ANC3E REMINDER
Meeting tonight at 7:30 at St Mary's Armenian Church
 
 

ANC3F MEETING
From: meeting@anc3f.org
CAPITAL MEMORIAL CHURCH,  3150 CHESAPEAKE STREET, N.W.
15 October 2001,  Monday at 7:30pm
Tentative Agenda:
**** 4250 Connecticut: Fannie Mae plans for employee parking, new
statuary & landscaping
Karen Stiensen, Fannie Mae
**** 2944 Chesapeake Street - height of new residence additional
consideration of appeal to Board of Zoning Adjustment
**** 4500 Wisconsin Avenue (former Sear-Hechinger) conceptual
application to Historic Preservation Review Board
**** 2807 Chesterfield Place (backing on Davenport) conceptual
application for proposed house to Commission of Fine Arts
----
For updates, see our web site: www.anc3f.org
 
 
 

TURTLE PARK REMINDER AND NEW EVENT
From: <toddandjean@netzero.net>
Friendship "Turtle" Park is gearing up for Fall Planting and Clean Up
Day and we need volunteers!  The event will take place on October 13
from 9 am - 2 pm. We'll be planting, mulching, weeding and beautifying
this neighborhood park so please come and join us. Tools and
refreshments will be provided. If you would like further information,
please feel free to contact Martha Ruffin at 202-363-3459 or Betsy
Haines at 202-363-7786.  The park is located at 45th and Van Ness
Streets NW.

The fifth annual Friends of Friendship Park Halloween Festival will be
on Saturday, October 27 from 10 am to Noon.  This free family event will
include pumpkin painting, crafts, costume parade led by the AU Pep Band,
live entertainment by Turley the Magician, refreshments and piñatas.
The community is asked to mark National Make a Difference Day by
bringing a gently used or new children's book to the event.  The books
will be donated to Martha's Table and Children's Hospital.  Friendship
"Turtle" Park is located at 45th and Van Ness Streets NW.  For more
information or to volunteer, please call Jean Kintisch at 202-966-8309.
 
 
 

WISCONSIN AVENUE BEAUTIFICATION
From: Kcolombant@aol.com (Kersti Colombant)
The Wisconsin Avenue Beautification project is looking for donations of
the following plants: liriope, blackeyed susans, fountain grass, russian
sage, pink cone flowers. Please contact Kersti 202 966 88 37 or Ralph
202 686 9550.
 
 
 

LOST DOG
From: "Kathleen McLynn" <kdmclynn@starpower.net>
Dear Neighbors,
Please keep an eye out for a lost dog described as a Golden Lab wearing
ID tags with a North Carolina address.  The dog was mistakenly let out
by a contractor working on their Warren Street house.  Sorry, we
neglected to get the owner's phone number, but she has left details with
the animal shelter should you find the dog.  Or e-mail us and we'll go
find her.  She was walking all over trying to find her dog. Thanks, Kate
McLynn & Drew Hullinger
 
 
 

LOCAL CRIME
From: "Pinder, Joe" <Joe.Pinder@mail.house.gov>
The Cleveland Park group recently reported a robbery at Newark and
Highland, for goodness sake, and the police apparently said that the
need to switch undercover cops to uniformed duty since Sept. 11 had
created a window of opportunity for crooks who are taking advantage of
it. Probably, if that is true, people in this group ought to be aware of
it as well, and crank up the "Neighborhood Watch"  a little. Also, it
seems to me that Metro assaults/robberies are up, which would also
affect a number of us.
 
 
 

PROPOSED LEGISLATION OPPOSED BY AUSA
From:  "Graves, Charlene" <Charlene.T.Graves@usdoj.gov>
On Friday, October 12  at 10:00 a.m., the Committee on the Judiciary
will have a hearing on three bills that will affect the criminal justice
system in the District of Columbia.  The hearing will be in the Council
Chamber at 441 4th Street, N.W.  Anyone is welcome to testify.  You can
call the Office of Councilmember Kathy Patterson at 724-8062.  You can
also submit written testimony or a letter expressing your views.  They
should be sent to Councilmember Patterson at the Wilson Building, 1350
Pennsylvania Avenue, N. W. Washington, D.C.  20004.  The bills are:

1. "Misdemeanor Jury Trial Act of 2001," Bill 14-2.

2.  "Miranda Codification Act of 2001," Bill 14-3.

3.  Actual Claims of Innocence Act,” Bill 14-340.

Copies of these bills can be obtained on the Council website:
www.dccouncil.washington.dc.us.

While the contours of the final legislation cannot be determined at this
time, the U.S. Attorney’s Office will oppose these bills for the
following reasons (among others).

The “Misdemeanor Jury Trial Act” would require a jury trial any time a
person was charged with more than one misdemeanor offense.  Currently,
misdemeanors are scheduled for trial about 2 to 3 months after arrest.
If this bill is passed, it will likely take much longer to schedule
cases initially, there will be more continuances, more witnesses will
become discouraged about testifying, and police officers will have to
make more appearances in court.  The court is having difficulty
obtaining enough juries for felony cases.  This will compound that
problem as well as causing other delays in scheduling felony trials
because of the overload.

The “Miranda Codification Act” requires, among other things, that the
police videotape everyone they question at police stations, that they
tell the person before questioning that the session will be videotaped,
and that confessions would not be admitted into evidence if they are not
videotaped.  Other provisions of the bill change the rules by which
juries consider confessions, making them unlike any other kind of
evidence.  This means that fewer confessions will be obtained in the
first instance (because many people do not want to talk on videotape)
and fewer confessions will be heard by juries.  Even if a person freely
and voluntarily confesses after having been given Miranda warnings, he
could be acquitted.

The “Actual Claims of Innocence Act” is simply worded but very
complicated.  In short the bill would allow people who entered guilty
pleas or were found guilty beyond a reasonable doubt to ask the court to
overturn their convictions even if there was no new evidence, the
defendants waited years to make their claims, and  the proceedings that
led up to their conviction were fair and constitutional.  The bill is
much too broad, it does not have high enough standards for making a
claim or for obtaining relief.   The U.S. Attorney has proposed an
alternative bill that is much more narrowly tailored to ensure that only
those very few people who were wrongly convicted can challenge their
convictions and obtain relief.  The text of the U.S. Attorney’s proposal
follows:

        Section 2. Definitions.
        For purposes of this act, the term:
        (1) “Actual innocence” or “actually innocent” means that the person in
fact did not commit the crime of which he was convicted.

        Section 3.  Motion for a new trial based on newly discovered evidence
of actual innocence.
        (a) Notwithstanding the time limits established by Rule 33 of the
Superior Court Rules of Criminal Procedure, a person in custody under
sentence of the Superior Court of the District of Columbia may, more
than three years after a verdict or finding of guilty, make a written
motion to the court for a new trial based on newly discovered evidence
that demonstrates actual innocence.  The motion must:

                (1) include an affidavit by the movant, under penalty of perjury,
stating that the movant is actually innocent of the crime for which the
movant is in custody;
                (2) identify the specific newly discovered evidence and describe why
it is not cumulative or impeaching;
                (3) describe the due diligence undertaken before, during, and after
trial to obtain the evidence and to present it to the court;
                (4) identify a theory of defense, not inconsistent with previously
asserted theories, whose validity would establish the movant’s actual
innocence, and explain how the newly discovered evidence would
substantiate that theory; and
                (5) make a prima facie showing that the conditions set forth in
subsection (c) for relief are satisfied;
 
        (b) (1) Unless the motion and files and records of the case
conclusively show that the movant is entitled to no relief, the court
shall cause notice thereof to be served upon the prosecuting authority,
grant a prompt hearing thereon, determine the issues, and make findings
of fact and conclusions of law with respect thereto.
        (2) The court may appoint counsel for an indigent movant under this
section pursuant to chapter 26 of title 11, D.C. Code.
        (3) The court may entertain and determine the motion without requiring
the production of the movant at a hearing.
        (c) The court shall grant a motion for a new trial, based on newly
discovered evidence filed  more than three years after the verdict or
finding of guilty, only if the movant proves by clear and convincing
evidence each of the following:

        (1) that the evidence was not known and could not, in the exercise of
due diligence, have been known to movant or his or her counsel at the
time of trial;
        (2) that the movant and his or her counsel had diligently attempted to
procure evidence of his or her innocence prior to, during and after the
trial;
        (3) that the movant and his or her counsel used due diligence in
presenting the evidence to the court after its discovery;
        (4) that the proffered evidence is not merely cumulative or impeaching
of evidence presented at the trial;
        (5) that the evidence is material to the issues involved in the trial;
and
        (6) that the newly discovered evidence, viewed in light of all the
evidence in the case (whether or not such evidence was introduced at
trial), establishes that the movant is actually innocent.

        (d) The court shall not be required to entertain a second or successive
motion for similar relief on behalf of the same movant.
        (e)  An order granting or denying a new trial under subsection (c) is a
final order for purposes of appeal.
        (f) A motion for a new trial based on newly discovered evidence shall
otherwise be determined under Rule 33 of the Superior Court Rules of
Criminal Procedure.
 
 
 

MORE COMMENTS ON STARPOWER
**** From: Larry Williams <lwindc@starpower.net>
I have great success with Starpower.  The signal is great and their
service has been fine.  I had a problem with the cable box and called to
see what could be done about the sound cutting out.  They came the next
day and replaced the box.

**** From: "Jim Holway" <JHolway1@starpower.net>
Starpower works well for me, but find that some of the higher channels
remind me of my old DC Cable...fuzzy or with shadows.  I run those
channels through my VCR and they work well...Also, I called wonderful
Comcast about Turner Classic Movies they advertised this week...for my
mother in law. They want $13.95/month...Starpower has it as part of
their basic plus as you know.  As for the internet connection, works
fine.
 
 
 

MORE ON SUPERCANS
**** From: JPHIPPARD@aol.com (Jim Phippard)
We received a new trash can -- whether we needed it or not.  And we
didn't! Anyone who needs an extra can is welcome to ours.

**** From: "Robert Hyman" <roberthyman@erols.com>
We were able to get the city to come and get all the broken supercans
that we collected. Any complaints regarding the supercan delivery or
pickup should be called into DPW at 645-4301 or 727-1000. The contractor
responsible for our area is a Mr. Jackson Lancaster. I have spoken to
Mr. Lancaster and he is going to do those areas of Glover Park that his
crew missed the first time. Pick up of the old broken and unwanted
supercans seems to be problematic at this time.

**** From: Phil Heinrich
Check http://dpw.dc.gov/services/solidwaste/collection/supercan.shtml,
it explains details of repair/replacement of Supercans. I suggest having
residents call 727-1000 with the serial number, for repairs.
 
**** From: Tom Hebert <thebert@capitolink.com>
Hats off to Robert Hyman and his neighbors (again) for getting together
(again) and collectively trying to address an issue in their
neighborhood, in this case leftover Supercans that should have been
picked up when the new ones were delivered.  I had called the city on
September 7 to say that all the cans in our alley (Fessenden/Faraday,
tween 44th and 45th) needed the old cans removed.  The city agreed it
should have been done, gave me a tracking number, said it should be a
few days for the "contractor" to get to it.  The events of September 11
intervened, and we haven't wanted to push this, but we will go back to
the city soon with our tracking number to see if it is worth anything.
 
 
 

COMMUNITY BULLETIN BOARD
**** From: Kcolombant@aol.com (Kersti Colombant)
I am looking to buy a second hand  wooden high chair. Call Kersti 202
966 8837

****  From: Andrew_Strasfogel@blm.gov
I am trying to find a local business that could dip/strip our shutters
to get rid of all the peeling paint.  There is a business in Annapolis
(City Stripper) that does this but they require that all work be
delivered to them.  If anyone can recommend someone, please email me to
squasher@altavista.net.  Many thanks.

**** From: "Jeremy Epstein" <jer979@silentfrog.com>
If you need odd job help around the house, take a look at our
SilentFrog  (www.silentfrog.com). Using our database, you can search for
people in your area who are willing to do many types of jobs including
tutoring, yard work, babysitting, errand running and many more.  With
this system, you can also see feedback and ratings for each person by
other customers, contact one or many online, and do all of your
scheduling with a few clicks.  It's faster, easier, and more convenient
than any alternative and costs only a few dollars for an annual
subscription...and we guarantee your satisfaction.
--------
Check out SilentFrog's recent press from the Washington Post!
http://www.washingtonpost.com/wp-dyn/articles/A2033-2001Sep9.html
--------
Jeremy Epstein, SilentFrog  --Your Time Is Valuable
Co-Founder, Cell: 646-732-9500, AIM: jer979
jer979@silentfrog.com, www.silentfrog.com
 
 
 

FREE MAMMOGRAMS
From: "kayandpaul" <kayandpaul@erols.com> (Kay McClenon)
This is National Breast Cancer Awareness Month. Please take a moment to
read about how you can help provide free mammograms for underprivileged
women. The Breast Cancer site is having trouble getting enough people to
click on it daily to meet their quota of donating at least one free
mammogram a day to an underprivileged woman. It takes less than a minute
to go to and click on "donating a mammogram" (pink window in the
middle). Corporate sponsors/advertisers use the number of daily visits
to donate a mammogram in exchange for advertising.
 
Here's the website! Pass it along to all your women friends!!
http://www.thebreastcancersite.com
 

-END-