cultivation - causing such farming to increase by 60 percent in 2004 - they often remain impoverished, while big profits are being made by the dealers and traffickers, they say.

Drugs leave Afghanistan by three main routes: from the northeast into Tajikistan and on to Russia; into Pakistan and its ports, and westward across the desert into Iran.

Of the three, this corner of Afghanistan, where Baluch tribesmen have survived by banditry and smuggling for centuries and tend not to recognize national boundaries, is perhaps the most notorious.

At the remote point where Pakistan, Afghanistan and Iran meet, American Special Forces swooped down on a camel train in search of Osama bin Laden, or his son Saad bin Laden, in March 2003 after intercepting a satellite telephone call from the younger man. But the train turned out to be ordinary smugglers, a Pakistani official in Afghanistan said at the time.

The profits from trafficking are easy to see here in this dust-blown, arid town on the border with Iran. Farmers have been ruined by a seven-year drought, and townspeople have to fetch their drinking water in plastic containers from public taps, but lavish villas, decorated with colored tiles and mirrored glass, are being built.

"That house belongs to a drug smuggler," said Ghulam Ghous Sistani, the chief of the counternarcotics team in Nimruz, pointing to one new white villa as he drove through the town. He showed half a dozen more, naming the owners each time. One also owned a hotel in the capital, Kabul, he said. The fancy houses have gone up just in the last year, indicating a confidence among drug smugglers that they can buy land and build freely in Afghanistan these days.

But however well known the big drug bosses are, the police have little hope of proving their suspicions. "Without proof we cannot arrest anyone," said Asadullah, the police chief. "If we do, we will be punished."

Catching even the couriers is extremely difficult, Mr. Sistani said. "They go straight through the desert to the border," he said. "They have rocket launchers and machine guns. We don't have the power to fight them."

Just 10 days earlier, Mr. Sistani was on patrol in the desert when he spotted a drug convoy. "I was in my own car," he said. "They were in six cars, with about 15 to 20 armed men. They saw us but they were not scared of us."

"We have no vehicles, no radios," he said. "No one helps us. Fighting smugglers is very serious. We should have 15 fast cars, weapons, satellite telephones, otherwise we cannot fight them.

"When I get invited to meetings in Kabul, they always say Nimruz is the place of smuggling, and I say, 'How can we stop it?' "

The scale of the problem and the deadly seriousness of the smugglers have been confirmed by the Iranian authorities and the United Nations. Iran has lost more than 3,000 police officers battling the drug smugglers in the last 10 years, Muhammad R. Bahrami, Iran's ambassador to Afghanistan, said in a recent interview. In an effort to improve Afghan border control, Iran is building and equipping 25 border checkpoints for the Afghan authorities along their common border, and has donated 100 motorbikes to the Afghan police.

In Vienna, Antonio Maria Costa, executive director of the United Nations Office on Drugs and Crime, who detailed the scale of the Afghan narcotics trade in a report last month, said Iranian intelligence had shown him pictures of a drug convoy of more than 60 vehicles with armed protection making the crossing from Afghanistan to Iran in September 2003.

The Afghan police said tough paramilitary policing by Iran, including aerial bombing and dropping troops in by helicopter to intercept smugglers, had forced the smugglers to reduce the scale of the convoys and even to revert to camel trains. The Iranian police in the central town of Nain recently caught smugglers transporting camels and found drugs in the stomachs of the camels after slaughtering them, the official news agency, IRNA, reported last month.

The Afghan police have seized some drugs, but Mr. Sistani said they were catching people only at the lower end of the smuggling operation. Inside a sealed metal shipping container at the police station, he showed off more than 1,200 pounds of confiscated heroin, opium and hashish, as well as a small stove used for processing morphine.

"We caught these on donkeys, camels and motorbikes," he said. "The rule is the same the world over, they dump the drugs and run away." Some of the camel and donkey trains are left to make their own way across the border so the police capture the contraband but no people, he said.

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http://www.nytimes.com/2005/01/02/national/02listen.html

Court Tells Los Angeles City Council to Listen
By THE ASSOCIATED PRESS

Published: January 2, 2005

OS ANGELES, Jan. 1 - During public hearings, members of the City Council talk on cellphones, chat among themselves, read mail or wander around the room.

A state appeals court says they should be doing something else: listening to the people in front of them.

Ruling on a lawsuit brought by the owners of a strip club, the Second District Court of Appeal said that the 15-member Council acts as a quasi-judicial body when it holds hearings and has a legal duty to pay attention to testimony - or risk violating citizens' due process.

Constituents have a right to "courteous treatment," the three-judge panel wrote in a decision released on Thursday.

The city has not yet said whether it will appeal, but some legal experts predict the decision will stand.

"They're acting a little like judges, and because they are acting like judges, they have to be judicial in the way they act," said Jonathan Zasloff, a law professor at the University of California, Los Angeles.

The ruling came in a suit brought by the owners of the Blue Zebra, a strip club in East Los Angeles that wanted to extend its hours past the 2 a.m. closing time.

The Blue Zebra's lawyer, Roger Jon Diamond, made a videotape of the June 13, 2003, public hearing because he believed he would get little attention from the Council.

At the strip club hearing - which also was Hawaiian Shirt Day for the Council - few of the brightly dressed members appeared to pay attention. One paced behind his chair, deep in a cellphone conversation; three huddled in conversation; another strolled about the room.

Afterward, the Council voted unanimously against extending the Blue Zebra's hours.

The appeals court judges dismissed the city's argument that the hearing was fair because the council members gave equal treatment to everyone involved in the strip club debate.

Both sides "had the right to be equally heard, not equally ignored," they wrote, ordering the Council to hold a new hearing.

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Stuff

Tabs

Spaces

Spaces and tabs

End of stinking test of spaces and tabs

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testing of &amp; and &gt; and &lt; :) wonder what those
are??? learn html :)

a bunch of amps

&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&
&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&&

a bunch of <

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

a bunch of >

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

some html which SHOULDNT get translated :)
<p>
<hr>
<br>
<i>iiiiii</i>
<b>bbbbbb</b>
<ul>
<li>list 1
<li>list 2
</ul>
<html>
</html>

end of stinking html test
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