Steff

http://news.yahoo.com/s/ap/sex_injury_lawsuit Court Rules Woman Not Liable in Sex Suit By MICHAEL KUNZELMAN, Associated Press Writer Tue May 17, 6:21 PM ET BOSTON - A woman isn't legally responsible for injuries her boyfriend suffered while they were having consensual sex more than a decade ago, a state appeals court ruled Monday. The man, identified only as John Doe in court papers, filed suit against the woman in 1997, claiming she was negligent when she suddenly changed positions, landed awkwardly on him and fractured his penis. The man underwent emergency surgery in September 1994, "endured a painful and lengthy recovery" and has suffered from sexual dysfunction that hasn't responded to medication or counseling, the appeals court said. Although the woman may have exposed her boyfriend to "some risk of harm," the three-judge panel said her conduct during the sexual encounter wasn't "wanton or reckless" and can't support a lawsuit. The man's lawsuit already has been thrown out by judges in Salem District Court and Essex Superior Court. The appeals court upheld those rulings while noting that its ruling doesn't apply to cases where someone has negligently infected a partner with a sexually transmitted disease. "There are no comprehensive legal rules to regulate consensual sexual behavior," Justice Joseph Trainor wrote. "In the absence of a consensus of community values or customs defining normal consensual conduct, a jury or judge cannot be expected to resolve a claim that certain consensual sexual conduct is undertaken without reasonable care." The man's attorney, John Greenwood, said he is likely to appeal Monday's ruling to the state's highest court. "It's a case that hasn't been seen before in Massachusetts," he said. Greenwood argued that consensual sex doesn't mean "anything goes. ... The fact that some behavior was agreed to by the parties doesn't mean all behavior was agreed to by the parties." The woman's attorney didn't immediately return a telephone call Monday.

QUOTE(longshot7 @ May 18, 2005 -> 02:18 PM) btw - for those interested- Jake Westbrook lost AGAIN - when the Angels scored two in the top of the 9th to win the game in Cleveland. Talk about a hard-luck loser - if he was matching up against team's #2 or 3 pitchers, he might be 5-1. Bartolo outdueled him. He (Colon) is gonna face Jon next Monday, isn't he...???

http://abcnews.go.com/US/wireStory?id=768386 Slain Florida Girl Sarah Michelle Lunde Suffered Years of Abuse, State Records Show TAMPA, Fla. May 18, 2005 — A 13-year-old girl who was killed and dumped in a pond last month suffered years of abuse that included reports of beatings and witnessing violent fights between her parents, records show. More than 1,000 pages of files from the state Department of Children & Families were released Tuesday detailing the family of Sarah Michelle Lunde and the background of David Lee Onstott, the convicted sex offender accused of strangling her. Sarah's body was found April 16 in an abandoned fish pond near her family's mobile home in Ruskin. She was last seen April 9 after returning home from a church trip. Onstott had dated Sarah's mother, Kelly May, who divorced the girl's father, Richard Lunde, in 1997. The reports released Tuesday date as far back as 1992, when the family lived in West Virginia. In the girl's early days, the documents said, social workers reported she and her siblings were beaten and described the girl walking around for days at a time without a bath and in soiled clothes. Documents allege that Richard Lunde beat his wife with a 2-by-4 while the children looked on. He also broke her ribs and injured her in other ways, the allegations said. Sarah and her siblings allegedly were beaten on several occasions with belts, boards and fists. In 1999, an anonymous caller reported that May and a boyfriend used drugs in front of the children. The caller also said the boyfriend was abusing the children, and that Sarah had been forced to sleep outside under a tree, according to the documents. When state workers went to investigate, Sarah told them the boyfriend hit her 11 times with a belt the night before. Sarah was placed in foster care for a time. Onstott, 36, is not cited in records involving Sarah's family. But separate records indicate he allegedly gave another girlfriend's 16-year-old daughter a black eye in 2002 and was accused in 1990 of driving his 16-year-old stepdaughter down a dirt road and kissing her. He was convicted in 1995 of raping a 25-year-old woman. More at link..

QUOTE(Steff @ May 5, 2005 -> 08:10 AM) Soo... I'm home today because I have wedding stuff to finish up... Goto the game finalize dinner and flowers...

QUOTE(sec159row2 @ May 18, 2005 -> 11:07 AM) this stat WAS for wins to start the season.. thanx...

QUOTE(sec159row2 @ May 18, 2005 -> 11:06 AM) if he got his first loss on 5/26/00 how was he 11-0 at the all-star break?? He wasn't. He was 11-4 at the break.

http://edition.cnn.com/2005/US/05/18/idaho.amber/index.html Search continues for two missing children Wednesday, May 18, 2005 Posted: 1100 GMT (1900 HKT) Robert Roy Lutner is a "person of interest" in the slayings. (CNN) -- Investigators have identified a "person of interest" in a triple slaying at a home in the quaint Idaho community of Coeur d'Alene and the disappearance of two children from the home, and they've issued a lookout for an Idaho man and two pickup trucks he may be driving. The killings have shocked the community and prompted massive searches for the two missing children, identified as 9-year-old Dylan and 8-year-old Shasta Groene. Kootenai County Sheriff identified the person they want to talk to as Robert Roy Lutner, 33, of Hayden, Idaho. The lookout is for a 1975 Silver Ford pick-up, Idaho license K161057, or a 1990 white Toyota pickup with Idaho license K308811. "Lutner is only a person of interest at this time. He is believed to have been visiting the Groene home on Sunday evening," the sheriff's statement said. Lutner's stepmom, contacted by CNN Radio, said she had not heard from her son since Sunday, which she said was unusual. Authorities said the children's mother, Brenda Groene, and their 13-year-old brother Slade were among those killed in the home. A 37-year-old man identified as Mark McKenzie was also found dead in the home. A sheriff's hot line has been established for any information about the case: 208-446-2292 or 208-446-2293. Search teams using sniffer dogs and cadaver dogs fanned out across the area looking for any possible signs of the children, and a helicopter searched by air. The FBI was assisting in the search, while detectives from the state and Spokane, Washington, were assisting in the processing of the crime scene. Kootenai County Sheriff Rocky Watson said the woman's ex-husband has been ruled out as a suspect, although he would not elaborate. He also said it is clear a triple homicide occurred: "It was not a murder suicide." He said investigators would be processing the crime scene for the next two or three days. Authorities issued an Amber alert earlier in the day for the two missing children, describing Dylan as a 4-foot-tall boy, 60 pounds, with short blonde, crewcut hair and blue eyes; and Shasta as 3-foot-10, 40 pounds, with long auburn-brown hair and hazel green eyes. For their safe return.

I'm no forensics expert.. but isn't it kinda hard to mistake a gun shot wound for an aneurysm...?? http://www.cleveland.com/crime/plaindealer...8330.xml&coll=2 Turnpike scene haunts motorist Patrol still seeking Pa. doctor's killer Wednesday, May 18, 2005 Damian Guevara and Rachel Dissell Plain Dealer Reporters Broadview Heights - With Friday evening falling, a westbound motorist on the Ohio Turnpike stopped for two women screaming and frantically waving for aid on the side of the road. Dr. Gulam Moonda, 65, sat back in the passenger seat of a gold 2000 Jaguar, blood covering a quarter-inch bullet wound on his face. So shocked were Moonda's companions - his wife, Donna, and his mother- in-law, Dorothy Smouse - they couldn't speak, according to the motorist, who spoke to The Plain Dealer on condition of anonymity. Moonda's wife tried to revive him while the confused motorist used a cell phone to call police, telling a dispatcher that he thought the man perhaps had "an aneurysm or something." The chilling scene continues to haunt him, the motorist said Tuesday. "I thought I was doing the right thing by stopping and helping," he said. Moonda, a urologist from the Western Pennsylvania town of Hermitage, had been shot between his right eye and ear in a homicide that remains unsolved. The family, heading to Toledo, pulled over to switch drivers about 6:30 p.m., the State Highway Patrol said. They were three miles from the nearest exit, Interstate 71 in Strongsville. A dark van stopped behind them. The van's driver, toting a handgun, accosted Moonda outside the car and took money, said Lt. Rick Zwayer, a patrol spokesman. On the passenger side of the car, the bandit ordered Moonda back into the Jaguar and fired. Moonda was pronounced dead by workers from a LifeFlight helicopter. More at link..

QUOTE(mreye @ May 18, 2005 -> 10:24 AM) I saw one today as a matter of fact. There's also this one geeky guy on my train that wears a Sox hat everyday. Snnnnaaapppp.. Mikey.

QUOTE(sec159row2 @ May 18, 2005 -> 10:12 AM) what about baldwin??? he was 11-0 at the all-star break in 2000... did he have a no decision or something, and this stat is for the first 8 starts??? Yea, this stat is for most wins to start the season. JB was 7-0 until 5/26/00 when he got his first loss.

Happy Birthday guys.. BeGood.. :begood

The Golden Girls Season 2 DVD set is out today.. you must be in heaven.

http://www.cnn.com/2005/US/05/18/birds.attack.ap/index.html Swooping grackles attack Houston residents 'This is a very Hitchcock kind of story' Wednesday, May 18, 2005 Posted: 9:43 AM EDT (1343 GMT) HOUSTON, Texas (AP) -- Like a scene from the horror movie "The Birds," large black grackles are swooping down on downtown Houston and attacking people's heads, hair and backs. Authorities closed off a sidewalk after the aggressive birds, which can have 2-foot wingspans, flew out of magnolia trees Monday in front of the County Administration Building. "They were just going crazy," said constable Wilbert Jue, who works at the building. "They were attacking everybody that walked by." The grackles zeroed in on a lawyer who shooed a bird away before he tripped and injured his face, Jue said. The lawyer was treated for several cuts. It appears that the birds are protecting their offspring. On Monday a young grackle had fallen out of its nest and adult birds attacked people who got too close, Jue said. Another bird attacked a deputy county clerk. "I hit him with a bottle," said Sylvia Velasquez. "The other birds came, and one attacked my blouse and on my back." Two women came to help her after she fell to the ground, and the birds attacked them as well. The group escaped by running into the building. "This is a very Hitchcock kind of story. Very Tippi Hedren," said downtown worker Laura Aranda Smith, referring to one of the stars of Alfred Hitchcock's move "The Birds."

QUOTE(DABearSoX @ May 18, 2005 -> 09:50 AM) I like to think of it as constructive critisism.....and seriously this website would be dead if we couldn't critique things like what type of cereal paulie is eating in the morning. If it was that I don't think some would have the issue they do.. I don't consider "eff that stupid ass POS, c-sucker... he sucks" as constructive.. but the hell do I know..

QUOTE(NUKE_CLEVELAND @ May 18, 2005 -> 09:39 AM) How bout we just split the difference and say that all 3 were kickass pickups by KW. Exactly. Nice problem to have.. trying to decide who was the best pick-up.

QUOTE(NUKE_CLEVELAND @ May 18, 2005 -> 09:37 AM) Hermanson? Gooch...?

QUOTE(YASNY @ May 18, 2005 -> 09:29 AM) Action Consequence Welcome to everyday life..

For some reason I thought you were older Cerb... Oh well. Hope you had a good one.

QUOTE(LosMediasBlancas @ May 18, 2005 -> 09:07 AM) I see your point Steff. In my mind, I have a very clear sense of right and wrong and if something is wrong, I don't do it, no consideration. That's just me. Oh f*** it Tex, if it hurts someone else, don't do it, if it might just hurt you, do it. I see yours also.. Sometimes there are things that are proposed that I don't even consider because it's clear they are wrong.. It's the "hmmm... should I, could I, would I, maybe I could ..." things where I think the conscience comes into play. That's what it sounds like Tex is wrestling with.. I think.

QUOTE(LosMediasBlancas @ May 18, 2005 -> 08:55 AM) If they did, would they even be thinking about doing it? He already said he knows it's a bad thing. Which indicates to me that he's at least exercising the thought process.. meaning he has a conscience.. no? Wouldn't it make sence that one would need a conscience to even ask such a question..?

If someone didn't have a conscience.. wouldn't they just do anything without question..??

http://sfgate.com/cgi-bin/article.cgi?file...MNGIHCQRST1.DTL Worker gave his finger to settle $50 debt Mother says laborer who provided digit unaware of alleged plot against Wendy's Alan Gathright, Meredith May, Chronicle Staff Writers Wednesday, May 18, 2005 Las Vegas -- The Las Vegas man whose severed fingertip ended up in a cup of Wendy's chili gave his mangled digit to a co-worker to settle a $50 debt -- but had no idea it would be used in an alleged scheme to swindle the fast-food chain, the man's mother said Tuesday. San Jose police have refused to name the man whose finger they believe ended up in the chili. But the man's mother, reached by The Chronicle on Tuesday, said the finger belonged to her 36-year-old son, Brian Paul Rossiter of Las Vegas. "My son is the victim in this,'' Rossiter's mother, Brenda Shouey, said in a telephone interview from her Pennsylvania home. "I believe he got caught in something, and he didn't understand what was going on.'' Rossiter lost part of his finger when his gloved hand was caught in a mechanical truck lift in December at a Las Vegas paving firm where he worked with James Plascencia, the husband of Anna Ayala, the woman accused of planting the fingertip in her cup of Wendy's chili. Ayala claims she bit into a 1 1/2-inch human fingertip on March 22 while eating chili at the fast-food restaurant in San Jose. She was arrested a month later on felony charges of attempted grand theft for allegedly trying to shake down Wendy's International Inc. for a financial settlement in a scheme police say caused the fast-food chain to lose more than $2.5 million in sales. Her husband was arrested this month on unrelated charges of failing to pay child support in a previous relationship. San Jose police announced last week that they had scientifically confirmed that the finger Ayala claimed to have chomped into was obtained from an associate of Plascencia, but they have refused to identify him because he is cooperating in the investigation. Shouey said her son was desperate for cash when he gave his finger away. "He had a money problem. He owed $50 to this character, James," Shouey said. The mother accused Plascencia of preying upon her injured son, who she said was strapped for money because he was unable to work after the accident and his disability checks were lost in the mail when he moved. She said Rossiter was laid up for weeks after reconstructive surgery on his mangled hand. While the finger-chili caper has made headlines even in her rural West Pennsylvania town, Shouey said she learned of her son's involvement only Monday night when he alarmed her by calling to say: "Mom, do you know what's happened?" "The last time he said something like that to me was 9/11,'' Shouey said. Rossiter hadn't even told his father, James Rossiter, who lives in Florida and is divorced. "Oh, my God!" the father said when contacted by The Chronicle, saying he never imagined that his son's severed digit was the Wendy's finger. He said he knew his son had suffered a finger injury but had not been in touch with him in the months after the accident. "That is pretty wild,'' he added. The man's mother declined to give details of how the finger was preserved, the nature of her son's debt, or whether Rossiter was told why Plascencia allegedly wanted the finger. She said her son is keeping a low profile after undergoing intense police questioning in the case. "My son is a happy-go-lucky guy. He thought it was cute to show" the severed finger, Shouey said. "It's like a man thing. If a woman had her finger severed, she would never show it to anyone. But he would show it to the girls in the office if they asked." While Ayala and Plascencia have been arrested, Shouey said her son appears to have convinced police that he had nothing to do with the alleged finger hoax. "He originally thought that he was going to be in big trouble,'' Shouey said. But after taking lie-detector tests and being quizzed by investigators for four hours at a stretch, "it appears from what he's interpreted that the police believe him," the mother added. Ayala, 39, was arrested April 21 at her Las Vegas home on suspicion of attempted grand theft for allegedly costing Wendy's millions of dollars in a plot to shake down the company with a tainted-food claim. She remains in jail in Santa Clara County and has a court hearing today at which her attorney is expected to seek reduction of her $500,000 bail. Wendy officials have said bad publicity over her claim cost the chain millions in lost sales. Plascencia, 43, was arrested May 4 at his Lamb Asphalt Maintenance job site, the same day investigators got a tip about a man who might have lost a finger in an industrial accident. The tip was received on a hot line run by Wendy's, which had offered a $100,000 reward for information on how the finger got in its chili. Lamb's president, Mike Casey, has said he called the tip in that day after he put together the arrest of Ayala's husband at the firm and the fellow employee who lost his finger there three months earlier. Office supervisors at the Lamb paving firm chuckled at the media attention on Tuesday, each raising both hands to show all 10 digits to reporters. Plascencia is awaiting extradition to California from Las Vegas, where he is jailed on felony charges of failing to pay child support and of committing identity theft by assuming the name and Social Security number of his young son, allegedly to avoid having his wages garnisheed for child support in a previous relationship. Police have said Plascencia is likely to face charges in the Wendy's case and will not rule out further arrests. Without identifying Rossiter, San Jose police spokesman Enrique Garcia reaffirmed Tuesday that the man who lost the finger "is being cooperative with us and assisting us in the investigation.'' However, Garcia said, once police turn in their reports to the Santa Clara County district attorney, it will be up to prosecutors to decide whether to charge anyone else. At the Las Vegas trailer park where Rossiter lived until February, residents who knew he'd lost the finger were surprised to learn it had wound up in the bizarre chili saga. "I know he smashed his hand in one of the construction vehicles,'' Dan Gelzaines said. "He showed it to me. It looked like this," Gelzaines said, lifting his hand to show an index finger missing its tip from his own carpentry accident. While at first saying it was really strange to learn his old neighbor's lost finger is that finger, Gelzaines added: "But nothing really surprises me anymore." Gelzaines said he thinks Ayala's husband should be held accountable if he did indeed use Rossiter's finger in an attempted scam. Rossiter left the Kensington Community trailer park, which is across the street from Nellis Air Force Base, after the friend he was living with was evicted for having vicious dogs that mauled a neighbor's pooch. "I've been listening to this story on the news. I'm surprised someone would go to that extreme to get money,'' said trailer park manager Terri Richey, who also hadn't heard of Rossiter's link to the Wendy's tale. "But people are funny. They'll do anything. This is Vegas, after all.''

QUOTE(YASNY @ May 18, 2005 -> 08:25 AM) Usually, if it's something you shouldn't do ... it would hurt, endanger or have detrimental effects on someone. Well.. I shouldn't have gone to the boat after the game last night since I had to be up at 5am this morning.. but I did.. and won

QUOTE(tonyho7476 @ May 18, 2005 -> 08:25 AM) I thought there was a charge to do certain things? There is to hit in the batting cages.

http://abcnews.go.com/International/story?id=755137&page=1 May 17, 2005 — Alex was the envy of his friends. After years languishing in a Russian orphanage, he had been adopted by an American couple and was moving to the land of cowboys and Indians, America. Less than two months after his arrival, Alex Pavlis' promising life ended tragically. The 6-year-old was beaten to death by his adopted mother. Diplomats taken to Uzbek town, miss massacre scene Insurgents Post Sniper Training Exercises Online Full Coverage: Afghanistan Irma Pavlis, 34, of Schaumburg, Ill., was convicted of involuntary manslaughter in the December 2003 death. During her trial, she said she loved the boy but that he was mentally unstable and suicidal. Although she recently was sentenced to 12 years in prison, the repercussions of the case continue, both in the United States and in Russia. As Russia underwent massive social and political reform known as perestroika in the late 1980s, the number of orphans doubled. The opening of the borders had one advantage. Foreigners were all of a sudden allowed to adopt parentless children. Foreigners adopt about 1 percent of the 700,000 Russian orphans each year, Russian government officials say. Americans adopted 5,865 Russian children in 2004 compared to 1,896 a decade ago, according to the U.S. State Department. In terms of orphans coming to the United States, Russia comes in second behind China, followed by Guatemala and South Korea. But Russians' disgust over Alex's sad fate is fueling a backlash against foreign adoptions. Adoption advocates say violence in families with adopted children is rare, and Americans — and Russian orphans desperate for homes — shouldn't be penalized for this one case. But more politicians are arguing that foreign adoptions are depleting Russia's most precious resource: its youth. They're threatening to impose strict limits on the number of Americans adopting Russian children. "What is being called for in response to this is a shutdown, a moratorium, which would result in children without families," said Thomas Atwood, president and chief executive officer of the National Council for Adoption. Adopting Alex Irma and Dino Pavlis married in 1995 after meeting in Chicago three years earlier. After two miscarriages, the couple decided to adopt. In 2003, they fell in love with the photo of a young boy on a Web site and decided to adopt him. Taken back by the $20,000 fees, the couple decided to forgo American agencies and use an independent agency instead, Irma Pavlis' attorney, Shannon Lynch, testified during her trial. Two trips to Siberia and $11,000 later, the Pavlises returned to their suburban Chicago home with Alex and his younger sister in November 2003. More at link..