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Pampered bear; transgender sports rules; Smitten Kitten cleared

  • Jun 9, 2015
  • Jun 9, 2015 Updated Feb 11, 2019

News from the Midwest.

ND woman finds razor blade in Wal-Mart shopping cart handle

BISMARCK, N.D. — A North Dakota woman has found a razor blade affixed to the handle of a Wal-Mart shopping cart.

Lisa Zimmerman says she discovered a long razor blade, such as those found in utility or box-cutting knives, implanted in the handle. She reported the incident to store managers, snapped a picture and later called police.

The Dawson woman tells The Bismarck Tribune she likely would have injured herself had she cleaned the handle with a sanitizing wipe.

Bismarck Police Sgt. Mark Buschena says anyone with information about the placement of the razor blade should contact police. He says the department has not received similar reports.

Wal-Mart spokeswoman Betsy Harden says the company is "relieved" that no one got injured. She adds employees have inspected all shopping carts at that store.

Wisconsin Senate approves 20-week abortion ban bill

MADISON, Wis. — After three hours of debate, the Wisconsin state Senate approved a bill Tuesday night that would ban non-emergency abortions after 20 weeks of pregnancy.

The bill's supporters in the Republican-controlled Senate argued fetuses can feel pain after 20 weeks, while opponents contended the suffering for Wisconsin women would be greater if the measure advanced. The Senate approved it on a 19-14 vote on party lines, with Republicans voting in favor.

Under the proposal, doctors who perform an abortion after 20 weeks in non-emergency situations could be charged with a felony and subject to $10,000 in fines or 3 ½ years in prison. The fetus' father could also press charges against the physician. As written, the bill doesn't provide exceptions for pregnancies conceived from sexual assault or incest.

Sen. Leah Vukmir, R-Wauwatosa, said Tuesday that passing the bill would prevent suffering during an abortion.

"It's cruel to allow a baby and a mother to go through a process that inflicts that pain, ultimately ending a life," Vukmir said. "How can we allow these abortions on five-month-old babies?"

While the bill's supporters and some doctors contend fetuses can feel pain after 20 weeks, the American Congress of Obstetricians and Gynecologists says evidence suggests that's not possible until the third trimester begins at 27 weeks.

Sen. Jon Erpenbach, D-Middleton, argued that the bill disregards a mother's health. The bill as written says a doctor cannot perform an abortion after 20 weeks unless the mother is likely within 24 hours to die or suffer irreversible impairment of one or more of the woman's major bodily functions.

"The mother basically has to be knocking on death's door for the doctor ... to legally feel he's OK to focus on the life of the mother," Erpenbach said. "You're going to take a doctor who makes a decision and you're going to make him a felon."

Assembly Speaker Robin Vos said Tuesday that the Assembly could take up the abortion bill later this month or in the fall. He said Assembly Republicans had not yet discussed the measure, but he supported it.

"The bill as it's drafted, I think, has a lot of merit," Vos said at a news conference. "I do not certainly support the idea of allowing unborn children who feel pain to be aborted inside the womb."

Vos said it would be worthwhile to spend hundreds of thousands of taxpayer dollars defending the law in court from expected federal lawsuits challenging its constitutionality.

"Protecting life is something that we shouldn't necessarily just put a price tag on," Vos said.

Gov. Scott Walker has said he would sign the bill.

According to the most recent information from the state Department of Health Services, roughly 1 percent of abortions in Wisconsin in 2013 occurred after the 20-week mark — 89 of nearly 6,500 abortions performed that year.

Fourteen states have passed bans at 20 weeks or earlier, which depart from the standard established by the U.S. Supreme Court's 1973 Roe v. Wade decision. That ruling established a nationwide right to abortion but permitted states to restrict the procedures after the point of viability — when a fetus could viably survive outside the womb under normal conditions. If offered no legal definition of viability, saying it could range from the 24th to the 28th week of pregnancy.

Courts have blocked bans in Georgia, Idaho and Arizona. Litigation in other states is ongoing.

Missing 50-pound pet tortoise is found alive and well

PLAINFIELD TOWNSHIP, Mich. — Frank, a 50-pound pet tortoise, has been found in western Michigan after a two-day search.

Owner Bradley Clark tells The Grand Rapids Press that he got a call from someone who said the female was munching on flowers Tuesday, seven miles from home in Kent County's Ada Township.

The female African tortoise disappeared Sunday from Clark's yard in Plainfield Township, near Grand Rapids. Clark believes the 12-year-old tortoise escaped through a damaged part of the fence.

Clark says he got about 100 tips. Two girls found Frank about 100 feet from Clark's home and released the tortoise in a field.

Clark plans to fix his fence. He says the hunt for Frank has been "kind of a crazy roller coaster."

Ruling prohibits blanket ban on Internet use for parolees

WICHITA, Kan. — A blanket ban on Internet use unlawfully deprives parolees convicted of sex crimes of more liberty than necessary because the Internet has become a necessary part of modern life, a federal appeals court ruled Tuesday.

The 10th Circuit Court of Appeals said the wording in a standard condition of supervised release used by the U.S. Probation and Pretrial Services Office for the District of Kansas conflicts with a 2001 ruling from the court because it suggests probation officers can completely ban a means of communication. The court noted that Internet use has become "even more central to participation in the civic and economic life of our society" since then.

However, the appeals court ultimately allowed some restrictions against Kansas parolee Ronald Ullmann to stand in the case at hand. That is because the lower district court had modified them in Ullmann's case to clarify that it was restricting — not completely prohibiting — his use of computers, cellphones and other Internet-capable devices.

The federal probation office for the Kansas district did not immediately respond to a phone message seeking comment, and the U.S. attorney's office declined comment. Ullmann's defense attorneys did not respond to an email seeking comment.

Ullmann pleaded guilty to making a false statement, a charge that arose from sexually explicit conversations between him and an undercover FBI agent posing online as a 13-year-old. Ullmann was sentenced to five years in 2009, with the prison time to be followed by three years of supervised release. When released from prison in April 2014, he became subject to restrictions on his Internet use.

The federal probation office for the Kansas district told the appeals court that it intends to impose "the standard sex offender supervision condition" as part of its new Computer and Internet Monitoring Program, known as CIMP.

Ullmann had no objection to continued restrictions and monitoring by the probation office, but objected to what he termed as prohibitions on his access to the Internet and use of numerous devices. The district court ordered him to comply with the probation office's program and clarified the condition does not prohibit him from accessing the Internet or using electronic devices.

The district court retained control over the decisions affecting the scope of his punishment, and delegated to the probation office only "ministerial issues" such as the choice of monitoring software.

The appeals court said the modified restriction in Ullmann's case is lawful because the district court only clarified that the court was restricting his use of the Internet and other Internet-capable devices rather than prohibiting it.

The appellate judges said that conclusion does not detract from their concern regarding the ambiguity of the wording of the "standard sex offender supervision condition" that the probation office in Kansas intends to impose as part of its policy in the state.

The Internet has become more crucial to participation in employment, communication and civic life since 2001, the appeals court said.

"Internet use is necessary for many jobs, is essential to access information ranging from local news to critical government documents, and is the encouraged medium for filing tax returns, registering to vote, and obtaining various permits and licenses," the court said.

Other federal appeals courts also have limited or overturned conditions banning Internet use, including the 6th, 1st, 3rd and 7th circuits, the ruling noted.

Stuffed polar bear is leaving campus for pampering

EAST LANSING, Mich. — A paw is in bad shape, and the white fur is discolored, too. After nearly 50 years in public, a stuffed polar bear at Michigan State University is ready for a makeover.

More than $8,000 has been raised to send the 9-foot bear to a taxidermist in Sandusky, Michigan. It has been standing watch, with its mouth open, since 1966 at MSU's Natural Resources Building.

The Lansing State Journal says the bear was killed by a hunter in Alaska in 1957 and donated to the MSU Museum. It was eventually moved to the lobby of the Natural Resources Building.

Spring graduates insisted that the bear's repairs be delayed until summer so they could pose for a farewell photo.

Chicago priest says turn cellphone cameras on criminals

CHICAGO — Chicago activist the Rev. Michael Pfleger says it's now time for members of the public to turn their cellphone cameras in a new direction in effort to make their neighborhoods safer.

The Roman Catholic priest told WBBM-AM on Tuesday that if enough people use their cellphone cameras to record shootings and other violence in their communities, it might lead to a reduction in violent crime.

Pfleger notes cellphone video cameras already have been used to successfully expose incidents of excessive force or other abuses by police. He says criminal activity should get the same spotlight.

However, Pfleger cautions witnesses should be smart about when they pull out their camera. They should do it discreetly - from porches, gangways, or behind windows. He says the results should be given to police or posted online.

Transgender athletes policy revised after GOP criticism

PIERRE, S.D. — Proposed changes to an association policy for transgender high school athletes would not limit them to the same team as the sex identified on their birth certificates, raising the possibility of a second legislative session of conflict over a rule that many Republicans lawmakers want to jettison.

The South Dakota High School Activities Association is set to discuss the proposed changes at a board of directors meeting on Wednesday. The new policy contains many of the same provisions as the old rules, which were adopted last June, but offers some changes in response to legislative concerns. Some Republican lawmakers doggedly pushed legislation during the 2015 session to void the policy, but the proposals ultimately languished in the Senate after overwhelmingly passing through the House of Representatives.

The association's policy aims to provide a way for transgender students to participate on the sports teams that reflect their gender identities rather than the sex listed on their birth certificates.

The policy directs schools to help transgender students apply to the Activities Association with the correct documentation. An independent hearing officer, rather than the committee prescribed under the existing policy, would then make a recommendation to the Activities Association Board of Directors, which would have the final say over the student's request.

An Activities Association survey of schools that will be reviewed at the Wednesday meeting reports that more than 60 percent of schools surveyed want a statewide association policy on the subject.

"We're going to continue to try to meet the needs of our schools and at the same time answer the concerns from our Legislature," said Wayne Carney, executive director of the Activities Association.

The new policy could be adopted in August, though it will likely still face considerable opposition.

Rep. Jim Bolin, a Republican from Canton, sponsored a proposal in 2015 to void the policy. Bolin said his concern is only regarding minors.

He said he hadn't had a chance to review the association's proposed changes, but it didn't appear likely that he would support any policy that would allow minors to play on a team different from the sex on their birth certificates, which he stressed is an official state document.

Bolin said that "someone who cannot vote and who cannot drop out of school, that decision has been removed from you, and who cannot wear a t-shirt to school that says, for instance, 'Budweiser, breakfast of champions,' ... that individual minor cannot make that claim."

Bolin said he anticipates certain lawmakers will pursue similar legislation to block the policy during the 2016 legislative session. The Athletics Association survey reported that 51 percent of schools surveyed did not want a legislatively adopted policy on transgender student participation in sports.

So far a student hasn't applied under the policy, Carney said in an email.

Jason Huska, athletic director at Vermillion High School, said it's important to have the policy in place proactively.

"I think it's good that we're at least thinking ahead," he said. "We don't know when a situation like that will occur, and it's better to have something in place and be ready."

High school principal accused of setting fire files lawsuit

DICKINSON, N.D. — The former Dickinson Trinity High School principal who was blamed for setting fire to the school has filed a federal lawsuit accusing police of bullying him into a false confession.

Thomas Sander is suing the city of Dickinson, three police detectives and unnamed law enforcement officials for unspecified damages. Sander said in a complaint filed Monday that he was suffering from severe sleep deprivation and intimidation when he confessed to the March 2014 fire.

Matthew Kolling, the city attorney for Dickinson, did not immediately return a phone call seeking comment.

Sander was charged with arson and endangerment by fire in the blaze that forced the Roman Catholic school to close. A judge last summer dismissed the charges after ruling that Sander's statements to police were improperly obtained.

Sander said the interrogation tactics included sleep deprivation, intimidation, bullying, threats, deception, lies, and the withholding of bathroom facilities, food and water.

"Tom Sander maintained his innocence up to the point of his coerced and false confession," the lawsuit states.

In addition, Sander said police worked for five months to prosecute and convict him, and destroyed evidence favorable to him.

The complaint said detectives "systematically worked to maintain the false charges against Tom Sander in spite of a complete lack of other evidence that Tom Sander set the fire and in spite of significant evidence that another individual was the arsonist."

Sander, who was fired from his job, now lives in Missouri.

Federal programs pay farmers to create habitat for bees

MAHNOMEN, Minn. — The federal agriculture department offers a range of conservation programs that pay farmers to plant a mix of perennial native flowers and grasses to help support the struggling bee population.

But experts say the impact of the habitats for the bees isn't yet clear, Minnesota Public Radio reported.

Conservationist Dustin Jasken with the U.S. Department of Agriculture helped farmer Fred Specht enroll part of his land near Mahnomen into a pollinator program. Jasken said that the native plant plots, which are near a wooded area and a wetland, add a small but useful place for bees, butterflies and birds to reside.

"It's not a real large area, but it's a nice little niche area for wildlife," he said.

Specht said he initially was dubious about the idea of having a patch of prairie amid his corn and soybean fields, but said he now enjoys driving by the site during the summer to see what flowers are blooming.

Jasken said small plots of pollinator habitats for the bees are typical under the farm programs. He said he'd like to see larger blocks of habitat on landscape.

"Where you might have a little bitty piece in the middle of a thousand acres, I mean that's going to have a lot less bang for your buck than larger blocks where there's kind of a checkerboarded effect throughout the landscape," he said. "But beggars can't be choosers and if someone says we want to put it here, we're not going to bicker over it and say, 'No, I really think you should put it over here.'"

USDA officials say there are currently 72 pollinator habitat contracts in 33 counties, resulting in 750 acres of Minnesota land planted with native flowering species.

Wal-Mart bans women after aisle scuffle caught on video

INDIANAPOLIS — Wal-Mart officials say they're banning from company property the two women involved in a fight inside a suburban Indianapolis store that was captured on cellphone video.

Wal-Mart announced the step Tuesday.

Police also say they're reviewing the scuffle last Thursday night in Beech Grove. The video was taken by another customer and has gained attention since being posted online.

It isn't clear what prompted the women to begin yelling at each other and then start punching and kicking each other on the floor of a store aisle. At one point a 6-year-old boy hits one of the women with a shampoo bottle.

No arrests have been immediately made. Beech Grove Police Maj. Tom Hurrle tells WTHR-TV the women should've avoided the fight, especially in front of a young boy.

Judge: Girls in hit list case to be held until school ends

PONTIAC, Mich. — A suburban Detroit judge is keeping two middle schoolers in custody until classes are done for the school year after authorities say the girls created a hit list naming teachers and fellow students.

Assistant prosecuting attorney Betsey Hage told Judge Cheryl Matthews she had "grave concerns" about public safety should the girls — ages 13 and 14 — be released. They've been held since last month at Oakland County Children's Village, a juvenile facility.

Both girls are being prosecuted as juveniles with threatening to commit an act of terrorism and making a false report to another person. Matthews said the girls could be freed on bond if they agree to have their movements monitored and restricted.

However, the earliest Matthews said she would let them be released is Saturday, after school ends at Anderson Middle School in Berkley.

"These are serious charges," Matthews said during a detention hearing Monday.

Court documents say the girls may have been partly inspired by the 1999 Columbine High School mass shooting, The Detroit News reported (http://bit.ly/1Go80kw ).

Attorney Wanda Cal, who represents the 13-year-old, told Matthews there was no intent to harm anyone. Attorney J. Patrick Ogurek, who represents the 14-year-old, said there were no weapons in his client's home.

"My client is a young lady with a big heart, she wouldn't hurt anyone," Ogurek said. "Right now she's scared, lonely and needs to come home."

The girls were questioned May 22 and told school authorities that the detailed plans found in one girl's notebook were a joke. Police say the plan included waiting for students to be at an assembly and bringing small guns to school in backpacks.

Lawyers for both girls have requested jury trials.

Ohio unveils special 'Military Sacrifice' license plates

COLUMBUS, Ohio — Ohio is introducing a special license plate available for immediate relatives of any member of the U.S. armed forces who died outside a combat zone while serving honorably in the military.

The "military sacrifice" plate being unveiled by officials on Tuesday was made possible through a law that took effect in March.

It is being offered for spouses, children, parents, grandparents and siblings of qualifying service members. The Bureau of Motor Vehicles says they'll have to submit affidavits verifying those relationships and pay regular registration fees to get the special plates.

The new design joins about 40 special license plates that the state offers to recognize veterans' service and recipients of certain military medals.

Citation dropped against adult shop where students taken

MINNEAPOLIS (AP) — The city of Minneapolis has withdrawn a citation issued to an adult novelty store that middle- and high-school students visited for a field trip last month.

Assistant Minneapolis City Attorney Joel Fussy said in a letter that Smitten Kitten is in compliance with zoning requirements. After the sex education field trip by the Gaia Democratic School, inspectors said they found sexually explicit material within sight of minors and said that was a violation.

The Star Tribune reports Smitten Kitten's attorney argued the store isn't required to have an adult business license, and therefore a city department didn't have jurisdiction to give out the citation.

Store owner Jennifer Pritchett says she has a "feeling of vindication" about the citation reversal, but that it doesn't make up for the pain caused.

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