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No credit for 'dead'; bedbugs close library; pot for autism

  • Jul 31, 2015
  • Jul 31, 2015 Updated Jul 31, 2015

Odd and interesting news from the Midwest.

Federal judge dismisses Des Moines speed camera lawsuit

DES MOINES, Iowa — A federal judge has dismissed a lawsuit by seven Iowa residents who claimed the city of Des Moines violated their constitutional rights by operating an automated speed detection camera on Interstate 235.

Judge Charles Wolle says in an order filed Friday that previous rulings by the Iowa Supreme Court and another federal judge in Cedar Rapids establish the camera's legality. He concludes that claims made in the lawsuit — that the cameras violate constitutional due process and equal protection rights and the right to freely travel through Des Moines — are without legal merit.

Representatives for the plaintiffs and the city did not immediately return messages.

Gatso, the company which operates the camera, was also named in the lawsuit. An attorney says the company is pleased with the ruling.

Bismarck man gets $300 speeding ticket for going 137 mph

BISMARCK, N.D. — A 19-year-old Bismarck man has been cited for speeding after the state Highway Patrol clocked him driving 137 mph on Interstate 94.

Authorities say Thomas George was traveling east on I-94 in the Bismarck metro when he was spotted by a North Dakota Highway Patrol trooper.

George was driving a modified 1999 Ford Shelby Mustang and was allegedly racing another driver, who evaded authorities.

George was issued a $310 speeding ticket and a $100 ticket for racing.

Clowns bring laughter, meals to homeless in Omaha

OMAHA, Neb. — A local group of professional and amateur clowns took their acts to the streets of Omaha to help bring laughter and meals to the homeless.

Members of the Wild Clowndum helped distribute roughly 300 meals Wednesday from Holy Family Catholic Church's lunch program. James Parsons, a street minister with Blessed Family Street Ministry, told the Omaha World-Herald that the clowns bring happiness to those who "need that extra lift."

Clowndum member Judy Quest, who has performed for years as "Dear Heart the Clown," is a regular volunteer with the meals program. She said she invites her costumed friends to help out every year.

Quest said even clowns can sometimes have a hard time keeping their smiles. She has performed at the Nebraska Medical Center during birthday parties for children, including some with terminal illnesses.

"That's really hard, but I have to keep that sadness inside," she said. "My purpose for being there is to make them happy and bring them joy, not bring them down."

The group has around 40 members. The youngest member is in high school, and the oldest is 83 years old.

"I like to tell people I've been a clown all my life, but I've only been doing it professionally for 10 years," said Jim Mueller of Papillion. The 73-year-old said that when "a kid hugs you and says you're funny, you've arrived."

Kansas won't prevent singles from being foster parents

TOPEKA, Kan. — Kansas won't bar single people from serving as foster parents for abused and neglected children but hasn't decided whether to allow married same-sex couples to do so, an official said Friday.

The state Department for Children and Families has faced questions about its plans because it said earlier this month that it was conducting a broad review of foster care policies. Douglas County District Judge Peggy Carr Kittel wrote a regional DCF official, asking whether it planned to limit foster parenting to only married couples and how such a move would apply to same-sex couples, given the recent U.S. Supreme Court decision legalizing gay marriage across the nation.

Theresa Freed, a spokeswoman for the child welfare agency, told The Associated Press that department officials "haven't changed any foster care licensing policies." The department did not issue a public statement.

"Single adults will not be excluded from being foster care parents," Freed said. "That was never being considered."

Before the U.S. Supreme Court ruling, Kansas banned same-sex marriage and did not recognize such marriages from other states. Brownback has been a vocal supporter of the state's ban.

But the state allowed gays and lesbians to serve as foster parents, as individuals.

The department began its review of foster care policies after Republican Gov. Sam Brownback this month transferred the licensing of foster homes to it from the Department of Health and Environment. DCF already had administered placements and services for foster children through two private contractors.

Kittel said she couldn't comment until she could review a response to her from the agency. Tom Witt, executive director of Equality Kansas, the state's leading gay-rights group, said the department's refusal to comment on same-sex couples serving as foster parents shows that Brownback's administration is "going to dig in its heels every step of the way to deny married couples their legal rights."

"We expect all married couples to be treated equally and fairly," Witt said. "Any failure of the Brownback administration to do so will result in litigation, which they will lose."

About 6,500 children were in foster care at the end of June, though many of them had been placed with relatives. The state has about 2,500 licensed foster homes.

In response to questions about gay-married couples serving together as foster parents, Freed said, "We're leaving that question for later."

In a follow-up email she added: "We are still in the early stages of conducting a long and thorough process of review and deliberation of the foster care licensing program. The health and welfare of children remain our top priority, as well as providing them a stable environment."

Separately, two Democratic legislators earlier this week sought an audit of the foster care program to examine whether the department's procedures adequately protect children, both in considering whether to remove them from troubled homes and when to reunite them with their parents. The Democrats cited the deaths of children from troubled homes in El Dorado, Hiawatha and Wellington from March 2012 through December 2014.

Republican lawmakers blocked the audit, noting that the department's review and the creation of a special joint committee to study foster care issues this summer and fall.

Vertical Skydiving World Record

OTTAWA, Ill. — Traveling at speeds of up to 240 mph, 164 skydivers flying head-down built the largest ever vertical skydiving formation Friday over central Illinois, smashing the previous record.

It took the international team 13 attempts to beat the 2012 mark set by 138 skydivers. The formation, resembling a giant flower, floated above the rural drop zone in Ottawa for a few seconds before the flyers broke away, deployed their parachutes, and whooped and hollered their way to the ground to the jubilation of spectators.

"It's awesome, man," said Rook Nelson, one of the organizers. "It just goes to show that if you can get the right group of people together and the right support team and good conditions, anything is possible ... even on attempt number 13."

The team was selected after training camps in Spain, Australia and across the U.S. Seven aircraft were flown in precise formation to ensure that the jumpers de-planed at the right place, time and altitude. The record-breaking jumpers exited at 19,700 feet.

Skydiving videographers recorded the jump, flying above, below and alongside the formation. The footage enabled judges on the ground to verify the record was achieved above Skydive Chicago, the drop zone and airport about 80 miles southwest of Chicago where the event took place.

Three judges certified by the Federation Aeronautique Internationale — the World Air Sports Federation — studied the video and photos to make sure each flyer was in a pre-determined slot in the formation and has his or her hand in the correct position.

The record was not without risks.

The skydivers flew at a minimum speed of 160 mph, and some reached speeds as fast as 240 mph. Collision at such speeds can be fatal.

Jumping from such a high altitude brings a risk of hypoxia — a condition arising from a lack of oxygen that can cause unconsciousness and other symptoms — or even death. To reduce the risk of falling sick, jumpers and pilots sucked down pure oxygen once their planes reached 14,000 feet.

And with nearly 170 canopies simultaneously flying in the sky, there's a risk of two parachutists flying into each other.

Still, of approximately 3.2 million sport skydives in the U.S. in 2014, there were 24 fatalities, according to the United States Parachute Association.

Despite the risks, flyers came from as far away as France, Britain, Dubai and Australia — one even spent three days traveling to Chicago from Reunion, off the coast of Madagascar in the Indian Ocean — to participate.

"When (record) jumps work well, it's like there's a certain peace to it all, a certain harmony to it all," said Norman Kent, a longtime skydiving videographer who filmed the jump. "And it's contagious, it's like it's in the air and you can feel it even from a distance as a cameraman."

Drop in number of new teachers could get state review

INDIANAPOLIS — Two leading sponsors of many recent Indiana education overhaul measures now want the Legislature to consider steps for possibly stemming the state's declining number of new teachers.

The Republican chairmen of the House and Senate education committees have asked General Assembly leaders to approve having the legislative education study committee review what is causing the drop and how the state could respond.

The head of the state's largest teachers union, meanwhile, said Republican-backed changes imposed on schools in the last several years have contributed to making teaching careers less appealing.

The number of first-time teacher licenses issued has dropped nearly 20 percent since 2009, according to the Indiana Department of Education. That decline has some school district officials worried about being able to fill open teaching positions.

House education committee Chairman Robert Behning, R-Indianapolis, and Senate education committee Chairman Sen. Dennis Kruse, R-Auburn, said in their letter dated Thursday they "think it would be wise for the Indiana General Assembly to proactively address this issue."

They suggested having the committee members hear from experts and teachers about the decline.

"We believe it is important to have a plan to the matter issued prior to the 2016 legislative session," they said.

The rhetoric used by legislators to push through school overhaul proposals has hurt the teaching profession's reputation, said Teresa Meredith, president of the 45,000-member Indiana State Teachers Association.

Meredith said state school funding constraints and standardized testing pressures are in contrast to the strong support teachers receive from parents and local administrators.

"We certainly aren't hearing or seeing that from the state — the governor and the Legislature," she said.

Education changes supported by Behning and Kruse in recent years include creation of the state's private-school voucher program, new evaluations for teachers using students' standardized test scores and not allowing pay raises for lower-rated teachers.

The Indiana Department of Education reports the state issued 5,599 licenses to first-time teachers during the 2009-2010 school year. That number dropped by about 18 percent to 4,565 for the 2013-14 school year.

Many of the state's colleges have seen fewer students in their education programs, with Ball State University's elementary and kindergarten teacher-preparation program enrollments have fallen 45 percent in the last decade.

A decision wasn't immediately made on whether to go forward with the legislative study, said Ben Gavelek, a spokesman for House Speaker Brian Bosma.

Michigan panel recommends allowing marijuana for autism

LANSING, Mich. — Michigan would become the first state to allow medical marijuana for children with severe autism if a senior official follows the recommendation made Friday by an advisory panel.

The state's Medical Marijuana Review Panel voted 4-2 to recommend autism as a condition that qualifies for the drug.

Supporters say oil extracted from marijuana and swallowed has been effective in controlling extreme physical behavior by kids with severe autism. Pot wouldn't be smoked.

The panel was influenced by comments received earlier from some Detroit-area doctors, especially the head of pediatric neurology at Children's Hospital of Michigan, and parents desperate for relief. Many of the three dozen spectators cheered and applauded after the vote.

The recommendation now goes to Mike Zimmer, the director of the Department of Licensing and Regulatory Affairs, who has until late October to make a final decision.

A 3½-year-old boy, Brunello Zahringer, ran around and squealed as the panel discussed the issue. He wore a shirt that said, "Keep calm it's only autism" on the front, and "Let my daddy decide!" on the back, a reference to the use of marijuana oil.

"I wanted them to see what autism is, what I live with, what my wife lives with," the boy's father, Dwight Zahringer of Clinton Township, said later. "I'm not trying to sell this on the street. I'm trying to look for a correct way to complement all the treatments we're getting."

Michael Komorn, a lawyer who filed the petition on behalf of a mother in southeastern Michigan, said no other state allows medical marijuana for severe autism.

Dr. David Crocker, a panel member who voted in favor of allowing it, noted that two doctors need to give their approval for a child to get a medical marijuana card from the state.

"We have a pretty good checks-and-balances system," he said.

Michigan's chief medical executive, Dr. Eden Wells, serves on the panel and voted no. She's not convinced that there's enough research on the topic, especially the long-term effects of marijuana on children.

"These things are things we do not know until we have enough experience with these medications in a controlled trial. ... I don't think we have those checks and balances," Wells said.

Experts writing in the February edition of the Journal of Developmental & Behavioral Pediatrics cautioned that marijuana for kids with severe autism might serve only as a "last-line therapy."

Only one condition, post-traumatic stress disorder, has been added to those that qualify since Michigan voters approved marijuana for the side effects of cancer and a few other illnesses in 2008.

Woman sues credit reporting firms for declaring her dead

ST. LOUIS — A 40-year-old St. Louis woman isn't dead, but she says she spent months trying to convince credit reporting agencies that she's alive.

Alexandria Goree has filed a lawsuit in federal court against Experian, TransUnion and Equifax over the glitch, contending that it was impossible to get loans or a new home.

The St. Louis Post-Dispatch reports that the suit says Goree found herself with a "deceased" notation on her credit files in the summer of 2013. Such a notice can appear when a creditor informs a reporting agency that one of its customers has died.

Representatives of TransUnion and Experian say they couldn't comment on pending litigation. A spokesman for Equifax says the company's attorneys were just notified about the lawsuit and needed more time to research it.

Police say man died after crash while texting on motorcycle

FRANKFORT, Ind. — State police say a 43-year-old Indianapolis man died from injuries sustained after he crashed his motorcycle while he was texting.

Police say Brandon McCain crashed on Interstate 65 south of Frankfort, about 40 miles northeast of Indianapolis. Police say McClain was texting on his phone when his motorcycle crossed into the grassy median, he overcorrected and lost control of the motorcycle. The crash occurred about 3:45 p.m. Thursday.

McClain was pronounced dead at St. Vincent Hospital in Indianapolis. Police say he was not wearing a helmet.

Police say the crash remains under investigation.

Chicago poised to require breast-feeding rooms at airports

CHICAGO — Chicago aldermen have taken a big step to make the city's O'Hare and Midway airports among the most breast-feeding friendly airports in the nation.

On Friday morning, the City Council's finance committee voted to recommend an ordinance that would require the airports to provide rooms where mothers can breast feed and use breast pumps.

The two airports each have one breast-feeding room but the ordinance calls for at least one lactation room at all airport terminals. The measure will go to the full City Council in September.

A study by the journal Breastfeeding Medicine has found that only a small percentage of the nation's airports have lactation rooms.

The aldermen said they'd also consider similar ordinances to require lactation rooms at train stations and other large buildings in the city.

Madison mayor says bench time for homeless should be limited

MADISON, Wis. — Madison's mayor says he has a way to deal with the city's growing transient population. Paul Soglin would limit the time one could spend sitting on a bench in the downtown area. Lying down on the bench would be prohibited.

Soglin planned to talk about his idea with City Council members Friday and formally introduce the proposal Tuesday. Specifically the plan calls for a time limit of one hour for continuous sitting or lying on public benches. It also would ban anyone from sleeping on public sidewalks and right-of-ways from 5:30 a.m. to 1 a.m.

City attorney Michael May said the proposal has been "carefully crafted" to withstand legal scrutiny, addressing behavior and its impact on business and city operations rather than individuals or their status. It is based on laws found in Honolulu and Portland, Oregon.

The mayor says the city's posture of compassion with "no rules" policy for the homeless and drifters had led to violence, drunkenness, drug use and trading sex for drugs.

"We've created a circus atmosphere where anything goes," Soglin said. "We can't arrest our way out of this problem."

Homeless advocate Brenda Konkel is blasting the proposal which would make bench-sitting for more than an hour a fineable offense.

"They're treating the homeless community more as if they're their children instead of treating them like the adults that they are and asking them, 'What will work for you?'"

Konkel argues that the mayor needs to continue his push to create affordable and supportive housing, and shelters with no stay limits.

City Council President Denise DeMarb said the proposal will trigger a much-needed conversation on behavior problems and the homeless, but notes that Soglin's plan will not change culture.

"I think it's a start," she said. "I'm pleased the language is on behavior. But when he speaks of changing culture, I'd like to see a plan and strategy to do that."

29 Nebraska inmates had wrong release dates over 7 weeks

OMAHA, Neb. — The Nebraska Department of Correctional Services says that of 390 prisoners who have or will be released between June 10 and Aug. 31, more than two dozen had miscalculated release dates.

Prisons director Scott Frakes said Friday that of the 29 miscalculations, 23 had been given so-called "good time" credit they should not have received and saw their sentences lengthened. The maximum number of credits reversed was 21 days.

Frakes says six did not receive credits they should have gotten. All six saw their sentences shortened by three days.

Nebraska's corrections department announced last month that it was reviewing 2,000 prisoner sentences for accuracy after discovering that some inmates received credit they shouldn't have.

Boy killed when TV topples over in Milwaukee

MILWAUKEE — Authorities say a 4-year-old Milwaukee boy suffered fatal injuries when he climbed on a dresser causing a TV to fall on his head.

A report from the Milwaukee County Medical Examiner says Angel Medina pulled out the bottom drawer of the dresser so he could reach the DVD player in the top drawer. The report says his mother had told him to wait until she was done giving another child a bath and she would load the DVD.

The boy instead climbed on the dresser causing it to fall over along with the TV. The report says the boy's 5-year-old brother witnessed the accident which happened Thursday.

An autopsy was to be done Friday.

Cardiologist details troubles at Chicago-area VA hospital

CHICAGO — A cardiologist who worked at a Chicago-area Veterans Affairs hospital says the facility had a yearlong backlog of unread heart tests.

Lisa Nee testified Thursday at a Senate hearing on claims against the Department of Veterans Affairs. U.S. Sen. Mark Kirk of Illinois chaired the Senate subcommittee hearing.

Nee worked at Hines Veterans Affairs Hospital in Maywood from 2011 to 2013. She told lawmakers her "shock turned to horror" when she realized some veterans suffered complications or died after the echocardiograms but before they were interpreted.

The Chicago Tribune reports that Nee said she complained to the VA's Office of Inspector General about the test backlog.

Hines VA Hospital spokeswoman Charity Anderson said in a statement that the facility's main focus is "providing high-quality, timely care to our veterans."

Highway Patrols in 5 states ramp up for Sturgis rally

BISMARCK, N.D. — Highway patrol troopers in the four states bordering western South Dakota are paying extra attention to traffic flocking to the Sturgis Motorcycle Rally, which is expecting a huge influx of people for its 75th anniversary bash next week.

In North Dakota, the patrol is even dedicating 30 overtime hours to the cause, at a cost of about $2,000.

Interstate 94 and U.S Highway 85 in the western part of the state are popular routes to Sturgis. Troopers in that region began stepping up patrols Monday and will continue the special effort through Aug. 12, three days after the seven-day rally ends. The goal is to increase safety by having troopers highly visible.

"This is something we try to do yearly on some scale, but this year I would say it's probably given even more emphasis given the amount of traffic we suspect will be coming through," said patrol Lt. Tom Iverson.

An estimated 442,000 people traveled to the mecca for motorcyclists last year. Sturgis officials have been planning for up to a million people to attend this year's rally, which begins Monday and runs through Aug. 9.

Rally-bound bikers tend to take major highways and interstates, though some prefer scenic byways, said Lonnie Bertsch, executive director for ABATE of North Dakota, a motorcycle safety and awareness group.

"The situation is potentially dangerous for everyone when large groups of motorcycles are on the road," he said. "Nationally, eight out of ten motorcycle crashes result in injury or death."

The Montana Highway Patrol is paying "special attention" to traffic routes in that state favored by rally-goers, spokesman John Barnes said. He did not comment on whether overtime was dedicated.

In Nebraska, there are additional patrols on some highways but no dedicated overtime.

"Due to Nebraska having a primary helmet law, we have heard a large number of motorcycles bypass Nebraska for other states," patrol Capt. Paul Hattan said.

Nebraska requires helmets for all riders, while Wyoming, Montana and North Dakota don't require them for adults.

In Wyoming, rally events spill over the border into the eastern towns of Hulett and Sundance. The Highway Patrol has secured $125,000 in federal highway grant money for ramped-up enforcement, Lt. Klief Guenther said. The amount is an increase of about one-fourth from previous years.

Nearly 40 patrol personnel handle rally duty in northeastern Wyoming, including officials with expertise in motorcycle and crash enforcement and riot control.

"We get anywhere from 25,000-35,000 bikes coming into Wyoming in one day," Guenther said. "We anticipate more will be coming" this year.

South Dakota's Highway Patrol is allocating more troopers than usual to this year's rally but not providing details on the operation, spokesman Tony Mangan said.

Officials are urging both bikers and motorists to be alert and cautious on the highways.

"If everyone pays attention and makes safe choices, bikers, tourists and everyone else on the highways can have a good and safe time," said Lee Axdahl, director of South Dakota's Office of Highway Safety.

Court affirms conviction, sentence in false rape case

PORT HURON, Mich. — The Michigan appeals court has upheld the conviction and sentence of a woman who was charged with falsely accusing two men of rape in the Port Huron area.

It's one of two cases that have put Sara Ylen (WHY'-lin) in prison. In another case, she tricked an insurance company and generous donors into believing she was dying of cancer.

In a decision Friday, the appeals court says a judge made no errors last year in sending Ylen to prison for at least five years. She was convicted of lying about being attacked.

Ylen has been in the spotlight for years in Port Huron after she spoke publicly about being raped in a parking lot. A man was released from prison in that case after questions were raised about her credibility.

Man, 3 horses die in trailer crash on northeast Ohio highway

LAKE MILTON, Ohio — Travelers on a northeast Ohio highway say they found themselves acting as wranglers and makeshift veterinarians after a trailer crash killed a man and three horses.

WFMJ-TV reports a pickup truck hauling a trailer of thoroughbred horses was changing lanes on Interstate 76 when it struck a car, rolled and hit a tractor-trailer Thursday in Milton Township, west of Youngstown.

The State Highway Patrol says the driver who died was a 31-year-old man from Aiken, South Carolina. His dog and three of the 10 horses also died.

As traffic came to a standstill, people nearby tried to help corral and calm the remaining injured horses. Dave Lescsak of Austintown says they tried to bandage the animals' wounds.

The horses were taken to farms for examination by a veterinarian.

Zoo removing image of Confederate flag from carousel horse

SAGINAW, Mich. — A Michigan zoo is removing an image of the Confederate flag from a carousel horse at the attraction.

WNEM-TV reports the decision by the Saginaw Children's Zoo came after recent complaints about the horse on the Celebration Square Carousel, which opened in 1998.

The zoo's executive director Nancy Parker says the carousel "is all based on history," but she notes that "we're not a museum, we're a zoo, and we really are a community place." She says that the zoo wants everyone who visits to be comfortable.

The flag's use spurred protests since the June killing of nine black worshippers at a church in Charleston, South Carolina.

The carousel includes animals made to resemble carousel figures of the early 1900s as well as panels with local historical scenes.

Medical library closed until Monday after bedbugs reported

DETROIT — Officials say Wayne State University's Shiffman Medical Library is closed through Monday as exterminators clean because of possible bedbugs.

University spokesman Matt Lockwood tells The Detroit News the school is "going to address the issue aggressively to make sure it's taken care of as quickly as possible." Lockwood says a pest control company is expected to thoroughly clean the building.

Students may use other libraries on the school's Detroit campus until the library reopens.

In February, an exterminator treated a cubicle at the medical library after a reported bedbug sighting. Lockwood says a bedbug-sniffing dog was enlisted to check for the pests and found none. Also that month, a room at an 11-story dormitory was fumigated after a student reported seeing bedbugs.

Ohio crackdown on distracted driving yields 999 citations

COLUMBUS, Ohio — A multi-state highway patrol crackdown on distracted driving yielded hundreds of citations for reckless or careless driving on Ohio roadways last week.

The Ohio State Highway Patrol says that in addition to the 999 tickets for reckless or careless operation, troopers also wrote up 14 people for texting or cellphone violations during the seven days that ended last Saturday.

Ohio troopers joined state police in Indiana, Kentucky, Michigan, Pennsylvania and West Virginia in the weeklong crackdown.

Col. Paul Pride, the OSHP superintendent, says cutting into texting and driving reduces crashes and saves lives.

Ohio man accused to shooting lawn-mowing neighbor

WILLARD, Ohio — A northern Ohio man is being held with a $1 million bond after deputies say he fatally shot a neighbor while she was mowing her lawn and then barricaded himself in his home.

Norwalk Municipal Court records show 50-year-old James Blair was charged with murder in the Tuesday night shooting near Willard, about 80 miles southeast of Toledo. Online records did not list an attorney for him.

The Huron County Sheriff's Office says Blair is accused of shooting a next-door neighbor, 62-year-old Linda Ciotto, in the head while she was mowing her lawn. He then stayed in his home for nearly five hours before eventually surrendering to hostage negotiators. Authorities have not discussed a possible motive.

He is scheduled for another court appearance on Tuesday morning.

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