Executive Spano Vindicates Policies; Pursues IP Replacement. Diet for Fat Teens

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WPCNR COUNTY CLARION-LEDGER. By John F. Bailey. April 10, 2003: A confident and matter-of-fact County Executive Andy Spano delivered a one-hour State-of-the-County Address to the County Legislature at the Michaelian Office Building Thursday evening in White Plains.


MR. COUNTY EXECUTIVE defended his policy of bonding against the cigarette companies future payments and noted that credit raters specifically made note that state mandates and the state legislature were to blame for the county fiscal problems.
Photo of News12 Telecast by WPCNR NewsLab


He announced a new county diet and fitness program for the county’s youth to compliment his Campaign Against Teen Age Drinking.

Takes Tappan Zee Transit Stand.

He went on record as being opposed to widening the Cross Westchester Expressway in any Tappan Zee Bridge traffic solution, and said a mass transit or rail solution was what he favored. He recommended using Westchester’s railroad depot staging areas to construct self-contained apartment and retail centers, “transit villages” to alleviate the need for automobiles as an alternative planning solution to the county commuting problem.



CALLS FOR PLANS TO REPLACE IP JUICE: Mr. Spano said he remained committed to decommissioning Indian Point and said he would call for proposals next month for plans and procedures from companies to replace the electricity generated by the Indian Point so he could justify the county condemning the plant.
Photo of News12 Telecast by WPCNR NewsLab


Spano said he will work more closely with companies who have a means for bringing to Westchester County the replacement power the county needs without building a new power plant in Westchester.

(One such company, not mentioned by Executive Spano in his speech is Conjunction, LLC, of Washington, D.C., which is seeking $750 Million in capital to construct an underground power transmission line along the Hudson River Conrail railroad tracks from Albany down to Yonkers, capable of transmitting the 2,000 megawatts per day Indian Point produces now from the Northeast power grid in Albany. Currently transmission line capacity to deliver electricity is only 1,600 megawatts according to the New York Independent Systems Operator.)

Triple A Bond rating Preserved. Tobacco Bonding Vindicated.

Executive Spano said that in view of news reports that Philip Morris, the tobacco company, would not have the money to meet its future tobacco settlement obligations, his policy of bonding for the monies due Westchester from the tobacco settlement now looks very good, since it has guaranteed Westchester will have received all it was entitled to from the settlement.
Spano said credit reports on Westchester’s credit rating had praised the county’s financial management, its financial controls and that state mandates had put pressure on Westchester’s budget.

The County Executive continued his mantra against the mandates, warning of more property tax increases in the year ahead: “Unless the State Government reduces the costs of these mandates, county programs and services, in Westchester and throughout the state, will continue to be cut and county taxpayers will continue to see property taxes increase. This must not happen. It is unfair and unjust for state government to make county taxpayers pay for its programs. Simply put, the system of mandated programs is broken, we must all work together to repair it.”

$20 Million in Security Upgrades.

The County Executive noted how the county has upgraded its airport and reservoir security, and told residents that the county has in place a radio communications system where all fire departments and police departments and agencies can talk to each other in an emergency. He noted steps he has taken to monitor hospitals for biological threats, and communications procedures he has instilled to put in place improved ability to communicate with the county’s schools and care centers, public and private.

Mentioning Indian Point again, he said he has called for Federalization of security at the nuclear power facility.

Cuts Have Taken Place.

Executive Spano aggressively defended his management of the budget, noting that he has cut services. He noted particularly that the Department of Social Services has had its staff cut by 236 persons, or 16% since 1998, but has processed 6,000 persons and gotten them back into society.

In a related matter, he bitterly complained that the state legislature granted sales tax increases to a number of counties but refused to grant such an increase to Westchester County.



SHAKIN HANDS ALL AROUND: County Executive Andy Spano shakes hands with Bill Ryan, White Plains County Legislator from District 5, and George Latimer left, Chairman of the Westchester Democratic Party after completion of his speech.
Photo of News12 Telecast by WPCNR NewsLab


Spano concluded with these words:“After a harsh winter, there is always a welcome spring. We have spent the past five years building a solid economy, preserving land for generations to come, investing in technology and protecting the health and safety of our people. These policies provide a solid foundation for the future. Working together, our government and our people will continue to make the county great.”

Spano began his speech recognizing several police officers and noting the death of Marine Bernard Gooden of Mount Vernon in the AmerIraqui War, and expressed his support for the American troops.



REPUBLICAN RESPONSE: Legislator Jim Maisano Response Attacks Spano on His Cuts.
Photo of News 12 Telecast by WPCNR NewsLab


In the Republican Response, aired a full 30-minutes after County Executive Spano had finished, County Legislator James Maisano began with a heartfelt message supporting the American troops.

Maisano took Mr. Spano to task, criticizing him for cutting funds to the County District Attorney’s office, resulting in cuts to anti-crime programs and various social programs. He said bonding for the tobacco money was wrong, and accused Mr. Spano of doing that so he could raise the level of County Services while decreasing taxes.

Maisano said County Executive Spano has failed to display leadership by not cutting the budget more so a property tax increase was not necessary, and said his policy of blaming the state for his budget problems had poisoned the atmosphere with the state and the Westchester delegation.

Maisano concluded his response by saying he and the other Republican Legislators would work to bring about a balanced budget and restore cuts to social programs and county security. He did not say where they felt the budget could be cut.

Mr. Maisano’s response was aired 30 minutes after the live telecast of Mr. Spano’s speech on News 12, and viewers were not advised after Mr. Spano’s speech that a Republican Response was coming up.

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Friia, Cacace, DiBella Tapped for Cty. Court Runs. Pollet, Davidson Primary.

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WPCNR COUNTY CONFIDENTIAL. Special to WPCNR. April 10, 2003: White Plains City Court Judge Jo Ann Friia was nominated by the Westchester County Democratic Party Executive Committee with Susan Cacace-Dibini of Yonkers and Robert DiBella of Yorktown to run for County Court Judge next fall at a meeting of the Democratic Leaders of the county’s 19 towns and 6 cities at Ridgeway School Wednesday night.

Susan Pollet and Katherine Davidson appear headed for a primary for the open Family Court Judge nomination, according to reports to WPCNR.

Cacace-Dibini’s and DiBella’s nominations were strongly supported. Judge Friia was chosen over Jeffrey Cohen in a close vote among the committee chairs from the various town Democratic Committees, winning by 1,500 votes of 80,000.

Cohen had received strong telephone lobbying support from northern Westchester Democrats and County Executive Andy Spano according to two sources familiar the situation leading up to last night’s vote.

Pollet Sets Up Against Davidson

Susan Pollet of Chappaqua, stuck to her guns in choosing to primary Katherine Davidson for the right to run for the open Family Court Judgeship this fall.

The Pollet effort provoked controversy. Jan Wells, speaking on behalf of Ms. Pollet, said Ms. Pollet was very qualified to be Family Court Judge, based on her long experience in court on family law cases as Senior Court Attorney in the Westchester County Family Court.

A delegate, who strongly supported Noam Bramson in his primary against Ron Tocci last year, strongly challenged Ms. Pollet’s experience as a reason to primary, saying, “I’m sick and tired of this obsession with qualifications, why is it the only time people primary is when a person of color is running?”

This statement was described as shocking to the gathering. Chairman of the Bedford Democrats, Mitchell Weingarten and the Co-Chairs of the New Castle Democrats, Adrian Kramer and Melissa Zuckerman abruptly walked out of the meeting after this statement.

Ms. Pollet needs to gather signatures to appear on the primary ballot in the fall to wrest the nomination from Ms. Davidson, an Assistant County Attorney.

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The Great Race: Ghost Ship Retakes the Lead Over Great American II in I.O.

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WPCNR ADVENTURER’S LOG. From Cynthia Goss. April 10, 2003,/ 24°21’S 66°07’E / Indian Ocean — :The intrepid trimaran, Great American II, attempting to set a new sailing record from Hong Kong to New York today fell off the pace set by the current record holder, the clipper ship Sea Witch 154 years ago.

Reporting today from the Indian Ocean, 1,000 miles south of the US military base in Diego Garcia, sailors Rich Wilson (Rockport, Mass.) and “Captain Larchmont,” Westchester’s own Rich du Moulin (Larchmont, N.Y.) said the ghost of the square-rigged clipper ship
Sea Witch had passed them overnight on their 15,000-mile voyage to New York City.
A week ago the 53-foot trimaran from Marblehead, MA, was clear of Sunda Strait at the south end of the China Sea and had broken into steady tradewinds after trailing Sea Witch by up to three days. Driven by the trades, the duo spurted a day and a half’s sailing ahead of the record set by Sea Witch skipper Captain “Bully” Waterman, who raced his cargo of tea to New York’s waiting markets in record time a century and a half ago. But Sea Witch’s performance in the trades has proved stronger.

The Report from Captain Larchmont

“As of noon yesterday Sea Witch’s comparable position was just 10 miles behind us,” Rich du Moulin reported by satellite email. “We estimate she passed us in the night and our chart now shows her out in the lead by 70 miles! We could imagine her silhouette moving past us on the horizon.”

After logging a 300-mile day, Captain Waterman, in his log, preserved in the Peabody Museum in Salem, MA, reported his ship was carrying every stitch of canvas it could.

“Strong trades all through (the day),” he noted. “Royal, studding sails and topgallant staysails set.”

From their position about 1,000 miles east of Madagascar, skipper Rich
Wilson reported that Great American II was treating the strong winds and big seas of the tradewinds with caution. However, with two reefs in the mainsail and carrying only a staysail, his vessel was making miles towards the Cape of Good Hope at a 10-knot average.

“At 180 feet in length, Sea Witch could span several waves; at 53-feet,
Great American II is affected by every one,” Wilson said. “We are forced to be conservative and relatively slow, while the hard-charging Sea Witch had a great day’s run in ideal conditions for her.

“Last night I could imagine her on the horizon. A sliver of moon barely lit the sky behind the heavy overcast, but there she was, where you wouldn’t see a star, right on the horizon. It had to be her! Sea Witch all sails set and reflecting the glimmer of moonlight, charging hard in the SE trades.

“These were her conditions. She had been coming on strong for the last several days. Captain Waterman was surely on the windward deck, inspecting the set of every sail, and feeling every puff on his cheek. He was advising the helmsman nearly wave by wave. He would stand there for hours, making sure his ship was driving hard toward the Cape of Good Hope, making sure that these trades would not be wasted.

“GAII is gamely hanging on, but we are saving ourselves for the lighter
breezes in which we excel. This is a race of strategy more than machismo, to go hard when you can make the easy miles, and to back off, when the sea state gets up and rattles her three hulls. Captain Waterman, hard driver that he was, also knew when to back off.

“Like a basketball team trying to stay close when the opponents make a run, we are trying to keep a good average speed so that when our chances in smoother seas come, we can make our own run.

“What a horse race! In marathon racing they talk of the rubber band, that a runner may sag back behind the leader, but always stay close enough to surge back. If the rubber band breaks, it is over; the trailer will just keep falling back further and further.

Into the Trades They Made Time

“Coming out of Sunda Strait, our rubber band was stretched to the max. If we had been another day and a half behind, perhaps we could not have pulled even; it would have been too much to make up, but fortunately it didn’t and here we are, passed again, but still in a horse race.

“A huge high pressure system lies to the south of us and has just passed to the east. The winds are wrapping around it, and a frontal system lies several days ahead. As we exit the trades, we will come into more weather related decision-making, and our current direct course to Cape of Good Hope will not be so obvious.

Beware the Westerlies, Matey, and Aye, Those Freighters!

“We must not get so far south that we encounter the strong westerlies
coming off the South Atlantic, and we must not turn too early toward the
west coast of Africa where we could fall into the light winds now forecast to be south of Madagascar in this new weather system.

“In the murk yesterday afternoon, I thought I saw a structure, and I wasn’t even looking. Lo, a big automobile transport, but they wouldn’t respond on VHF. Another ship, out of sight over the horizon did. She was a sugar carrier, from Sydney bound for Durban. We’ll have to keep a very sharp lookout as we approach Cape of Good Hope with its heavy maritime commercial traffic.”

While working watch and watch, around the clock, to get to New York as quickly as possible, Wilson and du Moulin have been busy corresponding with schoolchildren who are following their live adventure in a unique educational program called sitesALIVE! Children have emailed questions about sailing, life at sea, leaving port, and wildlife; both sailors have written back with answers to help make this voyage a vivid learning experience for some 360,000 children.

Halfway to Africa

Great American II is roughly half way across the Indian Ocean with 2,600 miles to go before reaching the southern tip of Africa, where they will turn north into the Atlantic Ocean. To beat Sea Witch’s record of 74 days 14 hours, the two sailors must arrive in New York the week of May 26.

* * * Hardalees

HOW THE PUBLIC CAN FOLLOW GREAT AMERICAN II: The website tracking the voyage of Great American II is http://www.sitesalive.com. Daily position reports and a Captain’s Log are posted on the site so classrooms, students, and families who purchase licenses can follow the progress of the boat. For information, go to http://www.sitesalive.com/oceanchallengelive/.

The saga of GAII will also be published in a number of daily papers, in the Newspaper In Education supplements, and tracked on the AOL@SCHOOL program (keyword: sitesalive).

Great American II’s Newspaper In Education participation in seven national daily papers is supported by the sitesALIVE Foundation. Established in 2002, the Foundation addresses teacher training in computer technology and funding for budget-constrained schools. The mission of the foundation is to enhance K-12 education by promoting the use of technology with real-world, real-time content from around the globe.

Some 360,000 students are expected to follow the voyage of Great American II. For a chart showing the relative positions of Great American II and Sea Witch, go to:
http://www.sitesalive.com/ocl/private/03s/pos/ocl3position.html

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Lasselle Announces Resignation; PR Evaluation Inked; Emergency Phones. 5 Run.

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WPCNR SCHOOL DAYS. By John F. Bailey. April 10, 2003: The Board of Education accepted Assistant Superintendent for Business Richard Lasselle’s retirement, effective August 1 of this year.

The Board also voted to appoint Cathy Callagari Public Relations, Inc., to evaluate and recommend City School District image and communications procedures, and also announced the district would be experimenting with an internet-based calling out system known as PACE to notify parents district wide within 15 minutes of emergency situations.

Michelle Schoenfeld, Clerk to the Board, announced five city residents had taken out packets to run for the four School Board seats up for election May 20.



LASSELLE MAKES IT OFFICIAL: The Assistant Superintendent for Business for the City School District for the last eight years, read his letter announcing his retirement Tuesday evening.
Photo by WPCNR News


During his tour of duty with White Plains, Mr. Lasselle worked jointly with the City of White Plains to wire the city schools with fiber optic technology, ushering the city schools into the internet age. He engineered the $8.5 Million financial model for funding a long term District Technology Upgrade bringing computers to all of the schools classrooms with state-of-the art Dell PC’s which continues to upgrade itself to this day and into the future.

Lasselle overhauled the City School District Food Service program to become self-sustaining, and turns a slight profit. He oversaw the $28 million, Wicks Law-plagued, 3-year renovation of the White Plains High School that is now complete. Timothy Connors, Superintendent of Schools announced that an Open House would be held at the high school on May 17, to show off the finished complex to the city.

Mr. Lasselle is perhaps best known for his work with the Annual Budget Committee. His clear, step-by-step construction of proposed school budgets is done in an open, step-by-step procedure in front of the community, in which the district identifies budget cuts and savings made and their ramifications in public so everyone buys in. Over the last eight years Lasselle, working for former Superintendent of Schools, Dr. Saul Yanofsky and now Timothy Connors, has never produced a double-digit budget or school tax increase, and has resulted in his proposed budgets being approved by the voters by margins as high as 4 to 1.

In his remarks, Lasselle closed by saying his work was made possible by working with so many of the fine administrators of the district and a collaboration with the citizens of White Plains, who made decisions with the best interests of the children always in mind. He expressed hope that his work had built “a foundation for the future.”

Board Members Praise the Man with the Numbers.

Board of Education member, William Pollak said Lasselle was “a pleasure to work with, incredibly professional every step of the way, and you seem to have all the answers.” Pollack said that there never was a question that Richard Lasselle could not answer. From a reporter’s perspective, Mr. Pollak is absolutely correct. Mr. Lasselle never equivocated or hid information when I asked him a question. He would tell me honestly what he could and took time to explain financial issues.

Dorothy Schere, President of the Board of Education, said “It’s hard to know what was the (his) most difficult task,” and singled out Lasselle’s creation of the self-supporting school lunch program was to her, one of his most surprising accomplishments.

Donna McLaughlin, a member of the Board of Education for six years, said, “You’ve done a number of complicated jobs and done them very well. You never seem to tire out, and I’m really going to miss you.”

BOE Member Susan Kirkpatrick noted that Mr. Lasselle, “represented us very well in the community at large and in Albany.”
Lasselle told WPCNR he would be retiring to live at his family home in Saratoga Springs, and continuing to consult with various educational boards he serves on in New York State.

Budget Report Card and Last Year’s Test Results Are In.

Timothy Connors, Superintendent of Schools, in approving the School District Budget Report Card, noted that in the last eight years White Plains had not had to endure the double digit increases in spending and school taxes now being faced by many surrounding districts. The report card showing this year’s tax increase would be mailed to residents next month.

Richard Lasselle reported that tax certioris had to date cost the school district $612,000, about $400,000 less than was budgeted for district givebacks to successful tax payer challenges.

The new $134.6 Million proposed School Budget will be voted on May 20.

Connors also remarked that Larry Killian, the district testing coordinator would be addressing the Board of Education at the district’s next meeting on the results of last year’s assessment tests which are now in.

P.R. Firm Inked.

Connors announced that Cathy Callegari PR, Incorporated, of Scarsdale, had been contracted to conduct an evaluation of district public relations procedures and to work with school officials, secretaries in matters of how to deal with the public. The Callegari firm will be paid $10,000 for this study.

Connors said she would be presenting the scope of her study to the Board of Education at the next BOE meeting on April 22. He said she would be looking at the “branding” of communications materials distributed to the public, video production, and training in how to speak to the public.

Connors said Callegari would be conducting the study this spring and reporting back by June, so changes in the school’s public relations program could be implemented by the fall.

PACE system to be Tried.

The Superintendent reported the district is going to experiment with a web-based parent notification system, called PACE, which he said, when implemented would notify by telephone all parents within 15 minutes across the district of school procedure changes in emergencies or otherwise. He did not say when this would be in place.

Five Prepare Run for Board of Education

Michelle Schoenfeld, Clerk to the Board, told WPNCR that present Board of Education Members Donna McLaughlin, Peter Bassano, and Michelle Tratoros had taken packets to prepare to run for reelection to the Board at Elections in May. Two other residents, Nancy Barry, 2nd Vice President of the Post Road School PTA, and Terence McGuire, a member of the Annual Budget Committee had also taken out packets to place themselves on the May 20 ballot. Citizens must acquire 100 signatures on nominating petitions to be placed on the May 20 Ballot. The petitions are due back to Ms. Schoenfeld April 30.



SCHERE NOMINATED FOR STATE BOARD OF EDUCATION AWARD: Susan Kirkpatrick, right, Member of the Board of Education nominated 12-year Board Member, Dorothy Schere, for the NYS Everett R. Dyer Award for Distinguished School Board Service. Ms. Schere is the first White Plains nominee so honored.
Photo by WPCNR News

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Little League Salutes Park & Rec’s Joe Wray. Outback Donates Food to Charities

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WPCNR PRESS BOX. By Rich Masseroni, White Plains Little League. April 9, 2003: One of the bright spots that occurred last Saturday morning (when Frank Rose and I had to make the decision to cancel the Little League Parade) was the fact that Mr. Rose and I presented Mr. Joe Wray (WP Maintenance Supervisor) with a beautiful plaque (on behalf of White Plains Little League) congratulating him on his retirement after 30 years of service to the WP community. FYI, Saturday, April 5, was Joe’s last official day on the job. We had planned to recognize Joe during the Parade Ceremonies.
Joe indicated although he is officially retired, he is being retained by the City of White Plains as a contractor from now through June. Joe’s replacement is a gentlemen by the name of Frank “Cheech” Piacente.

In the upcoming edition of the WP Watch Newspaper, there is a 1/2 page “Sponsor Thank You” annual advertisement that WPLL has taken out to recoginize all our sponsors, there is a notation at the bottom, which I placed in the advertisement, also recognizing Joe Wray for his efforts on behalf of White Plains Little League.

Outback Steakhouse and Little League Donate Parade Food to Local Charities.

The food that Outback Steakhouse had purchased, over $1,200 for the picnic at the conclusion of the cancelled parade is being donated to local charities as a donation from White Plains Little League and Outback Steakhouse.

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That Old Barbershop Sound Comes Back with The Chordsmen Reunion at The Highlands

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WPCNR WHITE PLAINS VARIETY. From Ann Nieves. April 9, 2003:On Saturday, April 26th, the Westchester Chordsmen Chorus, a 60 member a cappella singing group in the barbershop tradition, will reunite with hundreds of past members for a 50th anniversary concert to raise funds for the group’s many charitable services. Since the 1950’s, the Chordsmen have supported the events of many local charitable and government organizations and regularly perform for nursing homes, hospitals and hospices. The one night only performance will be performed at Highlands Middle School April 26.
Led by 26-year-old director Dusty Schleier, the Chordsmen will perform a repertoire of favorites including The Impossible Dream and It’s Almost Like Being in Love; and will feature favorite barbershop quartets the Notewits, and the Racquet Squad.

“This concert will be an historic event, reuniting past and present quartets, members and directors for an all-star event,” said Alan Ferris, Chordsmen president.

The Chordsmen are the Westchester County Chapter of The Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, the largest male singing society in the world. The Westchester Chapter, one of the largest on the East Coast, includes residents from the tri-state area who have entertained thousands world-wide. Members range in ages from 13 – 80.

Past performances include Christmas at the White House in 1995; the Barbershop Harmony Festival in St. Petersburg; and the Millennium Celebration in Sulmona, Italy. Members of the group have also made several appearances on the Letterman Showand performed a Valentine’s Day serenade for the ladies of The View.
The Best of the Chordsmen golden anniversary performance will be held on April 26th at 7:30 p.m. at the Highlands Middle School in White Plains. Call 914-241-0208 for tickets and additional information.

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You Can Fly Over Indian Point, But Not DisneyWorld.

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WPCNR INDIAN POINT INDEPENDENCE TIMES. From Kim Spahn of Riverkeeper. April 9, 2003: The Homeland Security Department and the Federal Aviation Administration refuse to declare a no-fly zone around the plant which is feared to be a terrorist target. Meanwhile the entertainment giant Disney successfully lobbied and received no-fly zones over its two U.S. theme parks Disney World and Disneyland from the feds.
“How can New Yorkers be expected to feel safe when our government does more to protect Mickey Mouse than the 20 million citizens who live next door to Indian Point,” Riverkeeper’s executive director Alex Matthiessen said in a written statement. “What additional evidence is required before the Homeland Security Department and FAA put appropriate measures in place to defend this obvious and vulnerable terrorist target?”

In the weeks following September 11, 2001, the FAA issued a no-fly zone over all the country’s nuclear plants. But now it’s legal for planes (both private and commercial) to fly over the plants, including the Indian Point facility, as long as the plane maintains an altitude of 2,000 feet.

In an investigation conducted by the New York Observer last year, it was discovered that no single entity – neither Entergy, Indian Point’s owner, nor any government agency including the Pentagon – claims responsibility for protecting Indian Point from an aerial attack.

Many industry experts and residents fear that a small private plane loaded with explosives could easily be used to attack targets at the plant such as the spent fuel rod pools which contain 1500 tons of high-level radioactive waste.

New York politicians, including Governor Pataki and U.S. Representative Eliot Engel, have requested the Homeland Security Department and FAA restrict the airspace over the nuclear plant.

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Capital Punishment Murder Trial of Dennis Alvarez-Hernandez: Week One

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WPCNR WHITE PLAINS LAW JOURNAL. By S. Richard Blassberg, Legal Affairs Correspondent. April 8, 2003:
The capital punishment murder trial which got under way last week in the Westchester County Courthouse in White Plains, before Judge Kenneth Lange, is the first in the county in more than twenty-five years.



WPCNR LEGAL CORRESPONDENT
S. RICHARD BLASSBERG
Photo by WPCNR News

The Defendant, Dennis Alvarez-Hernandez, has the ignoble distinction of being the sole individual chosen amongst ten defendants in the past nine years whose crimes were eligible to be designated for such treatment by District Attorney Jeanine Pirro. If convicted of First Degree Murder, he will face the possibility of being sentenced to Death by Lethal Injection.

The jury which consists of twelve jurors and ten alternates was selected over six months from a pool of 2,656 individuals. They have been advised by Judge Lange that the bifurcated, or two-part, trial will likely last for two months. The first phase is to determine the Defendant’s guilt or innocence, particularly as relates to First Degree Murder. The second phase will occur only in the event of such a conviction, and will be for the purpose of determining whether the punishment will be Life Imprisonment Without Possibility of Parole, or Death By Lethal Injection.

The Defendant is charged with the killing of Patricia Torres, his girlfriend, and two of her four young children, Ashley 4, and William 7, as well as the attempted murder of a third child, Vincent, then nine. Vincent managed to escape although seriously injured. The defense has acknowledged that Alvarez-Hernandez, in fact, committed the acts charged, but maintains that he did not possess the necessary intent to be guilty of Murder in the First Degree, because he was under the influence of alcohol with a blood-alcohol reading of .25, two and one-half times the legal limit. As with all criminal proceedings, under our federal and state constitutions, the prosecution has the burden of proof.

Mrs. Pirro’s assistants, George Bolen and Patricia Murphy, seasoned prosecutors, share the unenviable task of convincing the jury not only that Dennis Alvarez-Hernandez is guilty of Murder One, but also that they should condemn him to Death By Lethal Injection. To obtain such a conviction, they must establish to the jury’s satisfaction that he intended to produce the results his actions produced. They have wasted no time in the first week, bringing to the stand a witness who testified that the Defendant told her before the tragic incident, “If he couldn’t have Patricia, no one would.”

Additionally, Bolen and Murphy have attempted to counter the defense contention that the Defendant’s extreme intoxication and incapacity at the time of the killings rendered him incapable of forming the intent necessary under the statute to find Murder In The First Degree. For this purpose, they brought to the stand witnesses, police officers and emergency personnel, who testified that the Defendant was not nearly as intoxicated as his blood-alcohol reading would indicate he clearly was.

With the conclusion of the first week, the dye has been cast. The pivotal issue has been identified, and defence and prosecuting attorneys have each promised to prove their position.

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Great American II Catches up With Sea Witch Report from the Indian Ocean

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WPCNR ADVENTURER’S LOG. By Cynthia Goss. Special to WPCNR. April 8, 2003:John, all is going well on GAII. We moved last week’s report up to mark the boat’s passing into the Indian Ocean. We’ll have another update later this week…Once they got into the Indian Ocean, GAII left the light, frustrating winds of the S. China Sea behind and quickly got into the tradewind belt. They’ve been making good time and are now neck and neck with Sea Witch’s position.

Here is a report from Rich Wilson aboard the GAII received just this morning:
I got this from the boat this morning, from Rich Wilson, imagining what it must have been like to be sailing in 154 years ago, right next to the legendary clipper ship…

“Last night I could see her on the horizon, a sliver of moon barely lit the sky behind the heavy overcast, but there she was, where you wouldn’t see a star, right on the horizon, it had to be her, Sea Witch all sails set and reflecting the glimmer of moonlight, charging hard in the SE trades. These were her conditions, she had been coming on strong for the last several days, GAII’s lead captured immediately out of Sunda Strait had been evaporating in the last days, and now here she was.

Captain Waterman, (Sea Witch Captain). surely on the windward deck, inspecting the set of every sail, and feeling every puff on his cheek,advising the helmsman nearly wave by wave. He would stand there for hours, making sure his ship was driving hard toward the Cape of Good Hope, making sure that these trades would not be wasted.

GAII was gamely hanging on, but she was also saving herself for the lighter breezes in which she excelled. This was a race of strategy more than machismo, to go hard when you could make the easy miles, and to back off, when the sea state got up and rattled her three hulls.

Captain Waterman, hard driver that he was, also knew when to back off. Upon approaching Sunda Strait, he hove to for a night, saying it was “too dark” to proceed in the confined waters. We’re neck and neck now, at noon time, only miles apart after 23 days, isn’t it amazing!”

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JPI: “We’re in the Money.” Long Idle Jefferson to Resume by June.

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WPCNR STREETS OF WHITE PLAINS. By John F. Bailey. April 8, 2003: Attorney Mark Weingarten told WPCNR Monday evening in private conversation in the City Hall rotunda that his client, JPI, of Dallas, Texas, had secured a lender to supply the additional $20 Million in new financing. The organization had been seeking the amount to resume construction of “The Jefferson” at the long dormant site on 300 Mamaroneck Avenue. Work has been stopped since May of 2002, while additional financing, now according to Weingarten, secured, was sought.

Weingarten said a term sheet had been signed with a lender, but would not reveal the name of the lender. The attorney told WPCNR his client had to apply to the Westchester County Industrial Development Agency as the next step in the process. Weingarten assured WPCNR the schedule would meet the Common Council deadline for having financing in place, June 1, and for construction to begin anew by the June 15 deadline set by the Council.

Weingarten said the Mayor’s Executive Officer George Gretsas would be presenting the term sheet to the Common Council at the next Council work session.

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