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Monday, May 21, 2007
BAUAW NEWSLETTER - MONDAY, MAY 21, 2007
*---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* Tuesday, May 22, 7 P.M. LABOR'S RESPONSE TO KATRINA WHAT HAS BEEN DONE? WHERE DO WE GO FROM HERE? MALCOLM SUBER PEOPLES HURRICANE RELIEF FUND REGISTERED NURSE RESPONSE NETWORK CALIFORNIA NURSES ASSOCIATION MEMBERS OF OTHER UNIONS A Member of the NEW ORLEANS COMMUNITY Residing in the Bay Area MIKE BISHOP UC-BERKELEY VOLUNTEER COORDINATOR TUESDAY MAY 22nd - 7pm $5-10 sliding scale donation – no one turned away for lack of funds CALIFORNIA NURSES ASSOCIATION 2200 FRANKLIN STREET, OAKLAND (near 19th Street BART Station) Sponsored By The Bay Area Labor Committee For Peace & Justice/USLAW For more info: 510-540-0845 *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* LAPD vs. Immigrants (Video) http://www.sfgate.com/cgi-bin/qws/ff/qr?term=lapd&Submit=S&Go.x=0&Go.y=0&Go=Search&st=s *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* Dr. Julia Hare at the SOBA 2007 http://mysite.verizon.net/vzeo9ewi/proudtobeblack2/ *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* "There comes a times when silence is betrayal." --Martin Luther King *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* ARTICLES IN FULL: *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 1) PARAMILITARIES MURDER A MEMBER OF THE PEACE COMMUNITY THE PARAMILITARIES HAVE MURDERED FRANCISCO PUERTA (Translated by Eunice Gibson, a CSN volunteer translator) Friday, May 18, 2007 CSN News http://www.colombiasupport.net/news/ 2) Colombia warlord claims US link to funds By DARCY CROWE, Associated Press Writer Thu May 17, 9:32 PM ET http://seattlepi.nwsource.com/national/1102AP_Colombia_Paramilitaries_Scandal.html 3) Appellate Judges Deliberate Mumia Case on Hold By DAVE LINDORFF Weekend Edition May 19 / 20, 2007 http://www.counterpunch.com/lindorff05192007.html 4) The Immigration Deal Editorial May 20, 2007 http://www.nytimes.com/2007/05/20/opinion/20sun1.html?_r=1&hp&oref=slogin 5) Illegal Migrants Dissect Details of Senate Deal By RANDAL C. ARCHIBOLD and JULIA PRESTON May 20, 2007 http://www.nytimes.com/2007/05/20/us/20immig.html?hp 6) 226 Juvenile Inmates to Be Freed in Texas By THE ASSOCIATED PRESS May 20, 2007 http://www.nytimes.com/2007/05/20/us/20youth.html 7) 13-Year-Old Arrested In School For Writing On Desk Principal Urges Cops To Arrest Girl For Writing 'Okay' Apr 5, 2007 7:51 pm US/Eastern http://wcbstv.com/topstories/local_story_095170448.html 8) Jamestown: The Lessons of Indians and Empire By Mumia Abu-Jamal May 3, 2007 prisonradio.org 9) Congress: Your Money and Your Life By Mumia Abu-Jamal May 8, 2007 prisonradio.org 10) "Sicko" "Michael Moore's scathing, important look at the U.S. healthcare system has plenty to rile the far right -- and a lot more to enrage the larger American public." By Andrew O'Hehir May 20, 2007 http://www.salon.com/ent/movies/review/2007/05/20/cannes_4/ 11) Fatah Troops Enter Gaza With Israeli Assent "Hundreds Were Trained in Egypt Under U.S.-Backed Program to Counter Hamas" Washington Post Foreign Service May 18, 2007; A01 http://snipurl.com/1l3pa 12) Union Cuts Help Delphi As Salaried Cuts Lag by David Barkholz/The Automotive News http://futureoftheunion.com/?p=4549 13) Fear of Eating By PAUL KRUGMAN Op-Ed Columnist May 21, 2007 http://select.nytimes.com/2007/05/21/opinion/21krugman.html?hp 14) Will Gentrification Spoil the Birthplace of Hip-Hop? By DAVID GONZALEZ May 21, 2007 http://www.nytimes.com/2007/05/21/nyregion/21citywide.html?ref=nyregion 15) Honduran Diplomat Assails Police in Shooting of Unarmed Bronx Man By THOMAS J. LUECK and TANZINA VEGA May 21, 2007 http://www.nytimes.com/2007/05/21/nyregion/21shoot.html?ref=nyregion 16) Buyout to Form Big Company to Train and Treat Prisoners By KEN BELSON May 21, 2007 http://www.nytimes.com/2007/05/21/nyregion/21prison.html 17) Prisons' budget to trump colleges' "No other big state spends as much to incarcerate compared with higher education funding." James Sterngold, Chronicle Staff Writer Monday, May 21, 2007 http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/05/21/MNG4KPUKV51.DTL 18) Missile kills Hamas official's family "At least 8 killed, 13 wounded in attack, officials say; earlier attacks kill 3." The Associated Press Updated: 11:17 p.m. ET May 20, 2007 http://www.msnbc.msn.com/id/18732661/ 19) CANINE INTELLIGENCE VIA Email from: Greg McDonald sabocat59@mac.com *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 1) PARAMILITARIES MURDER A MEMBER OF THE PEACE COMMUNITY THE PARAMILITARIES HAVE MURDERED FRANCISCO PUERTA (Translated by Eunice Gibson, a CSN volunteer translator) Friday, May 18, 2007 CSN News http://www.colombiasupport.net/news/ The continual killings, attacks and threats against our operation have not stopped. Every manner of destruction is used against us. They are using social investment as a war weapon, along with pressure, killing and threats of the paramilitaries, acting in conjunction with the armed forces. Our historic obligation, considering our alternative search for respect for the civilian population in the midst of the armed conflict, is to report all of their deeds, so that humanity may one day judge these terrorist actions. Once again we have to report a new murder in contravention of the humanitarian zones and against our community: --Today, Monday, May 14 at 7 a.m., in front of the bus terminal in Apartado, FRANCISCO PUERTA was murdered by the paramilitaries. He was a farm leader and the ex-coordinator of the humanitarian zone in the town of Miramar. Two paramilitaries came up to the store that’s in front of the terminal. He was sitting there and they shot him several times. Then they just walked off as if nothing had happened, in the midst of the police that were all around. In the same way, today at 7:30 a.m., there was a group of six paramilitaries, dressed in civilian clothes and carrying long guns, in El Mangolo, along with another four paramilitaries, also dressed in civilian clothes and carrying pistols. There were soldiers and police within two minutes of this paramilitary presence. --On May 13, a businessman from Apartado came to San Josesito at about 10:40 a.m., looking to buy some pigs. He told several people in the community that the paramilitaries are talking in the neighborhoods of Apartado and saying that they are going to carry out a massacre in the Peace Community. --On May 9 at 7:10 a.m., three farmwomen who belong to the community were detained by three paramilitaries in El Mangolo. El Mangolo is located as you are leaving Apartado heading for San Jose. The three men were dressed in civilian clothes and carried pistols and radios for communication. They said they were “Aguilas Negras” (a new organization of paramilitaries). They told the women they had been looking for them and they were going to kill them. They took them to where the road leads away from Apartado, a place where the police have a checkpoint. There the police asked for their identification and started calling by radio, giving the information on the three of them. The answer on the radio was that these women were not the ones they were looking for and that the police should note it down and let them go. Immediately the three paramilitaries took photos of them told them that if they said anything about what happened, they would kill them; that they were going to continue to be around the area because the orders are to start killing the people in that son-of-a-bitching peace community. The paramilitaries continued to ridicule them and told them that they had a list, that they had gotten away this time but that they shouldn’t claim any triumph because the paramilitaries had already been ordered to go into San Josesito, la Union and the other towns and carry out a massacre. The women told the paramilitaries that they ought not to do that and the paramilitaries answered angrily that it had already been coordinated and the order had been given and that you don’t fool with the police and with the Army. You have to respect them, they said, and they said the Army and the police had already given them the names of those who were to be killed. The paramilitaries asked the women about some of the leaders of the community and their wives or partners. They said that those sons of bitches would not get away, that all the area of San Jose was entirely guerrilla, and that after two years of having the police there, there were only a few that would work with them. The others all were pimps and collaborators with the guerrillas. After keeping them there for half an hour and continuing to insult and threaten them, they let them go, repeating that they would be killed if they said anything about what happened. These facts are proof of the murderous paramilitary actions that the government is trying to hide. A new wave of killings of leaders of the humanitarian zones is starting, with new deadly acts against the community, as we have reported before. This plan of extermination by the government against our community has failed again, as we do not intend to back down on our principles. We continue more firmly than ever. We are encouraged to continue openly with our search and we have the solidarity of many people at the national and international level—people who believe in a different and just world. The work of FRANCISCO and his memory give us the strength to continue in even greater solidarity with his children and his family. PEACE COMMUNITY OF SAN JOSE DE APARTADO May 14, 2007 CSN recommends that you send messages to your Members of Congress expressing outrage for this killing and question if the paramilitary demobilization really took place in that region of Apartado . Call for a full and impartial investigation into the killing of Francisco Puerta and into the reported paramilitary threats against the Peace Community. Request from the following Colombian authorities to take a decisive action to confront and dismantle paramilitaries operating in this region and to break their relations with the security forces. APPEALS TO: President of the Republic Señor Presidente Álvaro Uribe Vélez Presidente de la República, Palacio de Nariño, Carrera 8 No.7-2, Bogotá, Colombia Fax: +57 1 337 5890 / 342 0592 Salutation: Dear President Uribe Minister of the Interior and Justice Dr. Carlos Holguín Sardi Ministro del Interior y Justicia Ministerio Del Interior Y De Justicia, Carrera 9a. No. 14-10, Bogotá D.C. Colombia Fax: +57 1 560 46 30 Salutation: Dear Sir Attorney General Dr. Mario Germán Iguarán Arana Fiscal General de la Nación, Fiscalía General de la Nación Diagonal 22B (Av. Luis Carlos Galán No. 52-01) Bloque C, Piso 4 Bogotá, Colombia Fax: + 57 1 570 2000 (a message in Spanish will ask you to enter extension 2017) Salutation: Dear Mr Iguarán COPIES TO: Human Rights Ombudsman Sr. Volmar Antonio Pérez Ortiz, Defensor del Pueblo, Defensoría del Pueblo Calle 55, No. 10-32/46 oficina 301, Bogotá, Colombia Colombia Support Network P.O. Box 1505 Madison, WI 53701-1505 phone: (608) 257-8753 fax: (608) 255-6621 e-mail: csn@igc.org http://www.colombiasupport.net *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 2) Colombia warlord claims US link to funds By DARCY CROWE, Associated Press Writer Thu May 17, 9:32 PM ET http://seattlepi.nwsource.com/national/1102AP_Colombia_Paramilitaries_Scandal.html BOGOTA, Colombia -- A warlord accused of spearheading civilian massacres claimed Thursday that some U.S. companies who buy Colombia's bananas had made regular payments to his illegal right-wing militias. Imprisoned paramilitary leader Salvatore Mancuso did not specify why the companies would have paid money, but the militias commonly exacted "war taxes" from businesses and ranchers in areas where they operated, countering extortion tactics carried out by leftist rebels. Mancuso claimed in his testimony that the companies "paid one cent for each box of bananas they exported," according to Jesus Vargas, a lawyer for victims of paramilitary violence who was present at the hearing, to which the press was barred. He named Chiquita, Dole and Del Monte as having made such payments, according to Vargas. Mancuso's lawyer, Hernando Benavides, confirmed his client's testimony. A spokesman for California-based Dole Food Co. denied the accusation. "Recent press accounts implicating Dole with illegal organizations in Colombia is absolutely untrue," said Marty Ordman. Messages seeking comment left with the other fruit companies that operate in Colombia were not immediately returned. Chiquita Brands International Co. has acknowledged paying paramilitaries $1.7 million over six years. Chiquita says the payments were made to protect the safety of its workers but Colombia's chief prosecutor has said companies that made such payments shared the responsibility for paramilitary violence. In an agreement with the U.S. Justice Department, the company paid a $25 million fine. Mancuso — who was testifying as part of a peace deal with the government — and about 60 other jailed warlords ordered the massacres of about 10,000 people, many civilians, over a period of about 10 years beginning in the mid-1990s, according to Colombia's chief prosecutor. They also stole millions of acres of land. In his testimony, he also accused Colombians beverage giants Postobon and Bavaria of paying "taxes" to the paramilitaries in return for permission to operate along the Atlantic coast, a longtime stronghold of the illegal militia. "Bavaria has not made payments of any kind to illegal groupings operating in various areas in Colombia," a company statement said. Mancuso also said that the coal companies that operated in the province of Cesar, home to one of the world's largest coal reserves, paid "taxes", and that the companies that transported coal paid $70,000 a month to the paramilitaries. Wealthy landowners and drug traffickers first created the paramilitaries in the early 1980s to protect them from rebel extortion and kidnapping but the groups have since largely degenerated into murderous gangs. The paramilitaries, known by their Spanish acronym AUC, were listed as a "foreign terrorists organization" in 2001 by the U.S. government. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 3) Appellate Judges Deliberate Mumia Case on Hold By DAVE LINDORFF Weekend Edition May 19 / 20, 2007 http://www.counterpunch.com/lindorff05192007.html Momentous decisions are ahead in the 25-year-long case of Philadelphia death row prisoner Mumia Abu-Jamal, following a hearing before a three-judge panel of the Third Circuit Court of Appeals in Philadelphia Thursday. Assistant District Attorny Hugh Burns, who has been the lead attorney for the Philadelphia DA on this case since at least 1995, and who heads the appeals unit, went up against San Francisco death penalty appellate attorney Robert R. Bryan, who assumed the role of lead attorney for Abu-Jamal in 2003. Abu-Jamal, who was not present at the packed hearing in the ceremonial courtroom of the Federal Courthouse across from the Liberty Bell museum in Philadelphia, had three claims before the Appellate Court, all challenging his conviction for the 1981 murder of Philadelphia Police Officer Daniel Faulkner. Judith Ritter, Abu-Jamal's local counsel, argued argued against a claim by the District Attorney to overturn a 2001 decision by a lower federal court which threw out his death sentence. Christina Swarns, a counsel with the NAACP Legal defense Fund, argued in support of Abu-Jamal's appeal as a "friend of the court." The two-and-a-half-hour hearing began with prosecutor Burns tryng to make the case that Federal District Judge William Yohn had erred in vacating Abu-Jamal's death sentence. Judge Yohn had ruled in 2001 that an ambiguous and poorly worded jury verdict form, and an even more ambiguous instruction from the judge in the case, Albert Sabo, had left jurors believing, wrongly, that they had to all agree on any mitigating circumstances before weighing them in their decision as to the death penalty. In fact, any one juror can find a mitigating circumstance, while a death penalty decision must be unanimous. Burns claimed that Yohn's basis for his ruling was flawed. But all three of the judges-Chief Judge Anthony Scirica and Judge Robert Cowen, both Reagan appointees, and Thomas Ambro, a Clinton appointee- seemed to take a dim view of Burns' arguments. Judging from their challenging questions to Burns, and their generally favorable questions to Abu-Jamal's attorneys, it seemed likely that they would, in the end, uphold Yohn's decision. If they do, Abu-Jamal's death sentence would be lifted once and for all. At that point, the DA would have 180 days to decide whether to seek a retrial on just his sentence (not guilt). Several years ago, in an interview with this reporter, Joseph McGill, the original prosecutor at Abu-Jamal's trial, said the DA's office had apparently not decided whether it would seek a retrial on the death penalty if Yohn was upheld on appeal, as this would require impaneling a new jury, and essentially retrying the case, since a new jury would not know the issues leading to conviction. The DA has to realize that a death sentence would be much harder to win in today's Philadelphia, where it would be much harder for the prosecution to obtain a jury of 10 whites and two blacks, as it managed to do for the trial in 1982. Also, in 1982, Jamal had an attorney who had never handled a death penalty case before, and he didn't even attempt to bring in witnesses to offer mitigating evidence against a death sentence. A definitive end to Abu-Jamal's death sentence, even if his conviction remained in place or on appeal, would mean a major change in his status. For one thing, the DA's office would no longer be able, as it has done since 2001, to pressure the courts into keeping him locked away in solitary confinement on the state's super-max death row outside Pittsburgh. On the conviction issues, the court and Abu-Jamal's attorneys focused on a claim that his jury had been unconstitutionally purged of African Americans by a prosecutor who had a history of removing blacks from capital juries-a so-called Batson claim (after the US Supreme Court decision in 1986). The main presentation of the case by attorney Bryan was hampered by frequent questions from the judges, who kept asking for more evidence than just the undisputed fact that prosecutor McGill had used peremptory challenges to remove 10 otherwise qualified black jurors from the jury, compared with only five whites. Bryan pointed out that McGill had made his concern about black jurors clear when, during the trial, he raised an alarm that a black judge had entered the courtroom and sat near Abu-Jamal's supporters in the spectators' gallery. Reading from the court transcript, Bryan noted that McGill had said, "If the court pleases, the two black jurors may know him." (Of course, as Abu-Jamal's then attorney Anthony Jackson noted, there was an equal chance any of the white jurors might have known the judge, but McGill didn't seem to care about them.) In his written brief to the court, Bryan also notes that McGill, over the course of six capital trials including Abu-Jamal's, used peremptory challenges to strike 74 percent of qualified black jurors, compared to only 25 percent of white jurors. That brief also notes that over Ed Rendell's two terms as Philadelphia district attorney, when the man who is now Pennsylvania's governor was McGill's boss, the DA's office struck black jurors in capital cases 58 percent of the time, compared to only 22 percent of the time for whites. (Indeed, in 1982, and until the high court's Batson ruling in 1986, the Philadelphia DA actually followed a state supreme court decision called Henderson, which ruled that it was permissible for prosecutors to strike blacks from a jury if they thought they might tend to favor a defendant of the same race.) Prosecutor Burns, for his part, focused on an argument that Abu-Jamal's jury bias claim had been forfeited on procedural grounds because he allegedly had not made it soon enough-either during his trial or in the early stages of his state court appeal. This argument was weakened by the fact that the Supreme Court only made race-based jury selection clearly illegal in 1986, well after Abu-Jamal's trial, and by the fact that documentary scientific evidence of the Philadelphia prosecutor's systematic rejection of black jurors did not come to light until after 1997, after Abu-Jamal's state appeal had been exhausted. At least one judge, Ambro, seemed clearly sympathetic with Abu-Jamal's Batson claim. The other two judges were harder to read, as they asked tough questions of both Bryan and Burns. One judge, Cowen, on several occasions suggested the improbable possibility that since nobody knew the racial mix of the Abu-Jamal jury pool, it "might have been" majority African- American, "in which case the prosecutor's peremptory challenges might be seen as having been biased against whites." This view is clearly preposterous in a city where the court system had been--and to some extent still is--struggling to obtain an appropriate representation of African Americans on juries. Indeed, back in 1982, the city was still using only voter registration lists to call people to jury duty, and blacks at that time, while constituting 40 percent of the city's population, were notoriously under-represented on the voter rolls. Years later, following a federal lawsuit, the city has changed its method for compiling jury pools, but a lawyer long familiary with the issue says it would have been "almost inconceivable" for there to have been a majority black jury pool in 1982 under the old system. If at least two of the three judges on the Third Circuit panel were to find prima facie evidence of a Batson violation in Abu-Jamal's trial, they would likely send the case back to the Federal District Court, where Judge Yohn would be ordered to hold a full evidentiary hearing on the issue. In general, courts have held that the threshold for proving a prima facie case of a Batson violation--and thus winning an evidentiary hearing--is fairly low, while proving an actual case of bias--and winning a new trial--can be much harder. The second appeal claim by Abu-Jamal--that his trial had been unconstitutionally tainted by a summation statement to the jury by prosecutor McGill in which he told jurors their guilty verdict would "not be final" because Abu-Jamal would have "appeal after appeal," was given relatively short shrift at the hearing, because of the time spent on the Batson issue. Nonetheless it won support from a surprising quarter. Prosecutor Burns argued to the court that they should not even be considering the issue, since the US Supreme Court has never ruled that such clearly improper language by a prosecutor should undo a conviction-- only a death sentence. But Judge Cowen, looking incredulous, asked Burns, "Isn't saying that undermining a defendant's right to a fair trial?" If Cowen took that question seriously--and feels that telling jurors that their judgment isn't really final, could undermine the concept of "proof beyond a reasonable doubt"-then he could be considering overturning the guilty verdict. If a second judge went along with his view, that would mean a new trial for Abu-Jamal--except for the fact that the DA would certainly appeal such a decision to the US Supreme Court, (which would be bound to consider it, because of such a ruling's far-reaching implications). There was no discussion of Abu-Jamal's third claim, which was that his post-conviction hearing had been constitutionally flawed because of a pro-prosecution bias on the part of Judge Albert Sabo, the same judge who had presided over his trial. The fact that there was no argument on this claim by either side doesn't matter much, since both sides have filed detail briefs with the court, as they also did on the other claims. Apparently, the three judges had no major questions for either side regarding their respective arguments. There is no specific timetable for the court to decide on the four claims before it, though some attorneys predict a decision can probably be expected in one or two months. Outside the courtroom, in the plaza in front of the courthouse, and along 6th Street, several hundred pro-Abu-Jamal demonstrators, many carrying "Free Mumia" signs, staged a spirited demonstration. Inside the courtroom, Abu-Jamal supporters filled most of the seats reserved for spectators. Near the front sat Officer Faulkner's widow, Maureen, and several family members and supporters, who were allowed to enter the courtroom via a private entrance while other spectators had to go through security gates and line up at the courthouse's main entrance. Prosecutor McGill was also in attendance. Dave Lindorff is the author of Killing Time: an Investigation into the Death Row Case of Mumia Abu- Jamal. His new book of CounterPunch columns titled "This Can't be Happening!" is published by Common Courage Press. Information about both books and other work by Lindorff can be found at www.thiscantbehappening.net. He can be reached at: dlindorff@yahoo.com *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 4) The Immigration Deal Editorial May 20, 2007 http://www.nytimes.com/2007/05/20/opinion/20sun1.html?_r=1&hp&oref=slogin The immigration deal announced in the Senate last week poses an excruciating choice. It is a good plan wedded to a repugnant one. Its architects seized a once-in-a-generation opportunity to overhaul a broken system and emerged with a deeply flawed compromise. They tried to bridge the chasm between brittle hard-liners who want the country to stop absorbing so many outsiders, and those who want to give immigrants — illegal ones, too — a fair and realistic shot at the American dream. But the compromise was stretched so taut to contain these conflicting impulses that basic American values were uprooted, and sensible principles ignored. Many advocates for immigrants have accepted the deal anyway, thinking it can be improved this week in Senate debate, or later in conference with the House of Representatives. We both share those hopes and think they are unrealistic. The deal should be improved. If it is not, it should be rejected as worse than a bad status quo. The good. Part of the compromise is strikingly appealing. It is the plan to give most of the estimated 12 million immigrants here illegally the chance to live and work without fear and to become citizens eventually. The conditions are tough, including a $5,000 fine, and a wait until certain “trigger” conditions on border security are met and immigration backlogs are cleared. It requires heads of households to apply in their home countries, sending them on a foolish “touchback” pilgrimage. That is a large concession to Republican hard-liners, but they, too, have come a long way: consider that last year the House of Representatives wanted to brand the 12 million and those who gave them aid as criminals. A winding and expensive path to citizenship is still a path. The bad. The deal badly erodes two bedrock principles of American immigration: that employers can sponsor immigrants to fill jobs and that citizens and legal permanent residents have the right to sponsor family members — young children and spouses, of course, but also their grown children, siblings and parents. The proposal would eliminate several categories of family- based immigration, and it would distribute green cards according to a point-based system that shifts the preference toward those who have education and skills but not necessarily roots in this country. Supporters say that the proposal has been tweaked to give some weight to kinship, and that many immigrants would still be able to bring loved ones in. But the repellent truth is that countless families will be split apart while we cherry-pick the immigrants we consider brighter and better than the poor, tempest-tossed ones we used to welcome without question. The awful. The agreement fails most dismally in its temporary worker program. “Temporary means temporary” has been a Republican mantra, motivated by the thinly disguised impulse to limit the number of workers, Latinos mostly, doing the jobs Americans find most distasteful. The deal calls for the creation of a new underclass that could work for two years at a time, six at the most, but never put down roots. Immigrants who come here under that system — who play by its rules, work hard and gain promotions, respect and job skills — should be allowed to stay if they wish. But this deal closes the door. It offers a way in but no way up, a shameful repudiation of American tradition that will encourage exploitation — and more illegal immigration. It is painful, for many reasons, to oppose this immigration deal. It is no comfort to watch as this generation’s Know-Nothings bray against “amnesty” from their anchor chairs and campaign lecterns, knowing that it gives hope to the people they hate. It is especially difficult because lives are in the balance. The millions without documents live in constant fear: a campaign of federal raids has spread panic and shattered families. Congress’s dithering has encouraged the rise of homegrown zealots: mayors, police departments, county executives and legislators who take reform into their own hands, with cruelly punitive measures. No amount of hostile legislation is going to drive the immigrants away. A collapsed immigration deal could put off reform for years, and encourage more of this cruelty. It is the nation’s duty to welcome immigrants, to treat them decently and give them the opportunity to assimilate. But if it does so according to the outlines of the deal being debated this week, the change will come at too high a price: The radical repudiation of generations of immigration policy, the weakening of families and the creation of a system of modern peonage within our borders. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 5) Illegal Migrants Dissect Details of Senate Deal By RANDAL C. ARCHIBOLD and JULIA PRESTON May 20, 2007 http://www.nytimes.com/2007/05/20/us/20immig.html?hp TUCSON, May 19 — Under the shade of a mesquite tree here one morning this week, waiting for work that did not come, Elías Ramírez weighed the hurdles of what could be the biggest overhaul in immigration law in two decades. To become full legal residents, under a compromise Senate leaders announced Thursday, Mr. Ramírez and other illegal immigrants would have to pay a total of $5,000 in fines, more than 14 times the typical weekly earnings on the streets here, return to their home countries at least once, and wait as long as eight years. During the wait, they would have limited possibilities to bring other family members. “Well, it sounds difficult, but not impossible,” said Mr. Ramírez, 24, a native of Chiapas, Mexico, who has been here a year. “I would like to be here legally in the future, so these things are what I might have to do.” Another man among the group gathered outside a church here that serves as a hiring site for day laborers overheard Mr. Ramírez and approached with disdain. “It’s almost impossible to bring your family,” he said, rattling off information he had gleaned from a Spanish- language newspaper. “You have to go back first, and what are you going to do in Mexico while you are there and there is no work? I’ve been here 20 years and I still work and support my family, so why would I do any of these things?” The compromise bill has offered a glimmer of hope to illegal immigrants here, 60 miles from the border, and elsewhere. But they and others, through news reports, advocates and lawyers, are just now learning the fine print. Advocacy groups here said they would lobby lawmakers to reject the bill, saying it would place onerous restrictions on illegal workers who want to win legal status and also hurt efforts to unify immigrant families. “This is an unprecedented shift from family unity being the cornerstone of our immigration policy,” said Isabel Garcia, a lawyer and a chairwoman of Derechos Humanos, an advocacy group here. Ms. Garcia also objected to what she called “insurmountable” obstacles in the bill. The compromise Senate bill proposes an initiative to give legal status to an estimated 12 million illegal immigrants. It also portends a major shift in the priorities and values of American immigration for the future. It would gradually change a system based primarily on family ties, in place since 1965, into one that favors high-skilled and highly educated workers who want to become permanent residents. In the future, low-skilled workers like the men waiting for work here would largely be channeled to a vast new temporary program, where they would be allowed to work in the United States for three stints of two years each, broken up by one-year stays in their homeland. “This is a different architecture,” said Doris Meissner, a senior fellow at the Migration Policy Institute, a nonpartisan research group in Washington, and commissioner of the Immigration and Naturalization Service from 1993 to 2000. Illegal workers already here would gain a provisional legal status, known as a Z visa, fairly quickly. But to become permanent residents they would have to pay the big fines and get in an eight-year line behind others who have already applied legally for green cards, as permanent resident visas are known. Still, despite the outcry from immigrant advocates, a reading of the details of the legislation suggests important benefits for relatives of legal immigrants and naturalized American citizens who have been waiting for green cards for as long as 22 years in some cases. A first step is to eliminate, within eight years, the backlog of 4 million people who have applied to come legally to the United States, allotting 440,000 visas a year for that purpose, according to summaries provided by the Department of Homeland Security and the office of Senator Edward M. Kennedy, the Massachusetts Democrat who was a chief author of the bill. “We are adding to our family-based system, we are not substituting merit for family,” said Laura Capps, a spokeswoman for Mr. Kennedy. After the backlog is cleared, a slowly increasing number of permanent visas would be approved through a merit system, based on points granted for English language proficiency (an acute hurdle for the men waiting for work here, as none spoke English), level of education and job skills, among other factors. Siblings and adult children of legal immigrants will no longer be able to apply for visas, and visas for parents of United States citizens will be limited to 40,000 a year. In his weekly radio address on Saturday, President Bush said that the measure “will improve security at our borders. It will give employers new tools to verify the employment status of workers and hold businesses to account for those they hire.” Mr. Bush added, “The legislation will clear the backlog of family members who’ve applied to come to our country lawfully, and have been waiting patiently in line. This legislation will end chain migration by limiting the relatives who can automatically receive green cards to spouses and minor children. And this legislation will transform our immigration system so that future immigration decisions are focused on admitting immigrants who have the skills, education, and English proficiency that will help America compete in a global economy.” The immigration debate has long stirred politics, sometimes dividing members of the same party and forcing lawmakers to reconsider positions. This bill is no different. Last year, as he sought re-election, Senator Jon Kyl of Arizona, a Republican, was critical of giving illegal immigrants legal status. But this week Mr. Kyl stood with John McCain, Arizona’s senior senator and a candidate for the Republican presidential nomination, as the compromise was announced, saying ideological sacrifices had to be made. The proposal, though, divided the two Democratic members of Congress from here in southern Arizona, Gabrielle Giffords and Raúl M. Grijalva. Ms. Giffords called it a positive step while Mr. Grijalva, whose father was a migrant farm worker, told The Arizona Daily Star it was “tentative and unfinished.” In south Tucson, outside the Southside Presbyterian Church, where immigrants — mostly men — have gathered for decades to find work, the immigration debate is also playing out as the men wait for jobs. There are people like Mr. Ramírez, who spent several years just over the border in Sonora before finally coming to Arizona for construction and other work. He has not seen his family, he said, for 10 years. Sipping from a bottle filled with ice as the day’s heat soared, Mr. Ramírez occasionally broke away when pickup trucks and other vehicles approached, joining others begging for a day’s work. The biggest obstacle, Mr. Ramírez said, would probably be paying the $5,000 in fines on the way to permanent legal status. He does not have health insurance now, which he would be required to provide for his family if he decided to return to Mexico and come back as a temporary worker. “I don’t know who sells that or what it costs,” he said. Still, all in all, “the important thing is saving. The fines are similar to what we pay polleros,” Mr. Ramírez said, using a Spanish slang term for the smugglers who guide people across the border. Teoforo Valdés, 32, nodded in agreement. He has lived in and around Tucson for 10 years and still makes occasional trips home to Sonora, evading the Border Patrol. But Mr. Valdés has grown tired of the journey, he said, and, at least upon first look at the proposal, sees reason for optimism. “Right now, we have nothing, no real way to legalize ourselves,” he said. “This government is giving us steps and so we have to think how we can take them.” As the morning wore on, the number of potential employers driving past grew thin. The workers began to disperse, though some stayed behind to use the bathroom and a shower at the church. Jesús Antonio Rodríguez, 49, who said he was a legal resident and acts as an informal adviser to the men, summed up the dilemma. “People do not believe it but we really do come to work,” Mr. Rodríguez said. “We are not delinquents here. We have to work. And we want to cooperate, but everything is always so hard here.” Randal C. Archibold reported from Tucson, and Julia Preston from New York. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 6) 226 Juvenile Inmates to Be Freed in Texas By THE ASSOCIATED PRESS May 20, 2007 http://www.nytimes.com/2007/05/20/us/20youth.html AUSTIN, Tex., May 19 (AP) — The agency that runs the state’s juvenile prison system said it would release 226 inmates after a review found their sentences were improperly extended. Advocates for Texas Youth Commission inmates and their families have complained that sentences are often extended inconsistently or in retaliation for filing grievances. Jay Kimbrough, who is heading an investigation into accusations of physical and sexual abuse at the agency’s facilities, formed a panel to review the records of nearly all inmates with extended sentences. The six-member panel, which included community advocates and prosecutors, reviewed the cases of 1,027 inmates whose sentences were extended. “For the youth we’re releasing, we did not find that the extensions were warranted,” an agency spokesman, Jim Hurley, said Friday. “The others will be reviewed on a regular basis.” Mr. Hurley said the 226 inmates would be released on parole as soon as guardians can pick them up or they can be transferred to an interim halfway house. The commission incarcerates about 4,700 offenders ages 10 to 21. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 7) 13-Year-Old Arrested In School For Writing On Desk Principal Urges Cops To Arrest Girl For Writing 'Okay' Apr 5, 2007 7:51 pm US/Eastern http://wcbstv.com/topstories/local_story_095170448.html (CBS) NEW YORK In this day and age where young students are frequently charged for serious school offenses such as possessing weapons, dealing drugs, or assaulting other students on school property, one Brooklyn teen's arrest may come as a surprise. A 13-year-old girl was handcuffed and placed under arrest in front of her classmates in Dyker Heights after she wrote "Okay" on her desk. The "suspect," Chelsea Fraser, says she's sorry for scribbling the word on her desk, but both she and her mother are shocked at the punishment. "I'm appalled, because here we have rapists, murderers, and you're taking a 13-year-old kid? Wasting valuable manpower to arrest a child who wrote on a desk?" Fraser's mother Diana Silva told CBS 2. Police confirm that that's exactly what's written on her arrest record and for the crime, she's been charged with criminal mischief and the making of graffiti. Fraser says the day she marked her desk, she was wrongly grouped together with troublemakers who had plastered stickers all over the classroom. Fraser was arrested at the Dyker Heights Intermediate School on March 30 along with three other male students. She says she was made to empty her pockets and take off her belt. Then she was handcuffed and led out of the school in front of her classmates and placed in the back of a police car. "It was really embarrassing because some of the kids, they talk, and they're going to label me as a bad kid. But I'm really not," Fraser said. "I didn't know writing 'Okay' would get me arrested." "All the kids were ... watching these three boys and my daughter being marched out with four -- they had four police officers -- walking them out, handcuffed," Silva said. "She goes to me, 'Mommy, these hurt!'" The students were taken to the 68th Precinct station house where Silva says they were separated for three hours. "MY child is 13-years-old -- doesn't it stand that I'm supposed to be present for any questioning?" Silva said. "I'm watching my daughter, she's handcuffed to the pole. I ask the officer has she been there the entire time? She says, 'Yes.'" On her report card, under conduct, Fraser has earned all "satisfactory" marks and one "excellent" mark. "My daughter just wrote something on a desk. I would have her scrub it with Soft Scrub on a Saturday morning when she should be out playing, and maybe a day of in-house and a formal apology to the principal," Silva said. CBS 2 contacted both the NYPD and the Board of Education for a response. The police say the arrests followed a request by the school's principal. The Board of Education said the matter is under investigation, adding that graffiti was found on several desks. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 8) Jamestown: The Lessons of Indians and Empire By Mumia Abu-Jamal May 3, 2007 prisonradio.org It was a bright spring day, May 14th, 1607, when one hundred and eight men and boys from England went ashore in an area that we now call Virginia. Before a generation could pass, the indigenous people would be all but destroyed. They would become the sad reflection of the English missions of civilization and Christianizing. Having failed in this dubious experiment, the soˆcalled Indians would be reduced to beggars in the land of their fathers. Jamestown. During this month, and throughout the year, we may be hearing of memorials or even celebrations of the English settlement. We‚re taught about the great English leader, Captain John Smith, and the struggle of an Indian's chief's daughter, Pocahontas, to save his life. Her plea for the man's life is as central to America's founding mythology as the fantastic wolf-fed children of Romulus and Remus was to Rome. When most Americans think of America's founding families, they think more often of Plymouth, Massachusetts, than of Virginia. England's settlers landed in Virginia thirteen years before settlers arrived in New England. When local Indians resolved to let the English starve rather than endure their harsh treatments, Smith chose to attack and take what he wanted from his neighbors. As one recorder noted, "seeing by trade and courtesy there was nothing to be had, he, Smith, made bold to try such conclusions as necessity enforced, though contrary to his commission, let fly his musket, ran his boat on shore, whereat they all fled into the woods." Englishmen were poor farmers, and further, many felt such work beneath them, so they either bartered foodstuffs from the Indians, stole it, or forced them to work for them. How many of us know that the first cross-cultural slavery in the Americas was of Indians, not Africans. The Dominican friar Bartolomé de las Casas, who accompanied Columbus on the voyage from Spain, wrote home to request permission to exploit Africans as slaves because the Indians were dying too quickly. Jamestown was four hundred years ago, yet it set a pattern of conquest, destruction, and self-deception that continues down to this very day. The history that began with Indians did not end with them. The successful conquest of Indians led inexorably to the conquest of a third of Mexico, and seizure of their lands. It led to the Monroe Doctrine, looking at the nearest continent as this nation's "backyard." Jamestown. Four hundred years. Yes, let us celebrate and commemorate conquest, death and genocide. There's something to be learned in this. But I doubt it's the lesson we think it is. From Death Row, this is Mumia Abu-Jamal. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 9) Congress: Your Money and Your Life By Mumia Abu-Jamal May 8, 2007 prisonradio.org With congressional passage of the administration’s supplemental money bill, the president threatens a veto because of his aversion to timetables. But whether he vetoes it or not, the die is cast. More money for war, a war that never should have been waged in the first place. When news broke of the congressional passage, I thought not of Congress but of a robber, like the ones of old time movies who snarled, “Your money or your life.” Congress goes one better, for it’s your money and your life. For while bowing to the false political imagery of supporting the troops, congress has socked more U.S. billions into a losing proposition to prop up a doddering regime in Baghdad. The troops trope is a political maneuver meant to evade the charge that the democratically controlled Congress is soft on defense and betrayed the military in the midst of war. Instead of recognizing the handwriting on the wall, imperial hubris of left and right feeds the illusion that more money can save Iraq. Only Iraqis can save Iraq. What we are witnessing are simply the limits of U.S. imperial power. When Rome reached the limits of its stretch, Emperor Hadrian ordered the building of a wall across Britain's colonial areas. The U.S. has ordered the building of walls throughout Baghdad, to further divide an already divided city. Echoes of empire, echoes of history. Vietnam was waged years after it was abundantly clear that peace was inevitable. In that interim, tens of thousands of Americans and hundreds of thousands of Vietnamese, perished in a maelstrom of madness to save the faces of presidents. A generation later, although the scope is different, the dismal reality is the same. More war, more needless death. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 10) "Sicko" "Michael Moore's scathing, important look at the U.S. healthcare system has plenty to rile the far right -- and a lot more to enrage the larger American public." By Andrew O'Hehir May 20, 2007 http://www.salon.com/ent/movies/review/2007/05/20/cannes_4/ May. 20, 2007 | "I know the storm awaits me back in the United States," Michael Moore told a wall-to-wall throng of reporters here after the Saturday morning press premiere of his new film, "Sicko." Then he heaved a deep breath and added, "But this is just so pleasant." It was indeed another gorgeous, summery morning on the French Riviera, but the real heat was indoors. There wasn't a single empty seat inside the Grand Théâtre Lumière -- which holds more than 2,000 people -- for "Sicko," and dozens of stragglers were locked out on the sidewalk. Moore's screed against the outrageous state of American healthcare was received with uproarious affection, but one might argue that Cannes provided the softest possible crowd. An American left-wing populist, attacking America's profit-motive, private-sector ideology before a roomful of international intellectuals, at least half of them Europeans. May I introduce a new phrase into the Franglais dictionary? C'était un slam-dunk. "Sicko" does not display Moore at his most cinematically inventive or imaginative. It presents a TV-documentary-style parade of episodes, characters and settings, bouncing from various American cities to Canada, Britain, France and Cuba (and yes, don't worry, we'll get to that). Moore plays a far smaller personal role in this film, appearing only occasionally in his comic-relief role as the clueless buffoon who can't seem to grasp that healthcare in all those other countries is free, or virtually so. When he's eating dinner with a group of Americans living in Paris who begin to list all the things they can have as free or nearly free entitlements -- not just healthcare but an emergency doctor who makes house calls; not just childcare but a part-time in-home nanny -- Moore puts his hands over his ears and begins singing "La la la la la." (If you have kids or any kind of chronic family health problems, your reactions might include weeping in despair, slitting your wrists or booking a one-way ticket.) Still, there is no mistaking the passion and political intelligence at work in "Sicko." It's both a more finely calibrated film and one with more far-reaching consequences than any he's made before. Moore is trying to rouse Americans to action on an issue most of us agree about, at least superficially. You may know people who will still defend the Iraq war (although they're less and less eager to talk about it). But who do you know who will defend the current method of healthcare delivery, administered by insurance companies whose central task is to minimize cost and maximize shareholder return? Americans of many different political stripes would probably share Moore's conclusions at the press conference: "It's wrong and it's immoral. We have to take the profit motive out of healthcare. It's as simple as that." "Sicko" purposefully does not focus on the 50 million or so Americans who don't have health insurance, as scandalous as that is, but on the horror stories of middle-class working folks who believed they were adequately covered. There are so many of these they begin to blur into each other: the woman in Los Angeles whose baby was denied treatment at an emergency room outside her HMO network, and died as it was being transferred hours later; the woman in Kansas City whose husband was repeatedly denied various drugs his physician prescribed for kidney cancer, and who in the last stage of life was denied a bone-marrow transplant that could have saved his life; the woman who was told her brain tumor was not a life-threatening illness, and died; the woman who was told her cancer must have been a preexisting condition, and died. One might respond that anecdotes like these have tremendous emotional power but little analytical rigor, but in this case I think we all know (and fear) that these worst-case outcomes exemplify the system perfectly. Moore interviews two healthcare whistle-blowers, both now plagued with guilt, who explain what should be obvious: The point of the system is to treat as few people as possible as cheaply as possible, and those who get ahead in the healthcare industry are those who find ever more devious ways to deny coverage. (For example, you can now be denied for certain preexisting conditions you didn't know about, on the premise that you should have known about them.) OK, let's get to the headlines: Yes, in the film Moore travels with a group of ill and injured 9/11 rescue workers (along with several other of his film's protagonists) to Cuba, where they receive free and apparently excellent medical treatment. It's unquestionably another button-pushing Michael Moore stunt, designed to provoke controversy. It's cheap but funny, dubious as evidence but affecting anyway. Moore does not even seem aware of the possibility that the Cubans were shrewd enough to see the propaganda value in this exercise, and put on a dog-and-pony show for his and our benefit. (For that matter, we don't know how much of the visit was planned in advance with Cuban authorities.) All that aside, within the context of the film and the argument Moore is building, Cuba makes as much sense as anywhere else. Moore begins his foreign odyssey in the film after meeting a 22-year- old Michigan woman who has moved across the Ontario border (not entirely on the up-and-up) because she's been denied treatment for cervical cancer. He wanders around emergency rooms in London, Ontario, and London, England (where he discovers that the cashier's window is for paying patients their travel expenses, not for settling the bill). He zips from one Parisian arrondissement to another with an on-call physician on the night shift. He dines with the aforementioned Americans abroad, who seem dazed and a little guilty about their escape from healthcare hell. Much of this is played as comedy; Moore corners a young Afro-British couple with a wiggling bundle in the hallway of a London hospital and says cheerfully, "So -- how much they charge you for that baby?" But Moore is trying to push us beyond the universally shared idea that something must be done to the slightly more controversial idea that something has been done, and that all we have to do is appropriate it. Americans have of course been conditioned for generations to believe that socialized medicine is first of all a disaster in its own terms, and secondly, the pathway to totalitarianism. His portrayal of the Canadian, British and French systems is undoubtedly simplistic , and several Canadian reporters took that up with him at the press conference -- although all of them admitted they wouldn't trade their system for ours. But Moore's overall point is, I think, inarguable: Flawed as they may be, those systems are a hell of a lot more humane and civilized than anything we've got. (Life expectancy is significantly higher, and infant mortality lower, in all of those countries than the United States. Whatever outdated stereotypes you may hold, these days poor people in Britain are statistically healthier than rich people in America.) Addressing a series of questions from foreign reporters at the press conference, Moore said: "We should do what we always do as Americans, steal the best things you're doing and make them our own. The Canadians do certain things very well. The Brits do certain things very well. The French have the best system in the world, and that's not my opinion. That's how the World Health Organization rates them. None of them is perfect, but it's not my role to make criticisms. It's my role as an American to say, why don't we take the best elements you're doing and blend them together, and call it the American system?" Moore decided to go to Cuba, as he explains in the film, after learning the peculiar irony that detainees at Guantánamo Bay are entitled to something American citizens are not: free healthcare. In a brief and awkward scene, he tries to bring a fishing boat with his 9/11 refugees aboard into U.S. waters just off the naval base. They are refused entry (Moore is evasive about the details) and then seek treatment at the best hospital in Havana. "The point of this was not to go to Cuba," Moore said at the press conference. "The point was to go to Guantánamo Bay, to get the 9/11 workers the same medical care we're giving to members of al-Qaida." If the detainees had been at a U.S. base in Spain or Italy or Australia -- all countries with universal healthcare -- he'd have taken his 9/11 workers there instead. In fact, when Moore drops the jokes and political attitudinizing during the Cuba sequence, the pathos of the story makes his point for him: A poor Caribbean island, whatever its ideology, can afford healthcare for everyone while we do not. The only possible conclusion is that our society has chosen not to. When asked about his potential prosecution for violating U.S. Treasury sanctions against trade with or travel to Cuba, Moore was uncharacteristically sober. "I know a lot of you have written things like, 'How dumb are they?'" he said, "but I don't take this lightly. The Bush administration may try to claim that my footage was obtained illegally. We haven't discussed this possibility yet, but actions could be taken to prevent this film from opening on June 29. I know that sounds crazy to the Americans in the room. I guess it is crazy." When Americans do get to see "Sicko," Moore says, "They will understand that this was about helping 9/11 rescue workers who've been abandoned by the government. They're not going to focus on Cuba or Fidel Castro or any other nonsense coming out of the Bush White House. They're going to say: 'You're telling me that al-Qaida prisoners get better medical treatment than the people who tried to recover bodies from the wreckage at ground zero?'" When Moore interviews Tony Benn, a leading figure on the British left, his larger concerns come into focus. Benn argues that for- profit healthcare and the other instruments of the corporate state, like student loans and bottomless credit-card debt, perform a crucial function for that state. They undermine democracy by creating a docile and hardworking population that is addicted to constant debt and an essentially unsustainable lifestyle, that literally cannot afford to quit jobs or take time off, that is more interested in maintaining high incomes than in social or political change. Moore seizes on this insight and makes it a kind of central theme; both in the film and aloud, at the press conference, he wondered whether some essential and unrecognized change has occurred in the American character. "I hope this film engenders discussion, not just about healthcare, but about why we are the way we are these days," Moore told us. "Where is our soul? Why would we allow 50 million Americans, 9 million of them children, not to have health insurance? Maybe my role as a filmmaker is to go down a road we might be afraid to go down, because it might lead to a dark place." Moore's last revelation in "Sicko" is sure to be endlessly debated in the right-wing blogosphere that is so obsessed with him (and may be of little interest to ordinary viewers). Some time ago, Jim Kenefick, proprietor of the especially bilious anti-Moore site Moorewatch, almost shut down his site to focus on his wife's worsening illness and escalating healthcare costs. An anonymous donor then sent him $12,000 to cover his wife's bills and keep the site running. (She has apparently recovered.) Now that donor has been revealed and, as Kenefick now says he suspected all along, it turns out to be Michael Moore. "I want him to know that it was done with all the best intentions," said Moore, adding that he planned to phone Kenefick personally after the press conference. (According to Kenefick's blog, Moore left him a voice-mail message later on Saturday.) "I went back and forth about whether to use that material," Moore went on. "I asked myself, would you be doing this if it weren't in the film? I decided that I would, and I should, and that that's the way I think we should live." Moore says he began exercising and lost 25 pounds while working on his healthcare film; "I'm actually a fairly skinny person for the Midwest," he quipped. He says he's tried to maintain a lower public profile since "Fahrenheit 9/11" and would like Kenefick and his many other critics to cut him some slack. "You know, I begin to hope that as I enter the discourse with this film, I might get some kind of a break. As far as the accuracy of my movies goes, I think the record speaks for itself. Maybe people will say: He warned us about General Motors, he warned us about school shootings and he warned us about Bush." *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 11) Fatah Troops Enter Gaza With Israeli Assent "Hundreds Were Trained in Egypt Under U.S.-Backed Program to Counter Hamas" Washington Post Foreign Service May 18, 2007; A01 http://snipurl.com/1l3pa JERUSALEM, May 17 -- Israel this week allowed the Palestinian party Fatah to bring into the Gaza Strip as many as 500 fresh troops trained under a U.S.-coordinated program to counter Hamas, the radical Islamic movement that won Palestinian parliamentary elections last year. Fighting between Hamas and Fatah has left about 45 Palestinians dead since Sunday. The forces belong to units loyal to the elected Palestinian Authority president, Mahmoud Abbas, a moderate Fatah leader whom the Bush administration and Israel have sought to strengthen militarily and politically. A spokeswoman for the European Union Border Assistance Mission at Rafah, where the fighters crossed into Gaza from Egypt, said their entry Tuesday was approved by Israel. The troops' deployment illustrates the increasingly partisan role that Israel and the Bush administration are taking in the volatile Palestinian political situation. The effort to fortify the armed opposition to Hamas, which the United States and Israel categorize as a terrorist organization, follows attempts to isolate the radical Islamic movement internationally and cut off its sources of financial aid. Israel on Thursday also carried out a series of airstrikes against Hamas targets across Gaza, killing at least six gunmen. [Additional airstrikes early Friday killed four people, doctors in Gaza told the Associated Press.] Fatah, the movement formerly led by Yasser Arafat, has recognized Israel, in contrast to Hamas, whose charter calls for the creation of a future Islamic state across territory that now includes the Jewish state. The two Palestinian parties -- one secular, one Islamic -- have been fighting for control of various security services and, by extension, political power and patronage since Hamas won democratic elections in January 2006. Hamas's militant brand of Islam has given it dominant political standing in impoverished Gaza, where many of its leaders were born or arrived as refugees, while Fatah remains strong in the wealthier and more secular West Bank. The Bush administration recently approved $40 million to train the Palestinian Presidential Guard, a force of about 4,000 troops under Abbas's direct control, but both Israel and the United States, each deeply unpopular among Arabs in the region, have been trying to avoid the perception of taking sides in a conflict that this week in Gaza has resembled a nascent civil war. Many within Fatah are avowed opponents of Israel, and any alliance with the Jewish state against the militant movement could damage Fatah's standing among Palestinians. "We're not the ones giving these forces operational orders. That will be up to Abbas," said Ephraim Sneh, Israel's deputy defense minister, asserting that Hamas's arms smuggling from the Sinai and military training in Iran have given the movement a battlefield advantage. "The idea is to change the balance, which has been in favor of Hamas and against Fatah. With these well-trained forces, it will help right that imbalance." As Palestinian rocket fire into Israel continued Thursday, the Israeli air force conducted a series of strikes across Gaza, from which Israel withdrew in 2005 after a nearly four-decade presence. The airstrikes killed at least six Hamas gunmen that Israeli officials said were involved in rocket assaults on Israeli towns near Gaza. Among those killed was Imad Shabanah, a Hamas military leader who Hamas officials acknowledged had taken part in manufacturing rockets. His car was hit as it traveled through Gaza City. "All options for our response are open," said Fawzi Barhoum, a Hamas spokesman in Gaza. Some Hamas military leaders said specifically that "martyrdom operations," or suicide bombings, could be used in retaliation for the Israeli airstrikes. Israeli military officials said Palestinian gunmen fired at least 17 rockets Thursday from Gaza, bringing the three-day total to more than 80. At least seven fell Thursday in the border town of Sderot, wounding several Israelis and damaging a synagogue, a high school and a building inside an industrial park, military officials said. One Israeli woman was seriously wounded by rocket fire earlier this week, and dozens of others have suffered light to moderate injuries or have been treated for shock. A small number of Israeli tanks also pushed just inside northern Gaza, the first ground operation there this year, and an artillery battery took up position on the border. Israeli military officials called both deployments defensive measures. Israel has used shelling and limited ground operations in the past to stop Palestinian rocket fire. But the results have never been decisive against a weapon that is cheap, highly mobile and difficult to detect until it has been fired. The Israeli tactics have also resulted in many Palestinian civilian deaths. "Hamas has essentially gone back to what we always knew they were -- a terrorist organization acting as a government," said Miri Eisin, spokeswoman for Israeli Prime Minister Ehud Olmert. "What they are trying to do is drag Israel back into Gaza after we left every inch of it. We do not want to rule Gaza." The factional fighting cooled Thursday in the shadow of Israel's stepped-up military operations. But Fatah gunmen ambushed a Hamas funeral procession in Gaza, killing two men in the crowd. Israeli officials, speaking on condition of anonymity because they were not authorized to discuss the subject, said the decision to allow Fatah troops into Gaza this week was based on trying to help Abbas take control of northern Gaza. That area is the prime launching ground for the erratic if lethal rockets known as Qassams. "If you look at exit scenarios for what's going on there now, you could have a force loyal to Abbas in northern Gaza that could be highly useful to Israel," one Israeli official said. "But within the larger crisis you have to be careful. We don't want to be a part of this conflict, so this is a balancing act." The troops were trained by Egyptian authorities under a program coordinated by Lt. Gen. Keith W. Dayton, a special U.S. envoy to the region who has been working to improve security in Gaza and the West Bank in order to foster Israeli-Palestinian economic alliances in the short term and peace prospects over time. A State Department official, speaking on condition of anonymity, said Dayton had not yet begun his phase of training Fatah forces because the funding was only recently approved. He said none of the troops who arrived in Gaza this week were trained with U.S. funds. Although it is under Abbas's authority, the Presidential Guard is run by Mohammed Dahlan, a Fatah lawmaker who has worked closely with several U.S. administrations. Abbas named Dahlan his national security adviser after Hamas and Fatah agreed in February to establish a power-sharing government. The appointment infuriated Hamas leaders, who despise Dahlan for the crackdown he carried out against them as head of the Preventive Security branch following the 1993 Oslo accords. Hamas opposed the agreement, which created the Palestinian Authority. "This is a complex situation, and we clearly hear Abbas say he wants to stop terrorism," a second Israeli official said. "But he has not been able to extend his authority over all of Gaza." Israeli officials said the forces, whom one Israeli Defense Ministry official called "Dayton's guys," were trained in Egypt and numbered between 400 and 500 men. Although Israel handed the Rafah crossing over to Palestinian and Egyptian control after evacuating Gaza, it maintains the ability to deny entry to anyone it does not want to pass through the terminal. It frequently employs this prerogative to prevent known members of armed Palestinian groups from entering the strip. Maria Telleria, spokeswoman for the E.U. Border Assistance Mission deployed at Rafah as part of the turnover agreement, said the men arrived in several buses. "We had been informed they were arriving," Telleria said. "But this was coordinated between Israel and the Palestinian government. All we did was monitor the crossing." *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 12) Union Cuts Help Delphi As Salaried Cuts Lag by David Barkholz/The Automotive News http://futureoftheunion.com/?p=4549 Massive U.S. labor cuts are starting to benefit Delphi Corp.'s bottom line, with the bulk of salaried cuts still to come. Delphi, which is trying to emerge from Chapter 11 reorganization, narrowed its U.S. operating loss to just $11 million in March. In the first quarter, Delphi's global net loss also narrowed to $300 million, excluding $233 million of one-time charges. In the year-earlier quarter, the net loss was $363 million. A group of private equity firms led by Appaloosa Management LP is insisting on lower labor costs before completing a tentative deal to buy Delphi for up to $3.4 billion. Delphi hourly workers are noting the improvement as well. UAW dissident Gregg Shotwell questions why union workers should make additional concessions demanded by Delphi when the supplier's hourly work force has been cut by nearly 40 percent since the Chapter 11 filing in October 2005. "All of the sacrifices are being made on one end," said Shotwell, a leader of the dissident group Soldiers of Solidarity. He is a former Delphi employee who transferred to General Motors. Work force restructuring Plant closings and a GM-financed early retirement program cut Delphi's unionized U.S. work force from 33,100 in December 2005 to 20,000 today. What's more, the new hires who replaced the 20,000 members who took a buyout or early retirement earn a starting wage of $14 an hour with minimal benefits, compared with $28 an hour with full benefits for veterans. The savings are substantial. In the first quarter alone, the Delphi Steering unit saved $28 million from having a lower-paid work force, the company revealed in its first-quarter financial filing this week. The unit represents just 10 percent of the $6.7 billion in Delphi sales posted in the first quarter. So the companywide savings would have been much greater in the quarter. Delphi spokeswoman Claudia Piccinin declined to provide total savings. Analyst Kirk Ludtke said Delphi's first-quarter results show "clear evidence of a turnaround in the company's financial performance." That is especially so in light of declining North American sales at GM, Delphi's largest customer, said Ludtke, who works for CRT Capital Group LLC in Stamford, Conn. Meanwhile, announced salaried cuts have been slow in coming. More than a year ago, Delphi said it was cutting 8,500 salaried jobs worldwide. But the company has reduced its salaried work force by just 1,000, to 36,500 -- or 2.7 percent. If an additional 7,500 salaried workers had been cut, Delphi would have saved an additional $562.5 million, assuming a $75,000 per person cost. Most of Delphi's U.S. salaried workers also have avoided the ax. While the hourly ranks have fallen 39.6 percent, or 13,100, since the Chapter 11 filing, Delphi's U.S. salaried work force has dipped to 13,000 from 14,500, or 10.3 percent. Equality of sacrifice? Shotwell said Delphi's U.S. operations might have been profitable if the company had made salaried staff cuts that were equivalent to the sacrifices made by the union. "How do you justify keeping such a high proportion of salaried employees to hourly workers?" Shotwell asked. "You have more than one salaried worker in the U.S. for every two hourly workers. That's an awfully top-heavy organization." Delphi's Piccinin said the company has thinned and added to the salaried ranks based on the skills required. The prospective buyers of Delphi want more wage and benefit cuts. A Delphi proposal to the UAW in late March asked for wages $1 an hour lower than the $14 starting wage. It also sought to slow raises over the course of a supplemental UAW contract with Delphi that expires in 2011. UAW President Ron Gettelfinger vehemently rejected the contract bid and threatened to strike Delphi if the company tries to void current labor contracts through the U.S. Bankruptcy Court in New York. The UAW is preparing a counteroffer for Delphi later this month. Delphi wants to emerge from Chapter 11 this year, but a deal requires a new labor contract for the potential buyers. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 13) Fear of Eating By PAUL KRUGMAN Op-Ed Columnist May 21, 2007 http://select.nytimes.com/2007/05/21/opinion/21krugman.html?hp Yesterday I did something risky: I ate a salad. These are anxious days at the lunch table. For all you know, there may be E. coli on your spinach, salmonella in your peanut butter and melamine in your pet’s food and, because it was in the feed, in your chicken sandwich. Who’s responsible for the new fear of eating? Some blame globalization; some blame food-producing corporations; some blame the Bush administration. But I blame Milton Friedman. Now, those who blame globalization do have a point. U.S. officials can’t inspect overseas food-processing plants without the permission of foreign governments — and since the Food and Drug Administration has limited funds and manpower, it can inspect only a small percentage of imports. This leaves American consumers effectively dependent on the quality of foreign food-safety enforcement. And that’s not a healthy place to be, especially when it comes to imports from China, where the state of food safety is roughly what it was in this country before the Progressive movement. The Washington Post, reviewing F.D.A. documents, found that last month the agency detained shipments from China that included dried apples treated with carcinogenic chemicals and seafood “coated with putrefying bacteria.” You can be sure that a lot of similarly unsafe and disgusting food ends up in American stomachs. Those who blame corporations also have a point. In 2005, the F.D.A. suspected that peanut butter produced by ConAgra, which sells the product under multiple brand names, might be contaminated with salmonella. According to The New York Times, “when agency inspectors went to the plant that made the peanut butter, the company acknowledged it had destroyed some product but declined to say why,” and refused to let the inspectors examine its records without a written authorization. According to the company, the agency never followed through. This brings us to our third villain, the Bush administration. Without question, America’s food safety system has degenerated over the past six years. We don’t know how many times concerns raised by F.D.A. employees were ignored or soft-pedaled by their superiors. What we do know is that since 2001 the F.D.A. has introduced no significant new food safety regulations except those mandated by Congress. This isn’t simply a matter of caving in to industry pressure. The Bush administration won’t issue food safety regulations even when the private sector wants them. The president of the United Fresh Produce Association says that the industry’s problems “can’t be solved without strong mandatory federal regulations”: without such regulations, scrupulous growers and processors risk being undercut by competitors more willing to cut corners on food safety. Yet the administration refuses to do more than issue nonbinding guidelines. Why would the administration refuse to regulate an industry that actually wants to be regulated? Officials may fear that they would create a precedent for public-interest regulation of other industries. But they are also influenced by an ideology that says business should never be regulated, no matter what. The economic case for having the government enforce rules on food safety seems overwhelming. Consumers have no way of knowing whether the food they eat is contaminated, and in this case what you don’t know can hurt or even kill you. But there are some people who refuse to accept that case, because it’s ideologically inconvenient. That’s why I blame the food safety crisis on Milton Friedman, who called for the abolition of both the food and the drug sides of the F.D.A. What would protect the public from dangerous or ineffective drugs? “It’s in the self-interest of pharmaceutical companies not to have these bad things,” he insisted in a 1999 interview. He would presumably have applied the same logic to food safety (as he did to airline safety): regardless of circumstances, you can always trust the private sector to police itself. O.K., I’m not saying that Mr. Friedman directly caused tainted spinach and poisonous peanut butter. But he did help to make our food less safe, by legitimizing what the historian Rick Perlstein calls “E. coli conservatives”: ideologues who won’t accept even the most compelling case for government regulation. Earlier this month the administration named, you guessed it, a “food safety czar.” But the food safety crisis isn’t caused by the arrangement of the boxes on the organization chart. It’s caused by the dominance within our government of a literally sickening ideology. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 14) Will Gentrification Spoil the Birthplace of Hip-Hop? By DAVID GONZALEZ May 21, 2007 http://www.nytimes.com/2007/05/21/nyregion/21citywide.html?ref=nyregion Hip-hop was born in the west Bronx. Not the South Bronx, not Harlem and most definitely not Queens. Just ask anybody at 1520 Sedgwick Avenue — an otherwise unremarkable high-rise just north of the Cross Bronx and hard along the Major Deegan. “This is where it came from,” said Clive Campbell, pointing to the building’s first-floor community room. “This is it. The culture started here and went around the world. But this is where it came from. Not anyplace else.” O.K., Mr. Campbell is not just anybody — he is the alpha D.J. of hip-hop. As D.J. Kool Herc, he presided over the turntables at parties in that community room in 1973 that spilled into nearby parks before turning into a global assault. Playing snippets of the choicest beats from James Brown, Jimmy Castor, Babe Ruth and anything else that piqued his considerable musical curiosity, he provided the soundtrack savored by loose-limbed b-boys (a term he takes credit for creating, too). Mr. Campbell thinks the building should be declared a landmark in recognition of its role in American popular culture. Its residents agree, but for more practical reasons. They want to have the building placed on the National Register of Historic Places so that it might be protected from any change that would affect its character — in this case, a building for poor and working-class families. Throughout the city, housing advocates said, buildings like 1520 Sedgwick are becoming harder to find as owners opt out of subsidy programs so they can eventually charge higher rents on the open market. The Sedgwick building is part of the state’s Mitchell-Lama program, in which private landlords who receive tax breaks and subsidized mortgages agree to limit their return on equity and rent to people who meet modest income limits. The contracts allow owners to leave the program and prepay their mortgage loan after 20 years. Rent regulations can protect tenants from increases, but not always. While Mitchell-Lama buildings in parts of Manhattan, like the Lower East Side, were among the first to leave the program, housing experts say that the trend has spread far beyond, from the Rockaways to the west Bronx. Tom Waters, a housing policy analyst at the Community Service Society of New York, said there are about 40,000 Mitchell-Lama units in the city, down from 66,000 in 1990. The rate of buildings leaving the program has accelerated since 2001, he said, as landlords find they can do better on the open market. Labor groups and housing advocates have called for safeguards on moderate-income housing, which they said was essential for the city’s economic health. While the groups have lauded Mayor Michael R. Bloomberg for his commitment to building such housing, they said the State Legislature should address policies that affect the city’s housing market. “There is no single solution,” said Ed Ott, executive director of the New York City Central Labor Council. “Preservation of currently affordable housing is something we need to look at. Working people are going to have no place to go.” In February, tenants of the Sedgwick Avenue building, which has 100 units, were told that the owners planned to leave the Mitchell-Lama program. The building’s owners did not respond to several requests for comment for this article. Steven Spinola, president of the Real Estate Board of New York, said landlords were entitled by contract to opt out after a set period. He said that if there were concerns about keeping the buildings in the program, the government should consider better incentives. “Contracts should still mean something,” Mr. Spinola said. “Affordable housing is clearly a problem in the city. I do not believe the social concerns for citizens of the city of New York should fall on the backs of one particular owner when it is a citywide problem.” The problem has been widespread enough to keep Dina Levy of the Urban Homesteading Assistance Board looking for new strategies to slow it down. The group, a nonprofit housing advocacy organization, is advising the Sedgwick tenants. “The market is so out of control in every corner of every borough,” said Ms. Levy, director of organizing and policy for the group. “We have run out of land, so anywhere in the boroughs can be the next hot real estate market. That’s why we’re scrambling to find preservation opportunities to keep them affordable.” That usually involves seeing if there are mortgage requirements or land covenants that mandate the property be used for moderate-income housing, she said. But when tenants of 1520 Sedgwick came to her group in February, organizers stumbled on an interesting fact when they searched for the address online. “The first hundred hits said ‘birthplace of hip-hop,’ ” said Dan DeSloover, an organizer for the group. “Kool Herc had lived there. That was a great coincidence to have this building be part of that history.” The idea to have the building declared a landmark as a way of keeping it affordable for moderate-income families developed slowly, as organizers discussed it with tenants and elected officials’ staff members. Preservationists doubted it would stop the building’s owners from leaving the subsidy program, since the landmark distinction would apply to the structure and not necessarily its use. And there is another obstacle: to be eligible for the National Register, a building normally has to be at least 50 years old. The Sedgwick building falls short of that by 12 years. Exceptions are made for extraordinary cultural significance. “It is complicated when you try to preserve some other feature of a building besides its architecture,” said Lisa Kersavage, a preservationist at the Municipal Art Society of New York. “But this is a very important cultural touchstone for New York, and awareness should be raised.” Cindy Campbell, who promoted the first party where her brother spun the tunes, is intent on doing at least that. She hopes that by highlighting the history of the building, where her family lived for nine years, she might be able to enlist big- name rappers to Mayor Bloomberg in her campaign to help the tenants. She still recalls the first party — on Aug. 11, 1973, she says — which she dreamed up as a way for her to get some extra money for back-to-school clothes. “I didn’t want to go to Fordham Road to buy clothes because you’d go to school and see everybody with the same thing on,” she said. “I wanted to go to Delancey Street and get something unusual.” Her brother wound up giving the neighborhood something unusual, too, inside the packed and sweaty community room. Drawing on his wide-ranging musical tastes, he combined sounds and in time those sounds were combined in new ways as he extended the beats to the delight of the dancers. “It wasn’t a black thing, it was a we thing,” said Mr. Campbell, now 52. “We played everything. Gary Glitter? We rocked that. We schooled people about music.” Since leaving 1520 Sedgwick, Mr. Campbell has moved to Long Island and has continued spinning tunes. (On Sunday, he was the D.J. for the city’s first Dance Parade, which traveled from Midtown to Lower Manhattan.) Some old-timers rushed up to him last week when he and his sister visited the building. They told him — to his dismay — that the community room has been closed for renovations since last year. “All of it came from here,” he said. “From this building. It should be respected.” Curtis Brown, who was a teenager living a few blocks away during Kool Herc’s heyday, agreed. Mr. Brown went from being a fan to becoming Grandmaster Caz of the Cold Crush Brothers, an early and influential rap group. “That place means everything,” he said. “You can look at it objectively and say it could have happened somewhere else. Maybe. But this is where it did happen.” To him it is already a landmark. “As far as government and what they consider important, who knows?” he said. “But for something that saturated the world culture, that went from one building to the world, I would want to hold on to the historical significance of that building.” Related: Mitchell-Lama Housing Program http://www.dhcr.state.ny.us/ohm/progs/mitchlam/ohmprgmi.htm *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 15) Honduran Diplomat Assails Police in Shooting of Unarmed Bronx Man By THOMAS J. LUECK and TANZINA VEGA May 21, 2007 http://www.nytimes.com/2007/05/21/nyregion/21shoot.html?ref=nyregion Appearing at a sidewalk memorial for an unarmed driver shot dead by an off-duty officer in the Bronx, the senior Honduran diplomat in New York criticized the police yesterday, saying, “We are not going to let this go by unnoticed.” “The police cannot shoot crazily or indiscriminately,” said Javier Hernández, the consul general, who said he had been living in New York for 19 years. “Before, there was courtesy, now there is intimidation, and I think it should be the other way around,” Mr. Hernández said. Like the driver, Fermin Arzu, many residents of the Longwood neighborhood, where the shooting occurred, are Honduran immigrants. The Police Department’s Internal Affairs Bureau continued its investigation yesterday into the death of Mr. Arzu, 41, on Friday night. The Bronx district attorney’s office was also reviewing the case. Mr. Arzu was shot by Officer Raphael Lora, 37, who had confronted Mr. Arzu after he crashed his minivan into another car near Officer Lora’s home near midnight. “The consul general can be assured there will be a complete investigation,” said the chief police spokesman, Paul J. Browne. “It is already under way.” The shooting comes during a difficult period for the police. Weeks of public protest were touched off on Nov. 25, when five officers shot 50 bullets into a car in Queens, killing its driver, Sean Bell, and wounding two of his friends. Two officers were indicted on manslaughter charges and one was charged with reckless endangerment. Relatives of Mr. Arzu, a building porter and musician, described him yesterday as a responsible, hard-working man who had never tangled with the police, and who was under the emotional stress of caring for his fiancée, a cancer patient. The fiancée, Thomasa Sabio, 46, said in an interview that less than five hours before he was shot, Mr. Arzu had driven her home to the apartment they shared on Westchester Avenue. Ms. Sabio had undergone a mastectomy, and had been discharged from Bronx-Lebanon Hospital Center. After helping her change clothes and making her comfortable in the apartment, she said, Mr. Arzu said he needed some air and left at 7:30 p.m. She never heard from him again. Relatives said they did not know where he went after that. “He was such a good man, he supported me through my illness,” she said, fighting back sobs in the public housing apartment she shared with Mr. Arzu and her 10-year-old son. “Now that he is not with me, I feel the pain eating from inside.” By late yesterday, reaction to the shooting had settled into familiar contours. Dozens of people stopped by a memorial of candles and plastic flowers yesterday underneath the elevated tracks at Westchester Avenue and Hewitt Place, where Mr. Arzu’s minivan crashed after he was shot. Kirsten Foy, a special assistant to the Rev. Al Sharpton, appeared there with a daughter of Mr. Arzu, Katherine Arzu, 20, and a woman who described herself as a family spokeswoman, at a news conference near the site of the shooting. “I have no words,” Ms. Arzu said. “The cop shot my father and he needs to pay for all of this.” Mr. Foy, while saying that he did “not have all the facts,” told reporters, “Mr. Arzu lost his life as a result of an impromptu, impetuous and in our estimation, unnecessary action by an off-duty police officer.” But the Patrolmen’s Benevolent Association, which has offered to provide legal representation for Officer Lora, cautioned yesterday against jumping to conclusions. “Law enforcement has a legal obligation to conduct a full and thorough investigation of the facts before coming to any conclusion,” its president, Patrick J. Lynch, said. Details of what happened when Officer Lora confronted Mr. Arzu remained unclear yesterday, and accounts varied among people who described themselves as witnesses. But the police said it started when Mr. Arzu drove his red Nissan Quest into a parked car on Hewitt Place around 11:40 p.m. Officer Lora, dressed in a hooded sweatshirt and jeans and armed with his handgun, ran from his home and confronted Mr. Arzu, who may have been trying to leave the scene of the accident. One witness said Officer Lora displayed his badge to others who gathered around the minivan, but not to Mr. Arzu; others said the badge was fully visible to all. Mr. Browne, the police spokesman, said yesterday that witnesses described Officer Lora standing by the driver’s side of the minivan, with the driver’s door open. The two men were then heard yelling at each other, and Officer Lora fired his first shot after the minivan lurched forward, witnesses said. The police said Officer Lora fired his 9-millimeter Glock handgun five times, and the medical examiner ruled on Saturday that Mr. Arzu was killed by a single shot to his heart and a lung. The police said four bullets from Officer Lora’s gun were found lodged in the vehicle’s door frame, rear back panel and a panel over a taillight. The minivan kept going for two blocks, eventually slamming into a church and bursting into flames. No one answered a knock at Officer Lora’s door yesterday afternoon. According to a person close to the investigation and familiar with Officer Lora’s account, the officer said he saw Mr. Arzu reaching for the glove compartment. But no weapon was found in the car. As is standard procedure in such cases, Officer Lora’s gun was taken away and he was placed on “nonenforcement” duty. Mr. Browne said yesterday that no one in the department had interviewed Officer Lora because the police had to wait for the district attorney to decide whether to present the case to a grand jury. Stephen Reed, a spokesman for the district attorney, declined to comment on the case. *---------*---------*---------*---------*---------*---------* *---------*---------*---------*---------*---------*---------* 16) Buyout to Form Big Company to Train and Treat Prisoners By KEN BELSON May 21, 2007 http://www.nytimes.com/2007/05/21/nyregion/21prison.html A company based in New Jersey that provides training and treatment programs to prison inmates is announcing today that it has bought a similar Massachusetts company, creating one of the largest correctional services companies in the country. The two companies — Community Education Centers of Roseland, N.J., and CiviGenics of Marlborough, Mass. — are trying to capitalize on the growing number of inmates and tight financing for new prisons that have led federal, state and local governments to contract out more of their operations to private businesses. States have also addressed the shortage of prison space by trying to reduce recidivism with more training and treatment programs for inmates. About 70 percent of those released from prison return within three years, according to some studies. “There’s a tremendous focus on the re-entry of inmates,” said John J. Clancy, chief executive of Community Education Centers. “If people are going to continue to get out of prison, the question is how they get out.” The two privately held companies, which together are expected to employ about 3,500 people in 22 states and have close to $240 million in revenue next year, did not disclose the financial terms of the agreement. However, people with knowledge of the transaction said Community Education Centers paid more than $100 million for CiviGenics. Currently, Community Education specializes in operating halfway houses for prisoners awaiting release, whether it is in helping them find jobs or overcoming substance abuse and other hurdles. CiviGenics focuses on providing substance abuse treatment to inmates and managing prisons on behalf of county governments, one of the most profitable segments of the industry. In announcing the sale, Mr. Clancy said that by combining their two specialties, the companies would be better positioned to win contracts and expand operations. The combined companies will, however, remain far smaller than the industry’s three largest companies, which are publicly held — Corrections Corporation of America, the GEO Group and Cornell Companies. Community Education Centers has six assessment and treatment centers in New Jersey, including three in Newark, which house up to 2,700 residents, or about half of its capacity nationally. New Jersey does more than most states to train inmates before their release. The state spent $61.5 million last year on residential community release programs, for which Community Education Centers is the largest contractor. Inmates leave with a “discharge plan” that includes the addresses of doctors and clinics near their homes, information on where to get Social Security cards and social services, as well as other necessary information, according to Deirdre Fedkenheuer, a spokeswoman for the New Jersey Department of Corrections. Inmates also go through a 12-week re-entry program before they are released. While the amount spent on these programs in New Jersey is only about 6 percent of the budget of its Department o | |