A Section - Minot Daily News
Transcription
A Section - Minot Daily News
Region Photos show early-day Roosevelt Park, Zoo, B1 Magicians host Red River in playoff opener, D1 MINOT, NORTH DAKOTA WWW .MINOTDAILYNEWS.COM FRIDAY NOVEMBER 1, 2013 75¢ State Supreme Court to hear Kalmio appeal Court office moving upward By FLINT McCOLGAN Office building on schedule, ‘routine’ Staff Writer [email protected] The North Dakota Supreme Court will hear an appeal from Omar Mohamed Kalmio, 29, for his convictions on four counts of murder at the Ward County Courthouse in Minot on Feb. 4. Opening arguments in the appeal are scheduled for 1:15 p.m. Tuesday at a special term of court to be held at the University of North Dakota School of Law in front of law students. He was given four life sentences without the possibility of parole for the four Class AA felony convictions by Northwest District Judge Douglas Mattson on April 30. He is currently serving those sentences at the North Dakota State Penitentiary and was last visited by his new attorney, Russell J. Myhre of Valley City, on Monday. Kalmio will not be present at the appeal hearings, according to Myhre. “There is no right for a criminal defendant to be in court for an appeal hearing,” Myhre said. In his appeal, Myhre wants to address three major points that came up during the jury trial in Minot in late January and early February. “The first issue is the admissibility of hearsay evidence,” Myhre said. “We are going to be arguing that the trial court should have used a different legal test for hearsay evidence.” “The Sixth Amendment right to confront and By FLINT McCOLGAN Staff Writer [email protected] Project manager Glenn Moen, of Minot-based Mattson Construction Co., says that construction on the new Ward County office building is progressing on schedule and that everything is “routine,” with no hiccups to report. Motorists driving down Third Avenue Southeast may have noticed a concrete wall has sprouted out of the excavated dirt behind the chain-link fence of the site next to Minot Fire Department’s Station 2. That’s because half of the building project has been excavated and workers are now pouring the walls for the north portion of the building. “We are working on concrete foundations for the building right now,” Moen said. Rebar can be seen standing up in front of the poured wall, which will be used for the wall forms and moved to the next wall section to be poured. Moen hopes to have the north wing’s walls poured before full-blown winter weather sets in. That will cut down on the wind effect somewhat and make the work, which will continue through the winter, somewhat more bearable. “When it gets extremely cold, we stop,” Moen said. “But, no, we work through the winter.” Construction of those Flint McColgan/MDN Builders work Thursday on the first section of concrete walls poured for the future Ward County office building. These walls will form part of the north wing of the office building. Excavation and work on the south wing, which will face the Ward County Courthouse, will begin first thing next spring. walls is being sequenced with the movement of certain utilities. Montana-Dakota Utilities Co. has already moved a gas line away from the project and has replotted a section of land northeast of the project site for their services. As for what remains of semi-decent weather this year, Moen said that they hope to “continue with foundations and water proofing and backfilling.” The backfilling will be done with the mound of dirt in the Canadian Pacific parking lot leased by the county next to the East Burdick Expressway and Valley Street Flint McColgan/MDN intersection. The company has been collecting dirt there A worker moves materials for the office building in the Canadian Pacific See OFFICE — Page A7 Floodwaters prompt rescues in Central Texas Jedi mind trick or treating Dan Rudy/MDN Connor “Skywalker” and Jacob “Vader” walk away with treats given out by a feline Carrie and colorful Sarah outside of Gourmet Chef Thursday morning, part of the Halloween Treat Trail sponsored by the Downtown Business and Professional Association of Minot. Parents and their little trick-ortreaters braved the crisp, cloudy weather to collect candy from 45 different locations. Organizers of the event say the Treat Trail has been an annual occurance for more than two decades. I N D E X A C Nation Weather A3 Society Events Classified C2 C3-8 B D Region Markets Obituaries B2 B3 Sports Scores D2 Comics D3 Entertainment D4 Our Opinion The time is right for Minot to add resource officers in the Minot Public School District. Page A6 See KALMIO — Page A7 parking lot leased by the county during construction next to a small hill of dirt removed during excavation. High: 43 Low: 35 Weather Page A3 For current conditions: www.MinotDailyNews.com Vol. 97 No. 305 AUSTIN, Texas (AP) — Heavy rains across Central Texas created a frightening scene for a couple whose SUV was swept away by floodwaters, leaving them clinging to trees for hours until a helicopter rescued them on Halloween morning. It was one of dozens of rescues across a region that's been dealing with an ongoing drought, as relentless downpours overnight swelled creeks and rivers and triggered flash floods with little warning. The National Weather Service said more than a foot of rain fell across Texas' midsection, including up to 14 inches in Wimberley, southwest of Austin. "It looks to be one of the worst areas with the heaviest rainfall totals," meteorologist Steve Smart said. The storm system stretches across much of the nation, from the Great Lakes to the Gulf Coast, and carries heavy rain and strong winds. In South Texas, Houston motorists were slowed during morning rush hour because of downpours and sporadic flooding. Emergency crews in and around Austin responded to more than 100 rescue calls, often with boats and life rafts, officials said, but few were more harrowing than one in Buda, about 10 miles south of the capital city. Around 4 a.m., rescuers near Little Bear Creek spotted a man and his girlfriend in trees about 200 yards from the roadway, Buda Fire Department Chief Clay Huckaby said. Fire Capt. Craig Odell said rescuers encouraged the pair to "hang on" until the helicopter arrived. The man and woman, whose names were not released, estimated they were in the water about four hours before they were hoisted to safety, Odell said. "They're definitely very lucky," Odell said. Both victims suffered lacerations and were treated for hypothermia; the man broke his nose. Good Morning, Albert Baumann of Bottineau Thank you for subscribing to The Minot Daily News To subscribe call 701-857-1910 See FLOOD — Page A7 75¢ A2 Minot (N.D.) Daily News, Friday, November 1, 2013 N The In other news . . . A White House Halloween P Dylan's guitar to be auctioned in NYC in the news at a glance Man says he was drunk, angry when killed neighbors DETROIT (AP) — A 66year-old man faces a murder trial after telling police he was drunk and angry at two female neighbors for interfering with his love life when he fatally shot them at a Detroit senior citizen home. A Detroit district judge ruled Thursday there's enough evidence for Mike Reda to stand trial on firstdegree murder charges. He's accused in the Oct. 20 killings of 59-year-old Deborah Socia and 61-yearold Maria Gonzalez at the Pablo Davis Elder Living Center where all three lived. In a videotaped statement played in court, Reda tells police he was angry at the women for getting between him and his longtime girlfriend, who'd broken off with him. He admits the killings but says he didn't mean to shoot Socia. Defense lawyer Bryan Sherer declined comment. Driver expects to fight Google Glass ticket LOS ANGELES (AP) — The Southern California woman cited for wearing Internet-connected eyeglasses while driving says she expects to contest the citation. Cecilia Abadie was pulled over for speeding Tuesday evening in San Diego, when a California Highway Patrol officer noticed she was wearing Google Glass and tacked on a citation usually given to drivers who may be distracted by a video or TV screen. Abadie tells The Associ- ated Press that she was not using her Google Glass when she was pulled over. She says she is surprised that wearing the glasses would be illegal and that she's "pretty sure" she will fight the ticket. Legislators in several states have introduced bills that would specifically ban driving with the glasses, which are still not widely available to the public. Prosecutor reviewing facts in gym mat death MACON, Ga. (AP) — A federal prosecutor says he is conducting a formal review of facts and evidence in the case of a Valdosta teenager whose body was found inside a rolled-up wrestling mat in his high school gym. U.S. Attorney Michael Moore says that if he uncovers sufficient evidence to warrant a criminal investigation he will ask the FBI to conduct it. He made the remarks about the death of Kendrick Johnson at his office in Macon Thursday. The 17-year-old's body was found Jan. 11 stuck in an upright mat propped behind the bleachers. Lowndes County sheriff's investigators concluded Johnson died in a freak accident, but his family insists someone must have killed him. A southern Georgia judge on Wednesday ordered authorities to release all surveillance video that investigators reviewed. The 17-year-old's parents say they hope the video footage will contain clues to how he died. W The Italy busts kidnap ring targeting custody battles at a glance ROME (AP) — Italian police say they have busted an international ring of former special forces agents hired to "recover" children involved in custody battles who were spirited across borders by one of their parents. Palermo police said Thursday three Italians and a Ukrainian were arrested in Italy on kidnapping charges. Warrants also were issued for two Norwegians and a Swede in custody in Tunisia after being arrested. Police said the investigation involves a Norwegian firm APB World Group Ltd., which allegedly charged thousands of euros (dollars) to recover children whisked out of countries by a parent who had lost a custody battle. Police said parents desperate to recover a child were turning to ABP World rather than pursue official channels. Telephone calls seeking comment from APB World were not answered. French president's chef says adieu PARIS (AP) — France's presidential chef is retiring after four decades of culinary service, having fed five French presidents and peppered the steaks tartare of some of the world's most powerful leaders. Bernard Vaussion, 60, was filled with emotion while cooking his last lunch for the President Francois Hollande on Thursday at the Elysee Palace. The farewell meal included raspberry millefeuille, a rich pastry. Hollande has a well-known sweet tooth and has been mocked for his portly figure. "It's easy to work with Francois Hollande. There are not many things that he doesn't like. He's somebody who loves eating," said Vaussion. He said that over the years the most important skill for the job — besides cooking — was the ability to adapt to the tastes of each French leader. Francois Mitterrand loved seafood. Jacques Chirac preferred snails and sauerkraut. More recently, Nicolas Sarkozy caused a stink by rejecting French gastronomy and asking Vaussion to serve him a healthier menu based on fish, vegetables and salad. Sarkozy also drank no wine — a revelation that initially caused controversy and offended Gallic pride. France is one country where food and drink get political. Sarkozy also said "non" to cheese and only allowed it on the menu during visits to Paris from a well-known cheese fan, German Chancellor Angela Merkel. Vaussion noted that Hollande, Sarkozy's successor, was his polar opposite in food as well as in politics. Hollande is a hearty eater who enjoys gastronomy as an art of living. Cheese is, of course, back on the table, which may be one reason Hollande has visibly gained weight since his May 2012 election. But the leadership is not the only cause of change. France's economic crisis has taken its toll on the Palace menu, as the kitchen tries to cut expenses. "Some luxury foods have disappeared from the menu, such as truffles and lobster," said Vaussion. Vaussion's deputy, Guillaume Gomez, is replacing him as presidential chef in the Elysee kitchen. Underground and the size of two tennis courts, the famed kitchen is home to hundreds of copper pots that hark back to the time of 19th-century King Louis Philippe, France's last monarch. They're still in use. AP Photo Halloween decorations adorn the South Portico of the White House in Washington, Thursday for trick-or-treaters. President Barack Obama and first lady Michelle Obama will welcome local children and children of military families to “trick-or-treat” at the White House. The White House canceled its Halloween celebration last year following Superstorm Sandy. Hopi High in Ariz. becomes cross-country standout POLACCA, Ariz. (AP) — The group of boys head out toward the mesa, setting their feet upon dirt trails that are lined with scrub brush and corn fields. It's the same earth that their Hopi ancestors would tread as they ran in prayer for rain, prosperity and all of mankind. For these boys, the drive is as much about the competitive spirit as the enduring spirit of their culture. Hopi High School, where they are students, has earned 23 state cross-country titles in a row, and according to its coach, is one of three schools in the country to earn a perfect score at a state meet. No high school in the nation is as dominant when it comes to winning consecutive championships, and the team wants to make sure the streak continues. "We have a lot of pressure at every race," said junior Kelan Poleahla. "Everyone wants to beat us. Our job is to not let that happen." Running is deeply rooted in the northern Arizona tribe's tradition as a way to carry messages from village to village and bless the reservation that gets little moisture with rain. Tribal members regularly challenge each other to footraces on the trails, considered the veins of the villages, and running is prominent in ceremonies. The boys on the team draw from that tradition and a desire to remain champions, as the school has done since shortly after it opened in 1987 to keep Hopis rooted in their culture and attending classes on their own land. The team is led by coach Rick Baker, a high school and college runner known as "The Legend." His program encourages students to rack up 500 to 1,000 miles in the summer. During the cross-country season, the team meets for at least one early morning practice and daily afternoon practices during the school week, with a long run on Sundays. Baker insists there's nothing special about his coaching. He simply wants athletes who believe in themselves and the school, and who are disciplined and dedicated. The girls team also brings pride to the small, remote reservation with 21 championships, making them fifth in the nation for most state titles, according to the National Federation of State High School Associations. They're shooting for a seventh consecutive championship this year. "It's not just going to be an easy, go-in-and-win kind of thing," said girls coach LaVerne Lomakema. "We're going to have some competition, a lot of competition." Crowds of Hopi fans make the more than fourhour drive to watch both teams during the state tournament, shouting a Hopi phrase that pushes the teams to dig deeper and run with passion — nahongvita. The boys team became so confident in its ability to win at one point that championship T-shirts were printed ahead of the state meet and handed out to the runners on the winners' stage. The team acknowledged it was bad form and stopped. In the Hopi's story of running glory, there is inspiration that comes from a Hopi man who competed at the 1908 Olympics and earned a silver medal in 1912. The federal government shipped Louis Tewanima off to boarding school, and he rose to become one of Indian Country's most famous athletes, along with fellow Carlisle Indian Industrial School classmate Jim Thorpe. Tewanima's American record in the 10,000 meter race stood for more than 55 years before being broken by Billy Mills, an Oglala Lakota. Even though Tewanima was a celebrated athlete, he knew others on the Hopi reservation could beat him. When he returned home, Tewanima quit a 12-mile footrace he initiated against two men in their fifties at Second Mesa because they were so far ahead at the halfway point, Matthew Sakiestewa Gilbert writes in an article about Tewanima and the CHOICE AUTO GLASS Repair and Replacement 800 5th Ave. SW Minot, ND 58701 838-0735 Not your only “CHOICE”, simply the best. 611 East Villard St. Dickinson, ND 58601 701-225-9377 820 11th St. E. Ste. 101 Williston, ND 58801 701-572-9320 continuity of Hopi running. Despite Hopi High School's successes in cross-country, few of the runners have taken their skills to the collegiate level. Juwan Nuvayokva, who holds the top five times for the school in cross-country, is one of them and now serves as an assistant to Baker. After being pushed onto the team by his mother, who was concerned he would otherwise get in trouble, Nuvayokva became a high school state champion and an All-American at Northern Arizona University. The difficulty he sees in getting other runners to strive for college is a focus on the reservation on immediate, not future, plans. Instead of talking about college applications, he says the conversation around Hopi dinner tables focuses more on ceremonies, going to the kiva and tending to the fields. When he was approached by the cross-country coach at NAU, Nuvayokva had no idea what Ron Mann meant when he said Nuvayokva was Division I material. "I think it was a gamble he was taking because I'm Native American, and we're known for not finishing what we start," Nuvayokva said. Coaches from other schools see the cultural tie with Hopis and running. The elevation of the mesas on the Hopi reservation that rise thousands of feet above the surrounding desert doesn't hurt for training grounds either. The Hopi culture calls for tribal members to rise before dawn to run and in ceremonies to deliver prayers to fields and shrines on the reservation. The school's major competitors in Division 4, made up of the school's that are least populated, have been Northland Preparatory Academy in Flagstaff and Pusch Ridge Christian Academy in Tucson. For a brief time when Hopi moved up a division, Northland Prep was the state champion in the lower division but that changed when Hopi rejoined that division. NEW YORK (AP) — The sunburstFenderStratocaster that a young Bob Dylan played at the 1965 Newport Folk Festival when he famously went electric, perhaps the most historic instrument in rock 'n' roll, is coming up for auction, whereitcouldbringasmuch as half a million dollars. Though now viewed as changing American music forever, Dylan's three-song electric set at the Rhode Island festival that marked his move from acoustic folk to electric rock 'n' roll was met by boos from folk purists in the crowd, who viewed him as a traitor. He returned for an acoustic encore with "It's All Over Now, Baby Blue." The guitar is being offered for sale Dec. 6, Christie's told The Associated Press. Five lots of hand- and typewritten lyric fragments found inside the guitar case — early versions of some of Dylan's legendary songs — also are being sold. The lyrics have a pre-sale estimate ranging from $3,000 to $30,000. With a classic sunburst finish and original flatwound strings, the guitar has been in the possession of a New Jersey family for nearly 50 years. Dylan left it on a private plane piloted by the owner's late father, Vic Quinto, who worked for Dylan's manager. His daughter, Dawn Peterson, of Morris County, N.J., has said her father asked the management company what to do with the guitar but nobody ever got back to him. Last year, she took it to the PBS show "History Detectives" to try to have it authenticated. The program enlisted the expertise of Andy Babiuk, a consultant to the Rock and Roll Hall of Fame and owner of an upstate New York vintage instrument shop, and Jeff Gold, a Dylan memorabilia expert. Both men, who appeared on the episode, unequivocally declared the artifacts belonged to Dylan. Babiuk took the instrument apart and also compared it to close-up color photos of the guitar taken at the 1965 festival. "I was able to match the wood grain on the body of the guitar ... and the unique grain of the rosewood fingerboard. Wood grains are like fingerprints, no two are exactly alike," Babiuk said in an interview. "Based on the sum of the evidence, I was able to identify that this guitar was the one that Bob Dylan had played in Newport." Dylan's attorney and his publicist did not respond to email and phone requests for comment. Dylan and Peterson, who declined to be interviewed, recently settled a legal dispute over the items. The terms of the settlement were not disclosed but allowed Peterson to sell the guitar and lyrics, according to Rolling Stone, which wrote in July about Peterson's quest to authenticate the guitar. SCHULTZ LAW FIRM, PC FAMILY LAW UNCONTESTED DIVORCE CHILD SUPPORT JUDGMENT MODIFICATION CRIMINAL DEFENSE DUI DRUGS/GUNS 201 S. MAIN ST. • MINOT ALL FELONIES 701-852-5333 ALL MISDEMEANORS Andrew J. Schultz ATTORNEY AT LAW LINDELL KEMMET, DDS 1015 S. BROADWAY, STE 42 • MINOT, ND 58701 701-852-4789 • KEMMETDENTALDESIGN.COM Today’s Weather Weather Friday, November 1, 2013, Minot (N.D.) Daily News A3 41/28 44/27 42/32 43/35 44/28 44/28 45/31 45/28 47/34 AMANDA LINDQUIST’S 7-DAY PLANNER For current conditions go to www.MinotDailyNews.com Scattered rain showers are likely throughout the first half of the day, with possibly a few snowflakes mixed in. Winds will be strong today, gusting up to 35 mph, with highs only reaching into the low 40s. The weekend brings more sunshine with high temps a few degrees warmer. The start of the next week, however, brings cooler weather again. SUNDAY SATURDAY High: 47 Low: 29 Mostly sunny TUESDAY High: 36 Low: 25 Mostly cloudy REGION Williston Today Partly sunny with a 20 percent chance of rain before 1 p.m. High, 44. Northwest wind 18 to 25 mph with gusts to 32 mph. Tonight, mostly clear. Low, 27. Saturday Mostly sunny. High, 46. West wind 6 mph, becoming south in the afternoon. Saturday night, mostly cloudy. Low, 31. Rugby Today Cloudy with a 50 percent chance of rain, mainly before 1 p.m. High, 42. Northwest wind 15 to 24 mph with gusts to 31 mph. Tonight, mostly cloudy. Low, 28. Saturday Mostly sunny. High, 44. West wind 7 to 10 mph. Saturday night, mostly cloudy. Low, 31. Light south wind, becoming southeast 5 to 10 mph. Bottineau Today Cloudy with a 50 percent chance of rain before 1 p.m. High, 41. Northwest wind 15 to 23 mph with gusts to 30 mph. Tonight, mostly cloudy. Low, 28. Saturday Mostly sunny. High, 43. West wind 7 to 9 mph. Saturday night, mostly cloudy. Low, 31. Light south wind, becoming southeast 5 to 10 mph. High: 45 Low: 31 Partly sunny WEDNESDAY High: 38 Low: 24 Partly sunny MINOT Today Cloudy with a 50 percent chance of rain before 1 p.m. High, 43. Northwest wind 18 to 25 mph with gusts to 32 mph. Tonight, partly cloudy. Low, 35. West wind 10 to 16 mph with gusts to 24 mph. Amanda Lindquist MONDAY Meteorologist High: 40 Low: 30 Cloudy 20% Showers THURSDAY High: 40 Low: 22 Mostly sunny STATE Today Mostly cloudy with a chance of light rain or snow central and east; clearing west. Highs, in the 40s. Tonight, mostly clear. Lows, 25 to 35. Mostly clear. Highs, 45 to 55. Mostly sunny. High, 47. West wind 6 to 10 mph. Saturday night, mostly cloudy. Low, 27. Southeast wind 5 to 10 mph. Yesterday Sunrise: 8:31 a.m.; sunset: 6:26 p.m.; hours of daylight: 9 hrs., 54 min. Precipitation Yesterday: none; month to date: 2.32 inches; year to date: 24.66 inches. On this date … Record high for Nov. 1: 73 degrees, set in 1983; record low for Nov. 1: minus 1 degree, set in 1935; weather a year ago, Nov. 1: high, 33; low, 21; precipitation: none. Yesterday Yesterday’s high and low in Minot: high, 49; low, 28. Minot Daily News Bismarck Williston Dickinson Fargo Grand Forks Anchorage Atlanta Atlantic City Austin Baltimore Billings Birmingham Boise Boston Buffalo Chicago Cincinnati Cleveland Denver Des Moines Detroit Duluth Grand Rapids Great Falls Helena 44 74 67 82 69 55 76 54 63 67 63 65 67 56 51 62 46 62 49 50 38 60 44 67 52 36 64 34 40 45 58 62 58 31 43 52 42 57 32 40 Honolulu Houston Indianapolis Juneau Kansas City Las Vegas Little Rock Los Angeles Memphis Milwaukee Mpls-St Paul Nashville New Orleans New York City Oklahoma City Omaha Orlando Philadelphia Phoenix Pittsburgh 89 75 64 46 53 68 77 80 72 63 45 70 83 65 69 57 88 70 76 67 73 69 59 44 48 48 65 54 66 56 43 62 73 53 57 38 66 52 53 54 Portland Providence Rapid City Reno Richmond Sacramento St Louis St Petersburg Salt Lake City San Antonio San Diego San Francisco Santa Fe Seattle Shreveport Sioux Falls Spokane Tampa Topeka Washington 60 64 54 62 75 71 68 85 55 85 74 71 51 58 75 46 55 85 61 68 49 37 27 30 54 41 64 72 44 73 56 48 32 51 68 35 34 68 48 56 Road Report For local and statewide conditions phone: 511 Internet: (http://www.state.nd.us/dot/) HIGH LOW 47 27 55 28 49 28 45 37 50 38 Lake Sakakawea Pool level midnight Wednesday, 1834.4 feet mean sea level, no change. Discharge 13,200 cubic feet per second. Pool level high for 2012, 1,839.3. Pool level one year ago, 1,831.6 feet. Tailrace water temperature, 48 degrees. Garrison: Mostly cloudy with a 40 percent chance of rain before 1 p.m. High, 44. Northwest wind 20 to 28 mph with gusts to 36 mph. Tonight, partly cloudy. Low, 28. New Town: Mostly cloudy with a 30 percent chance of rain, mainly before 7 a.m. High, 43. Northwest wind 18 to 26 mph with gusts to 33 mph. Tonight, partly cloudy. Low, 28. West wind 9 to 16 mph with gusts to 24 mph. Audit Bureau of Circulations Member Published seven mornings a week by THE MINOT DAILY Periodicals postage paid at Minot, N.D. (ISSN 0885-3053) POSTMASTER: Send address changes to THE MINOT NEWS. DAILY NEWS, P.O. Box 1150, Minot, N.D. 58702. Office located at 301-4th St. SE, Minot. Subscription Rates: For inquiries, call: Minot: For general information (8 a.m. to 5 p.m.) 857-1900 $18.15/month for carrier delivery Advertising 857-1920 or $16.55/month with Easy Pay $19.25/month for rural Minot motor route delivery or toll free 1-800-735-3119 or $17.55/month with Easy Pay Circulation 857-1910 North Dakota towns outside Minot or toll free 1-800-735-3117 $19.25/month for carrier delivery Advertising and Circulation Fax 701-857-1907 or $17.55/month with Easy Pay Newsroom 857-1950 Mail Subscription in North Dakota or toll free 1-800-735-3229 $21.65/month by USPS Mail Delivery $20.80/month with Easy Pay Newsroom Fax 701-857-1961 Mail Subscription outside North Dakota 857-1900 All other departments $27.90/month by USPS Mail Delivery or toll free 1-800-735-3119 www.minotdailynews.com YESTERDAY’S TEMPS ACROSS THE U.S. Saturday Saturday Sunrise, sunset Weather Underground • AP $27.95/month with Easy Pay For other subscription prices or delivery verification, please call 857-1910 or 1-800-735-3117. Steve Herron, Publisher – [email protected] If you fail to receive your home delivered copy of THE Bryan L. Obenchain, Editor – [email protected] MINOT DAILY NEWS by 6:30 a.m. Monday through FriJim Hart, Advertising Director – [email protected] day, or by 7 a.m. Saturday and Sunday, please contact Kolby Jensen, Circulation Director – [email protected] the Circulation Department at 857-1910 or 1-800-735-3117 Amy Boyle, Business Manager – [email protected] before 11 a.m. and a replacement will be delivered to you Joseph Hudson, Production Manager – [email protected] in Minot. After 11 a.m. or outside Minot, the newspaper B. Peter Ladendorf, IT/Creative Services Manager – will either be mailed or delivered the next day by carrier. [email protected] Circulation Department Hours: Mon.-Fri…………………………2 .5:30 a.m. - 5:00 p.m. Sat.& Sun…………………………...5:30 a.m. - 11 a.m. MHS Boys Cross Country Team Mile One Running Shop’s Our biggest sale of the year takes place on Black Friday. 50% off shoes of every brand including: Nike, Saucony, Asics, Mizuno, Brooks, and New Balance. Stop in and stock up. Gift Cards from Mile One make the perfect gift for everyone on your Christmas List. The Minot High boys completed their cross country season this year with the highest team placing in over a decade at the ND State meet. The Magicians scored five runners in the top 40 and earned a very impressive third place finish in the championships. The following team scorers are all Seniors at MHS: •Dylan Ellis - 18th place at state meet; season best 5K time 16:45; future plans to attend MSU for general ed. studies and transfer to NDSU or UND for accounting degree. •Sean Krill - 19th place at state meet; season best 5K time 16:49; plans on attending NDSU or NDSCS for engineering or electrical studies. •Andrew Beach - 21st place at state meet; season best 5k time 16:28; future plans to attend MSU for general studies and transfer to UND for petroleum engineering degree. •Billy Sartwell - 30th place at state meet; season best 5K time 17:04; planning on attending the University of Minnesota to earn a degree in business management. •Jordan Krill - 36th place at state meet; season best 5K time 17:33; plans on attending UND or NDSU to study engineering. Coach Klingbeil summed up the season with these words of wisdom “These boys knew the value of running, the thrill of competition, and that the purpose of athletics is to become better men and teammates. It’s just a bit more fun when you are fast.” 2900 10th Street SW (Just South of Dakota Square Mall) 701-837-MILE (6453) “Mile One...where every run begins.” Like us on Facebook A4 Minot (N.D.) Daily News, Friday, November 1, 2013 Friday, November 1, 2013, Minot (N.D.) Daily News A5 Buy $100 of Gift Cards Receive A $10 Gift Card FREE All 5 Stores Now Have Sushi From Sakura Friday-Saturday-Sunday, November, 1-2-3, 2013 Bakery Fresh In Our Deli Our Family Jumbo Sweet Holiday Red Vegetables Cut Green Beans, French Style Green Beans, Whole Kernel Corn, Cream Style Corn, or Sweet Peas. 14.5 15.25 oz. Fresh 39 4 ct. Muffins ¢ $ Seedless Grapes Twice Baked Potatoes 4 1 lb. 2/$ 3 99 $ In Our Deli Bakery Fresh Hunt’s Manwich Original Sloppy Joe Sauce Fresh General Mills Cheerios 15 oz. 14 oz. 3 79 Mini Cookies Tyson 30 ct., Choc. Chip, Peanut Butter, Vanilla & M&M. Boneless Wings $ Raspberries 6 oz. 3 lb. 3 2/$ ¢ 98 $ 99 98 1 $ 88 lb. Fresh Ground Daily In Our Deli Land O Lakes Our Family Onion Soup Mandarin Oranges 2 oz. 11 oz. Our Family Chocolate, Vanilla, Butterscotch or Tapioca 4 Pack 24 pack/.5 Liter 78 2 $ 2 $ 69 10 off Any Gallon of EasyCare® Paint at our True Value Location 9.8 - 10.9 oz. SAVE .50$ 5 lb. Cut Fresh Daily Cloverdale Tangy Summer Sausage Angus Pride Beef Rib Eye Steaks Party Pizzas Original or Garlic, 28 oz. SAVE $2.00 Value Pack SAVE $4.09 lb 99 99 2 $ 68 48 USDA Choice Totino’s Vanilla, Chocolate or Strawberry 4 ct. Spring Water ¢ 1 $ Protein Shakes Our Family Value Pack SAVE .80¢ lb Potato Salad Special K Hunt’s Snack Pack Ground Beef Marketplace $ 88 1 1 Pudding 59 oz. SAVE $2.77 2/$ 2/$ 85% Lean Orange Juice ¢ 8 $ 5 $ 89 lb. 98 Cut Fresh Daily $ Bellatoria Charmin Basic Crown Royal Maple or Crown Royal 750 mL. SAVE $10.56 $ NORTH HILL TRUE VALUE 2215 16th St NW Minot, ND 58701 11-1-13 to 11-3-13 857-4070 18 99 “Your Choice” Blue Moon, Batch 19 or 11.5 - 14.6 oz. SAVE $2.98 when you buy 2 12 $ 99 Clamato or Picante Juice 32 oz. 12 99 $ 5 2/$ Hormel Natural Choice USDA Choice Angus Pride Crystal Farms American Singles 12 oz. SAVE .70¢ $ 1 79 Boneless Pork Sirloin Chops Chuck Pot Roast Under Blade or Value Pack Under Blade Chuck Steaks SAVE $1.51 lb 3 $ or Country Style Ribs Value Pack SAVE .69¢ lb 48 lb. $ 2 29 lb. Truckload Buy $1.75 lb Mild - Flakey Frozen Motts Redd’s Apple $ Bathroom Tissue 36 Double Roll 12 Pack Bottles SAVE up to $5.26 1 99 Dakota Square Mall 701-838-8919 6am-12 Midnight, 7 Days/Week Prices effective Fri.-Sat.-Sun., Nov. 1-2-3, 2013 Sunday Brunch Pizzas Cass Clay Ice Cream Vanilla or NY Vanilla 4 qt., SAVE $2.18 Cass Clay Whipping Cream Atlantic Cod Fillets Wild Caught SAVE $1.31 4 99 Arrowhead Mall 701-839-7948 6am-12 Midnight, 7 Days/Week $ 1 69 1620 S. Broadway 701-837-4961 6am-12 Midnight, 7 Days/Week 5 lb. $ Boneless Hams 4 lb. Each SAVE $3.01 Pint, SAVE $1.30 $ Farmland Whole 88 2211 16th St NW 701-857-4060 6am-12 Midnight, 7 Days/Week 6 $ 98 1930 S. Broadway 701-839-7580 5am-12 Midnight, 7 Days/Week Large quantities available. All advertised items are while supplies last. No rain checks please. Quantity rights reserved. TALKING TODAY www.MinotDailyNews.com “He just decided he wanted to take some time off and do some introspection.” — Mark Geragos, attorney for Chris Brown, after the troubled R&B singer decided to be treated for anger issues. OPINION Friday, November 1, 2013 • Page A6 Phone: 1-800-735-3229; e-mail: [email protected] Virtual Newsroom: www.minotdailynews.com Working class appeal Minot Daily News Steve Herron, Publisher Bryan L. Obenchain, Editor OUR OPINION Good time to add Can we find a way out? officers We fully support the collaboration effort between the Minot Public Schools and the City of Minot to add two police officers who would serve as resource offices in the schools. The school district has committed to paying 75 percent of the salary and benefits of the two officers, in addition to a share of the equipment costs. The city included $13,000 in its budget to help obtain a federal grant TODAY’S TOPIC that fell through, Resource officers but that money could still be used OUR VIEW to help cover the The time is right costs of adding the for Minot to add positions. these officers in the The officers Minot Public would be stationed School District at Magic City Campus and Central Campus, but would also spend time at Jim Hill and Erik Ramstad Middle Schools. Minot is the only major city in North Dakota that does not have such officers, and it’s time that changed. The officers would bring a heightened sense of security in the buildings by simply being there on a regular basis. Their presence would be a constant reminder to students, parents and faculty that the district is taking security seriously, and the officers could also be utilized to educate students on the role of law enforcement in the community. The officers would also be on call to respond to the district’s elementary schools. With growing enrollments in Minot schools, the time is right to add the resource officers. It’s a positive step for the future of a growing school district. TO SUBMIT A LETTER: According to a recent Fox News poll, 73 percent of Americans are dissatisfied with the direction of the country, up 20 points from 2012. Americans sense that there’s a lot going wrong in our nation, but most don’t have a clue about the true nature of our problem. If they had a clue, most would have little stomach for what Walter would be necessary to arrest our national deWilliams cline. Let’s look at it. Between two-thirds and three-quarters of federal spending, in contravention of the U.S. Constitution, can be described as Congress taking the earnings or property of one American to give to another, to whom it does not belong. You say, “Williams, what do you mean?” Congress has no resources of its very own. Moreover, there’s no Santa Claus or tooth fairy who gives it resources. The fact that Congress has no resources of its very own forces us to recognize that the only way Congress can give one American one dollar is to first — through intimidation, threats and coercion — confiscate that dollar from some other American through the tax code. If any American did privately what Congress does publicly, he’d be condemned as an ordinary thief. Taking what belongs to one American to give to another is theft, and the receiver is a recipient of stolen property. Most Americans would suffer considerable anguish and cognitive dissonance seeing themselves as recipients of stolen property, so congressional theft has to be euphemized and given a respectable name. That respectable name is “entitlement.” Merriam-Webster defines entitlement as “the condition of having a right to have, do, or get something.” Let’s look at a few of these entitlements. More than 40 percent of federal spending is for entitlements for the elderly in the forms of Social Security, Medicare, Medicaid, housing and other assistance programs. The Office of Management and Budget calculates that total entitlement spending comes to about 62 percent of federal spending. Military spending totals 19 percent of federal spending. By the way, putting those two figures into historical perspective demonstrates the success we’ve had becoming a handout nation. In 1962, military expenditures were almost 50 percent of the federal budget, and entitlement spending was a mere 31 percent. The Congressional Budget Office estimates that entitlement spending will consume all federal tax revenue by 2048. Entitlement spending is not the only form of legalized theft. The Department of Agriculture gives billions of dollars to farmers. The departments of Energy and Commerce give billions of dollars and subsidized loans to corporations. In fact, every Cabinet-level department in Washington is in charge of handing out at least one kind of subsidy or special privilege. Most federal non-defense “discretionary spending” by Congress is for handouts. Despite the fact that today’s increasing levels of federal government spending are unsustainable, there is little evidence that Americans have the willingness to do anything about it. Any politician who’d even talk about significantly reining in unsustainable entitlement spending would be run out of town. Any politician telling the American people they must pay higher taxes to support handout spending, instead of concealing spending through deficits and running up the national debt and inflation, would also be run out of town. Can you imagine what the American people would do to a presidential candidate who’d declare, as James Madison did in a 1794 speech to the House of Representatives, “Charity is no part of the legislative duty of the government”? If we are to be able to avoid ultimate collapse, it’s going to take a moral reawakening and renewed constitutional respect — not by politicians but by the American people. The prospect of that happening may be whistlin’ “Dixie.” Minot Daily News P.O Box 1150 Minot, N.D. 58702 or Use the Virtual Newsroom at www.minotdailynews.com or Email us at: [email protected] Letters must include writer’s first, middle and last names, address and telephone number. Address and phone number are not published, but are used for verification purposes. Hey, GOP: Put on a happy face “Bye Bye Birdie” is an old musical that survives in high school productions and in some people’s memory bank. It debuted on Broadway in 1960 and was made into a film in 1963. One of the songs from the show might serve as an inspiration, if not a theme, for Republicans in the winter of their discontent over President Obama and congressional Democrats: “Put on a Cal Happy Face.” Thomas A problem Republicans have had since the “glory days” of Ronald Reagan is that too many have forgotten how to be positive and affirming. Nobody likes to be around a sourpuss. Polls indicate that a growing number of us are tired of President Obama’s nonstop TV appearances and his view that government is our nanny and will take care of everyone, except the rich and successful, who must be punished for being rich and successful with higher taxes and more regulations. John F. Kennedy struck the right note in his 1960 presidential campaign. “We can do better,” he said. While he was critical of the policies of President Eisenhower and Vice President Richard Nixon, Kennedy focused mostly on the future. Americans are aware of the problems. They want to be told how they can best be solved. They also remember there was a time when we did better. This was the true spirit of Ronald Reagan, whom Republicans like to identify with, but too many don’t emulate. Consider Reagan’s perfectly crafted State of the Union Address on Jan. 25, 1984. Reagan first recalled the recent past: “As we came to the decade of the ‘80s, we faced the worst crisis in our postwar history. In the ‘70s were years of rising problems and falling confidence. There was a feeling government had grown beyond the consent of the governed. Families felt helpless in the face of mounting inflation and the indignity of taxes that reduced reward for hard work, thrift, and risk-taking. All this was overlaid by an ever-growing web of rules and regulations. “On the international scene, we had an uncomfortable feeling that we’d lost the respect of friend and foe. Some questioned whether we had the will to defend peace and freedom.” Then came the pivot. Having reminded voters of the problem, Reagan reached deep into America’s soul, tapping into a blocked vein of optimism: “But America is too great for small dreams. There was a hunger in the land for a spiritual revival, if you will, a crusade for renewal. The American people said: ‘Let us look to the future with confidence, both at home and abroad. Let us give freedom a chance.’ “Americans were ready to make a new beginning....” Too great for small dreams. What an inspirational line. Reagan believed the strength of America was not in Washington, but in the people. If the people can catch that larger vision, he believed, they could fulfill their greater dreams. This is what too many Republicans seem to have forgotten. They debate the size and cost of government, but ignore the one thing that will reduce that size and cost more than anything else: self-reliance. To paraphrase that famous line from Kennedy’s inaugural address: Ask not what your country can do for you, ask what you can do for yourself. Liberty isn’t just a word that ought to be applied to governmental structures. Liberty is mainly individual: liberty from debt; liberty from dependence on others; liberty to make personal choices and not be dictated to by government. Got it, GOP? Altogether now: “Take off the gloomy mask of tragedy, It’s not your style; You’ll look so good that you’ll be glad Ya’ decided to smile!” An added benefit is that Democrats will wonder what you’re up to. The spectacularly dreadful debut of Obamacare represents the greatest political opportunity for conservatism and the Republican Party in two generations. Big government stands rebuked. It has overreached, overpromised, and, embarrassingly, failed to deliver. Even if the website’s gremlins Mona are banished, and even if Obamacare Charen purrs along like a BMW from now on, voters will be disillusioned. They will be disappointed because the president and his party promised that the program would provide coverage to the uninsured, expand the services provided at no charge to customers, cover those with pre-existing conditions, oblige insurers to keep adult children on their parents’ policies, remove lifetime caps, and offer free preventive care. At the same time, (set ital) no one would pay a penny more (end ital) (In fact, everyone’s premiums would decline by $2,500.), and no one would lose access to the plan they were happy with or be obliged to switch doctors. Oh, and not a dime would be added to the deficit. It’s been said that the Democrats are the Santa Claus party. For generations, they’ve succeeded politically by delivering benefits and sending the bill to future generations. That is how we’ve accumulated a national debt that is, according to the commission appointed by President Obama, north of $86 trillion. (Republicans have contributed as well.) If Democrats had structured Obamacare the same way — benefits now, costs put off into the indefinite future — they would not be in immediate trouble. But Republicans had succeeded in influencing the political culture enough that Democrats feared they could not pass another new entitlement (even one relying solely on Democratic votes) that did not at least pay lip service to deficit neutrality. That’s how they came up with the convoluted tangle of exchanges, subsidies, mandates, taxes, regulations, and Medicaid expansion that is currently nose-diving. Because Democrats attempted to keep Obamacare deficit-neutral, someone had to pay. Voters might have thought that privilege would go only to the rich. But substantial numbers of middle-income Americans are finding that the new law, rather than delivering a benefit, is taking something away from them. Some are losing money, as their premiums rise; others are losing coverage, as their plans are cancelled. Voters may accordingly be newly receptive to the Republican message of skepticism about big government. Writing in The American, Henry Olsen scans Andrew Levison’s new book “The White Working Class” for clues about how Republicans can appeal to this group. Levison, a liberal, hopes to help Democrats craft their messages, but his research is consistent with that of Sean Trende of RealClearPolitics and others suggesting that white voters without college degrees are more hostile to free enterprise and small government than many Republicans would like to believe. Members of the white working class, Olsen notes, are “suspicious of the idea that business leaders and financial experts have their interests at heart.” Working class whites strongly oppose free trade, immigration, and even (by 50-39) attempts by government to encourage “traditional morality.” Sean Trende calls them Perot voters. They don’t support the idea of big government, but they believe government should do more to help the needy, even if it means increasing deficits. Half agree that the poor’s lives are hard because government benefits don’t go far enough. These voters don’t identify with the Republican message of entrepreneurship and “You built it.” They are not especially ambitious but instead want a secure job and reliable government services. They’re offended when slackers, illegal immigrants and other non-deserving groups get government support (and that includes bankers and big business). This is not to suggest that Republicans simply parrot what voters tell pollsters. There is always room for leadership, persuasion and principle. But Republicans cannot begin to take advantage of the political opening created by the disappointment of Obamacare and craft an effective message of Republican reform until they’ve shed some outdated assumptions about the electorate. From Page A1 Friday, November 1, 2013, Minot (N.D.) Daily News Cross-border drug tunnel equipped with rail system SAN DIEGO (AP) — A tunnel designed to smuggle drugs from Tijuana, Mexico, to San Diego is equipped with electricity, ventilation and a rail system, U.S. authorities said Thursday, making it one of the more sophisticated secret passages discovered along the U.S.Mexico border. Authorities seized more than 8 tons of marijuana and 325 pounds of cocaine in connection with the discovery, U.S. Immigration and Customs Enforcement said. Three suspects were in U.S. custody. The tunnel links warehouses in Tijuana and San Diego's Otay Mesa industrial area. The area is filled with nondescript warehouses, making it easier to conceal trucks being loaded with drugs. The tunnel was found Wednesday and completed only recently, ICE said. Au- Kalmio Continued from Page A1 cross-examine witnesses is endangered when testimony is admitted at a trial which may be hearsay,” Myhre wrote in his appeal brief. Essentially, argued Myhre by phone and through his writing, the trial court in Ward County had erred in their use of using rules outlined in the 2011 North Dakota case Schumacher v. Schumacher, which was a civil proceeding for a divorce, rather than the case suggested by Kalmio’s thencounsel as the basis for allowing hearsay evidence, the 2004 Minnesota criminal case Bernhardt v. State. “Essentially there’s a difference between civil and criminal cases because there’s a higher burden of proof,” Myhre said by phone. Several witness testimonies during the criminal trial of Kalmio cited things that they had heard others say, rather than conversations or actions that they directly witnessed. Some of that material involved earlier alleged assaults on Kalmio’s former girlfriend, Sabrina Zephier, who was one of the four murder victims. “Kalmio objected to all of the statements on the grounds that all of the statements were hearsay; he was never formally charged with assaulting the victim; and the individuals testifying did not Flood Continued from Page A7 By Thursday afternoon, the skies had cleared in much of the state and a warm sun was shining, meaning most youngsters didn't have to rethink trick-or-treating. Their parents might, however. The Texas Department of Public Safety warned parents and trick-or-treaters "to be prepared for continued rising water and flooding." First Independent Baptist Church in south Austin had hoped to attract 2,500 students Thursday night to a fall festival featuring booths and music on the church grounds. "I think people will be here tonight, working," pastor Daniel Trinidad said of his church, where head-high floodwaters washed away an outdoor baptismal deck and reduced the vestibule to a soggy mess of water-logged pews and mud. Community members were sweeping water out of the building and trying to dry framed artwork and church documents. "They want to help out, not do Halloween," Trinidad said. Elsewhere, Austin's Office Continued from Page A1 throughout excavation. Moen said that excavation won’t begin on the south wing, or the wing closest to the Ward County Courthouse, until next spring because the cold weather of winter will make the ground too firm to work on. The north wing may have been the wing to start on, though, because the south wing of the building’s internal wall will be rounded and it takes more time to pour a rounded wall than it does to pour a straight wall. “Right now we’re just pouring foundations, it’s kind of routine,” Moen said of the project. thorities did not say exactly when it was built or whether drugs are believed to have gotten through undetected. As U.S. border security has heightened on land, Mexican drug cartels have turned to ultralight aircraft, small fishing boats and tunnels. More than 75 underground passages have been discovered along the border since 2008, designed largely to smuggle marijuana. The tunnels are con- centrated along the border in California and Arizona. San Diego is popular because its clay-like soil is easy to dig. In Nogales, Ariz., smugglers tap into vast underground drainage canals. The tunnel is the eighth major passage discovered in San Diego since 2006, a period during which Mexico's Sinaloa cartel has solidified its hold on the prized smuggling corridor. ICE said Wednes- day's tunnel was the first in the San Diego area that was found to be used for cocaine. U.S. and Mexican authorities did not disclose the dimensions of the tunnel. In November 2011, authorities found a 600-yard tunnel that resulted in seizures of 32 tons of marijuana on both sides of the border, with 26 tons found on the U.S. side, accounting for one of the largest pot busts in U.S. history. The tunnel was equipped with electric rail cars, lighting and ventilation. Wooden planks lined the floor. On Thanksgiving Day of 2010, authorities found a roughly 700yard passage equipped with rail tracks that extended from the kitchen of a Tijuana home to two San Diego warehouses, netting about 22 tons of marijuana on both sides of the border. this murder case, the time of the homicides could be specified within a certain range of time, and this case was literally an all-or-nothing venture, in that if the State could not prove Kalmio was present in Minot on January 28, 2011, its entire case would fall,” Myhre wrote in his brief. Myhre does state, though, that there was no argument that Kalmio’s initial defense did not submit an alibi defense filing. Dillon agrees that the defense did not file an alibi defense pursuant to Rule 12.1. “Refusal to give an alibi instruction is harmless error where the defendant raised his claimed alibi in closing; the government did not mention the claimed alibi in rebuttal, but instead relied on other compelling evidence; the court gave several instructions regarding the government’s burden of proof as to each and every element of the offense; and other evidence of the defendant’s guilt was substantially stronger than the relatively weak evidence of the defendant’s claimed alibi,” Dillon wrote in her brief. The final argument has to do with a Microsoft PowerPoint presentation used by Dillon in her closing argument in Kalmio’s trial. The presentation was used to summarize the facts of the case for the jurors. Such presentations, while common in court proceedings, are not construed as evidence but simply tools. Still, her slides initially did contain cartoon depictions of blood drops and a silhouette of a man holding a pistol. Kalmio defense attorney Thomas Glass, of Bismarck, had motioned for a mistrial due to the slides and what he had refered to as “borderline prosecutorial misconduct.” In his brief, Myhre argues that the cartoon pictures were “intended to inflame the jury and prejudice the defendant.” At trial, Mattson had denied the motion for mistrial but used “curative instruction” in an attempt to fix the matter. He ordered Dillon to remove the offending content from the slides before continuing her argument. “Curative instruction” is a legal term for any instruction used to remove alleged prejudice from tainted evidence or other smaller procedural grievances and is a move generally believed to be preferable to mistrial. “Motions for mistrial are left to the discretion of the trial court and will not be reversed ‘absent a clear abuse of discretion or a manifest injustice,” Dillon wrote in response in her brief. “’Granting a mistrial is an extreme remedy which should be resorted to only when there is a fundamental defect or occurance in the proceedings that makes it evident that further proceedings would be productive of manifest injustice.’” across the road, I realized how bad an idea it was," said Loyless, who hours after her rescue was wrapped in a firefighters' blanket and waiting for the water to recede so she could get back into her home. Mike Brown, 54, was still barefoot as he waited for permission to return to his trailer, which he thinks will be a total loss. The auto-salvage yard employee said he awoke to water all around him — even seeping into his bed. "My possessions were floating around," he said. "I AP Photo opened my door and swam Austin fire rescuers go through a neighborhood in out." search of anyone in need in Austin, Texas, on On a front lawn nearby, landscaper Lee Dufrene was keeping watch over three small horses from a local ranch. He and others led another 15 larger horses to high ground, but when floodwaters crested, the animals were gone. "I woke up at three-thirty to the sound of horses plunging through the water," said Dufrene, who choked back tears when he talked of his missing 1-year-old horse, Sunny. The horses might have run away and then rescued by emergency crews, but he didn't know. "I've still got hope," Dufrene said. witness the victim’s alleged assault and therefore did not have any firsthand knowledge,” the brief asserts. Prosecuting attorney Kelly Dillon, the Deputy State’s Attorney for Ward County, declined to comment by phone on her strategies for challenging the questions raised in Kalmio’s appeal. She did, however, make her counterarguments known in her own brief. For the hearsay she said the court used the Schumacker case because some of the hearsay testimony had largely to due with domestic violence situations between Zephier and Kalmio, in order to show evidence “of the victims’ states of mind through testimony of individuals who had spoken with the victims in the days prior to the murders, and of Kalmio’s prior bad act of removing his child from his mother’s home.” The second point challenged by Kalmio is what Myhre described as “denial of alibi.” In short, this argument challenges procedural duties involving an alibi, or argument that a defendant could not have been at the location of a crime or was physically incapable of committing an alleged crime. In a rule refered to by the shorthand “Rule 12.1,” “a defendant who intends to offer an alibi defense must serve written notice on the prosecuting attorney of any intended alibi defense and file the notice within the time provided for the making of pretrial motions or afterward as the court directs.” Myhre explained this challenge in that, without Kalmio filing an alibi defense, prosecutors still tried him in a circumstantial manner, alleging he could not have been at an oil rig work site in Williston at the time of the event as though his defense was legally based upon the prospect of his being at the site. “Here, the State’s entire circumstantial case is based upon a fairly tight timeline in which it asserted Kalmio could have traveled from outside of Williston to Minot; killed four people in two different locations; and returned unnoticed by others to where he was staying at his work site outside of Williston,” the brief asserts. Myhre argues that the North Dakota case, 2006’s Stave v. Sevigny, that was used to uphold this line of questioning was grossly different in circumstances. That case involved the defendant being denied the ability to argue an alibi for one of his two charges of gross sexual imposition against a minor child by saying he had not been in town on that date because his defense had not submitted a filing for an alibi defense. “This instant case can easily be distinguished from Sevigny because, unlike that case, time was an element of Thursday. Heavy overnight rains brought flooding to the area. Onion Creek overflowed, trapping Sabrina Loyless' neighbors atop their car. Loyless was awakened around 5 a.m. by their screams for help, and the 30-year-old tried to wade across the street — but ended up clinging to tree branches. "When I got about halfway Blake Krabseth Comedian/ Magician 701-720-1786 blakekrabseth.com BBH Insurance Inc. Tamara Hleiva Stacey MacClennan A7 Calif. judge decides to send boy to state lockup RIVERSIDE, Calif. (AP) — A California judge ruled Thursday that a 13-year-old boy who was 10 when he killed his neo-Nazi father will spend at least the next seven yearsinastatejuvenilefacility. Judge Jean R. Leonard said the maximum the boy can serve would be until he is 23. He'll be eligible for parole in seven years. The decision came after prosecutors and defense attorneys argued for months about the best placement to assure his safety and rehabilitation. The judge said she had spent a long time considering the case and decided it was proper to commit the boy to the California Division of Juvenile Justice. "This is an individual with exceptional needs," she said. The judge said the boy is currently being treated with psychotropic medications and she authorized that to continue for 60 days until he is reevaluated. While the judge noted that the sentence for the murder of his father would be 40 years to life if he was an adult, the prosecutor said outside court that the boy cannot serve that long because he is a juvenile. His attorneys said the boy was severely abused and has serious emotional and learning disabilities from a brutal and twisted childhood. The Riverside County boy shot Jeffrey Hall, 32, at point-blank range as he slept on a sofa on their home on May 1, 2011, after a night of drinking. The boy told police he was afraid he would have to choose between living with his father or stepmother if they divorced. The judge issued a seven-page ruling that she did not immediately release. The boy, neatly dressed in a vest and white shirt, his blonde hair plastered down, peered at the judge's written ruling as she read from it. He showed no reaction but his lawyer, Punam Grewald, told The Associated Press he had called her two days ago and "he asked me 'are things going to get better?'" She said she replied, "Theywill,butnotrightnow." Grewald said she was not surprised at the ruling, which she said was mandated by the decision that he was guilty of second-degree murder. Make Your Home for the Holidays memorable • Tree Decor • Floral Designs • Unique Gifts • Home Accents from Hours: Mon.-Fri. 9am-5:30 pm Sat. 9am-4pm 1021 20th Ave. SW • 838-6476 (next to Ryan GMC) Homespun Holiday OPEN HOUSE Nov. 8 th , 9 th & 10 th Your Culinary Super Store! 122 S. Main St. Downtown Minot 839-8928 www.gchef.com The Doctor’s in... Robert Dicken, MD, a board-certified Ophthalmologist, will be seeing patients at Trinity Regional Eyecare Minot Center on November 8 & 15. Call (701) 852-3937 to make your appointment. 900 N. Bdwy, Ste. 212 Minot, ND 58703 Mount Vernon Building 701.837.1254 Devils Lake www.trinityhealth.org Robert A. Dicken, MD Ophthalmology November 8 & 15 Trinity Regional Eyecare Minot Center Plaza 16 2815 16th St SW, Suite 102 Minot, ND 58701 (701) TLC- EYES (701) 852-3937 Turkish MPs enter parliament with headscarves A8 Minot (N.D.) Daily News, Friday, November 1, 2013 ISTANBUL (AP) — Four female lawmakers wearing headscarves walked into Turkey's parliament in Ankara on Thursday, marking an end to the ban on the Muslim symbol in the chamber that was imposed in the early days of the Turkish Republic. Still, the issue of where women can wear headscarves remains highly charged in this Muslim-majority country, 92 bodies of migrants found in Niger DAKAR, Senegal (AP) — Nearly 100 African migrants hoping to escape crushing poverty met a grisly end in the desert, officials said Thursday, dying of thirst under the baking sun after their two trucks broke down in the middle of the Sahara before reaching Algeria. It took weeks for authorities to learn of the tragedy and for recovery teams to reach the distant site, where they found a gruesome scene including the remains of 52 children and 33 women. "It was horrific. We found badly decomposing bodies and others that had been eaten by jackals," said Almoustapha Alhacen, the head of a nonprofit organization in northern Niger that helped bury the bodies and who was at the site Wednesday. "We found the bodies of small children who were huddled beside their dead mothers." The victims were spread out across a 12-mile radius, suggesting they had set off on foot but failed to head in the direction of the Algerian border just 6 miles away, he added. The tragedy is the latest to shed light on the perils of illegal migration. In early October, at least 365 migrants drowned when a boat capsized near the Italian island of Lampedusa, which is closer to North Africa than to the European mainland. The migrants in Niger had begun their journey late last month in two trucks and were being smuggled along a well-established trafficking route to neighboring Algeria, said Col. Garba Makido the governor of Niger's Agadez province, south of where the bodies were found. From Algeria, many continue on in hopes of crossing from North Africa to southern Europe. While nearly all who take this desert route are economic migrants, it was not immediately clear why so many women and children were among the victims. Officials were alerted to the migrant deaths only when a lone woman managed to stumble out of the desert into the Nigerien town of Arlit earlier this month. The next day, a father walking with his two young daughters also arrived. But his children perished of thirst just a few kilometers (miles) outside Arlit, Makido said. A total of 92 people died and 21 survived, most of whom made their way to towns at the Algerian border. "This is a true tragedy," the governor said. "The prosecutor has opened an investigation and we plan to do everything we can to find the truck drivers." First word of the disaster came Monday when officials reported that 35 people died but the death toll rose when more bodies were recovered from the desert. The tract of land that runs across the continent just south of the vast Sahara desert has for decades been the province of smugglers and criminals, including the local chapter of al-Qaida. Tens of thousands of West African migrants attempting to reach Europe each year have tapped into this perilous route, after authorities cracked down on sea routes via the Atlantic Ocean. They travel from countries across West Africa to the Nigerien city of Agadez where they pay smugglers as much as $3,000 for transport to Europe. Migrants are ferried across the ocean of sand in rickety trucks, braving one of the harshest landscapes on earth for a chance at reaching Europe. which was founded in 1923 under strictly secular principles, but where a desire for public religious expression has spread in recent years. The restrictions on headscarves in government buildings were loosened as part of reforms aimed at boosting democracy unveiled by Prime Minister Recep Tayyip Erdogan in September. The ban remains in place for U.S./World judges, prosecutors, and military and security personnel. The four lawmakers — Sevde Beyazit Kacar, Gulay Samanci, Nurcan Dalbudak and Gonul Bekin Sahkulubey — are members of Erdogan's Justice and Development Party, abbreviated as AKP, which has Islamist roots and has gained a strong following in this nation of 74 million. The AKP's reform package has been criticized by Turks fearing the rise of Islam in the official sphere, but lawmakers from the main secular opposition party, CHP, said it had decided not to react to the four lawmakers' actions Thursday, although some of its members accused the ruling party of trying to exploit the issue for political gain. The CHP was formed by Turkey's founding father, ter at the time, Bulent Ecevit, told lawmakers to "put this woman in her place." Kavakci left the building while some of her colleagues chanted for her to "get out." Kavakci lost her seat in 2001. AKP lawmakers cast the ban on headscarves as a civil rights issue that had prevented religious women from expressing themselves freely in Turkish politics. Mustafa Kemal Ataturk, who championed headscarf bans in the 1920s. The secularists' relatively cool reaction Thursday contrasted with outrage at an earlier incident involving headscarves in parliament. In 1999, a newly elected member of parliament, Merve Kavakci, tried to take her oath while wearing a headscarf. The left-leaning prime minis- ExtremeValues Laminate Select style in-stock laminate 2 $ 99 Sale Sq. Ft. w/Pad LVT Vinyl Armstrong Alterna. Many colors to choose from. In-stock selection only. 3 $ 99 Sale Carpet Several in-stock rolls. Excellent values. Starting At... Sq. Ft. $ Sale .99 Sq. Ft. Textured Saxony nylon in three beautiful in-stock colors. Regular $5.49 2 $ 49 Sale Sq. Ft. Check out our new and exciting website at www.ikeatingfurniture.com No. 10 South Broadway, Minot 852-3536 • Toll Free 1-800-253-2846 Open Mon.-Thurs. 10 am-8 pm; Fri. & Sat. 10 am-6 pm; Sun. 12 Noon-5 pm NO INTEREST IF PAID IN FULL WITHIN 12 MONTHS* on purchase of $599 or more with your Carpet One credit card made between 11/1/13 – 11/30/13. Interest will be charged to your account from the purchase date if the promotional balance including optional charges is not paid in full within 12 months or if you make a late payment. Minimum monthly payments required. *Offer applies only to single-receipt qualifying purchases. No interest will be assessed on the promo purchase if you pay the promo purchase amount in full within 12 months. If you do not interest will be assessed on the promo purchase from the purchase date. However, if account become 60 days past due, promo may be terminated early, accrued interest will be billed, and regular account terms will apply. Regular account terms apply to nonpromotional purchases and after promotion ends to promotional balance. For new accounts: Purchase APR is 29.99%. Minimum Interest Charge is $2. Existing cardholders should see their credit card agreement for their applicable terms. Subject to credit approval. Previous purchases excluded. Cannot be combined with any other promotion or discount. At participating stores only, not all products available at all locations. Photos for illustrative purposes only. Not responsible for typographical errors. Labor, pad and installation not included. A deposit equal to 20% of the purchase price and an amount equal to the sales tax plus delivery charges is required and is not eligible for this credit promotion. Customary deposit required on special orders. Expires 11/30/13. Visit us online at www.MinotDailyNews.com