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$171 million for local Transbay Transit

compiled by El Reportero’s staff

WASHINGTON – The construction of a new transit center in downtown San Francisco just received a financial boost from a $171 million federal loan, The new Transbay Transit Center will connect the Bay Area to the rest of California, making daily commutes and longer trips easier, faster and more convenient.

The new, modern, green, multi-modal, regional facility will become the ‘Grand Central of the West,’ connecting eight counties, nine transit systems, and communities throughout the state with long-distance bus and rail service, including high- speed rail. In addition, with the associated development of housing and businesses, Transbay is on its way to becoming the heart of a revitalized neighborhood and a national model of transitoriented development.”

The Department’s Transportation Infrastructure Finance and Innovation Act (TIFIA) loan will also finance ramps to the Bay Bridge, a bus storage facility and the design of the underground transit facility as part of the project’s fi rst phase.

The second phase, which is still subject to fi nancing commitments, will extend Caltrain service, the California commuter rail line, 1.3 miles to the new center. Overall, the new Trans-bay Transit Center will serve more than 45 million passengers annually and house nine transportation systems, including the San Francisco Municipal Railway (MUNI), California high-speed rail and Greyhound. The new facility will improve commutes within northern California and connect that region to the rest of the state and the country. It is part of a larger plan to revitalize the downtown area.

Construction cost for phase one of the project is $1.189 billion. The total project cost is slated at $4.2 billion.

Teacher’s aide acquitted after evidence contradicts officer’s story

A woman who was injured and falsely arrested by police in September has been acquitted of battery upon an officer and resisting arrest, San Francisco Public Defender Jeff Adachi announced today.

Tisha Harvey, a 29-year-old teacher’s aide for disabled preschoolers, is currently cooperating with an Office of Citizen Complaints investigation against the police officer involved in the incident. Jurors unanimously found Harvey not guilty on December 31 after deliberating for one day.

On September 2, 2009, Harvey, who had no criminal history, was handcuffed and thrown to the ground by a San Francisco Police Department officer who claimed she ran a stop sign at Rutlan­d Street and Sunnydale Avenue. Through police dispatch records presented at trial, Deputy Public Defender Serena Orloff established that the officer believed Harvey’s 2008 Chevrolet Impala was a stolen vehicle and fabricated the stop sign 3violation as a reason to approach the mother of two after she parked in front of a neighborhood community center.

Bernal Branch Library reopening

With great participation of people in the community and politicians, the Bernal Heights Library at 500 Cortland Ave. finally opened after several years of renovation. The grand reopening was held on Jan. 30.

The Bernal Heights Branch is the 13th branch to be completed under the Branch Library Improvement Program, which is funded by a $105.9 million bond measure passed by voters in November 2000.

The program is supporting the renovation of16 branch libraries and the construction of eight new library buildings around the City. Project costs for Bernal Heights totaled $5.7 million. A separate fundraising campaign by Friends of the San Francisco Public Library provided new furniture and equipment for the branch.

The event was entertained by Lion dancers, Jing Mo Athletic Association; Aztec dancers: Danza Xitlalli-Xolotl; musical entertainment: Ralph Carney & Friends; Jackie Jones & Her Tap Dancing Cat; and Circus Finelli.

The new non-humans

by José de la Isla

HOUSTON– It’s clear that three recent movies are having an impact. In New Moon, Dracula and Daybreakers, humans are transformed or become the main targets of werewolves, zombies and vampires. Now, a Supreme Court majority seems to have fallen prey.

One theory down at the donut shop I frequent for a cup o’ joe and to overhear unsolicited opinion — something like a focus group — I heard the theory about the “matinee justices.” That’s what one person called five of the nine Supreme Court justices. He figures they skipped out on boring arguments — “like about voir dire and procedure and ad hoc hokum”— to catch the movies mentioned.

Otherwise, how else can anyone explain why those Supremes came up with a monster in their recent opinion?

In a 5-4 decision, the Justices held in Citizens United v. Federal Election Commission that the First Amendment rights of corporations cannot be distinguished from those of natural-born human beings.

That’s strange because everybody at the donut shop could tell the difference.

When the shop manager says, “Have another donut, it’s good for you,” everybody knows, including the manager himself, that it’s a pitch. Literally another donut might be bad for you.

But everybody tolerates that kind of speech because he does his job and the people on stools do theirs. The manager is into sales. Customers are into taking care of themselves, their families, community and society.

The concept is as old as the Republic itself. In fact, one person argued, right there in the Preamble it says “We the People” and later it says “in the pursuit of happiness,” he reasoned, not in the pursuit of profits.

The donut shop philosophers were right on two counts.

The idea of individual rights of citizens is based on the social theories of John Locke, who distinguished between people and government. Locke was a 17th century social philosopher and physician from whom the founding fathers borrowed ideas both for the Declaration of Independence and the Constitution. Mostly, Locke established the idea of the individual person who is born into human rights by virtue of personhood.

Corporations (or other creatures who come into existence when allowed by government) are not individuals with natural rights because by definition they are given life by the state; they are not individuals but societies. Milton Friedman, Nobel economist and a saint of free-market economics, was very clear in his thinking about this. The main purpose of corporations and business is to make money. There’s nothing wrong with that. But when they are allowed certain rights, it doesn’t make them people, nor do they acquire the natural rights of a person.

Here’s where it gets spooky and the movies’ infl uence shows. Because individuals live in society and have rights, we pursue happiness. Corporations, on the other hand, are artificial societies, and only pursue greed.

That’s what werewolves, zombies and vampires do. They look out only for themselves.

­It’s clear the five Supreme Court justices — John G. Roberts, Samuel A. Alito, Anthony M. Kennedy, Clarence Thomas, Antonin Scalia — got a little carried away with the metaphor by equating corporations to individuals. A novelist can do that and get away with it. It’s called witty. But when a Supreme Court Justice does it, it’s deranged. Congressman Alan Grayson (D-Fla.) has already introduced several bills, such as the Business Should Mind Its Own Business Act and the Corporate Propaganda Sunshine Act. However, it just might take a constitutional amendment to counteract the decision. That led one woman at the donut shop to wonder just where are right-wingers and tea-baggers and their harangues about our freedom now that we really needed them.

“Run for the hills,” another woman called out, getting up to leave. “The body-snatchers are coming after us. They’ve already got the Supreme 5.” Hispanic Link.

[José de la Isla writes a weekly commentary for Hispanic Link News Service. His 2009 digital book, sponsored by The Ford Foundation, is available free at www.DayNightLifeDeathHo pe.com. He is author of The Rise of Hispanic Political Power (2003). E-mail him at joseisla3@yahoo.com.]  ©2010

Don’t let freedom slip

by Marvin J. Ramirez

NOTE FROM THE EDITOR

­Marvin  J. RamírezMarv­in R­amír­ez­­­­­­­­­

This long article will show everyone of you our readers how precious is freedom, and we are about to lose it – and I mean lose our free country if we – concerned people, cops, army soldiers, those political fools who don’t know who they are really working or advocating for – don’t wake up now and stop the New World Order taking force now. El Reportero is presenting you with this opportunity to read it for history learning purposes and to aid you to think in making a difference now.

According to the unknown sender of this article, which it may be long, but it is worth reading because if we don’t learn from history, we are doomed to repeat it. Praise to God for those who are willing to teach us from their experiences.

This is a story by Kitty Werthmann, a woman from Austria who believes America is truly the greatest country in the world, and does not want us to lose our freedoms the way other people lost theirs. If your only news source is Univision, Telemundo, CNN, Fox News, the Chronicle, etc., you pretty much have been brainwashed into believing what they present you: that things are not bad, that things are getting better. They don’t tell you what the real agenda is. Because of the lack of space, we are going to publish it in three parts. This is the second part.

(The full 63-minute story is available on CD for $15 or $12 with purchase of another item at Realityzone.com)

by Kitty Werthmann

Sunday became National Youth Day with compulsory attendance. Parents were not pleased about the sudden change in curriculum. They were told that if they did not send us, they would receive a stiff letter of warning the first time. The second time they would be fined the equivalent of $300, and the third time they would be subject to jail. The first two hours consisted of political indoctrination.

The rest of the day we had sports. As time went along, we loved it. Oh, we had so much fun and got our sports equipment free. We would go home and gleefully tell our parents about the wonderful time we had.

My mother was very unhappy. When the next term started, she took me out of public school and put me in a convent. I told her she couldn’t do that and she told me that someday when I grew up, I would be grateful. There was a very good curriculum, but hardly any fun – no sports, and no political indoctrination.

I hated it at fi rst but felt I could tolerate it. Every once in a while, on holidays, I went home. I would go back to my old friends and ask what was going on and what they were doing.

Their loose lifestyle was very alarming to me. They lived without religion. By that time unwed mothers were glorifi ed for having a baby for Hitler. It seemed strange to me that our society changed so suddenly.

As time went along, I realized what a great deed my mother did so that I wasn’t exposed to that kind of humanistic philosophy.

Equal Rights Hits Home: In 1939, the war started and a food bank was ­established. All food was rationed and could only be purchased using food stamps. At the same time, a full-employment law was passed which meant if you didn’t work, you didn’t get a ration card, and if you didn’t have a card, you starved to death. Women who stayed home to raise their families didn’t have any marketable skills and often had to take jobs more suited for men.

Soon after this, the draft was implemented. It was compulsory for young people, male and female, to give one year to the labor corps. During the day, the girls worked on the farms, and at night they returned to their barracks for military training just like the boys. They were trained to be anti-aircraft gunners and participated in the signal corps. After the labor corps, they were not discharged but were used in the front lines. When I go back to Austria to visit my family and friends, most of these women are emotional cripples because they just were not equipped to handle the horrors of combat. Three months before I turned 18, I was severely injured in an air raid attack. I nearly had a leg amputated, so I was spared having to go into the labor corps and into military service. (Next week, Hitler Restructured the Family Through Daycare).

A night of boogie and one gunshot meet

Cuando salgas a bailar, deja la pistola en casa

­by the El Reportero’s staff

La policía de San Franciasco investiga un tiroteo en la Misión.SFPD investigate a shooting in the Mission­.

A peaceful and cool night outside and a joyful dancing event inside were interrupted on Wednesday, Feb. 3, when two African American men started a brawl at a local night club near Mission and 22nd St. at approximately 1 a.m. After they were removed from the club by security guards, the issue didn’t end there, one of the individuals pulled a gun and shot the other in a leg, according to witnesses.

While the wounded man was taken to the hospital, the police cordoned the area of 22nd and Capp to Bartlett streets, and on Mission from 22nd to 23er Street, searching for the bullet shell and questioning witness who gave vague accounts of the incident (see photo above).

According to Mission Police Station’s officer Ortega, the suspect was still at large. A woman in handcuffs was questioned. A couple of Muni buses remained unmoving as the street was closed with police yellow tape for approximately one and half hour.

Lights out: A protein may switch off cancer cells

­by the University of Michigan

ANN ARBOR, Mich. — A protein acting as a switch to activate the cell death process may prove to be an effective targeted treatment for killing cancer cells.

University of Michigan researchers discovered that the protein called RIP plays a role in mediating both the life and death of squamous cell carcinoma cancer cells, said Yvonne Kapila, associate professor, Department of Periodontics and Oral Medicine at the School of Dentistry.

This is key because cancer cells elude the normal cell death process. If that process could be activated artificially by a targeted introduction of RIP into cancer patients, those cells could be destroyed before they circulate out of control in the body, Kapila said.

The findings are promising but still a long way from being used as a therapy, Kapila said. Researchers still need to show that introducing RIP is safe before it can be tested in humans.

Kapila’s lab set out to find a mechanism that activates cell life and death. “The cell must analyze multiple signals and say, ‘OK, am I going to die or am I going to live,’” Kapila said. “We felt there must be some kind of communication between pathways of life and death otherwise the cell will be confused and not know what to do.”

­Researchers looked at squamous cell carcinoma cells from head and neck tumors and also fibroblasts from mice, but the findings could apply to other cancers as well since the death process is largely the same. They found that RIP was indeed the communicator, interacting with a cell death protein called FAS and with a protein called FAK during cell survival conditions.

Normal cells usually need to attach to a matrix to survive, and die if detached, Kapila said. This unique type of cell death caused by detachment from the matrix is called anoikis. Cancer cells can detach from a matrix but elude anoikis and circulate freely, which allows them to spread and metastasize in the body.

“This is a great advantage,” Kapila said. “They can go wherever they like and find a happy home and set up shop there.”

Next, researchers modified, or knocked out, portions of RIP to see which parts were critical in each process, Kapila said.

“In the future if one were to use this for therapy, if we know which pieces of the protein are important for each function, we know where to focus,” Kapila said.

The next step is to study the process in mice and analyze patient samples of RIP at different levels.

In a separate project, Kapila’s group is examining a separate molecule and its success in shrinking tumors, and how it interacts with RIP.

­

‘Chávez, three strikes, you’re out!’ cry Venezuela’s emboldened opposition

by the El Reportero’s news services

Hugo ChávezHugo Chávez

Just over a year ago, critics of President Hugo Chávez forecast that the oil price collapse would mark the beginning of the end for him, but were disappointed when he turned the crisis to his advantage, taking the opportunity to ‘accelerate’ the Bolivarian Revolution and consolidate his increasingly autocratic grip on power (after a successful referendum to repeal the two-term limit on elected posts) with fresh nationalisations, fast track approval of new legislation (including controversial new Electoral and Education Laws) and a renewed assault on the opposition media. For a while, it seemed as though Chávez could ride out a year of recession without too much difficulty. From late 2009, however, it suddenly looked as though the tide was turning against the wily Venezuelan leader.

Morales sworn in as Bolivia’s fi rst “plurinational” president

Declaring the birth of the new “plurinational” state of Bolivia and death of the old “colonial” republic, President Evo Morales assumed offi ce for a second term on Jan. 22. There is some substance to his claims. The new legislature is transformed beyond all recognition, leaving him free rein to achieve his main priority – the implementation of the new “plurinational” constitution. The executive has also been overhauled with the most extensive cabinet reshuffle since Morales first came to power in 2006. Meanwhile the judiciary, the one branch of government still nominally aligned with the white minority elite (albeit while in a state of collapse) is set to be transformed in elections later in the year.

What Mexico’s record drop in remittances means

On Jan. 27 the Banco de México reported that the remittance infl ows fell 15.7 percent year-on-year in 2009 to US$21.2bn. This is the biggest ever annual fall in what has become a crucial support for some of the poorest communities in Mexico. What is truly worrying about the fall in remittances to Mexico is that the fall is greater than to other countries, both in the region and around the world.

­U.S. kid kidnappers in Haiti arrested

Washington, Feb 1 (Prensa Latina) Ten US citizens were detained in Haiti, accused of kidnapping children to take them out of the country, The Wall Street Journal reported Monday.

The detainees will face judicial charges for being alleged members of a people smuggling network that is taking advantage of the chaotic situation in Haiti.

Those U.S. citizens were captured when trying to cross the border, heading for the Dominican Republic. They said to be members of a religious group called New Life Children’s Refuge.

According to Haitian authorities, they are five men and five women, and the 33 kidnapped children range from 2 months to 12 years of age.

The majority of the detainees belong to a non-governmental congregation in Idaho, and had no legal documents to take the children out of the country.

Who died in 2009? On major media’s scoreboard, Hispanic RIPs are still MIA

by José de la Isla

HOUSTON — Did you ever attend a party and no one noticed you were there, and when you left no one noticed that you weren’t?

That is how I interpreted Long Island University professor José R. Sánchez’s New Year’s observation about the media’s oversight of some important passings.

He counted up the year-end recognitions of notable people who passed away in 2009 and noted next to no recognition of Latinos. The “treatment of Latino deaths is symptomatic of a wider neglect of Latinos,” he wrote in an essay for the National Institute for Latino Policy.

The New York Times included a chimpanzee among the 23 important “people” who died during the year, but not one Latino. The Chicago Tribune mentioned two Latinos out of 104 people: Argentine grammy winner Mercedes Sosa and Nicaraguan boxer Alex Arguello. Gidget, the Taco Bell Chihuahua, doesn’t count.

The Los Angeles Times mentioned only three Latinos out of 120 notable deaths.

It included actor Ricardo Montalbán, Mexican- American jockey Ismael Valenzuela, and one other person already mentioned. The Baltimore Sun also only listed three out of 134, with two-time Venezuelan president Rafael Antonio Caldera and baseball manager Preston Gómez, new to those already mentioned.

The 91 notable death listed by The Associated Press only included Montalbán. Sánchez concluded that a “group that is either not seen or that draws little interest will find its contributions minimized or dismissed.” And he relates this invisibility to powerlessness.

Sánchez might be right to a certain extent. When power, politics, fame and status are considered the purpose of life, getting recognized means everything. Getting overlooked is insulting.

Yet other trends, civic ones, might also suggest another path, one away from complaint, regret and grievance.

Only during the past decade did the U.S. Census results sink in about the exponential growth of the Latino population. It came as news to many, even though it’s been obvious for three decades. And for many it was a revelation similar to Columbus “discovering” America.

Ashamedly, this happened just during the past decade. Even though the Census Bureau reported in July 2001 that Hispanics already outnumbered African Americans by one million persons, the press and public alike regularly comment that Latinos “will soon become the nation’s largest minority population.

But “minority” status is nothing to aspire to. It is a quasi-legalisic designation and not one that comes out of conflating history, tradition, language, culture, world view and life, in general. It is what some sociologists call a “huristic,” a useful designation. But it is not useful when it stigmatizes or is used to suggest people who are outside the major currents of national life.

In fact, the revelation by the Census served to show just how out of touch so many persons are about knowing their own country.

Few people have formed a context for understanding other major events of the past decade.

A grassroots Hispanic enfranchisement movement began long before, in 1976, which validated that civil rights is not about color alone. The 2004 national election validated Hispanics as a national electorate. In 2006, the largest civil right marches in the nation’s history, over immigration reform, validated the Hispanic stake in the nation’s policy direction. That was the organiz- ing tipping point in several key states for the election of Barack Obama in 2008.

These events still aren’t registering in the national consciousness, even though

they are the result of civic participation by millions.

Sometimes nobody notices when you arrive at the party alone. But it’s hard to ignore when 50 million of you do. The work to be done is simple. Take the world as you find it, as did those few Hispanic notables who were mentioned in the media, and make this a more interesting place for everyone.

­Now that’s something to have on your tombstone.

Celebrating Art with Elders

by the Reportero’s staff

Eldergivers en la Biblioteca Central de S.F. y Migdalia ValdésEldergivers en la Biblioteca Central de S.F. y Migdalia Valdés

Exhibition of original artwork from ELDERGIVERS program on view at S.F. Main Library.

A remarkable display of original art created by elders, most of whom only recently discovered their artistic talents, will be on view in the Jewett Gallery at the San Francisco Main Library, 100 Larkin St., from Jan. 9 to Feb. 28, 2010.

The participants in the gallery show reflect an ethnic and cultural mosaic of African American, Asian, Filipino, American Indian, Hispanic and Caucasian seniors, ranging in age from early 60s to 102 who have found fresh meaning in life and a new way of expressing themselves through the visual arts.

Celebrating Art with Elders showcases exquisite watercolors, acrylics, oil pastels, crayon, pen & ink and pencil drawings, and collages created by elders who reside in long-term care facilities around the Bay Area.

The show is sponsored by the Library, Friends of the San Francisco Public Library and ELDERGIVERS, a nonprofit organization committed to reconnecting the isolated elderly with the community at large.

ELDERGIVERS is now in its 18th year of offering art classes to seniors in residential facilities.

For many of the class participants, learning color theory, composition and perspective becomes a revelation. “I’d like to live to 100. I’m finally doing now what I should have done years ago,” said artist Charles Crookston, 80.

Starting on Jan. 9-Feb. 28, 2010.

Bad Days Made Beautiful

“Bad Days Made Beautiful” by Bay Area photographer, Migdalia Valdes.

These sublime and unusual photographs are made without the use of a camera.

“Bad Days Made Beautiful is a body of work that comes from within the larger framework of my lifelong project titled Every Day in Black and White. With Every Day, I have made a commitment to photograph every day using my old Rolleiflex and film. This project has become a photographic essay of what we see and think about, remember and forget, laugh at and sometimes walk by, a story of time, shifting culture, social change and memory; a poetic documentary of contemporary urban life.

Reception will be held through March 20.

­In Search of Beethoven

In Search of Beethoven addresses the romantic myth that Beethoven was a heroic, tormented figure battling to overcome his tragic fate, struck down by deafness, who searched for his ‘immortal beloved’ but remained unmarried. It delves beyond the image of the tortured, cantankerous, unhinged personality, to reveal someone quite different and far more interesting.

In Search of Beethoven brings together the world’s leading performers and experts on Beethoven to reveal new insights into this legendary composer. The line-up of performers and interviewees includes Gianandrea Noseda, Sir Roger Norrington, Riccardo Chailly, Claudio Abbado, Fabio Luisi, Frans Brüggen, Ronald Brautigam, Hélène Grimaud, Vadim Repin, Janine Jansen, Paul Lewis, Lars Vogt, and Emanuel Ax among others. The film is narrated by Juliet Stevenson and young RSC actor David Dawson.

A film at the Bay Model located at 2100 Bridgeway in Sausalito on Tuesday, Feb. 2, 2010 @ 6 p.m. For more info call 415-381-4123.

One of the most important Latino American contemporary artist in N.Y.

por Antonio Mejías-Rentas

Gabriel OrozcoGabriel Orozco

ART TO GO: One of Latin America’s most important contemporary artists is having a retrospective of his work in New York, the first and only U.S. stop on an international tour.

Gabriel Orozco’s self-titled show will be on view through March 1 at the city’s Museum of Modern Art (MoMA). It includes some 80 pieces — among them drawings, sculptures, paintings and installations.

Among them is the gigantic Matrix Movil, the reconstructed skeleton of a whale found in Baja California that has never been seen outside of Mexico.

Orozco, 47, is the third Mexican artist to have a solo show at MoMA.

Preceding him were two well-known 20th century masters: painter Diego Rivera and photographer Manuel Álvarez Bravo. Following New York, Orozco will travel to Basel, Switzerland, Paris and London.

‘SAY IT’ IN PUERTO RICO: The Puerto Rican Academy of Spanish has launched a quarterly magazine devoted to the way the language is spoken in the island.

The first issue of DILO came out in November and is available online at www.academiapr.org or at select San Juan bookstores. Topics covered include the use of English-language words, internet terminology and the common pronunciaton of the “z” in Puerto Rican Spanish.

In a related item, the works of the late Spanish poet Juan Ramón Jiménez housed at the University of Puerto Rico will be digitalized and made available on the web thanks to an international project launching this month.

The Puerto Rican archives of the Nobel laureate includes as many as 200,000 documents, including many unpublished works. A prominent figure of Spain’s Generación del ’27 literary movement, Jiménez left Spain during the Civil War and lived most of his exile in Puerto Rico. He died in 1958.

A CAPPELLA STARS: The Puerto Rican sextet NOTA that won the NBC competition The Sing Off has signed with Sony/Epic to record a minimum of five CDs.

NOTA won $100,000 after beating 12 other a cappella groups in the televised contest held this month in Los Angeles. The group is made up of singers Johnny Figueroa, Juan Elí Díaz, David Pinto, Edgar Ríos, Ludwig Henderson and José Ángel Rodríguez.

­Figueroa, who lives in Los Angeles, found out about auditions for the NBC show and contacted his fellow members in Puerto Rico. Pinto is a sound engineer who works with reggaetón superstar Daddy Yankee, who covered the group’s travel and wardrobe expenses.

ONE LINERS: ’80s funk band Kool & The Gang performed Dec. 20 at a free concert in Havana, Cuba… Actress Penélope Cruz and films Los abrazos rotos, from Spain, and La nana, from Chile, were nominated for Golden Globe awards this month… Nominees for SAG awards include Cruz and the cast of ABC’s Modern Family, among them Sofía Vergara…Veteran Venezuela soap opera star José Bardina died Dec. 25 in Miami at age 70… and British conceptual artist Phil Collins was inspired by telenovelas for the 28-minute video he titled Soy mi madre, a commission by the Aspen Art Museum that contrasts the lives of local residents and Mexican immigrants and is now on view at a London gallery.

Flout the mandate penalty? Face the IRS

compiled by El Reportero’s staff

Americans who fail to pay the penalty for not buying insurance would face legal action from the Internal Revenue Service, according to the Joint Committee on Taxation.

The remarks Thursday from the committee’s chief of staff, Thomas Barthold, seems to further weaken President Barack Obama’s contention last week that the individual mandate penalty, which could go as high as $1,900, is not a tax increase.

Under questioning from Sen. John Ensign (R-Nev.), Barthold said the IRS would “take you to court and undertake normal collection proceedings.”

Ensign pursued the line of questioning because he said a lot of Americans don’t believe the Constitution allows the government to mandate the purchase of insurance.

“We could be subjecting those very people who conscientiously, because they believe in the U.S. Constitution, we could be subjecting them to fi nes or the interpretation of a judge, all the way up to imprisonment,” Ensign said. “That seems to me to be a problem.”

Ensign’s argument , however, wasn’t persuasive to the committee — which rejected an amendment from Sen. Jim Bunning (R-Ky.) to eliminate the individual mandate.

Sen. Olympia Snowe (R-Maine) was the only Republican to vote with Democrats to preserve the mandate.

Teacher’s aide acquitted after evidence contradicts offi cer’s story

SAN FRANCISCO, CA – A woman who was injured and falsely arrested by police in September has been acquitted of battery upon an offi cer and resisting arrest, San Francisco Public Defender Jeff Adachi announced today.

Tisha Harvey, a 29 year-old teacher’s aide for disabled preschoolers, is currently cooperating with an Offi ce of Citizen Complaints investigation against the police offi cer involved in the incident. Jurors unanimously found Harvey not guilty on December 31 after deliberating for one day.

On September 2, 2009, Harvey, who had no criminal history, was handcuffed and thrown to the ground by a San Francisco Police Department officer who claimed she ran a stop sign at Rutland Street and Sunnydale Avenue. Through police dispatch records presented at trial, Deputy Public Defender Serena Orloff established that the offi cer believed Harvey’s 2008 Chevrolet Impala was a stolen vehicle and fabricated the stop sign violation as a reason to approach the mother of two after she parked in front of a neighborhood community center.

During the week-long trial, jurors heard Harvey’s voice on a police radio recording pleading to know why she was being ar- rested. After the officer threw her to the ground and kept her there, handcuffed, with his knee in her back, Harvey called to nearby bystanders to contact a community worker from the nearby center to help her communicate with the offi cer. Jurors were shown photo documentation of the multiple bruises Harvey suffered in the incident.

The offi cer told a markedly different story under oath, testifying that Harvey struck him in the chest and, once handcuffed, tried to incite a growing crowd to attack him. While no evidence was presented to back up that version of events, witness accounts corroborated Harvey’s testimony that she was only yelling for the community worker to help mediate the situation.

“The offi cer had been on the force for barely a year and I believe he was woefully out of touch with the people and the neigh­borhood he was sworn to protect,” Orloff said. “The frightening part is that what happened to Ms. Harvey could happen to anyone. She was a law-abiding citizen on her way to pick up her child from daycare.”