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Even if it's cruel to cage calves in tiny pens, it's not something a private citizen can do anything about, an appeals court ruled in a Valley case that has caught national attention. It's a local suit similar to the national case that led to the biggest recall of beef in American history Sunday. Like the national case, the Valley case caught widespread attention because of disturbing video of the treatment of cattle. You can see the Animal Legal Defense video here. To see the national case video, click here. Unlike the national case, the Tulare County suit died a quiet death in a Fresno appeals court Friday when justices ruled a private animal rights group can't sue to enforce criminal laws. The Animal Legal Defense Fund and two individuals sued the Mendes Calf Ranch, claiming its operators were breaking animal cruelty laws by jamming thousands of newborn calves into pens no larger than crates. The calves are born to milk cows at local dairies, and taken from their mothers’ hours after birth. More than 12,000 calves from 80 dairies live in the shed-like rows of pens at the Mendes Ranch. ''The calves are confined to isolation crates for up to 60 days at a time,'' the justices wrote in their opinion. ''Each crate is barely bigger than the calf and is not large enough to permit the calf to turn around or lie in a natural position for periods of rest,'' the opinion said. ''Only the bottoms of the crates are regularly washed, and fecal matter and other materials are washed from the top and sides of the crates only upon a change of the occupant.'' The Animal Legal Defense Fund said that kind of treatment is a crime. The ALDF asked a court to stop the practice. Two Stanford University law students also sued. Kristin Burford and Kristina Flipovich said they buy dairy products and, as consumers, have a right to products that are produced in accordance with law. An attorney for the ranch disputed the cruelty charge. ''The calves are raised in accordance with industry standards and guidelines issued by veterinarians and health care specialists for animals,'' said lawyer Howard Sagser. ''They use the crates to make sure the animals get their fair share of food and the larger animals can't crowd them out, and for disease control purposes,'' he said. The appeals court did not rule on the issue of cruelty, but threw the case out on questions of law. Justices said that when the Legislature created the animal cruelty law, legislators intended for it to be used by law enforcement officers, not by special interest groups. Justices also ordered the plaintiffs to pay the legal costs of the Calf Ranch. To read the opinion is Animal Legal Defense Fund, et al. v. Victor L. Mendes, et al, click here, or to see the PDF, click here. If you would like to visit the ALDF webpage, logon to www.aldf.org/mendes.
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Should the state be able to stack sex offenders in the same motel? Here's the script to our story.
A 17 NEWS INVESTIGATION:
TWO YEARS AGO, CALIFORNIA VOTERS OVERWHELMINGLY PASSED JESSICA'S LAW.
IT PLACES RESTRICTIONS ON WHERE REGISTERED SEX OFFENDERS CAN LIVE.
BUT THE LAW MAY BE HAVING A NASTY SIDE-EFFECT.
WITH MUCH OF THE COMMUNITY OFF-LIMITS, THE PAROLE DEPARTMENT HAS TURNED TO STACKING THE OFFENDERS IN CHEAP BAKERSFIELD MOTELS, OFTEN TO THE SURPRISE OF THE MOTEL'S NEIGHBORS.
[TAKE PKG
OUTCUE: PKG Outcue HERE
ITEM TIME:0:00] {***PKG***}
[CG :AAA NameTitle 1 Line\Molester Motel\20 Offenders Living In Same Place]
THE BAKERSFIELD LODGE ON UNION AVENUE WAS A WELCOME REST TO WEARY DRIVERS DECADES AGO.
TODAY, IT HAS BECOME A HAVEN OF A DIFFERENT VARIETY.
[CG :AAA NameTitle 1 Line\Leticia Chavez\Lives Near Lodge]
That's ridiculous. Something needs to be done. There are too many there. There are too many kids in our neighborhood. {quick}
20 REGISTERED SEX OFFENDERS NOW CALL THIS MOTEL HOME, AFTER THE PAROLE DEPARTMENT PLACED THEM HERE IN ABOUT HALF OF THE ROOMS.
This is a list of 20 registered sex offenders living in that motel.
Oh, is that right?
Yeah, at the Bakersfield Hotel.
Did you know that?
[CG :AAA NameTitle 1 Line\Alex Gomes\Lives Near Motel]
No. I had no idea.
OFFENDERS LIKE CHRIS DELCAMBRE, CONVICTED OF LEWD AND LACIVIOUS ACTS WITH A CHILD UNDER 14 AND INDECENT EXPOSURE.
THE HOTEL SITS RIGHT NEXT TO THE FAIRGROUNDS, THAT COME SEPTEMBER WILL BE PACKED WITH KIDS.
RESIDENTS SAY THE NEIGHBORHOOD BEHIND THE MOTEL IS ALREADY THAT WAY EVERY DAY AFTER SCHOOL.
[CG :AAA NameTitle 1 Line\Aaron Byrum\Lives Near Motel]
That's not right, I mean, like I mean I do have a 3-year old. As a matter of fact, yeah, I know that guy. I mean, I don't know him, but I've seen him.
MOST OF THE OFFENDERS LIVING HERE ARE CHILD MOLESTERS IN THE HIGH RISK CATEGORY...DEEMED SO RISKY BY THE STATE THAT MOST ARE REQUIRED TO WEAR A GPS ANKLE BRACELET TO TRACK THEIR EVERY MOVE.
[CG :AAA NameTitle 1 Line\John Bailey\Parole District Administrator]
You can't put them in a whole lot of places, our options are very limited.
JOHN BAILEY IS DISTRICT ADMINISTRATOR FOR THE PAROLE DEPARTMENT.
We try to find an area that is more of a commercial, industrial-type area, and we think that would be better and more received by the community. Do you think the Bakersfield Lodge fits into that category? I think so.
RESIDENTS DON'T.
THEY'RE WORRIED ABOUT THE SHEER NUMBER.
I know, we see quite often on the news, where to place them. But if they don't want to be discriminated against, they shouldn't commit the crime in the first place.
CALIFORNIA VOTERS PASSED JESSICA'S LAW IN 2006, THAT REQUIRES HIGH-RISK OFFENDERS TO BE TRACKED WITH GPS AND PREVENTS THEM FROM LIVING WITH 2000 FEET OF A SCHOOL OR PARK.
{BUTT}I have three other residential complexes that I am working on right now. I just don't want to put these... I want to keep control of the population, and so I don't want to just put them here there everywhere...I want them so that my agents know where they are.
SO WE WANTED TO KNOW WHAT THE OFFENDERS THINK ABOUT THEIR LIVING SITUATION.
WE KNOCKED ON DOOR AFTER DOOR.
Nats
AT SOME THERE WAS NO ANSWER.
Nats
AND AT TWO OF THE ROOMS, WE RECEIVED THIS RECEPTION.
Nats
THEN, WE WALKED UP TO ALFRED COLEMAN, CONVICTED OF A SEX CRIME TWENTY YEARS AGO.
I was in that category before. I was in that category, but I am not anymore.
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A PARENT IN FLORIDA IS HOPING HER ELEMENTARY SCHOOL STUDENT LEARNED HIS LESSON, AFTER HE WAS RUDE TO HIS TEACHER.
AS ROGER WEEDERHAS REPORTS, THE BOY'S MOTHER MADE HIM HOLD UP A SIGN APOLOGIZING FOR HIS BEHAVIOR.
HOLDING A SIGN SAYING "I WAS RUDE TO MY TEACHER" HAD THIS SECOND GRADER ON THE CORNER WITH HIS MOTHER...MARCIA HARVEY NEARBY.
HIS ACTIONS IN THE CLASSROOM AT BRENTWOOD ELEMENTARY..ACTING UP..HAD MOM TAKING ACTION OF HER OWN.
"I love my son very much," Marcia Harvey said. "So I decided to have him hold a sign up to let him know what attention he was really attracting and let him know that he had lost his rights."
THE WRITING ON HIS SIGN ALSO SAID I WILL MAKE GOOD CHOICES.
"I got to be good in school," Roland Harvey.
THE 12 YEAR OLD GOT ENCOURAGEMENT TOO...TO DO THE RIGHT THING. A GARBAGE MAN WHO DROVE BY TOLD HIM TO BE GOOD.
"I want to see him be successful in life. This is something I thought that would maybe get his attention," Marcia Harvey said.
THE KIND OF ATTENTION MOM HOPES CHANGES BEHAVIOR.
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Actor Heath Ledger has died. A New York Police Department spokesman says the "Brokeback Mountain" star was found dead at what is believed to be his Manhattan apartment. Authorities say Ledger's death may be drug-related death. The Australian-born actor was 28.
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Fred Thompson is out. The Republican actor-politician is dropping his bid for the presidential nomination after a series of poor finishes in early primaries and caucuses. Thompson hasn't said whether he'll endorse any of his former rivals.
In his statement, Thompson says, "I hope that my country and my party have benefited from our having made this effort." My question: what effect did Thompson have on this race?
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The Federal Reserve is signaling that more cuts could come after it unexpectedly slashed a key interest rate by a bold three-fourths of a percentage point. The stock market fluctuated throughout the day before making a partial rebound. The Dow closed down 128 points Tuesday. So, my question is: will the rate cut work long-term? Will the president's tax break/rebate work? What will you do with the rebate check if and when it comes?
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President Bush has exempted the Navy from an environmental law so it can continue using sonar in its anti-submarine warfare training off the California coast - a practice critics say is harmful to whales and other marine mammals.
The White House announced today that Bush signed the exemption yesterday while traveling in the Middle East.
In a memorandum, Bush says the Navy training exercises, including the use of sonar, "are in the paramount interest of the United States" and its national security.
The decision is drawing immediate criticism from environmentalists who had fought to stop the Navy's sonar training.
Joel Reynolds of the Marine Mammal Protection Project at the Natural Resources Defense Council says the president is flouting the will of Congress, the decision of the California Coastal Commission and a ruling by the federal court.
A federal judge in Los Angeles had issued a preliminary injunction earlier this month requiring the Navy to create a 12-nautical-mile, no-sonar zone along the California coast and to post trained lookouts to watch for marine mammals before and during exercises. Under the order, sonar would have to be shut down when mammals are spotted within 2,200 yards.
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Double-amputee sprinter Oscar Pistorius is ineligible to compete in the Beijing Olympics because his prosthetic racing blades give him a clear competitive advantage.
The International Association of Athletics Federations ruled today that the South African runner's curved blades are considered a technical aid in violation of the rules. A German professor who tested the prosthetic limbs said they give Pistorius a clear competitive advantage over able-bodied runners.
Pistorius was born without fibulas -- the long, thin outer bone between the knee and ankle. He was 11 months old when his legs were amputated below the knee.
He began running competitively four years ago to treat a rugby injury, and nine months later won the 200 meters at the 2004 Paralympic Games in Athens. He's said he would appeal any ruling that went against him.
So what do you think? Do the limbs give him a competitive advantage? Should he be able to compete?
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This morning Bob Hampton of the Kern High School District joined us live on 17 News At Sunrise.
Hampton thinks the dogs could be a bad idea. At a cost of $20,000 or so for a dog to come through.
Hampton believes it boils down to trust. He says the dogs are bad use of money because the district already has an anti-drug policy in place, and students need to feel they're trusted.
But critics say the dogs are a clear deterrent.
What do you think?
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Some call it the throne, and given the palatial price of the park bathroom in Lake Isabella, 5th District Supervisor Michael Rubio says the namesake is pretty appropriate.
"I think it's outrageous, I think it's wrong," Rubio said.
Outrageous, he says, because the brick and metal bathroom cost about $340,000 to build.
"That's more than what most people's homes cost in this particular area," Rubio said.
The average cost of a Kern County home is around $240,000.
So where is all the money going?
The county paid almost $10,000 for inspections.
"You've got the plumbing, the electricity, you have the environmental health, you also have the ADA (Americans with Disabilities Act) compliant going out. Why can't we have one person go out and do it all for $500?" Rubio asked.
County Construction Services manager Mike Russell says he will start looking at ways to cut costs. But he says there is more to the Lake Isabella bathroom project than meets the eye.
"There was extensive rerouting of all the electrical, creating a central control room for the entire security system for the park, all the lights to the horseshoe area, all the need handicap sidewalks to the tot lot, all the new parking," Russell said. "It isn't just $300,000 that was paid for two toilets."
The cost of raw materials has also taken off.
"For eight toilets, for them to be vandal-proof, is almost $100,000," Russell said.
Prison-style metal toilets cost $10,000 each. Russell says they are mandatory because vandalism is rampant. They replaced dozens of toilets due to people using bats, rocks and even their own two hands to break them.
Meantime, the county is considering pre-fabricated bathroom buildings which could cut costs by 20 percent.
And Rubio says he's looking at the role paying prevailing wages played in the high cost.
Rubio says the county typically pays double or more what it costs to hire construction workers in the private sector.
"We should never become accustomed to paying this kind of money for bathrooms in Kern County," Rubio said.
I've posted some of the budgets for these bathroom projects along with the online story.
Russell says the inspections cost a lot (in this case almost $9,000) because the inspectors have to examine the projects during different stages.
The construction companies get fined if they don't meet deadlines. But on the flipside of that coin, if the company calls up the inspectors and they don't come up in a reasonable time to make the examination, the construction company can blame the delay on the county.
Thus, the inspector is often forced to made special trips to the area to look at the construction project and make sure it meets code. Plus, the inspectors charge the county for the hour or so commute time from Bakersfield.
As for prevailing wages, it's the law. But both Rubio and Russell agree the county pays double, sometimes triple for construction work than the private sector.
What do the unions have to say about this? Is this fair?
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This morning, the Rev. John Riebe of Rector All Saints Episcopal Church talked with us on 17 News At Sunrise.
He talked with us about what could be a major change with the local San Joaquin diocese.
You see, the diocese is deciding whether to secede in an unprecedented protest over gay issues.
The vote is Saturday morning.
That's more than 9,000 members, according to The Christian Science Monitor.
The friction goes back to 2003 when the church consecrated its first openly gay bishop in New Hampshire.
The Christian Science Monitor reports:
"The Episcopal Diocese of San Joaquin, based in Fresno and consisting of nearly 50 churches in 14 counties, would be the first diocese to bolt from the U.S. branch of the 77-million-member global Anglican Communion if Saturday's final vote passes.
The Episcopal Church also says it has control over all property and once a congregation leaves it has to find another place to worship. That contention has been challenged in several court cases, including one in Virginia where property dating back to Colonial times and worth millions of dollars is in dispute.
A spokeswoman for the San Joaquin Diocese said the property issue had yet to be addressed."
Rev. Riebe told us it will be business as usual at All Saints Church if the vote for secession goes through. He said he wouldn't describe the church as split on the issue, but parishioners have different opinions.
Other Episcopalian churches across the country are unhappy with the ordination of women. Riebe says that isn't so much an issue here in Kern County.
So should the church get with the times? Or is it right to stick to traditional values?
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Sheriff's detectives arrested two Bakersfield businessmen on murder and conspiracy charges Thursday night in connection with a deadly home invasion this month. Investigators believe Francis Giangrossi, owner of Coast Roofing, and his step-brother, Jim Skiba, hired the four men accused of attempting to firebomb and murder a Rosedale resident. Skiba, 41, was arrested Thursday afternoon at the roofing company. The 62-year-old Giangrossi was taken into custody at about 8 p.m. at the Sheriff's Norris Road headquarters. Each was booked on charges of murder, attempted murder and conspiracy. Thursday's arrests were the latest development in a bizarre string of crimes that came to a head Nov. 5 when 19-year-old Ulises Aaron Espino broke into the Westdale Drive home of Steven Stewart in what deputies say was a botched murder-for-hire plot. Stewart, 44, told 17's Melissa Knievel there had been an earlier attempt on his life. He said he knew there would be another attack, so he was ready. When Espino climbed through a window, Stewart blasted him twice with a gun, killing him. Botched plotEspino was just one of four men who went to Stewart's house that night, investigators said. Eighteen-year-old Alberto Torres told 17's Kiyoshi Tomono in a jailhouse interview on Nov. 7 that he drove Espino to Stewart's house; Detectives say 23-year old Cesar Montoya and 29-year old Jesus Delgado Estrada also were there and were part of the attempted murder. Montoya and Estrada are brothers and Espino is their cousin. Steven Stewart towers at 6-foot-7 inches tall. He says someone crept to the back window of his house a month earlier, leveled a gun at him in the darkness and shot him. He was only slightly wounded, he said, but knew the attackers would return. He rigged his house with a series of alarms and cameras. The alarms went off as Espino approached his front gate, hopped over and broke out his front window about a month later, Stewart said. He waited as Espino crept through the broken window with a fire bomb in one hand, and a gun in the other, Stewart told 17's Knievel and Tomono. Stewart fired just as he and Espino exchanged their first glance, he said. "I just said 'Oops'," Stewart recalled about the moment. "It was what I thought he was thinking when he saw me." Espino jumped back out the window, and Stewart fired again, telling detectives he feared Espino would lob the Molotov cocktail into his home. Alberto Torres said he heard the gunshots as he waited in a car outside. He thought it was Stewart who had been shot, but then realized it was his friend. He started to drive Espino to Kern Medical Center but, realizing how seriously wounded his friend was, stopped on Rosedale Highway and called an ambulance. Espino died of his injuries, and Torres, Montoya and Estrada were arrested. They since have pleaded not guilty to a number of charges, including the attempted murder of Stewart and attempted arson. And, because someone died in the course of the attempted murder, all three were charged with murder for the death of their crime partner, Espino. Investigators say Giangrossi shot himself in a suicide attempt a few days after the botched murder plot, but survived his injuries. Motive UnfoldsSenior Deputy Vince Martinez said the motive for the botched murder plot was a woman. "There was some sort of issue that sparked Francis to decide some sort of harm needed to be done to Steven Stewart, his brother Jim Skiba became involved in the plot," said Martinez. Giangrossi is now married to Stewart's ex-girlfriend. "We're not exactly sure what the specific issue was, but there was some sort of alleged contact beween Steven Stewart and Francis Giangrossi's wife," Martinez said. ''I don't have her now," said Stewart. "He does. So if he wanted to look at it like he was a winner, if he considers her a prize, he had it, not me.'' Estrada works at Coast Roofing and told detectives his boss ordered the hit. Detectives say Espino 'told me his boss, whom he identified only as JIM, asked him to "beat up" this guy, and promised to keep him employed for 8 hours a day." Investigators found thousands of dollars at his apartment. We have several Sheriff's reports from interviews. We will post there here on Website later this morning. What do you think about this development?
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We talked about the RealtyTrac foreclosure filing rates on 17 News at Sunrise today. They're coming out with new numbers every month. They're aren't earth shattering in October...but they do should the continued trend of financial problems for local homeowners.
RealtyTrac's October numbers shows "that a total of 224,451 foreclosure filings — default notices, auction sale notices and bank repossessions — were reported during the month, up 2 percent from the previous month and up 94 percent from October 2006. The national foreclosure rate for the month was one foreclosure filing for every 555 households."
There were 1,500 foreclosure filings in Kern County, including 834 notices of defaul and 249 REOs
For more on their numbers check out:
http://www.realtytrac.com/ContentManagement/pressrelease.aspx?ChannelID=9&ItemID=3664&accnt=64847
We should note that RealtyTrac lumps foreclsoures, notices of defaults, auction sales and cverything together. The numbers are impressive, but arguably present a more dire picture of Kern County real estate.
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When Alberto Torres first walked into the newly-created interview room at the downtown jail, I didn't know what to think. He's 18, and looks it. Barely out of high school. Not quite baby-faced but not someone you'd place in connection with a murder plot. He sat down in the prion's plastic chair, swimming in his oversized prison pants. He's soft spoken. He folded his hands and kept them clasped in his lap. When I started pressing him for details of the crime, he started nervously tapping his foot on the jail's concrete floor. The tapping sound was picked up on our mike.
Torres basically said he received a phone call from someone and was told to do the driving. Did he know it was a plot for murder? He declined to say. But, how I asked, could he not know what was going on when they loaded a gas can in his truck? Again, he declined to say. Torres hinted this shooting was about money. The homeowner, Steven Stewart told us off-camera yesterday that he was helping out a friend, and in the process disrespected a gang. He figures the attempt on his life Monday was payback. So was the attempted shooting that happened at his house a few weeks back. Someone left a bullet hole in the front of his house.
Take a look at the 20 minute interview. I found myself frustrated during the interview. First, Torres was evasive when it came to specific details about the crime and questions about motive. But more so, it was tough trying to understand how an 18-year old gets involved in a plot for murder. What was going through his mind? I am not sure Torres was able to clearly articulate that. Maybe, HE'S not even sure.
Take a look. I know the last time we conducted a jailhouse interview with the man charged with drunk driving and killing a woman on Stockdale Highway it created controversy. Critics say it gives a platform to criminals to speak their mind. Let me know what you think.
http://www.kget.com/mediacenter/local.aspx?videoid=22244@video.kget.com
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He was charged in March with giving underage kids booze at a high school party, and now the same father finds himself on the flip side with his underage son critically injured in a drunk driving crash.
The Highway Patrol said it will be looking into how the driver and his best friends obtained the alcohol.
Officers said all three teens in the Honda Civic had been drinking, possibly at a party. All three were critically injured.
The crash was so bad, one of the teens was still on fire when some local Good Samaritans arrived.
Even after the flames were extinguished, the teen caught fire again.
Wreckage still littered the steep hillside near the Oswell Street Exit of westbound Highway 178.
Sprayed across the hillside, magazines and class notes are a glimpse into the lives of the three teens.
"Passenger Martin Lopez was trapped inside the vehicle when it burst into flames," said CHP Capt. Brian Smith.
Witnesses said 19-year-old Billy Atchley blew through a red light at Fairfax Road driving about 100 mph.
They also said Billy is an underage teen who was drunk behind the wheel.
"This is a warning to parents and adults that they need to realize that supplying alcohol or allowing minors to drink alcohol at the house or residence is a serious crime," Smith said.
Billy's best friend, 19-year-old Zach Drakos, suffered critical injuries when he was ejected from the car.
Zach's second cousin, Thomas Gonzales, answered the door Monday at the family home.
"It's bad. I don't like it all," Thomas said. "I feel what happened, it's just not good."
Earlier this year, Zach's father, Christopher Drakos, became the first person to receive a "Cool Parent" citation for giving underage kids alcohol during a party at his home in northeast Bakersfield.
Six teens were stabbed when a fight broke out there.
Now the CHP wants to know how something similar may have happend again with potentially deadly results.
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