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Show BULLETIN Tuesday, September 29,20O9 www.dailyutahchronide.com 29 Tuesday Breezy • | | i !;• ! " • ' • 3 0 Wednesday ^ • " ' • • • • • • — — ' • " ~ " " - • • - * • ' • • Clearing skies Chance of t-storms 53/45 82/68 • The Making of a Scientist: An Unlikely Journey: 7 p.m. to 9 p.m. @ Salt Lake City Public Library • The Fair Boundaries Initiative - Restricting Reform in Utah: 9:10 a.m. to 10 a m @ Hinckley Caucus Room, OSH Room 255 "Team Tots Day Care Program: 4 p.m. to 8 p.m. @124 AEB • TRAILS Outdoor Cycling Club: 4 p.m. @ Liberty Park. • 1 Thuredaj/:^^|$^; r - . . . . • • • • • Oktoberfest: 10 a.m. to 2 p.m. @ Union Patio i • Utah Ballet Special Event Performance: 7:30 p.m. to 10 p.m. @ , Marriott Center for Dance Theater . ::,;li • Community assembly through adaptive radiation: Spiders on , • Star Party: Half an hour after sundown @ Roof of the South Physics Building • Introduction to Community of Science: 2 p.m. to 4 p.m. @ Health Sciences Education Building • Homecoming Week- REDVOLUTIONI: Ail day @ Campus islands:4p.m.@Skaggs Biology Building Room 210 . ;,,-.;, • • Team Tots Day Care Program: 4 p.m. t o 8 p.m. @ 124 AEB : v £'{•' Weather fiwn ttw departmern of atmospneric sdexes: A/ip^Ww(7DTXKur^f!^av^puSbrK^' -,• - All stories and photos from The Associated Press Death toll in Philippine storm at 240 MANILA, Philippines —Rescuers pulled more bodies from swollen rivers and debris-strewn streets to bring the death toll in massive flooding in the northern Philippines to 240 on Tuesday as residents dug out their homes from under carpets of mud. The National Disaster Coordinating Council said/ TAiesday the homes of nearly 1.9 million people in the capital and surrounding areas were inundated, with nearly 380,000 people brought to schools, churches and other evacuation centers. Overwhelmed officials have called for international help, warning they might not have sufficient resources to withstand another storm that forecasters say is brewing east of the island nation and could hit as early as Friday. Tropical Storm Ketsana, which scythed across the northern Philippines on Saturday, dumped more than a month's worth of rain in just 12 hours, fueling the worst flooding to 55/30 WORLD Venezuela releases student activist, keeps charges CARACAS, Venezuela—Venezuela released a student activist Monday whose imprisonment was cited as an example of politically motivated prosecutions by President Hugo Chavez's government. The release of Julio Rivas prompted cries of joy from Venezuelans who rallied behind him. U.S. Man faces manslaughter trial in texting case NEWPORT BEACH, Calif.—A Southern California man accused of killing a pedestrian while driving and text messaging has been ordered to stand trial for gross vehicular manslaughter. Superior Court Commissioner James Odriozola denied a defense motion Monday to lessen the charge to a misdemeanor after determining there was evidence the crash was caused by more than ordinary carelessness. A woman reaches out for a bag of relief goods as others wait for theirs after flood water subsides, allowing big trucks to enter the area Monday in suburban Cainta, east of Manila, Philippines. Rescuers pulled the mud-splattered body of a woman from a swollen river Monday while tens of thousands of residents began a massive clean-up of communities left in shambles and filth by a storm that set off the worst flooding in the northern Philippines in more than 42 years, officials said. hif the country in more than 40 years. Troops, police and volunteers have already rescued more than 12,359 people, but unconfirmed reports of more deaths abound, said Defense Secretary Gilbert Teodoro. He said at a news con- ference that help from foreign governments will ensure that the Philippine government can continue its relief work. "We axe trying our level best to provide basic necessities, but the potential for a more serious situation is there," he said. "We cannot wait for that to happen." The extent of devastation became clearer Monday as TV networks broadcast images of mud-covered communities, cars upended on city streets and reported huge numbers of villagers without drinking water, food and power. Gay man charged with child kidnapping found not guilty Prosecutors are defending their handling of a case that ended in a jury acquittal for a man charged with kidnapping and burglary.. David James Bell was found not guilty for taking two children from a neighbor's house party after they wandered unsupervised. A group of adults stormed over and beat Bell, who is gay. Deputy district Attorney Alicia Cook says no decision has been made on bringing charges against the partygoers who beat Bell. Corrections and Clarifications Sept. 28*s headline "Homecoming race raises $2<)K for scholarships" inaccurately stated how much the race raised. The race has raised at least $25,000 this year and raised $29,000 last year, as stated in the article. Final numbers for this year aren't yet available. A photo caption published Sept. 28 incorrectly identified Louisville's quarterback. Justin Burke is the quarterback for the Cardinals. .THE DAILY UTAH CHRONICLE Advertising 801-581-7041 News801-581-NEWS Fax801-581-FAXX UT ethics initiative may not go forward Utah Lt. Gov. Greg Bell might kill a citizen initiative to create an independent ethics commission and a code of conduct for state lawmakers before the public ever gets a chance to decide if it wants to vote on it. In a meeting with Utahns for Ethical Government, Bell said Monday he's worried the initiative might be patently unconstitutional because the state constitution grants the Legislature the authority to regulate itself. The citizen group countered that its proposal is constitutional because the ethics commission would only be an advisory one—the final decision on legislator discipline would still rest with lawmakers. It ppinted to the state constitution, which says the people of the state also have legislative power through the initiative process. Bell holds the sole authority to release signature packets necessary to get the initiative on the ballot in 2010. To get the initiative on the ballot, 95,000 signatures must be gathered by April from registered voters in 26 of the state's 29 Senate districts. Utahns for Ethical Government had hoped the packets would be released Monday following the completion of seven public hearings around the state in an effort to have as much time as possible to collect the signatures. Janet Jenson, an attorney for the group, said she is worried that Bell is caving to pressure from his former GOP legislative colleagues who are opposed to the reform proposals. State law says that the lieutenant governor can only deny a citizen petition if it is patently unconstitutional; nonsensical; the proposed law could not become law if passed; the law contains more than one subject; the subject of the law is not clearly expressed in the law's title; or if the law proposed by the initiative is similar to a law proposed by an initiative in the past two years. Bell, a lawyer and former state senator, said he's required to give what in effect is a judicial review of the constitutionality of the initiative. Alan.Smith, another attorney for Utahns for Ethical Government, said Bell is delving much too far into legal nuisances and the length of the nearly hour and a half meeting showed that. "If it's a debatable proposition, how can it be patently unconstitutional?" he said. EDITOR IN CHIEF: Rachel Hanson ARTS EDITOR: Joseph Peterson r.hanson@chronicle.utah.edu j.peterson@chronicle.utah.edu MANAGING EDITOR: Sara Copeland PHOTO EDITOR: Tyler Cobb s.copeland@chronicle.utah.edu t.cobb@chronicleMtah.edu PRODUCTION MANAGER: Alyftsa Whitney ASST. PHOTO EDITOR: Mike M a n g u m a.whitney@chronicle.utah.edu m.mangum@chronicle.utah.edu ASST. PRODUCTION MANAGER: Rebecca Isbell OPINION EDITOR: Craig Blake PAGE DESIGNER: Maggie Poulton COPY EDITOR: Alex Lewis COPY EDITOR: Brittany Banning . COPY EDITOR: Beverly Jackson PROOFREADER: Rebecca Saley ONLINE EDITOR: Richard Payson GENERAL MANAGER: Jake Sorensen c.blake@chronicle.utah.edu j.sorensen@chronicle.utah.edu r.isbell@chronicle.utah.edu NEWS EDITOR: Michael McFall m.mcfall@chronicle.utah.edu ASST. NEWS EDITOR: Trent Lowe tlowe@chronicle.utah.edu SPORTS EDITOR: Paige Ffeldsted DIRECTOR OF ADVERTISING: Tom Hurtado p.fieldsted@chronicle.utah.edu t.hurtado@chronicle.utah.edu ASST. SPORTS EDITOR: Bryan Chouinard ADV. DESIGNER: Karissa Greene b.chouinard@chronicle.utah.edu k.greene@chronicle,utah.edu The Daity Utah Chronicle is an independent student newspaper published daily Monday through Friday during Fall and Spring Semesters (excluding test weeks and holidays). Chronicle editors and staff are solely responsible for the newspaper's content. Funding comes from advertising revenues and a dedicated student fee administered by the Publications Council. To respond with questions, comments or complaints, call 801-581-7041 or visit wyirAf.dailyutahchronicle.com. The Chronicle is distributed free of charge, limit one copy per reader. Additional copies of the paper may be made available upon request. No person, without expressed permission of The Chronicle, may take more than one copy of any Chronicle issue. CROSSWORD SPONSOR ^Tv^T"; _ Positive Psych<ology* Judge to decide if boy, 9, faces rape trial PHOENIX—A 9-year-old boy charged in the gang-rape of an 8-yearold Liberian girl sobbed in court Monday as his teacher testified that he rarely did his homework and often got intofightswith other students. Under questioning by the prosecution, second-grade teacher Toya Abrams said the boy was a challenge and had various behavioral problems. The boy eventually put his head down on a table and began sobbing, prompting his lawyer to ask for a recess. The boy is one of four Liberian boys facing charges in the rape. Police say the boys lured the girl to a storage shed at a west Phoenix apart- ment complex with the promise of gum and took turns raping her. All the children involved are refugees from the West African nation of Liberia. The case sparked an international outcry after police reported the girl's father said she brought shame on the family and he didn't want her back—comments a family pastor later said were misunderstood because of a language barrier. State child welfare officials have custody of the girl, and police are recommending neglect charges against her parents. Monday's hearing was to designed to help Judge Dawn Bergin decide if the 9-year-old charged in the rape is competent to stand trial. Two mental-health experts found that he is not, and Bergin must listen to testimony from them and others before she makes a decision. Bergin was expected make a ruling Monday or Tuesday, but decided testimony would take too long for that. She scheduled another hearing on the same matter for Nov. 18. Abrams, who teaches at Camelview Elementary School in Phoenix, testified that she was concerned about the boy's home life, saying he wore the same dirty shirt to school for months, often smelled bad, and was often hungry. EPA tells schools to test aging caulk for PCBs WASHINGTON—Hundreds of school buildings across the United States have caulk around windows and doors containing potentially cancer-causing PCBs, the Environmental Protection Agency says. The danger to students is uncertain, and EPA does not know for sure how many schools could be affected. But the agency is telling schools that they should test old caulk and remove it if PCBs turn up in significant amounts. EPA Administrator Lisa Jackspn said PCBs remain in schools and many other buildings built before the chemicals were banned in the late 1970s. "We're concerned about the potential risks associated with ex- posure to these PCBs, and we're recommending practical, common sense steps to reduce this exposure as we improve our understanding of the science," Jackson said in a news release issued Friday. The agency said it would conduct new research into the link between PCBs in caulk and in the air, which it said is not well understood. Studies in European countries have shown that PCBs in caulk contribute to dust and air inside schools and other buildings. EPA now recommends testing for PCBs in peeling, brittle, cracking or deteriorating caulk in schools and other buildings that were built or renovated between 1950 and 1978. The agency also will conduct its i own tests on PCBs in schools. The law already requires that building owners remove caulk if they discover very high levels of PCBs. But proper removal is very expensive. "It's a huge disincentive for building owners," said Robert Herrick of Harvard's School of Public Health. "If you look for it and find it, you have to report it to the EPA and remove it, so why would you look for it in the first place?" He said Berkshire Community College in Massachusetts saw an approximately $2 million project for window replacement and renovation1 increase to $5 million after engineers tested caulk and found PCBs. 'Courses that can chang your Life" NOW Offering— EDPSSSWJK CopfngwrthOHficiAPeoph EDPSS06OO90 EDPSS9&M93 Enhancfng Happiness & Ufe SatUfaction .. '' Forglvtnes* & Angtr Raduction ED PS 5965W0 Mtdltatlon & S t r « * £0 PS 59500* Growing from Traumatic Ufa Exptrftncai I ©PS59SOO91 Poittlva PsychologyftW«*VB«lng EDPS 59&CKB5 QuaBtyIntimateRttadonshlp* Call the DepL of Educational Psychology at 801-581-7148 . . . . . . . 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