Leader-Herald PDF

THURSDAY, DECEMBER 4, 2014
New bridge
VOL. 59 NO. 338 TWENTY PAGES
Trial
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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
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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.
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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:
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Photo submitted
SCAD Professors Chance Farago, left, and Meghan Woodcock, right, are greeted at Lexington by, from left, Patrick
Foote, Flame lead singer Michelle King and Lexington Executive Director Shaloni Winston.
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 manich@leaderherald.com.
Wishing you and
your family a safe
and happy holiday
season!
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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 •
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The Leader-Herald – 7A
News
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Presented
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110 Decker Drive, Suite 210, Johnstown
Jobless aid applications fall
725-3400
BUSINESS REPORT
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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