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
fmccolgan@minotdailynews.com
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
fmccolgan@minotdailynews.com
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 – sherron@minotdailynews.com
If you fail to receive your home delivered copy of THE
Bryan L. Obenchain, Editor – bobenchain@minotdailynews.com
MINOT DAILY NEWS by 6:30 a.m. Monday through FriJim Hart, Advertising Director – jhart@minotdailynews.com
day,
or by 7 a.m. Saturday and Sunday, please contact
Kolby Jensen, Circulation Director – kjensen@minotdailynews.com
the Circulation Department at 857-1910 or 1-800-735-3117
Amy Boyle, Business Manager – aboyle@minotdailynews.com
before 11 a.m. and a replacement will be delivered to you
Joseph Hudson, Production Manager – jhudson@minotdailynews.com 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.
pladendorf@minotdailynews.com
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: news@minotdailynews.com
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:
news@minotdailynews.com
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