Leader-Herald PDF
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Leader-Herald PDF
THURSDAY, DECEMBER 4, 2014 New bridge VOL. 59 NO. 338 TWENTY PAGES Trial B-P falls SINGLE COPY 75¢ ESTABLISHED AUG. 30, 1887, GLOVERSVILLE-JOHNSTOWN, N.Y. Span reopens in Fort Plain Testimony given in manslaughter case South Glens Falls wins bowling match Property may serve as arts center On Page 3A On Page 1B On Page 3A Lexington Foundation seeks Tetra Tech site By MICHAEL ANICH The Leader-Herald MAYFIELD — The proposed Paul Nigra Center for Creative Arts and Transitions may have a home at the former Tetra Tech Construction property on Route 30 in the town, Lexington Center officials announced. The Lexington Foundation has signed a contract and intends to buy what Lexington officials say is 66 “picturesque acres.” The property, which includes a 32,000-square-foot building, used to be owned by Delaney Construction Corp. but was sold to Tetra Tech in 2007. Wally Hart, Lexington’s division director of business and community development, said there is a purchase agree- ment, but the deal isn’t done yet. “We’re trying to get approval,” Hart said. “I cannot address any information about Tetra Tech or the price until we complete the purchase.” Lexington officials told county supervisors in June an arts center project could cost about $2.5 million. Tetra Tech corporate spokeswoman Charlie MacPherson said today the company has no comment on the property sale at this time. “I know we’re exploring our options,” she said. The Leader-Herald/Bill Trojan Nigra was the longtime executive director of Lexington Center, which serves the developmentally disabled in the The Lexington Foundation wants to buy the former Tetra Tech property on Route 30 in Mayfield, above, and turn it into an arts center. FOUNDATION — On Page 7A Protests erupt after decision in man’s death Above, protesters march through the streets in response to the grand juryʼs decision in the Eric Garner case in Times Square in New York on Wednesday. At left, protesters block traffic in Times Square during a march in response to the grand juryʼs decision. Photos by The Associated Press NEW YORK (AP) — The cell phone video of the last moments of Eric Garner’s life was watched millions of times on the Internet, clearly showing a white police officer holding the unarmed black man in a chokehold, even as he repeatedly gasped, “I can’t breathe.” But despite that visual evidence, and a medical examiner’s ruling that the chokehold contributed to the death, a Staten Island grand jury decided Wednesday not to bring any charges against the officer involved, prompting protests across the country and sending thousands onto New York’s streets, where they marched, chanted and blocked traffic into the next morning. While legal experts note it’s impossible to know how the grand jurors reached their conclusion, they say the Garner case, like Michael Brown’s death in Ferguson, Missouri, once again raised concerns about the influence local prosecutors have over the process of charging the police officers they work with on a daily basis. “The video speaks for itself,” said Jeffrey Fagan, a professor at Columbia Law School. “It appears to show negligence. But if we learned anything from the Brown case, it’s the power of prosecutors to construct and manage a narrative in a way that can shape the outcome.” Ekow N. Yankah, a professor at Cardozo School of Law, agreed that, “It is hard to understand how a jury doesn’t see any probable cause that a crime has been committed or is being committed when looking at that video, especially.” Another observer, James A. Cohen, who teaches at Fordham University Law School, went further, saying, “Logic doesn’t play a role in this process.” OFFICER — On Page 7A Military sex-assault reports up 8%, officials say WASHINGTON (AP) — The number of sexual assaults reported by military service members rose again this year, with an increase of 8 percent, officials told The Associated Press. Details set for release today and a new anonymous survey suggests victims are becoming far more willing to file complaints than in years past, they said. The officials said there were nearly 6,000 victims of reported assaults in 2014, compared with just over 5,500 last year. The Pentagon changed its method of accounting for the assaults this year, and now each victim counts for one report. Using last year’s accounting methods, there were roughly 5,400 sexual assaults reported as of the end of the 2014 fiscal year on Sept. 30, compared with a little more than 5,000 last year. That increase comes on the heels of an unprecedented 50 percent spike in reporting in the previous year. Based on those numbers, and the anonymous survey conducted by the Rand Corp., officials said that about 1 in every 4 victims filed a report this year, in sharp contrast to 2012, when only about 1 in every 10 military victims came forward. Two years ago, the anonymous survey conducted by the Defense Department found that about 26,000 services members said they had been the victim of unwanted sexual contact — a number that stunned officials and outraged lawmakers, triggering a barrage of congressional hearings and Battles leave 19 dead in Chechnya GROZNY, Russia (AP) — Gun battles early today in the capital of Russia’s North Caucasus republic of Chechnya left 10 police officers and at least nine militants’ dead after two buildings were stormed, including a school, authorities said. The fighting, which punctured the patina of stability ensured by years of heavy-handed rule by the Kremlin-appointed leader, broke out hours before Russian President Vladimir Putin gave his annual state of the nation address in Moscow. In his address, Putin said he was confident that local Snow Friday’s Forecast High: 33 Low: 30 7 48445 47010 0 Map, Page 2A Chechen forces were capable of dealing with the “rebels,” who he suggested were receiving support from abroad. Security officials said militants traveling in three cars entered the republic’s capital, Grozny, at 1 a.m. local time, killing three traffic police at a checkpoint. The National Anti-Terrorist Committee, a federal agency, said the militants then occupied the 10-story Press House in central Grozny. It was later destroyed by fire, killing six gunmen. The agency said more gunmen were found in a nearby school and security forces were sent to “liquidate” them. ANNIEʼS MAILBOX ........5B BLOTTER .......................2A CLASSIFIED .............6B-9B COMICS .........................5B CROSSWORD ...............6B HOROSCOPE................5B LOCAL...............2A, 3A, 9A LOTTERIES....................2A MARKET WATCH ..........7A OBITUARIES..................5A OPINION.........................6A PEOPLE .........................2A SPORTS ...................1B-4B WEATHER......................2A Didnʼt get a paper? Call 773-8272 legislative changes. This year, that number dropped to about 19,000 — including about 10,500 men and 8,500 women — which officials said suggested that there was a trend of sexual assaults declining. Officials discussed the latest reports on condition of anonymity because the survey results and sexual assault statistics have not been publicly released. Many of the numbers are preliminary and could change a bit as the reports are finalized. Officials said the decision to change the accounting system to have a report for every victim, rather than one report for an incident that could have multiple victims, would provide greater accuracy. Using that system, there were 3,604 victims in 2012, 5,518 in 2013, and 5,983 in 2014. Defense officials discussed the results with the White House on Tuesday and were expected to release the reports publicly today. Firefighters and emergency workers examine the burned market pavilions in downtown Grozny, Russia, today, after violence broke out there. Photo by The Associated Press Foundation may buy Tetra Tech property Thursday, December 4, 2014 Officer faces no charges The Associated Press People lie on the ground Wednesday at Grand Central Terminal in New York after it was announced the New York City police officer involved in the death of Eric Garner was not indicted. Continued from Page 1A U.S. Attorney Eric Holder said federal prosecutors would conduct their own investigation of Garner’s July 17 death as officers were attempting to arrest him for selling untaxed cigarettes on the street. The New York Police Department also is doing an internal probe which could lead to administrative charges against Officer Daniel Pantaleo, who remains on desk duty. The grand jury’s decision prompted emotional protests around New York and in cities from Atlanta to California. In Manhattan, demonstrators laid in down Grand CenGarner tral Terminal, walked through traffic on the West Side Highway and blocked the Brooklyn Bridge. A City Council member cried. Hundreds converged on the heavily secured area around the annual Rockefeller Center Christmas tree lighting with a combination of professional-looking signs and hand-scrawled placards reading, “Black lives matter” and “Fellow white people, wake up.” And in the Staten Island neighborhood where Garner died, people reacted The Associated Press Protesters march through the streets in Times Square in New York on Wednesday in response to the grand juryʼs decision in the Eric Garner case. with angry disbelief and chanted, “I can’t breathe!” and “Hands up — don’t choke!” New York City police said early today that more than 60 people were arrested, most for disorderly conduct. “This fight ain’t over, it just begun,” said Garner’s widow Esaw. But the demonstrations were largely peaceful, in contrast to the widespread arson and looting that accompanied the decision nine days earlier not to indict the officer in Brown’s death. Staten Island District Attorney Daniel Donovan said the grand jury found “no reason- able cause” to bring charges, but unlike the chief prosecutor in the Ferguson case, he gave no details on the grand jury testimony. The district attorney said he will seek to have information on the investigation released. In order to find Pantaleo criminally negligent, the grand jury would have had to determine he knew there was a “substantial risk” that Garner would have died. Pataleo’s lawyer and union officials argued that the grand jury got it right, saying he used an authorized takedown move — not a banned chokehold — and that Garner’s poor health was the main cause of his death. guage in the spending bill that would block Obama’s move to defer deportations and grant work permits to more than 4 million immigrants here illegally. Republican leaders fear such spending-bill language could court an Obama veto and even a government shutdown — something they’re determined to avoid after their resounding midterm election victories last month left them with a desire to show voters they can govern responsibly. House set to rebuke Obama on immigration WASHINGTON (AP) — House Republicans are prepared to rebuke President Barack Obama over immigration, with a vote on legislation that declares his recent executive actions “null and void and without legal effect.” But even supporters acknowledge that the bill by Rep. Ted Yoho, R-Fla., is mostly meant to send a message, since it stands little chance in the Senate — which remains under Democratic control until January — and would face certain veto by Obama. Instead, its passage today would set the stage for the real showdown over legislation to keep the government running past Dec. 11, when a current funding measure expires. Conservatives are demanding lan- 2 CONVENIENT LOCATIONS: 7 Church Street, Gloversville, NY 4755 Rt. 30N (Miller’s Plaza), Suite 6, Amsterdam, NY 7 3 Ǥ3 34ǡ34Ǥ7Ǥ When you have questions about your hearing, call The Hearing Doctor. 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The Leader-Herald/Bill Trojan The Tetra Tech building on Route 30 in Mayfield, the front of which is shown above, may be sold to the Lexington Foundation. fulfillment,” Winston said in the release. “We believe that ... the Center for Creative Arts and Transitions program will allow Lexington to celebrate this vision and continue providing exceptional services and programs to the community and individuals with special needs.” Nigra founded Lexington’s rock band, Flame, a group of musicians with disabilities. The Paul Nigra center will be a “home base” for Flame, the release said. The center will be owned and operated by the Lexington Foundation and be funded by contributions, grants and fees for services. Lexington ARC funds will not be available for this project. As the Lexington Foundation embarks on a capital campaign to raise money to pay for the purchase and renovation of the property, it has sought people to serve on the center advisory board, which will be chaired by local businessman and Johnstown resident Brian Hanaburgh. Design and renovations are expected to be completed for the opening in June, Lexington said. Michael Anich can be reached at [email protected]. Wishing you and your family a safe and happy holiday season! Concetta Lomanto 518-762-4212 • 1-800-721-3553 Getting results when it matters most Maynard, O’Connor, Smith & Catalinotto, LLP 122 West Main Street, Johnstown www.maynardinjurylaw.com A Homegrown Holiday Tradition: CUT YOUR OWN OR PRE-CUT CHRISTMAS TREES FARM FRESH TREES Goderie’s Tree Farm COUNTY RT. 106, BLACK ST. OFF RT. 29 883-8196 • SCOTCH PINE • CROSSES • CANDY CANES • • KISSING BALLS • SPRAYS • TREE STANDS • GARLAND & MORE! 988 3383 363 3 OPEN MON.-SAT. 8-8 • SUN. 8-6 www.goderiestreefarm.com EARLY TRADING TODAY ON WALL STREET LOW CLOSE 5.63 5.85 33.88 33.94 21.85 22.07 2.69 2.69 2.41 2.47 3.43 3.45 17.26 17.41 109.35109.90 6.03 6.04 78.26 79.20 12.03 12.09 1.96 2.00 40.04 40.14 .24 .25 8.79 8.85 17.18 17.23 26.68 26.72 19.05 19.52 12.17 12.39 12.89 12.95 37.03 37.12 6.76 6.97 21.79 22.00 11.65 11.70 19.28 19.70 111.69112.16 54.69 54.80 7.82 8.10 43.60 43.66 69.82 70.06 102.73103.16 4.46 4.51 9.33 9.47 45.55 46.01 7.56 7.72 13.82 14.60 13.15 13.18 3.68 3.85 22.59 22.72 75.84 76.32 92.93 92.99 65.41 66.85 38.97 40.51 52.55 52.90 15.05 15.22 31.58 31.79 12.69 13.00 93.54 93.77 Continued from Page 1A county. He died March 12, 2012, and the center hopes to create an arts center dedicated to him. “Certainly, we’re going to move as quickly as we can,” Hart said. “We’re doing due diligence on the property. Our goal is to open by June 2015.” The Paul Nigra Center for Creative Arts and Transitions will be an apprenticeship program designed to foster college and career success for students with learning differences, a news release said. “Our new programs will be hosted in the property’s existing buildings, which will be updated and renovated in order to accommodate the particular needs of the Paul Nigra Center and the Transitions program,” Lexington Center Executive Director Shaloni Winston said in the news release. “The Paul Nigra center’s location is both beautiful and inviting and offers the best of what our region has to offer. We really wanted a center that would not only attract those from outside our region, but would make our community proud.” The release said the foundation has partnered with the Savannah College of Art and Design’s Collaborative Learning Center. Under the guidance of professors, 12 graduate students from SCAD’s interior design, graphic and media design, and arts administration programs have worked together to study the “unique needs” of the Paul Nigra Center for Creative Arts and the Transitions program, and presented ideas about how to best design and adapt the existing space to suit those needs, the release said. The professors leading the project, Chance Farago, professor of arts administration, and Meghan Woodcock, EDAC faculty member for interior design, visited Lexington to learn about the services Lexington provides, meet staff and the people supported by Lexington, and visit the proposed property. The release said the center will be a year-round facility that will provide art and hobby-related classes for emerging artists of all ages and interests. Among the classes would be those focusing on culinary arts, performing arts, visual arts, quilting, woodcarving and yoga. The center will house art shows, host family events and provide educational opportunities for the community — the public and people supported by Lexington. “Paul Nigra worked tirelessly to support people with disabilities and believed that every person could achieve success and OPEN HANDMADE WREATHS 7 DAYS A • FRASER FIR • BALSAM FIR • WHITE SPRUCE • WEEK Market Watch NEW YORK (AP) — EARLY PRICES FOR NYSE LISTED MOST ACTIVE STOCKS: SALES HIGH AK STEEL 14774 5.86 AT&T INC 1.84 30691 34.10 14313 22.40 ADVDRAIN N .16 AMD 10266 2.75 32355 2.84 AEROPOSTL ALCATELLUC .18E 22801 3.48 ALCOA .12 30948 17.42 18251 110.50 ALIBABA N AMBEV .33E 16111 6.09 79.65 ANADARKO 1.08 8660 ARCELORMIT .20 14949 12.18 2.04 ARCHCOAL .01M 8836 BP PLC 2.40F 18976 40.42 BPZ RES 8383 .27 BCOSANTSA .81E 17878 8.91 BKOFAM .20 62200 17.26 B IPVIXST 31300 26.98 7945 20.37 BARNESNOB BARRICKG .20 21665 12.48 BOSTONSCI 9644 13.04 CSX .64 9097 37.53 11258 6.98 CALIFRES N CALPINE 7838 22.10 CEMEX .52T 15389 11.88 CHESENG .35 11652 19.70 CHEVRON 4.28 11098 113.08 CITIGROUP .04 18388 55.03 CLIFFSNRS .60 20778 8.16 COCACOLA 1.22 13021 43.84 CONOCOPHIL 2.92 16984 70.32 COVIDIEN 1.44F 16497 103.83 CSVINVNG 10595 4.57 CSVLGNGS 18415 9.59 32358 46.19 DELTAAIR .36 DENBURYR .25 10252 7.72 DXGLDBULL 23676 14.69 23543 13.29 DRXSCBEAR DIRGMNBULL 42469 3.88 DIRDGLDBR 9405 23.98 DRXSCBULL 1.19E 9201 76.59 DISNEY .86F 8131 93.63 10984 67.42 DOLLARGEN ENBRDGEPT 2.22 7504 41.68 ENBRIDGE 1.40 25574 57.19 7948 15.39 ENCANA G .28 ENSCO 3.00 X9520 32.60 EXPRESS 9479 13.48 EXXONMBL 2.76 16545 94.21 The Leader-Herald – 7A News 3.33 7.19 9.57 9.04 31.82 6.23 15.92 19.50 90.67 1.83 11.76 9.98 46.62 5.64 178.89 207.77 50.34 2.47 87.05 12.90 21.89 42.25 4.76 70.42 71.38 81.30 24.55 57.38 46.47 18.57 21.32 22.93 4.62 51.06 19.33 39.66 63.00 19.15 25.41 32.34 8.50 7.24 51.72 41.72 55.03 48.77 84.50 13.29 54.54 56.79 4.16 Presented by Member NYSE 110 Decker Drive, Suite 210, Johnstown Jobless aid applications fall 725-3400 BUSINESS REPORT 3.16 3.20 7.01 7.02 9.40 9.48 8.87 8.95 31.51 31.54 5.97 6.04 15.86 15.89 19.07 19.16 90.38 90.42 1.74 1.74 10.02 10.88 9.91 9.93 45.75 45.92 5.55 5.58 178.52178.57 207.35207.55 49.61 50.13 2.32 2.38 85.40 86.83 12.64 12.87 21.41 21.78 41.65 41.88 4.67 4.76 70.20 70.23 71.16 71.22 80.83 81.19 24.50 24.52 57.14 57.19 46.18 46.22 18.43 18.55 21.05 21.21 22.81 22.85 4.29 4.33 49.51 49.76 18.94 19.16 38.62 39.43 61.19 62.69 18.99 19.08 25.19 25.41 31.78 32.29 8.35 8.38 7.13 7.16 51.14 51.30 41.61 41.63 54.73 54.86 48.47 48.67 84.03 84.05 12.96 13.12 54.29 54.44 56.61 56.69 4.03 4.14 -.15 -.17 -.35 -.32 -.21 -.39 +.04 +.32 +.42 -.02 +1.14 -.04 -1.33 +.12 -.39 -.34 -.87 -.11 +.07 -.44 +.12 +.83 +.07 -.09 -.19 -.77 -.05 -.23 -.05 -.50 -.05 -.08 -.30 +.89 -.41 +.37 +3.40 -.28 -.17 -.07 -.15 -.16 -.42 +.04 -.31 -.12 -.89 -.07 +.05 -.01 +.03 WASHINGTON (AP) — The number of people seeking U.S. unemployment benefits slipped below 300,000 last week, after having spiked above that level in the prior week for the first time in nearly three months. Weekly applications fell 17,000 to a seasonally adjusted 297,000, the Labor Department said today. The four-week average, a less volatile measure, rose 4,750 to 299,000. Applications are a proxy for layoffs. As fewer people seek unemployment benefits, it suggests that employers are holding onto more workers and potentially looking to bolster their hiring. Applications have been under 300,000 for 11 of the past 12 weeks, an unusually low level that suggests employers are anticipating stronger economic growth. Sears’ third-quarter loss widens HOFFMAN ESTATES, Ill. (AP) — Sears’ third-quarter loss widened as the retailer continues to raise cash by closing stores and through loans from Chairman and CEO Eddie Lampert. Sears had a $159 million income tax expense, compared with a $2 million income tax gain last year. The quarter mark the retailer’s eighth straight year of sales declines and its fourth straight year of losses, according to data from FactSet. Sears, once a staple of American shopping, is facing pressure from nimbler rivals like Wal-Mart Stores Inc. and Home Depot Inc., not to mention Amazon.com. The country’s slow economic recovery from a terrible recession is hitting middle and low-income Americans, its core clientele. Market watch Dec. 3, 2014 Dow Jones industrials 33.07 17,912.62 Nasdaq composite 18.66 4,774.47 Standard & Poor’s 500 7.78 2,074.33 Russell 2000 1,179.01 10.55 NYSE diary Advanced: 2,039 Declined: 1,122 Unchanged: Volume: 87 3.5 b Nasdaq diary Advanced: 1,667 Declined: 1,031 Unchanged: Volume: 154 1.7 b AP